The following definitions shall apply:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
ADULT BOOKSTORE OR ADULT VIDEO STORE
(1)
A commercial establishment that has as its principal
business purpose and offers for sale or rental for any form of consideration
any one or more of the following:
(a)
Books, magazines, periodicals or other printed
material or photographs, films, motion picture, video cassettes or
video reproductions, slides or other visual representations which
depict or describe specified sexual activities or specified anatomical
areas; or
(b)
Instruments, devices or paraphernalia that are
designed for use in connection with specified sexual activities.
(2)
A commercial establishment may have other principal
business purposes that do not involve the offering for sale or rental
of material depicting or describing specific sexual activities or
specified anatomical areas and still be categorized as adult bookstore
or adult video store so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified
materials which depict or describe specified sexual activities or
specified anatomical areas. For purposes of this definition, "principal
business purpose" shall mean 20% or more of any of the following:
(a)
The number of different titles or kinds of such
merchandise;
(b)
The number of copies or pieces of such merchandise;
(c)
The amount of floor space devoted to the sale
and/or display of such merchandise; or
(d)
The amount of advertising which is devoted to
such merchandise, either in print or broadcast media.
ADULT CABARET
A nightclub, bar, juice bar, restaurant or similar commercial
establishment that regularly features:
(1)
Persons who appear in a state of semi-nudity;
(2)
Live performances that are characterized by
the exposure of specified anatomical areas or by specified sexual
activities;
(3)
Films, motion pictures, video cassettes, slides
or other photographic reproductions that are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas; or
(4)
Persons who engage in lewd, lascivious or erotic
dancing or performances that are intended for the sexual interest
or titillation of an audience or customers.
ADULT MOTEL
A hotel, motel or similar commercial establishment that:
(1)
Offers accommodation to the public for any form
of consideration and provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides or
other photographic reproductions that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas and has a sign visible from the public right-of-way that advertises
that availability of this adult type or photographic reproductions;
(2)
Offers on a regular basis a sleeping room for
rent for a period of time that is less than eight hours; or
(3)
Allows a tenant or occupant of a sleeping room
to sub-rent the room for a period of time that is less than eight
hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment that regularly features persons who appear in a state
of nudity or live performances that are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
(1)
The opening or commencement of any sexually
oriented business as a new business.
(2)
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business.
(3)
The additions or any sexually oriented business
to any other existing sexually oriented business.
(4)
The relocation of any sexually oriented business.
LICENSED DAY-CARE CENTER
A facility licensed by the State of New York, whether situated
within the Town of Hurley or not, that provides care, training, education,
custody, treatment or supervision for more that 12 children under
14 years of age, where such children are not related by blood, marriage
or adoption to the owner or operator of the facility, for less than
24 hours a day, regardless of whether or not the facility is operated
for a profit or charges for the services it offers.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
NUDITY OR A STATE OF NUDITY
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breast without a fully opaque complete covering
of the breast below a point immediately above the top of the areola,
or human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
PERMITTEE AND/OR LICENSEE
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the
human bare buttock, anus, male genitals, female genitals or female
breast without a fully opaque complete covering of the breast below
a point immediately above the top of the areola, or human male genitals
in a discernibly turgid state, even if completely and opaquely covered.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
(1)
Physical contact in the form of wrestling or
tumbling between persons of the opposite sex; or
(2)
Activities between male and female persons and/or
persons of the same sex when one or more of the persons is in a state
of nudity or seminude.
SEXUALLY ORIENTED BUSINESS
Adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
The genitals in a state of sexual arousal and/or the vulva
or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
(1)
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts.
(2)
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy.
(3)
Masturbation, actual or simulated.
(4)
Excretory functions as part of or in connection with any of the activities set forth in Subsections
(1) through
(3) above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
(1)
The sale, lease or sublease of the business.
(2)
The transfer of securities that form a controlling
interest in the business, whether by sale, exchange or similar means.
(3)
The establishment of a trust, gift or other
similar legal device that 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.
ZONING ENFORCEMENT OFFICER
The duly appointed Zoning Enforcement Officer and such employee(s)
of his or her department as he or she may designate to perform the
duties of the Zoning Enforcement Officer under this chapter.
[Amended 11-22-2022 by L.L. No. 7-2022]