[HISTORY: Adopted by the Town Board of the Town of Victor 8-23-1993
as L.L. No. 3-1993. Amendments noted where applicable.]
A.
It is recognized that there are certain business activities
which, by their nature, have serious objectionable operational characteristics.
B.
It is recognized that adult entertainment businesses
exhibit these characteristics which can lead to a significant adverse impact
on the surrounding community.
C.
The unrestrained proliferation of such business is inconsistent
with existing development and future plans for the Town of Victor in that
they often bring outside influences into the community which increase the
crime rate and undermine the economic, moral and social welfare of the community.
The deleterious effects of these businesses change the economic, social and
moral character of the existing community and adversely affect existing businesses
and community and family life. As business activity drops off and the quality
of life deteriorates, merchants and families move away from the area, leaving
it in a vacant and depressed state.
D.
Therefore, it is recognized that special regulation is
necessary in order to prevent the proliferation of such businesses and to
ensure that those effects will not adversely affect the health, safety and
economic well-being of the community.
For the purposes of this chapter, the following phrases and words shall
have the meaning assigned below, except in those instances when the context
clearly indicates a different meaning:
Generally, any person, establishment or business involved in the
viewing or dissemination of material distinguished or characterized by an
emphasis on matter depicting, describing or related to sexual activity or
specified anatomical areas, including but not limited to any establishment
that allows or promotes dancers, performers or employees, whether male or
female, to display specified anatomical areas.
Human male or female genitals, human male or female breasts, pubic
area or buttocks with less than a fully opaque covering.
[Amended 1-22-1996 by L.L.
No. 1-1996]
Any person, firm, association, partnership, corporation or other
entity for profit.
Any individual, firm, partnership, corporation, club, association
or legal representative acting individually or jointly.
Any act of masturbation, sadomasochism, sexual intercourse or physical
contact with a person's clothing or unclothed genitals, pubic area or buttocks.
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 the
ownership or control of any of the assets of the partnership business.
In a corporation, an individual who is an officer, director or holder,
either directly, indirectly or beneficially, of more than twenty percent (20%)
of any class of stock.
No person, firm, association, partnership, corporation or other entity
shall operate or cause to be operated an adult entertainment use unless a
valid license has been issued for such use.
[Amended 1-22-1996 by L.L.
No. 1-1996; 5-13-1996 by L.L.
No. 10-1996]
A.
Application for license. An application for a license
to operate an adult entertainment use shall be made to the Town Clerk, in
a form prescribed by the Town Clerk, which application shall be submitted
under oath and shall supply the following information:
(1)
The name, address and phone number of the person, business
or establishment applying for an adult entertainment use.
(2)
The exact nature of the adult entertainment use and the
hours of its operation.
(3)
A description of the location of the use and a description
of all adjacent properties and uses.
(4)
A copy of the site plan approval, as granted by the Town
of Victor Planning Board, and a copy of the special use permit granted by
the Zoning Board of Appeals.
(5)
A statement of the nature and character of the applicant's
other business or businesses, if any, to be carried on in conjunction with
the adult entertainment use.
(6)
The name or names of the person or persons who will manage
or supervise the applicant's business.
(7)
The names, business and home addresses and business and
home phone numbers of all those persons or businesses having a substantial
connection with the business or establishment to be licensed.
(8)
If applicable, a disclosure of the criminal record, if
any, of any person who will manage or supervise the applicant's business or
of any person having a substantial connection with the business or establishment
to be licensed. Disclosure of convictions of crimes punishable pursuant to
§§ 230 through 245 of the New York State Penal Law shall only
be disclosed if the same have occurred within a two-year period preceding
the date of the application.
(9)
The status of all other required local and state approvals.
B.
The application shall not be deemed complete until all of the information required pursuant to § 57-4A is received by the Town Clerk. Once the application is complete, the same will be deemed accepted by the Town Clerk and forwarded to the Town Board for its review and consideration.
C.
Fee. An application for adult entertainment use license
shall be accompanied by a nonrefundable fee in such amount as the Town Board
of the Town of Victor may from time to time establish by resolution.[1]
[1]
Editor's Note: The current fee resolution is on file in the office
of the Town Clerk. See also Chapter A215, Fees.
D.
Issuance. Upon the receipt of a properly filled out application
and application fee, the Town Clerk shall review the application and, if approved
by Town Board resolution, shall issue the license to the applicant within
thirty (30) days from the date of Town Board approval of the application.
[Amended 1-22-1996 by L.L.
No. 1-1996]
The Town Board shall deny a license or revoke an issued license on any
of the following grounds:
A.
That the use is prohibited by any local or state law,
statute, ordinance, rule or regulation or prohibited in the particular location
where the use is proposed.
B.
That the applicant has falsified or failed to provide
information required in the application for the issuance or amendment of an
adult entertainment use license under this chapter.
C.
That an inspection of the premises reveals that any applicable
laws, ordinances, codes, rules and regulations pertaining to structural, fire
and safety requirements have not been complied with.
D.
That any person managing or supervising the applicant's
or licensee's business or any person having a substantial connection with
the business or establishment has been convicted of a felony or a crime punishable
pursuant to §§ 230 through 245 of the New York State Penal
Code within a period of two (2) years prior to the date of application.
E.
That any person managing or supervising a licensed adult
entertainment use or any person having a substantial connection with such
a licensed use has been charged and found guilty of criminal activity.
F.
That the applicant or any person, business or establishment
having a substantial connection with the business or establishment for which
an application is made has had any license issued under this chapter revoked
for cause during the preceding one-year period. If this license is revoked,
the Town Clerk shall notify the licensee in writing, by certified mail, of
the revocation.
[Amended 9-9-1996 by L.L.
No. 14-1996]
Any license issued to operate an adult entertainment use shall expire
on the 31st day of December succeeding its date of issue, unless revoked.
A licensee under this chapter shall cause the license for adult entertainment
use to be conspicuously displayed, in full view of patrons, at the location
stated in such license.
A valid adult entertainment use license may be renewed for a period of one (1) year at a time by following the license application procedures in § 57-4 above. Such renewal application must be submitted at least thirty (30) days prior to the expiration of the current license, and the same shall be granted unless the applicant is found to be in violation of any of the subsections or instances set forth in § 57-5 hereof.
No license issued under the provisions of this chapter shall be transferred
or assigned to any person or used by any person other than the licensee to
whom it was issued, nor shall such license be used or displayed at any location
other than the location stated in such license.
All adult entertainment uses licensed under the provisions of this chapter
must comply with the applicable laws, regulations and standards imposed by
New York State, local land use control laws and any conditions imposed by
any local governing body, board or agency.
A.
Any licensee found guilty of violating any provisions
of this chapter shall be guilty of a violation and shall be subject to a fine
not to exceed two hundred fifty dollars ($250.) or to imprisonment for a period
not to exceed fifteen (15) days, or to both such fine and imprisonment.
[Amended 1-22-1996 by L.L.
No. 1-1996]
B.
The continuation of an offense under this chapter, after
notice of such, shall constitute, for each day the offense continues, a separate
and distinct violation hereunder.
