Definitions. As used in this section, the following adult uses are
defined as follows:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides and videotapes, computer software and sexual paraphernalia
and which establishment is customarily not open to the public generally
but excludes any minor by reason of age.
ADULT DRIVE-IN THEATER
A drive-in theater that customarily presents motion pictures
that are not open to the public generally but excludes any minor by
reason of age.
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents nude or
partially nude dancers, strippers, male or female impersonators or
exotic dancers or other similar entertainment, and which establishment
is customarily not open to the public generally but excludes any minor
by reason of age.
ADULT MOTEL
A motel which is not open to the public generally but excludes
minors by reason of age, or which make available to its patrons in
their rooms films, slide shows or videotapes, which if presented in
a public movie theater would not be open to the public generally but
would exclude any minor by reason of age.
ADULT NOVELTY STORE
An establishment having as a substantial or significant portion
of its stock-in-trade adult novelties or materials as such are defined
in § 235.00, Subdivision 2, of the Penal Law of the State
of New York, and which establishment is customarily not open to the
public generally but exclude any minor by reason of age.
ADULT THEATER
A theater that customarily presents motion pictures, films,
videotapes or slide shows that are not open to the public generally
but exclude any minor by reason of age.
BODY PIERCING SALON
An establishment which performs piercing activities upon
body parts and which establishment is customarily not open to the
public generally but excludes any minor by reason of age.
DANCE HALL
Any room, place or space in which dancing is carried on and
to which the public may gain admission either with or without the
payment of a fee.
HEAD SHOP
An establishment having as a substantial or significant portion
of its stock-in-trade drug paraphernalia or accoutrements and which
establishment is customarily not open to the public generally but
excludes any minor by reason of age.
HOOKAH BAR
Any facility or location whose business operation, whether
as its primary use or as an ancillary use, includes the smoking of
tobacco or other substances through one or more hookah pipes (also
commonly referred to as a "hookah," "waterpipe," "shisha" or "narghile"),
including, but not limited to, establishments known variously as "hookah
bars," "hookah lounges" or "hookah cafes."
MARIJUANA RETAIL STORE
A building, structure or premises engaged in the sale, use
or distribution of marijuana and/or marijuana products for nonmedical
use. A building, structure or premises shall be considered a marijuana
retail store regardless of whether products in addition to marijuana
products are offered for sale, use or distribution at the building,
structure or premises and regardless of the amount of marijuana or
marijuana products available for sale, use or distribution at the
building, structure or premises in comparison to other products offered
for sale, use or distribution at the building, structure or premises.
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 and 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 or duly
licensed physical therapist or barbershops or beauty salons in which
massages are administered only to the scalp, face, neck, feet, hands
or shoulders. This definition also shall exclude health clubs which
have facilities for physical exercise, such as tennis courts, racquetball
courts or exercise rooms, and which do not receive their primary source
of revenue through the administration of massages.
MEDICAL MARIJUANA DISPENSARY
A building, structure or premises authorized by the New York
State Department of Health to dispense or distribute medical marijuana
in accordance with Article 33 of the Public Health Law and Part 1004
of Title 10 of the New York Codes, Rules and Regulations.
PEEP SHOWS
A theater which presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure, for which
a fee is charged and which is not open to the public generally but
excludes any minor by reason of age.
TATTOO PARLOR
An establishment which performs tattoo activities and which
is not open to the public generally but excludes minors by reason
of age.
VAPE SHOP
Any facility or location whose business operation, whether
as its primary use or as an ancillary use, includes the smoking or
selling of electronic cigarettes, vapors, e-liquids, otherwise legal
marijuana derivatives, or other substances that are smoked through
an electronic cigarette or any similar product.