Considering the nature of adult bookstores and
adult motion-picture theaters and the tendency of such to have a deleterious
effect, thereby requiring the regulation of the location of such establishments,
it is hereby declared to be the policy of the Village of Monroe with
regard to such establishments as set forth in this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having, as a substantial or significant
portion of its stock-in-trade, books, magazines, other periodicals,
films and other viewing materials which are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
specified sexual activities, sexual conduct or specified anatomical
areas or an establishment in which a segment or section of the premises
is devoted to the sale, rental or display of such material.
ADULT MOTION-PICTURE THEATER
An enclosed building used for presenting material distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities, sexual conduct or specified
anatomical areas for observation by patrons therein.
MOTION PICTURE
Film or films, continuous slides or pictures of any nature
in which any person is shown, depicted or revealed in any act of sexual
conduct or sadomasochistic abuse.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a human being who is nude
or clad in undergarments or in revealing or bizarre costumes or the
condition of one who is nude or so clothed and is being fettered,
bound or otherwise physically restrained.
SEXUAL CONDUCT
Human masturbation, sexual intercourse or any touching of
the genitals, pubic area or buttocks of the human male or female or
the breasts of the female, whether alone or between members of the
same or opposite sex or between humans and animals, in an act of apparent
sexual stimulation or gratification.
SPECIFIED ANATOMICAL AREA
A.
Less than completely and opaquely covered human
genitals, pubic regions, buttocks or female breasts below a point
immediately above the top of the areola; or
B.
Human genitals in a discernibly turgid state,
even if covered.
SPECIFIED SEXUAL ACTIVITY
A.
Human genitals in a state of sexual stimulation
or arousal;
B.
Any act of human masturbation, sexual intercourse
or sodomy; or
C.
Fondling or other erotic touching of human genitals,
pubic regions, buttocks or female breasts.
Adult bookstores and adult motion-picture theaters
and live adult entertainment are hereby deemed to be regulated uses,
subject to approval by the Planning Board.
Any regulated use may be located within a GB
Zone but not within 1,000 feet of any other like regulated use nor
within 1,000 feet of any church or any school; and no alteration,
addition, improvement or like construction in connection with any
regulated use shall be permitted if such alteration, addition, improvement
or like construction shall be within 1,000 feet of any like regulated
use or 1,000 feet of any residentially zoned area or any church or
any school.
Any person, firm or corporation or other party
violating any of the provisions of this chapter shall, upon conviction
thereof, be subject to a fine not exceeding $1,000 or imprisonment
in the county jail for a term not exceeding 90 days, or both. Each
and every violation of and nonconformance with this chapter or each
day that any provision of this chapter shall have been violated shall
be construed as a separate and distinct violation thereof.