[Added 12-17-2001 by L.L. No. 18-2001]
This article shall be known as the "Adult Use
Business Regulations Law of the Town of Clifton Park."
Based upon a comprehensive study of the adverse
secondary impacts of adult use establishments as documented in accordance
with the ruling of the U.S. Supreme Court in the matter of the City
of Renton v. Playtime Theaters, Inc. [475 U.S. 41 (1986)] and commissioned
by the Town Board of the Town of Clifton Park, the Town of Clifton
Park finds that:
A.
There are adverse secondary impacts associated with
the establishment and operation of adult-oriented businesses within
a community;
B.
Among these adverse secondary impacts are a deterioration
in the local quality of life, an adverse effect upon local property
values, an adverse effect upon local economic viability, an imposition,
whether intentional or unintentional, of exposure to adult-oriented
expression undesired by neighbors, pedestrians and passersby, an increase
in traffic, noise, litter and nuisance, criminal and illicit sexual
behavior, a threat to the health and safety of children and young
adults and an undermining of the established sense of community;
C.
These adverse secondary impacts of the establishment
and operation of adult-oriented businesses are a threat to the general
health, safety and economic viability of the community;
D.
The unregulated establishment and operation of adult-oriented
businesses would lead to the wide-spread imposition of adverse secondary
impacts upon the residents, businesses, economic viability, property
values, and quality of life of the Town and would therefore be detrimental
to the general health, safety and economic viability of the community;
E.
The U.S. Constitution, and the Constitution and laws
of the State of New York grant to the Town of Clifton Park the powers,
especially police powers, to enact reasonable legislation and measures
to regulate the location and operation of adult-oriented businesses,
hereinafter defined, in order to protect the general health, safety
and economic viability of the community.
A.
It is the express intent of the Town of Clifton Park
in adopting this article to:
(1)
Ameliorate, mitigate, reduce or prevent the
widespread and unregulated imposition of the adverse secondary impacts
of adult-oriented businesses upon the residents, businesses, economic
viability, property values, quality of life and general health, safety
and welfare of the community;
(2)
Protect the right of free expression, guaranteed
by the U.S. Constitution and the New York State Constitution, as may
be expressed and presented in the form of goods and services offered
by adult-oriented businesses.
B.
It is not the intent of the Town of Clifton Park in
adopting this article to:
(1)
Deny any person the right of free expression,
guaranteed by the U.S. Constitution and the New York State Constitution,
as may be expressed and presented in the form of goods and services
offered by adult-oriented businesses; or
(2)
Impose upon any person any additional limitations
or restrictions upon the right of free expression, guaranteed by the
U.S. Constitution and the New York State Constitution, as may be expressed
and presented in the form of goods and services offered by adult-oriented
businesses, beyond those granted to the Town under the U.S. Constitution,
the New York State Constitution and the laws of the State of New York
regarding the time, place and manner of that free expression. These
constitutionally protected rights are understood to include the right
to sell, distribute and exhibit the legal goods and services offered
by adult-oriented businesses; or
(3)
To impose upon any person any additional limitations
or restrictions upon the right to obtain, view or partake of any communications
guaranteed by the U.S. Constitution and the New York State Constitution,
as may be expressed and presented in the form of goods and services
offered by adult-oriented businesses, beyond those granted to the
Town under the U.S. Constitution, the New York State Constitution
and the laws of the State of New York regarding the time, place and
manner of that free expression; or
(4)
To estimate, decide, determine, resolve, consider,
conclude, judge or qualify in any manner or fashion the quality or
value of the content, nature, message, form, format, appearance, substance
or presentation of the free expression guaranteed by the U.S. Constitution
and the New York State Constitution, as may be expressed and presented
in the form of goods and services offered by adult-oriented businesses.
C.
Aware that, according to numerous decisions by both
federal courts and courts of the State of New York, the regulation
of the location of adult businesses must be based upon a finding of
the adverse secondary impact of these businesses upon the community
and must be directed solely toward the mitigation of these impacts,
not be directed toward any form of speech or expression, be no broader
than necessary and must provide alternative locations within the Town
for adult use businesses, the Town of Clifton Park hereby adopts the
following amendment to its Town Zoning Law.
For the purposes of this article, the following
terms shall have the following meanings:
Any business which:
Is the use of land, structures or location for
an adult entertainment business or as an adult physical contact establishment
as herein defined; and
Is any use of land, structure or location which,
by the provisions of the Penal Law, is required to restrict the access
thereto by minors; and
Is an establishment, location, building or structure
which features topless dancers, nude dancers or strippers, male or
female; and
Is a location, building or structure used for
presenting, lending or selling motion-picture films, videocassettes,
cable television or any other such visual media, or used for presenting,
lending or selling books, magazines, publications, photographs or
any other written materials distinguished or characterized by an emphasis
of matter depicting, describing or relating to specified sexual activities
or specified anatomical areas as defined below.
Adult use businesses, including adult bookstores,
adult video stores, adult motion-picture theaters, adult mini-motion-picture
theaters, adult cabarets, and adult drive-in theaters, shall be defined
as follows:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined below.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade video films, videocassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined below.
ADULT MOTION-PICTURE THEATERA building with a capacity of 50 persons or more used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for the observation of patrons therein.
ADULT MINI-MOTION-PICTURE THEATERAn enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for the observation of patrons therein.
ADULT CABARETAn establishment which features live go-go dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.
ADULT DRIVE-IN THEATERA drive-in theater utilized for the presentation of materials distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for the observation of patrons therein.
ADULT PHYSICAL CONTACT ESTABLISHMENTAny establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as physical therapists or physical therapist assistants and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this section.
A.
LI-A District. An overlay zone is hereby established
for adult use businesses within a portion of the Light Industrial
District and shall be known as the "LI-A District" as shown on the
Zoning Map. All zoning requirements of the LI District, which are
not superceded herein, shall apply to the LI-A District.
B.
The boundaries of the overlay zone known as the "LI-A
District" are superimposed over those portions of the LI District
described as the area wholly contained within the boundaries of Interstate
87 to the west, Tax Map Parcel #264.-3-69 and Parcel #259.-2-44 to
the north, the border of the Towns of Clifton Park and Halfmoon to
the east and Tax Map Parcel #265.-1-14.2 and 265.-1-15.3 to the south.
A.
No adult entertainment business shall be established
within 500 feet of any of the following:
(1)
Public or private school.
(2)
Church or other house of worship.
(3)
Licensed day-care center, nursery school or
preschool.
(4)
Public library.
(5)
Public park, playground or forest preserve.
(6)
Public recreation or community center.
(7)
Senior center.
(8)
A fire station or ambulance/emergency response
facility.
B.
No adult entertainment business shall be established
within 500 feet of any residential dwelling.
C.
Any private booths or areas within such adult use
businesses, either for the viewing of motion pictures or live performances,
shall be subject to the following requirements:
(1)
Any and all such booths, cubicles, studios,
studies and rooms for the private viewing of adult motion pictures
and/or live performances or areas shall not be open to public view
from the common areas of the establishment and that there shall not
be any doors, curtains, blinds or other structures or devices that
shall obstruct observation of the viewing areas from the common area
of the establishment;
(2)
Such private viewing areas shall be well lighted
and readily accessible at all times and shall continuously be open
to view.
(3)
Lighting throughout the adult establishment
shall be sufficient to illuminate every area to which patrons are
permitted access.
D.
All adult use businesses shall be conducted in an
enclosed building. It shall be a violation to display or exhibit in
the open air (outside of the establishment), through a window, or
by means of a depiction or decoration, or to allow to be displayed
or exhibited, any specified anatomical areas or specified sexual activities.
E.
The exterior appearance of any building containing
an adult use business shall be consistent with the character of surrounding
structures and shall not detract from the appearance of the neighborhood.
F.
Adult use businesses shall conform with all existing
applicable sign regulations in addition to the following specific
requirements:
(1)
Signs which are illuminated in neon or which
contain flashing lights shall be prohibited.
(2)
Exterior signs, displays or other advertisements
which contain nude, semi-nude or provocative pictures or silhouettes
shall be prohibited.
(3)
Interior signs, displays, posters or other advertisements
which contain nude, semi-nude or provocative pictures shall be located
a minimum of six feet from any window or door, and shall not be visible
from the exterior of the establishment.
(4)
Permanent and/or temporary window and door signs
shall not occupy more than 20% of each window or door.
G.
Adult use businesses shall be required to meet all
zoning and construction standards and requirements of the laws of
the Town of Clifton Park, including, but not limited to, lot and bulk
regulations, parking requirements, signage, facade and screening regulations.
The violation of this article shall be a Class
A misdemeanor. In addition, any person violating this article shall
be liable to a civil penalty of $500 to be recovered by the Town in
a civil action or special proceeding. Each day such violation continues
shall constitute a separate violation of this article. The Town may
also maintain an action or special proceeding for an injunction or
other equitable relief to compel compliance with, or to restrain the
violation of, this article. The use of any remedy shall not prevent
the use of any other remedy hereafter.
