[HISTORY: Adopted by the Town Board of the Town of Marilla 10-8-1998
by L.L. No. 2-1998 (Ch. 78 of the 1999 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 700.
This chapter shall hereafter be known as "Local Law No. 2 of the Year
1998, entitled the Town of Marilla Adult Use Law."
A.
This chapter is adopted pursuant to the provisions of
the Municipal Home Rule Law and Article 16 of the Town Law for the purpose
of regulating adult uses in the Town of Marilla.
B.
It is the intent of this chapter to accomplish the following:
(1)
It is recognized that buildings and establishments operated
as adult uses have serious objectionable operational characteristics. In order
to promote the health, safety and general welfare of the residents of the
Town of Marilla, this chapter is intended to restrict adult uses to nonresidential
areas of the Town of Marilla and otherwise regulate their operation. Moreover,
in light of the fact that the operational characteristics of adult uses increase
the detrimental impact on a community when such uses are concentrated, this
chapter is intended to promote the health, safety and general welfare of the
residents of the Town of Marilla by regulating the concentration of such uses.
As used in this chapter, the following terms shall have the meanings
indicated:
An establishment or business, whether retail or wholesale, having
as a substantial or significant portion of its stock-in-trade books, magazines
and other periodicals, films and viewing materials for sale or viewing on
the premises by use of motion-picture devices or any coin-operated means,
which are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical
areas; or an establishment or business containing a segment or section devoted
to the sale or display of such material.
An establishment or business where an adult male or female exposes
parts of his or her body identified in specified anatomical areas.
An enclosed or unenclosed building or structure or portion of a building
or structure used for presenting materials having as a dominant theme material
distinguished or characterized by an emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas for
observation by patrons therein.
Any establishment or business involved in the dissemination of material
distinguished or characterized by an emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas,
including but not limited to adult bookstores, adult live entertainment and
adult motion-picture theaters.
Any commercial enterprise, association or arrangement for profit.
The transfer of possession, custody, control or ownership of or the
exhibition or presentation of any performance to a customer, member of the
public or business invitee of any material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas.
Any person, firm, partnership, corporation, association or legal
representative, acting individually or jointly.
In a sole proprietorship, an individual who owns, operates, controls
or conducts, directly or indirectly, any premises, building or location upon
which any adult use takes place.
In a partnership, limited or general, an individual who shares in any
potential profits or losses of the business or who shares in the ownership
of any of the assets of the partnership business.
In a corporation, an individual who is an officer, director or a holder,
either directly, indirectly or beneficially, of more than 20% of any class
of stock.
Any person who furnishes more than 20% of the capital financing or assets
of such business, whether in cash, goods or services.
In addition to the other requirements of this chapter and Chapter 210,
Zoning, of the Code of the Town of Marilla, adult uses shall be permitted,
subject to the following restrictions:
A.
No adult use shall be allowed within 500 feet of another
existing adult use.
B.
No adult use shall be located within 300 feet of the
boundaries of any zoning district which is zoned for residential use.
C.
No adult use shall be located within 500 feet of a preexisting
school, place of worship or public parkland.
D.
No adult use shall be located in any zoning district
except in the B Business Zones.
E.
The minimum building setback from the existing road right-of-way
shall be 100 feet, regardless of the right-of-way width adjacent to the parcel.
F.
No adult use shall be conducted in any manner that permits
the observation of any material depicting, describing or relating to specified
sexual activities or specified anatomical areas from any public way or from
any property not registered as an adult use. This provision shall apply to
any display, decoration, sign, show window, screen or other opening.
G.
In all districts, except as provided in this chapter,
any adult use shall terminate not later than one year after the effective
date of the local law enacting this chapter, and thereafter the space or premises
or building formerly occupied by such use shall be used only for a conforming
use.
No person, firm, corporation or other entity shall lease, rent, maintain,
operate, use or allow to be operated or used any business or establishment,
any part of which contains an adult use, without first complying with the
provisions of this section as follows:
A.
In addition to any and all other necessary licenses and
permits, no form of adult use shall be allowed to operate or be allowed to
continue to operate until a certificate of registration is filed with the
Clerk of the Town of Marilla, containing:
(1)
The address of the premises.
(2)
The name and address of the owner(s) of the premises
and the name and address of the beneficial owner(s) if the property is in
a land trust.
(3)
The name of the business or the establishment subject
to the provisions of this chapter.
(4)
The names, business and home addresses and business or
home phone numbers of all owners of the business or establishment subject
to the provisions of this chapter.
(5)
The names, business and home addresses and business or
home phone numbers of all those persons having a substantial connection with
the business or establishment subject to the provisions of this chapter.
(6)
The date of the initiation of the adult use.
(7)
The exact nature of the adult use.
(8)
If the premises of the building in which the business
containing the adult use is located is leased, a copy of the lease.
B.
If there occurs any change in the formation required
for the certificate of registration, the Clerk of the Town of Marilla shall
be notified of such change, and a new or amended certificate shall be filed
within 30 days of such change.
C.
The processing fee for each such certificate of registration
or amendment thereto shall be in accordance with the current fee schedule
which may be amended from time to time by Town Board resolution.
D.
No certificate of registration issued under the provisions
of this chapter shall be transferable to any person other than the registrant,
nor shall a certificate of registration be transferable for use at any premises,
building or location other than stated in the certificate of registration.
E.
The owner, manager or agent of any adult use shall cause
a copy of the certificate of registration issued under the provisions of this
chapter to be prominently displayed on the premises, building or location
for which it is issued.
F.
Any knowingly false statement or any statement which
the registrant or applicant should reasonably have known to be false which
is provided in the certificate of registration or any document or information
supplied therewith shall be grounds for the rejection, suspension or revocation
of the certificate of registration.
G.
It is a violation of this chapter for the owner or person
in control of any property to establish or operate thereon or to permit any
person to establish or operate an adult use without having in force a certificate
of registration complying with this chapter.
A.
It shall be the duty of the Town Code Enforcement Officer
to enforce the provisions of this chapter.
B.
Violation of the provisions of this chapter shall be
punishable by a fine not exceeding $250 or by a term of imprisonment not exceeding
15 days, or both, and with each week such violation continues constituting
a separate offense. The Town of Marilla shall have recourse to such remedies
in law and equity as may be necessary to ensure compliance with the provisions
of this chapter.[1]
A.
In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements. More stringent
provisions may be required if it is demonstrated that different standards
are necessary to promote the public health, safety and welfare.
B.
The provisions of this chapter shall supersede any prior
inconsistent provisions of any local law, ordinance or resolution of the Town
of Marilla. If a higher standard is imposed by any applicable law, ordinance,
resolution, rule or regulation adopted by a higher level of government, the
more restrictive or higher standard shall supersede these provisions. The
Town reserves the right to impose additional future provisions by ordinance
or resolution, which provisions may be more restrictive or impose a higher
standard, which provisions shall be kept on file in the office of the Town
Code Enforcement Officer of the Town of Marilla.
