It is the purpose of this chapter to promote
the health, safety, morals and general welfare of the citizens of
the Town of Wallkill and to establish reasonable and uniform regulations
regarding the location, concentration and operation of sexually oriented
businesses within the Town. It is neither the intent nor the effect
of this chapter to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment, nor is it the intent of
this chapter to condone or legitimize the distribution of obscene
materials.
As used in this chapter, the following terms
shall have the meanings indicated:
ADULT BOOKSTORE OR VIDEO STORE
An establishment for the sale or rental for use off-site
of any one or more of the following:
A.
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, videocassettes, videocassette
players, DVDs, DVD players, slides or other visual representations,
or recordings, lingerie, novelties and devices, which have, as their
primary or dominant theme, material depicting, illustrating, describing
or relating to specified sexual activities or specified anatomical
areas;
B.
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities;
and
C.
Having a substantial portion of said stock-in-trade
customarily not open to the public generally, and which excludes or
is required by law to exclude any minor by reason of age.
D.
For purposes of this Chapter
59, an adult bookstore or video store is defined as an "adult entertainment use" if it meets the floor area criteria defined below.
E.
Adult bookstore or video store criteria for
"adult entertainment use."
(1)
A bookstore or video store shall be declared
to be an adult entertainment use if either:
(a)
Greater than 25% of the floor area allocated
to such use is not available to the general public, in comparison
to the retail floor area available to customers without restriction
because of age; or
(b)
Greater than 50% of all merchandise is not available
to the general public without restriction by reason of age.
(2)
Whichever guideline is more restrictive shall
apply.
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents nude or
seminude dancers, male or female impersonators or exotic dancers,
or other similar entertainment, and which is customarily not open
to the public generally but which excludes or is required by law to
exclude any minor by reason of age.
ADULT ENTERTAINMENT USE
The use of any building, structure or land, or portion thereof, for any sexually oriented business as defined in this Chapter
59.
ADULT THEATER
A theater that customarily presents motion-picture films,
videotapes, slide shows and live entertainments that are not open
to the public generally, but which excludes or is required by law
to exclude any minor by reason of age and in which a substantial portion
of the total presentation time is devoted to the showing of material
characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas.
APPLICANT
The person applying for a license to conduct a sexually oriented
business.
APPLICATION
The application for a license to operate a sexually oriented
business.
BUILDING CONTAINING LICENSED PREMISES
The licensed premises and also any part of a building in
which such premises are contained and any part of any other building
connected with such building by direct access or by a common entrance.
EMPLOYEE
A person who works or performs or acts as an independent
contractor or agent in a commercial establishment, irrespective of
whether said person is paid a salary or wage by the owner or manager
of the premises, or whether said person works for tips.
LICENSE
A license issued pursuant to this Chapter
59.
LICENSEE
Any person to whom a license is issued pursuant to this Chapter
59.
MASSAGE ESTABLISHMENT
Any establishment where massages are administered by unlicensed
practitioners, including massage parlors, sauna baths, and steam baths.
A.
This definition shall not be construed to include
a hospital, nursing home, medical clinic or other lawfully established
office providing therapeutic massage by a duly licensed health care
professional, such as a physician, surgeon, chiropractor, osteopath
or physical therapist.
B.
This definition shall not be construed to include
barbershops or beauty salons in which therapeutic massages are administered
only to face, scalp, neck, and shoulders. This definition shall not
be construed to include any individual holding a New York State Department
of Education license as a masseuse or masseur who maintains a professional
practice, including a professional practice conducted in a private
residence in the Town of Wallkill.
C.
This definition also excludes health clubs which
have facilities for exercise, such as tennis courts, racquetball courts
or exercise rooms, or similar facilities, and which do not receive
their primary source of revenue from the administration of massages.
OWNER
The person who owns a sexually oriented business.
PEEP SHOWS
The use of any building or portion of a building to present,
for consideration, material in the form of live shows, or any other
medium involving a live person, depicting, describing or relating
to specified sexual activities or specified anatomical areas, viewed
from an individual room or similar enclosure which is not open to
the public generally, but excludes or by law is required to exclude
any minor by reason of age.
PERSON
An individual, partnership, corporation or other legal entity.
PREMISES
The premises licensed pursuant to this chapter and on which
a sexually oriented business may be operated.
RELIGIOUS INSTITUTION
A building which is used primarily for religious worship
and related religious activities, including administrative rooms accessory
thereto.
RESIDENTIAL ZONING DISTRICT
When used in the discussion of sexually oriented business
establishments, includes any area inside the Town of Wallkill which
is included in any of the following zoning districts: RA Rural Agricultural,
RA-1 Low-Density Agricultural, R-2 Suburban Residential, R-1 Medium-Density
Residential, R-M(B) Multiple-Family (Bonus) Residential, R-AH Residential
(Floating Zone), APR Airport Residential, NC Neighborhood Commercial,
and any zoning district to be established in the future which is primarily
intended for dwellings.
SCHOOL
An institution of learning for minors, whether public or
private or parochial, which offers instruction in those courses of
study required under the Education Law of the State of New York, or
which is maintained pursuant to standards set by the State Board of
Regents or State Education Department. This definition includes a
nursery school, kindergarten, elementary school, junior high school,
senior high school or any special institution of learning under the
jurisdiction of the State Department of Education, but it does not
include a vocational or professional institution or an institution
of higher education, including a community or junior college, college
or university.
SENSITIVE LAND USE
The use of a parcel of land for certain uses determined to
be, by their nature, particularly susceptible to the secondary impacts
of adult entertainment uses, including but not limited to residences,
schools, religious institutions, orphanages, parks, and cemeteries,
and areas zoned or to be zoned in the future for residential use.
SEXUALLY ORIENTED BUSINESS
Any commercial activity which sells, rents, shows, exhibits,
or makes available for sale, rent, showing or exhibition, any material
or entertainment distinguished or characterized by an emphasis on
depicting or describing specified anatomical areas or of specified
sexual activity and shall include, but not be limited to, adult bookstores
or video stores, adult entertainment cabarets, massage establishments,
peep shows, and adult theaters.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered human genitals
and pubic region and human male genitals in a discernible turgid state
even if completely and opaquely covered. Human buttocks shall not
be required to be completely and opaquely covered; however, the gluteal,
anal, or natal cleft between the buttocks shall be covered with a
g-string, thong, or similar apparel or costuming.
SPECIFIED SEXUAL ACTIVITIES
Human genitals in a state of sexual stimulation or arousal;
or acts of human masturbation, sexual intercourse, oral copulation
or sodomy; or fondling or other erotic touching of human genitals,
pubic region, buttocks or breasts.
STRADDLE DANCE
Also known as a "lap dance" or "face dance." The use by an
employee, whether clothed or not, of any part of his or her body to
massage, rub, stroke, knead, caress or fondle the genital or pubic
area of a patron while on the premises, or the placing of the genital
or pubic area of an employee in contact with the face of a patron
while on the premises.