[HISTORY: Adopted by the Board of Trustees of the Village of South Glens Falls 6-6-2001 by L.L. No. 1-2001. Amendments noted where applicable.]
It is recognized that there are some uses which, because of their very nature, have serious objectional operational characteristics under certain circumstances which produce a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The Board of Trustees of the Village of South Glens Falls finds it in the public interest to enact regulations pertaining thereto. The purpose of such regulations is to prevent or lessen the secondary effects of adult entertainment uses and not to in any manner inhibit constitutionally protected freedom of speech or freedom of expression.
The unrestrained proliferation and inappropriate location of businesses with adult entertainment uses as their primary purpose is inconsistent with existing development and future plans for the Village of South Glens Falls in that such businesses often result in influences on the community which increase the crime rate and undermine the economic and social welfare of a community. Deleterious effects of adult entertainment businesses change the economic and social character of an existing community and adversely affect existing businesses, community and family life.
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT ENTERTAINMENT CABARET
- A public or private establishment which regularly presents topless and/or bottomless dancers, strippers, waiters or waitresses, male or female impersonators, lingerie models, exotic or other similar entertainment or films, motion pictures, videos, slides or other photographic material or which utilizes employees that, as part of their employment, regularly expose patrons to specified sexual activities or specified anatomical areas.
- ADULT ENTERTAINMENT USE
- Any business in which a significant portion of its inventory and trade includes books, magazines, periodicals or other printed matter or photographs, films, videos, slides or other visual presentations which are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas, or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, which are offered for sale, rental or viewing, on or off the premises.
- ADULT MODEL STUDIO
- Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
- ADULT MOTION-PICTURE THEATER
- Any motion-picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproduction are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
- ADULT THEATER
- A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
- MASSAGE ESTABLISHMENT
- Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths or steam baths. This definition shall not be construed to prohibit activities in a hospital, nursing home or medical clinic or the office of a licensed physician, surgeon, chiropractor, osteopath, duly licensed physical therapist or duly licensed massage therapist or barbershop or beauty salon, athletic club, health club, school or similar activity where massage or similar manipulation of the human body is offered as an incidental accessory service.
- PEEP SHOWS
- A theater which presents materials distinguished or characterized by primary emphasis on matters depicting, describing or relating to specified sexual activities or specified sexual anatomical areas in the form of live shows, films or videotapes, viewed from an individual enclosure for which a fee is charged.
Specified sexual activities are:
Specified anatomical areas are:
Adult entertainment uses are an allowable use in the northern area of the Industrial Zoning District (M-1) as shown on the Zoning Map of the Village of South Glens Falls adopted October 28, 1992, but are otherwise prohibited within:
Five hundred feet of any zoning district which is zoned to allow residential use.
Five hundred feet of any single-family, two-family or multiple-family dwelling, including structures devoted to both residential and commercial business purposes.
Five hundred feet of any public or private school.
Five hundred feet of any church or other religious facility or institution.
Five hundred feet of any public park, public bike path, playground or playing field, cemetery or civic or recreational facility.
No adult entertainment use shall be allowed within 500 feet of another existing adult entertainment use.
No more than one adult entertainment use shall be located on any taxable parcel lot.
The distances provided hereinabove shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult entertainment use is to be located to the nearest point of the parcel of property or land use district boundary line from which the adult entertainment use must be separated.
No adult entertainment use shall be conducted in any manner that allows the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not containing an adult entertainment use. This provision shall apply to any display, decoration, sign, show, window or other visual access.
There shall be no outdoor sign, display or advertising of any kind other than one identification sign limited only to the name of the establishment.
Any proposed adult entertainment use shall first be required to obtain site plan approval from the Planning Board in accordance with Chapter 153, Zoning, of the Code of the Village of South Glens Falls before commencing any adult entertainment use.
Any adult entertainment use shall meet all other regulations of the Village of South Glens Falls.
It shall be unlawful to operate an adult entertainment use between the hours of 12:00 midnight and 8:00 a.m.
Should any section or provision of this chapter be declared to be unconstitutional, unenforceable or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the balance or remaining portions of this chapter.
This chapter shall take effect immediately upon filing with the New York State Secretary of State.