As used in this article, the following adult uses are defined
as follows:
ADULT
An individual 18 years of age or older.
ADULT BOOKSTORE
A person, establishment or business, whether retail or wholesale,
having as more than a minimal portion of its stock-in-trade recordings,
books, magazines, periodicals, films, videotapes/cassettes, DVDs or
other audio or viewing materials for sale or viewing on or off the
premises, which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to sexual activities or
sexual anatomical areas. For purposes of this definition, "minimal
portion" means more than 10% of the total area devoted to display
of such materials listed herein.
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless
dancers, bottomless dancers, strippers, male or female impersonators
or exotic dancers or other similar entertainment.
ADULT ENTERTAINMENT USE
Any activity covered by the definitions of "adult bookstore,"
"adult motion-picture theater," "adult entertainment cabaret," "adult
motel," "adult novelty business," "adult-oriented business," "adult
personal service establishment," "adult video store," "peep show"
and "adult personal service establishment" in this section.
ADULT MATERIAL
Any book, magazine, newspaper, pamphlet, poster, print, picture,
slide, transparency, figure, image, description, motion-picture film,
phonographic record or tape, other tangible thing, or any service,
capable of arousing interest through sight, sound, or touch, and:
A.
Which material is distinguished or characterized by an emphasis
on matter displaying, describing, or representing sexual activity,
masturbation, sexual excitement, nudity, bestiality, or human bodily
functions of elimination; or
B.
Which service is distinguished or characterized by an emphasis
on sexual activity, masturbation, sexual excitement, nudity, bestiality,
or human bodily functions of elimination.
ADULT MOTEL
A motel which makes available to its patrons in their rooms
films, slide shows or videotapes/cassettes or DVDs, with material
distinguished or characterized by primary emphasis on matter depicting,
describing or relating to sexual activities of sexual anatomical areas
for observation by patrons.
ADULT MOTION-PICTURE THEATER
An enclosed or unenclosed building, structure, or portion
thereof used for presenting materials distinguished or characterized
by primary emphasis on matter depicting, describing, or relating to
sexual activities or sexual anatomical areas for observation by patrons.
ADULT NOVELTY BUSINESS
An establishment having 10% or more of its total area devoted
to display of adult materials, toys and other devices designed for
sexual stimulation or wearing apparel that exposes specific anatomical
areas when worn that would otherwise be covered by such articles of
clothing.
ADULT-ORIENTED BUSINESS
An establishment in which 10% or more of its total area is
devoted to the display of adult books, adult videos or DVDs, adult
novelties, adult magazines, which can be characterized as adult materials
because they emphasize matters depicting sexual activities or sexual
parts of the male or female anatomy or facsimiles of the same, and
are intended for adult viewing.
ADULT PERSONAL SERVICE ESTABLISHMENT
An establishment, club, or business by whatever name designated,
including but not limited to massage parlors, which offers or advertises
or is equipped or arranged so as to allow a person to provide personal
services for a person of the same or other sex, where either person
is nude or partially nude, on an individual basis in an open or closed
room and which excludes minors by virtue of age. Such services or
activities include but are not limited to massages, body rubs, alcohol
rubs, baths and other similar treatments, as well as modeling studios,
body painting studios, wrestling studios, and individual theatrical
performances. It does not include the following specific uses and
activities, performed by persons pursuant to, and in accordance with,
licenses issued to such persons by the State of New York:
A.
Treatment by a licensed chiropractor, a licensed osteopath,
a New York State licensed masseur or masseuse, a licensed practical
nurse or a registered professional nurse.
B.
Electrolysis treatment by a licensed operator of electrolysis
equipment.
C.
Hospitals, nursing homes, medical clinics or medical offices.
D.
Barbershops or beauty parlors which offer massage to the scalp,
the face, the neck or shoulders only.
ADULT VIDEO STORE
An establishment having 10% or more of its stock-in-trade
in videotapes, DVDs or films for barter, sale or rent or for viewing
on premises by use of motion-picture devices or any other coin-operated
means, and other printed materials and other periodicals which are
distinguished or characterized by their emphasis on matters depicting
or relating to specified sexual activities or specific anatomical
areas, as defined below.
BOTTOMLESS
Less than full opaque covering of male or female genitals,
pubic area or buttocks.
BUSINESS
Any person, firm, association, partnership, corporation,
or other entity for profit.
ENTERTAINER
Any person who engages in the performance of adult entertainment
within an adult-oriented business establishment, as defined in this
section, whether or not a fee is charged or accepted for such entertainment
and whether or not such person is an employee or an independent contractor.
MASSAGE
A method of treating the external parts of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
NUDE (NUDITY)
The showing, representation, or depiction of human male or
female genitals, pubic area, or buttocks with less than full, opaque
covering of any portion thereof, or female breast(s) with less than
a full, opaque covering of any portion thereof below the top of the
nipple, or of covered male genitals in a discernibly turgid state.
PEEP SHOWS
Any establishment that presents material in the form of live
shows, films, videotapes/cassettes or DVDs, which material is distinguished
or characterized by an emphasis on matters depicting, describing or
relating to sexual activities or specified anatomical areas and that
are viewed from an individual machine or enclosure for which a fee
is charged.
PLACE OF WORSHIP
A building, structure or open area intended primarily for
the conduct of organized or regularly scheduled religious services.
SEXUAL ACTIVITIES
Vaginal intercourse between a male and a female, and anal
intercourse (Penetration, however slight, is sufficient to complete
vaginal or anal intercourse.), fellatio, and cunnilingus between persons
regardless of sex and any act of masturbation, sadomasochism or physical
contact with a person's clothed or unclothed genitals, pubic area,
buttocks or, if such person be female, breast.
SEXUAL CONTACT
Any touching of an erogenous zone of another, including without
limitation the thigh, genitals, buttock, pubic region, or, if the
person is a female, a breast, for the purpose of sexually arousing
or gratifying either person.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
TOPLESS
The showing of a female breast with less than a full opaque
covering of any portion thereof below the top of the nipple.