As used in this chapter, the following terms shall have the meanings
indicated:
ADULT ARCADE
A business enterprise which offers or maintains one or more adult
video viewing booths.
ADULT CABARET
A business enterprise which regularly features or offers, to the
public, customers or members, performances by persons who appear nude or seminude
or live performances that are characterized by their emphasis on the exposure,
depiction or description of specified anatomical areas or the conduct or simulation
of specified sexual activities.
ADULT HOTEL or ADULT MOTEL
A hotel, motel or similar business enterprise which offers a sleeping
room for rent for a period of time that is less than 10 hours or allows a
tenant or occupant of a sleeping room to subrent the room for a period of
time that is less than 10 hours.
ADULT MOVIE THEATER
A business enterprise which regularly features or offers to the public
the presentation of motion-picture films, movies or sound recordings which
are characterized by their emphasis on the description or depiction of specified
anatomical areas or specified sexual activities and which are presented to
a common audience of more than five persons in an enclosed common area or
are presented in a common area of more than 150 square feet.
ADULT RETAIL STORE
A business enterprise which meets any of the following tests:
A.
Offers for sale or rental items from any two of the following categories:
(1)
Sexually oriented materials;
(3)
Leather goods which are marketed or presented in a context to suggest
their use in connection with specified sexual activities.
B.
Offers for sale sexually oriented toys and novelties, except a business
enterprise which devotes less than 10% of its stock-in-trade and sales and
display area to sexually oriented materials, with all sexually oriented toys
and novelties separated from other sales and display areas by an opaque wall
at least eight feet in height with a management-controlled system of access
to ensure that only persons over the age of 18 years are allowed to enter
the area.
C.
Devotes more than 10% of its stock-in-trade or sales and display area
to sexually oriented materials without having all sexually oriented materials
separated from other sales and display areas by an opaque wall at least eight
feet in height with a management-controlled system of access to ensure that
only persons over the age of 18 years are allowed to enter the area.
D.
Devotes more than 40% of its stock-in-trade or sales and display area
to sexually oriented materials.
E.
Offers sexually oriented materials and advertises or holds itself out
in signage visible from the public right of way as "X," "adult," "sex" or
otherwise as a sexually oriented business.
ADULT RETAIL STORE, LIMITED
A business enterprise which offers for sale or rental sexually oriented
materials, and which devotes at least 10% and not more than 40% of its stock-in-trade
or sales and display area to sexually oriented materials, provided that:
A.
The following items are not also offered for sale:
(2)
Leather goods which are marketed or presented in a context to suggest
their use in connection with specified sexual activities.
B.
All sexually oriented materials are separated from other sales and display
areas by an opaque wall at least eight feet in height with a management-controlled
system of access to ensure that only persons over the age of 18 years are
allowed to enter the area; and
C.
The business enterprise does not advertise or hold itself out in signage
visible from the public right-of-way as "X," "adult," "sex" or otherwise as
a sexually oriented business.
ADULT VIDEO VIEWING BOOTH
Coin- or slug-operated, or electronically or mechanically controlled,
still- or motion-picture machines, projectors or other image-producing devices
which present visual or audio material of any kind which is characterized
by its emphasis on the description or depiction of specified anatomical areas
or specified sexual activities and which are designed to be viewed by five
or fewer persons per machine at any one time or are located in a room or booth
of less than 150 square feet. No part of this definition shall be construed
to permit more than one person to occupy an adult video viewing booth at any
time.
BODY RUB PARLOR
A business enterprise where body rub services are provided in order
to induce relaxation or for other purposes, and which is not a massage establishment.
BUSINESS ENTERPRISE
Any business or place where, for consideration, goods, merchandise,
services or entertainment are offered.
CONSIDERATION
The payment of money or the exchange of any item or services of value
for:
A.
The right to enter the business premises, or any portion thereof;
B.
The right to remain on the business premises, or any portion thereof;
C.
The right to purchase any item permitting the right to enter, or remain
on, the business premises, or any portion thereof.
D.
The right to a membership permitting the right to enter, or remain on,
the business premises, or any portion thereof; or
E.
The right to obtain any services, buy or rent any items or view any
entertainment in a sexually oriented business.
CUSTOMER
Any person present in a sexually oriented business when open for
business, except an employee of the business or a person making deliveries
or performing maintenance or repairs to the premises.
EMPLOYEE
Any person who works or performs in or at, or renders any services
directly related to the operation of, a sexually oriented business, whether
such person is denominated an employee, independent contractor, agent or otherwise,
and whether or not said person is paid a salary, wage or other compensation
by the operator of the business.
LICENSEE -- A person in whose name a license to operate a sexually
oriented business has been issued, as well as individuals listed as applicants
on the application for a license; and in the case of a manager or employee,
a person in whose name a sexually oriented business manager license or a sexually
oriented business employee license has been issued authorizing such employment.
MANAGER
Any person who manages, directs, administers or is in charge of the
affairs or conduct of any activity occurring at a sexually oriented business,
either in conjunction with a licensee or in the absence of the licensee.
MASSAGE ESTABLISHMENT
A business enterprise offering massage conducted by persons engaged
in the practice of medicine, nursing, osteopathy, physiotherapy, chiropractic,
podiatry or massage therapy for which they are licensed by the State of New
York, or persons under the direct supervision and control of such licensed
persons.
NUDE
The showing of the human male or female genitals, pubic area, vulva,
anus, anal cleft or cleavage with less than a fully opaque covering, or the
showing of the covered male genitals in a discernibly turgid state.
OPERATOR
A licensee or any person operating, conducting or maintaining a sexually
oriented business.
PERSON
An individual, proprietorship, partnership, corporation, association
or other legal entity.
PREMISES
The building in which a sexually oriented business is conducted as well as its surrounding yard and parking area and any additional parking areas required for compliance with Chapter
300, Zoning.
SEMINUDE
The showing of the female breast with less than a full opaque covering
of any portion thereof below the top of the areola, or the showing of the
male or female buttocks. This definition shall include the entire lower portion
of the human female breast, but shall not include any portion of the cleavage
of the human female breast, exhibited by a dress, blouse, skirt, leotard,
bathing suit or other wearing apparel, provided that the areola is not exposed
in whole or in part.
SEXUAL ENCOUNTER CENTER
A business enterprise in which a person may view, or may participate
in, specified sexual activities.
SEXUALLY ORIENTED BOOKS AND VIDEOS
Books, magazines, pamphlets, pictures, drawings, photographs, videotapes,
digital video disks, motion-picture films or sound recordings, or printed,
visual and audio material of any kind, which are characterized by their emphasis
on the description or depiction of specified anatomical areas or specified
sexual activities.
SEXUALLY ORIENTED BUSINESS
An adult retail store, adult arcade, adult cabaret or adult movie theater and, except for purposes of business and manager licensing, a limited adult retail store. For purposes of the definitions of "employee" and "manager" and the regulations found in §§
233-22 and
233-23, a sexually oriented business shall also include any business enterprise where activities prohibited in §§
233-22 and
233-23, are occurring, or a business enterprise which offers at any time to the public, customers or members performances by persons who appear nude or seminude or live performances that are characterized by their emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities, whether such business is licensed or unlicensed and whether such activities occur regularly or on one occasion only.
SEXUALLY ORIENTED TOYS AND NOVELTIES
Instruments, devices or paraphernalia either designed as representations
of human genital organs or female breasts, or designed or marketed primarily
for use to stimulate human genital organs, except medical devices approved
by the Food and Drug Administration.
SPECIFIED ANATOMICAL AREAS
Any showing of the human male or female genitals, pubic area or buttocks
with less than a full opaque covering, or the showing of the female breast
with less than a full opaque covering of any portion thereof below the top
of the nipple, or the depiction of covered male genitals in a discernibly
turgid state.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses, as defined in the New York State Penal
Law, or any similar offenses under the criminal or penal code of other states
or countries: prostitution offenses; obscenity and related offenses; sexual
performance by a child; possession or distribution of child pornography; offenses
against public sensibilities; sex offenses; unlawfully dealing with a child;
for which less than two years have elapsed since the date of conviction or
the date of release from confinement imposed for the conviction, whichever
is the later date, if the conviction is of a misdemeanor offense; a felony
conviction; or less than five years have elapsed since the date of the last
conviction or the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two or more misdemeanor
offenses or combination of misdemeanor offenses occurring within any two-year
period. The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES
Acts of masturbation, sexual intercourse, oral or anal copulation;
fondling of another's genitals, pubic area, buttocks or female breasts,
whether clothed or unclothed; human male or female genitals when in a state
of sexual stimulation or arousal; or excretory functions or sexual acts with
animals.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A.
The sale, lease, or sublease of the business.
B.
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange or similar means.
C.
The establishment of a trust, gift or other similar legal device which
transfers the ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of the person possessing
the ownership or control.
A licensee holding a sexually oriented business license shall not also
be required to obtain an entertainment center license or a dance license for
the same premises, but shall obtain any necessary amusement center and amusement
game licenses.
The Chief of Police shall be the issuing authority for a sexually oriented
business license, a sexually oriented business manager license and a sexually
oriented business employee license.
An applicant, licensee or manager shall permit representatives of the
Police Department, Fire Department, and Code Enforcement Office to inspect
the premises of a sexually oriented business for the purpose of ensuring compliance
with this chapter and applicable fire, building, zoning, property conservation,
health and safety codes, prior to its initial opening for business and at
any time it is occupied or open for business.
If the investigation reveals cause to believe that a license or renewal
of a license may be denied in accordance with this chapter, the Chief of Police
shall, within 30 days after a completed application is filed, inform the applicant
in writing, sent by first-class mail to the address provided by the applicant
in the application, of the possible reasons for the denial, and provide the
applicant with 10 days within which to review evidence, respond in writing
and provide documentary evidence to the contrary. The Chief of Police may
extend the time limit for response upon request of the applicant and for good
cause. If no response is made in a timely fashion, the Chief of Police shall
make a final determination within five days after the expiration of the time
to reply. If response is made in a timely fashion, the Chief of Police shall
make a final determination within five days after the response is received.
The final determination shall be in writing and provide specific reasons for
the denial. The status quo shall be maintained until the final determination
is made.
Determinations resulting from a person's background, or activities
at a sexually oriented business, with respect to the denial, suspension or
revocation of a license, which incidentally burden free expression, shall
be no broader than needed to achieve Village goals. The Chief of Police is
authorized to issue warning notices and/or grant conditional licenses as a
means of allowing expression while curbing unwanted activities where violations
are found but denial, suspension or revocation is deemed not justified.
All notices required to be sent by the Village shall be in writing,
sent by first-class mail to the address provided by the applicant in the application.
Upon denial of an application, or denial of a renewal of a license,
or suspension or revocation of any license, the applicant or licensee may
seek prompt judicial review of such administrative action pursuant to Article
78 of the Civil Practice Law and Rules. The denial of a renewal of a license,
or suspension or revocation of any license, shall be stayed for a period of
20 days and, if a proceeding is brought to challenge the administrative action,
throughout the pendency of the proceeding in the trial court. The administrative
action shall be promptly reviewed by the court.
A licensee shall not transfer his/her license to another, nor shall
a licensee operate a sexually oriented business under the authority of a license
at any place other than the address designated in the application.
No person shall own, operate or maintain a sexual encounter center in
the Village.
No person shall own, operate or maintain an adult hotel or adult motel
in the Village.
The provisions of this chapter shall be controlling in the event of
any conflict between the provisions of this chapter and any other provisions
of the Municipal Code.
A person, firm or corporation violating any of the provisions of this
chapter shall be guilty of a violation punishable by a fine not exceeding
$200 or by imprisonment for a term not exceeding 15 days, or both such fine
and imprisonment. Each day the offense is continued shall constitute a separate
and distinct violation hereunder.