Specified sexual activities are:
A. Human genitals in a state of sexual stimulation or arousal;
or
B. Acts of human masturbation, sexual intercourse or sodomy;
or
C. Fondling or other erotic touching of human genitals,
pubic region, buttocks or breasts.
Specified anatomical areas are:
A. Less than completely and opaquely covered human genitals,
pubic region, buttocks and female breasts below a point immediately above
the top of the areola; and
B. Human male genitals in a discernibly turgid state, even
if completely and opaquely covered.
A special use permit issued pursuant to this chapter may not be transferred
to any other individual or entity. The permittee shall not be allowed to operate
the permitted business at any other location other than the address designated
in the application.
A special use permit shall be revoked, after a hearing on notice to
the permit holder, upon a finding by the Zoning Board of Appeals that any
of the following has occurred, which conduct shall also constitute a violation
of this chapter:
A. The permittee has knowingly allowed possession, use or
sale of controlled substances at the premises.
B. The permittee has knowingly allowed prostitution on the
premises.
C. The permittee provided false or misleading information
during the application process.
D. The permittee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or other sex acts to occur
in or on the premises.
E. The permittee has knowingly allowed any person under
the age of 18 years to enter, occupy or work at the sexually oriented business.
F. The permittee has violated any conditions placed on the
sexually oriented business by the Zoning Board of Appeals.
The application fee for a sexually oriented special use permit shall
be set by the Town Board at an amount determined to be sufficient to pay the
cost of administering this program, but in no event shall exceed $1,000.
An applicant or permittee shall permit authorized representatives of
the Town, including the Building Inspector/Code Enforcement Officer, to inspect
the premises for the purpose of insuring compliance with this chapter at any
time during operating hours of the business.
Any person convicted of violating this chapter shall be subject to a
fine not exceeding $2,500 for each such offense, plus costs, or imprisonment
for a period not exceeding six months, or both. Each day on which the violation(s)
continue shall be a separate offense.
Any sexually oriented business lawfully existing and operating as of
the effective date of this chapter shall be exempt from this chapter.
Should any section or provision of this chapter be deemed to be unconstitutional
or invalid by a court of law, such decision shall not affect the validity
of this chapter as a whole or any part thereof other than the part so decided
to be unconstitutional or invalid.
This chapter shall become effective upon filing with the Secretary of
State.