[HISTORY: Adopted by the Town Board of the Town of Catskill as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 160.
[Adopted 5-16-2001 by L.L.
No. 2-2001]
A.
It is recommended that there are some uses, which, because
of their very nature, have serious objectionable 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 Town Board of the Town of Catskill finds it in the public
interest to enact these regulations. The purpose of these regulations is to
prevent or lessen the secondary effects of adult entertainment uses, and not
to inhibit freedom of speech.
B.
The unrestrained proliferation and inappropriate location
of such businesses is inconsistent with existing development and future plans
for the Town of Catskill in that they often result in influences on the community
which increase the crime rate and undermine the economic and social welfare
of the community. The deleterious effects of these businesses change the economic
and social character of the existing community and adversely affect existing
businesses and community and family life.
As used in this article, the following terms shall have the meanings
indicated:
ADULT BOOK AND/OR VIDEO STOREAn establishment having as a substantial or significant portion (more than 25% of merchandise in number, value or bulk and/or more than 10% of floor area) of its stock-in-trade books, magazines, periodicals or other printed or digital matter or photographs, films, videos, digitalized CDs, slides or other visual representations, 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 for sale, rental or viewing on or off the premises.
ADULT ENTERTAINMENT CABARETA public or private establishment which regularly presents topless and/or bottomless dancers, strippers, waiters or waitresses, male or female impersonators, lingerie models or exotic dancers, or other similar entertainment or films, motion pictures, digitalized CDs or videos, slides or other photographic or digital material, or which utilizes employees, who, as part of their employment, regularly expose patrons to specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert half, 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.
ADULT MOTION-PICTURE THEATERAny motion-picture theater where, for any form of consideration, films, motion pictures, digitalized CDs or videocassettes, slides or other photographic or digital reproductions 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.
MASSAGE ESTABLISHMENTAny 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 include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist or duly licensed massage therapist or barbershop or beauty salon, athletic club, health club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
ADULT MODEL STUDIOAny place where a person who appears in a state of nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.
PEEP SHOWSA 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.
Adult entertainment uses shall be permitted only in Industrial Zoning
Districts on parcels with direct frontage on U.S. Route 9W subject to the
following restrictions:
A.
Adult entertainment uses are prohibited within:
(1)
One thousand two hundred feet of any zoning district
which is zoned to allow residential use.
(2)
One thousand two hundred feet of any single-family, two-family
or multiple-family dwelling including structures devoted to both residential
and commercial or business purposes.
(3)
One thousand four hundred feet of any public or private
school.
(4)
One thousand four hundred feet of any church or other
religious facility or institution.
(5)
Five hundred feet of any public park, public bike path,
playground or playing field, cemetery, civic or recreational facility.
B.
No adult entertainment use shall be allowed within 500
feet of another existing adult entertainment use.
C.
No more than one adult entertainment use shall be located
on any lot.
D.
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 the
land use district boundary line from which the adult entertainment use is
to be separated.
A.
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 opening.
B.
There shall be no outdoor sign, display or advertising
of any kind other than one identification sign limited to only the name of
the establishment.
D.
Adult entertainment uses shall meet all other regulations
of the Town of Catskill, including but not limited to district lot and bulk
regulations, parking regulations and signage.
E.
It shall be unlawful to operate an adult entertainment
use between the hours of 12:00 a.m. and 8:00 a.m.
A.
Enforcement. This article shall be enforced by the Zoning Enforcement Officer or, if none, the Code Enforcement Officer of the Town of Catskill, as per § 160-21A and B of this Code, and said § 160-21A and B are deemed wholly incorporated herein by reference and shall apply to all matters in this Chapter 75, Article I.
Should any section or provision of this article be declared to be unconstitutional
or invalid by the courts, such decision shall not affect the validity of the
balance of this article.
[Adopted 5-16-2001 by L.L.
No. 3-2001]
This article shall be known and may be cited as the "Sexually Oriented
Business Licensing Law of the Town of Catskill."
The purpose of this article is to regulate the location and operation
of sexually oriented businesses within the Town of Catskill. The restrictions,
regulations and provisions contained in this article are enacted by the Town
Board for the protection, health, welfare and safety of the people of the
Town of Catskill.
As used in this article, the following terms shall have the following
meanings:
Ethyl alcohol or hydrated oxide of ethyl from whatever source or
by whatever process produced.
An establishment having a substantial or significant portion (more
than 25% of merchandise in number, value or bulk and/or more than 10% of floor
area) of its stock-in-trade books, magazines, periodicals or other printed
or digital matter or photographs, films, videos, slides or other visual representations,
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 for sale, rental or viewing on or off the premises.
A public or private establishment which regularly presents topless
and/or bottomless dancers, strippers, waiters or waitresses, male or female
impersonators, lingerie models or exotic dancers, or other similar entertainment
or films, motion pictures, digitalized CDs or videos, slides or other photographic
material, or which utilizes employees, who, as part of their employment, regularly
expose patrons to specified sexual activities or specified anatomical areas.
Any place where a person who appears in a state of nudity or who
displays specified anatomical areas is provided to be observed, sketched,
drawn, painted, sculpted, photographed or similarly depicted by other persons
who pay money or any form of consideration.
Any motion-picture theater where, for any form of consideration,
films, motion pictures, digital CDs or videocassettes, slides or other photographic
or digital reproductions 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.
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.
Includes alcohol, spirits, liquor, wine, beer, cider and every liquid
or solid, containing alcohol, spirits, wine or beer and capable of being consumed
by a human being.
The person applying for a license to conduct a sexually oriented
business.
The application for a license to operate a sexually oriented business.
The licensed premises and also any part of a building in which such
premises is contained and any part of any other building connected with such
building by direct access or by a common entrance.
A license issued pursuant to this article.
Any person to whom a license is issued pursuant to this article.
An 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 include a
hospital, nursing home or medical clinic or the office of a physician, surgeon,
chiropractor, osteopath, duly licensed physical therapist or duly licensed
massage therapist or barbershop or beauty salon, athletic club, health club,
school, spa or similar establishment where massage or similar manipulation
of the human body is offered as an incidental accessory service.
The person responsible for the overall operation and supervision
of a sexually oriented business.
The person who owns a sexually oriented business.
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.
An individual, partnership, corporation or any other legal entity.
The premises licensed pursuant to this article and on which a sexually
oriented business may be operated.
Any commercial activity which sells, rents, shows, exhibits, or makes
available for sale, rent, showing or exhibition, any material or entertainment
distinguished or characterized by an emphasis on depicting or description
of specified anatomical areas or of specified sexual activity and shall include,
but not be limited to adult arcades, adult markets, adult motion-picture theaters,
adult theaters and adult video rental/sale stores.
Human genitals in a state of sexual stimulation or arousal; or acts
of human masturbation, sexual intercourse, oral copulation or sodomy; or fondling
or other erotic touching of human genitals, pubic region, buttocks or breasts.
Less than completely and opaquely covered human genitals, pubic region,
buttock and female breast below a point immediately above the top of the areola;
and human male genital in a discernible turgid state even if completely and
opaquely covered.
A.
No person shall operate a sexually oriented business
within the Town of Catskill without obtaining a license therefor.
B.
The Town Board shall have the following functions, powers
and duties:
(1)
After a public hearing, to issue or refuse to issue an
initial license provided for in this article; and without a public hearing,
to issue or refuse to issue a renewal license provided for in this article.
(2)
To revoke, cancel or suspend any license provided for
in this article and/or to impose a civil penalty hereinafter described against
a licensee, for cause and after hearing. The Town Board may authorize, by
resolution, the Town Court of the Town of Catskill to conduct and adjudicate
such hearing under this article, or as a violation of the Zoning Law of the
Town of Catskill.[1]
(3)
To inspect or provide for the inspection of any premises
upon which a sexually oriented business is operated. The Town Board may delegate,
by resolution, this function/power/duty to the Code Enforcement Officer of
the Town of Catskill.
(4)
To prescribe forms of applications for initial and renewal
licenses under this article and of all reports which it deems necessary to
be made by any licensee.
A.
Any person may apply to the Town Board for a license
to operate a sexually oriented business within the Town of Catskill or for
a renewal thereof.
B.
Such license shall contain a description of the licensed
premises and in form and substance shall be a license to the person therein
specifically designated to operate a sexually oriented business on the premises
therein specifically licensed.
C.
Such license shall be valid for a period of one year
from the date it is issued.
D.
The annual license fee shall be $1,000.
E.
No license shall be granted under this article for any
premises which are located within a distance of:
(1)
One thousand two hundred feet of any zoning district
which is zoned to allow residential use.
(2)
One thousand two hundred feet of any single-family, two-family
or multiple-family dwelling, including structures devoted to both residential
and commercial or business purposes.
(3)
One thousand four hundred feet of any public or private
school.
(4)
One thousand four hundred feet of any church or other
religious facility or institution.
(5)
Five hundred feet of any public park, public bike path,
playground or playing field, cemetery, civic or recreational facility.
(6)
Five hundred feet of another existing adult entertainment
use.
F.
No license shall be granted under this article to the
following persons:
(1)
A person who is under 21 years of age.
(2)
A person who has been convicted of a felony.
(3)
A person who is not a citizen of the United States nor
an alien not lawfully admitted for permanent residence in the United States.
(4)
A partnership or corporation, unless each member of the
partnership, or each of the principal officers and directors of the corporation,
is a citizen of the United States or an alien lawfully admitted for permanent
residence in the United States, is not under 21 years of age and has not been
convicted of a felony.
(5)
A person who has been convicted of any violation of this
article or who shall have had any license issued under this article revoked
for cause, until the expiration of two years from the date of such conviction
or revocation.
(6)
A partnership or corporation, if any partner, officer
or director has been convicted of a violation of this article or shall have
had any license revoked for cause, until the expiration of two years from
the date of such conviction or revocation.
G.
No license shall be granted for any premises unless the
applicant shall be the owner thereof, or shall be in possession of said premises
under a lease, in writing, for a term not less than the license period.
A.
Such application shall be in writing and verified and
shall contain such information as the Town Board shall require and be submitted
on forms provided for that purpose by the Town Board. Such application shall
be accompanied by a certified check, bank officer's check or draft or money
order for the amount required by this article for such license and the application
filing fee. In case of applications for renewals, the Town Board may dispense
with such information as it deems unnecessary in view of the information contained
in the application made for the initial license.
B.
The application filing fee for an initial license shall
be $2,500. The application filing fee for a renewal license shall be $1,000.
C.
The application for an initial license or a renewal license
must be filed with the Town Board at a regular meeting thereof.
D.
At its regular meeting next following the meeting at
which the application for an initial license was filed, the Town Board shall
designate a date upon which it will hold a public hearing for the purpose
of hearing all interested persons. Said public hearing shall be held not more
than 45 days after the meeting of the Town Board at which the date therefor
was designated. Notice of said public hearing shall be published in the official
newspapers of the town not less than 15 days prior to the date upon which
said public hearing is noticed to be held. Not more than 60 days following
the date of said public hearing, the Town Board shall decide to grant or to
deny the application. The decision of the Town Board shall be in writing and
shall set forth the reasons for its decision and shall be filed with the Town
Clerk. The decision of the Town Board may be reviewed under Article 78 of
the Civil Practice Law and Rules, provided that the Article 78 proceeding
is commenced within 30 days of the date upon which the decision of the Town
Board is filed with the Town Clerk.
E.
At its regular meeting next following the meeting at
which the application for a renewal license was filed, the Town Board shall
decide to grant or to deny the application. The decision of the Town Board
shall be in writing and shall set forth the reasons for its decision and shall
be filed with the Town Clerk. The decision of the Town Board may be reviewed
under Article 78 of the Civil Practice Law and Rules, provided that the Article
78 proceeding is commenced within 30 days of the date upon which the decision
of the Town Board is filed with the Town Clerk.
F.
If there be any change, after the granting of any license,
in any of the facts required to be set forth in the application therefor,
a supplemental statement giving notice of such change, duly verified, shall
be filed with the Town Board within 10 days after such change. Failure to
do so shall, if willful and deliberate, be cause for revocation of the license
and the imposition of a civil penalty hereinafter described against the licensee.
In giving any notice or taking any action in reference to a licensee or licensed
premises, the Town Board may rely upon the information furnished in such application
and in any supplemental statement connected therewith, and such information
may be presumed to be correct, and shall be binding upon a licensee or licensed
premises as if correct. All information required to be furnished in such application
or supplemental statements shall be deemed material in any prosecution for
perjury.
A.
No licensee shall sell, deliver or give away or cause
or permit or procure to be sold, delivered or given away any alcohol beverage
for consumption on or off the licensed premises.
C.
No licensee shall permit or suffer any person under the
age of 21 years to enter or remain in the licensed premises.
D.
No licensee shall employ or hire or suffer or permit
any person under the age of 21 years to work in the premises.
E.
No licensee shall suffer or permit any gambling in the
licensed premises, or suffer or permit such premises to become disorderly.
F.
A license issued to any person pursuant to this article
for any licensed premises shall not be transferable to any other person or
to any other premises or to any other part of the building containing the
licensed premises. It shall be available only to the person therein specified,
and only for the premises licensed and no other.
A.
It shall be unlawful for any female person to appear,
work, entertain, act or display herself in any sexually oriented business
or any other public place in the Town of Catskill, New York, clothed or costumed
in such a manner that a portion of her breast below the top of the areola
is not covered with a fully opaque covering or in such a manner that her genitals,
pubic area or buttocks are not covered with a fully opaque covering.
B.
It shall be unlawful for any male to appear, work, entertain,
act or display himself in any sexually oriented business or any other public
place in the Town of Catskill, New York, clothed or costumed in such a manner
that his genitals, pubic area or buttocks are not covered with a fully opaque
covering.
C.
It shall be unlawful for any person to knowingly conduct, maintain, own, lease, manage, operate or furnish any sexually oriented facility or any other public place in the Town of Catskill, New York, where a female or male person is not clothed, costumed or covered as required by Subsections A and B of this section set forth immediately above.
E.
It shall be unlawful to encourage or permit any person
in or on the premises to touch, caress or fondle the breasts, buttocks or
genitals of any other person.
F.
It shall be unlawful to employ or permit any person to
wear or use any device or covering exposed to view which simulates the breasts,
buttocks or genitals of any other person.
G.
It shall be unlawful to employ or permit any person in
or on the premises to perform an act or acts or to simulate the act or acts
of:
H.
It shall be unlawful to employ or permit any person in or on the licensed premises to show motion-picture films, television-type cassettes, still pictures or other photographic or digital reproduction depicting any of the acts or any simulation of any of the acts prohibited in Subsections A through G hereof.
The licensee shall file with the Town Board a bond to the Town of Catskill
issued by a surety company, approved by the New York State Insurance Department
and authorized to transact business in New York State, in the penal sum of
$100,000, conditioned that such licensee will not suffer or permit any violation
of the provisions of this article and that all fines and penalties which shall
accrue, during the time the license shall be in effect, will be paid, together
with all costs taxed or allowed in any action or proceeding brought or instituted
for a violation of any of the provisions of this article. A suit to recover
on any bond filed pursuant to this article may be brought by the Town of Catskill
in a court of competent jurisdiction, and in the event that the obligor named
in such bond has violated any of the conditions of such bond, recovery for
the penal sum of such bond may be had in favor of the Town of Catskill.
Any license issued pursuant to this article may be revoked, cancelled
or suspended and/or a civil penalty, hereinafter described, may be imposed
against the licensee for the following causes:
In the event that a person, corporation, partnership or other entity,
regardless of whether such is a licensee or not, is found to have violated
any provision of this article, in addition to any other disposition or sanction
allowed for, and set forth in this article, a civil penalty of up to $1,000
may be imposed upon and against such person, corporation, partnership or other
entity for each violation. Each act which is found to violate any provision
of this article shall be deemed a separate violation, and each day any such
act occurs shall be deemed to be a separate violation.
