A.
In reaching the decision to adopt this chapter, the Town Board considered the following reports, studies and judicial opinions on which to base this chapter and considered these materials as relevant data:
(1)
United States v. O'Brien, 391 U.S. 367, 20 L.Ed.2d 672, 88 S.Ct. 1673 (1968).
(2)
California v. LaRue, 409 U.S. 109, 34 L.Ed.2d 342, 93 S.Ct 390 (1972).
(3)
Erzonoznik v. Jacksonville, 422 U.S. 205, 45 L.Ed.2d 125, 95 S.Ct. 2268 (1975).
(4)
Young v. American Mini-Theaters, Inc., 427 U.S. 50, 49 L.Ed.2d 310, 96 S.Ct. 2440 (1976).
(5)
New York State Liquor Authority v. Bellanca, 452 U.S. 714, 69 L.Ed.2d 357, 101 S.Ct. 2599 (1981).
(6)
Schad v. Mount Ephram, 452 U.S. 61, 68 L.Ed.2d 671, 101 S.Ct. 2176 (1981).
(7)
City of Renton v. Playtime Theaters, Inc., 475 U.S. 41, 89 L.Ed.2d 29, 106 S.Ct. 925 (1986).
(8)
City of Newport v. Iacobucci, 479 U.S. 92, 93 L.Ed.2d 334, 107 S.Ct. 383 (1986).
(9)
FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 107 L.Ed.2d 603, 110 S.Ct. 596 (1-9-90); lower court opinion at FW/PBS, Inc. v. City of Dallas, 837 F.2d 1298 (5th Cir. 1988).
(10)
Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991).
(11)
Griffin v. State, 396 So.2d 152 (Fla. 1981). (F. S. § 847.014 Harmful to Minors).
(12)
Grand Faloon, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982) (City of Cocoa Beach).
(13)
Fillingim v. Boone, 835 F.2d 1389 (11th Cir. 1988) (Leon County).
(14)
T-Marc, Inc. v. Pinellas County, 804 F.Supp. 1500 (M.D. Fla. 1992).
(15)
Cafe 207, Inc. v. St. Johns County, 989 F.2d 1136 (11th Cir. 1993). This decision is preliminary to a future decision that is anticipated to be significant in impact.
(16)
Adult Entertainment Business in Oklahoma City, A Survey of Real Estate Appraisers, report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma, dated March 3, 1986.
(17)
Director's Report: Proposed Land Use Code Text Amendment, Adult Cabarets, a report prepared by the Director of the Department of Construction and Land Use of the City of Seattle, Washington, dated March 24, 1989.
B.
After considering the relevant data, consulting with the Town Assessor, the Planning Board, law enforcement officials and other interested parties, the Town Board adopts the following findings:
(1)
Commercial establishments exist in close proximity to Union Vale, in nearby cities and in other counties in the Mid-Hudson area where books, magazines, periodicals or other printed material or photographs, films, motion pictures, prints, videotapes, slides or other visual representations or recordings or audio matter or instruments, novelties, devices or paraphernalia which depict, illustrate, describe or relate to specified sexual activities or specified anatomical areas are possessed, displayed, exhibited, distributed and/or sold.
(2)
Commercial establishments may seek to locate within the Town and already exist in nearby cities or counties in the Mid-Hudson Valley where dancers, entertainers, performers or other individuals, for commercial gain, perform or are presented while displaying or exposing specified anatomical areas or engage in straddle dancing or touching with customers.
(3)
The activities described in Subsection B(1) and (2) of this § 84-6 occur at establishments which operate for the purpose of making a profit and, as such, are subject to regulation by the Town in the interest of the health, safety, economy, property values and general welfare of the people, businesses and industries of the Town.
(4)
When the activities described in Subsection B(1) and (2) are present in establishments, other activities which are illegal, unsafe or unhealthful tend to accompany them, concentrate around them and be aggravated by them. Such other activities include, but are not limited to, prostitution, pandering, solicitation for prostitution, lewd and lascivious behavior, exposing minors to harmful materials, possession, distribution and transportation of obscene materials, sale or possession of controlled substances and violent crimes against persons and property.
(5)
When the activities described in Subsection B(1) and (2) are competitively exploited in establishments, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, promote the particular crimes described in Subsection B(4) and ultimately lead residents and businesses to move to other locations.
(6)
The establishments in which the activities described in Subsection B(1) and (2) occur often are constructed, in part or in whole, of substandard materials, maintained in a manner reflecting disregard for the health and safety of the occupants and have exterior signs or appearance that lower the surrounding property values and cause the decline of the Town.
(9)
In order to preserve and safeguard the health, safety and general welfare of the residents of the Town, it is necessary and advisable for the Town to regulate the conduct of owners, managers, operators, agents, employees, entertainers, performers and customers at establishments where the activities described in Subsection B(1) and (2) occur.
(10)
The potential dangers to the health, safety and general welfare of the people of the Town posed by permitting an establishment at which the activities described in Subsection B(1) and (2) occur to operate without first meeting the requirements for obtaining a license under this code are so great as to require the licensure of such establishments prior to their being permitted to operate.
(11)
Requiring operators of establishments at which the activities described in Subsection B(1) and (2) occur to keep a list of information concerning current employees and certain recent past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
(12)
Prohibiting establishments at which the activities described in Subsection B(1) and (2) occur from operating within set distances of educational institutions, religious institutions, residences, areas designated for residential use and parks, at which minors are customarily found, will serve to protect minors from the adverse effects of the activities that accompany such establishments.
(13)
Straddle dancing, unregulated private performances and enclosed adult booths in establishments at which the activities described in Subsection B(1) and (2) occur have resulted in indiscriminate commercial sex between strangers and poses a threat to the health of the participants and promotes the spread of communicable sexually transmitted diseases. Straddle dancing is primarily conduct rather than communication or expression.
C.
The Town Board has determined that at present there are no adult use establishments operating in Union Vale and therefore no amortization period for nonconforming uses is necessary.
D.
The Town Board recognizes that as adult uses, as defined herein, affect surrounding sites in a deleterious manner, particularly when several adult uses are concentrated, special regulation of these uses is necessary to ensure that these effects will not contribute to the blighting or downgrading of the surrounding neighborhood.
E.
The Town Board has determined that adult uses should be dispersed rather than concentrated and finds that a minimum distance of 300 feet between adult uses serves an important function in preventing the concentration of adult uses.
F.
Requirements greater than 300 feet between adult and certain other land uses would not provide a sufficient area in which adult uses could be located and constitutional strictures be met. The Town Board, therefore, finds that the three-hundred-foot distance requirement is a reasonable balance between the concern for the public health, safety and welfare of the citizens and a need to provide a sufficient area for adult uses to be located.
G.
The Town Board has determined that this chapter is necessary to prevent crime, protect the Town's actual and prospective retail trade, maintain property values and protect and preserve the quality of neighborhoods and commercial districts and the quality of life in general.