Town of Henrietta, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Henrietta 3-16-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 295.
Adult use establishments, as herein defined, shall only be allowed in Industrial/Limited Commercial Districts as specifically set forth herein and only to the extent not inconsistent with local law and the New York State Penal Law relating to exposure, obscenity or lewdness.
The primary purposes of this chapter are as follows:
A. 
To preserve the character and quality of life in Town neighborhoods and business areas.
B. 
To control such documented harmful and adverse secondary effects of adult uses on the surrounding areas as decreased property values, attraction of transients, parking and traffic problems, increased crime (including prostitution, rape and assaults in the vicinity of such uses), loss of business for surrounding non-adult businesses and deterioration of neighborhoods.
C. 
To maintain property values.
D. 
To prevent crime.
E. 
To protect retail trade.
F. 
To restrict minors' access to adult uses.
G. 
To maintain the general welfare, safety and morals for Town of Henrietta residents.
[Amended 9-21-1994]
As used in this chapter, the following terms shall have the meanings indicated:
ADULT USE ESTABLISHMENT
A public or private establishment, or any part thereof, which presents any of the following entertainments or services on one or more occasions:
A. 
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.
B. 
A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) 
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(2) 
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified 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 of the specified materials which depict or describe specified sexual activities or specified anatomical areas.
C. 
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) 
Persons who appear in a state of nudity.
(2) 
Live performances which 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 which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
D. 
A hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which 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 which advertises the availability of this adult type of photographic reproductions.
(2) 
Offers a sleeping room for rent for a period of time that is less than 10 hours.
(3) 
Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.
E. 
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
F. 
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity.
G. 
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex.
(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.
H. 
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.
I. 
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.
J. 
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.
K. 
An establishment where, for any form of consideration, massage, alcohol rub fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
SPECIFIED ANATOMICAL AREAS
Any of the following:
A. 
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITY
Any of the following:
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Acts of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
D. 
Flagellation or torture in the context of a sexual relationship.
E. 
Masochism, erotic or sexually oriented torture, beating or the infliction of pain.
F. 
Erotic touching, fondling or other such contact with an animal by a human being.
G. 
Human excretion, urination, menstruation or vaginal or anal irrigation as part of or in connection with any of the activities set forth in Subsections A through F above.
[Amended 9-21-1994]
A. 
Adult use establishments, as defined above, are to be restricted as to location in the following manner in addition to any other requirements of this Code:
(1) 
The property lines of any adult use establishment must be at least 500 feet from the property lines of a residence or residentially zoned property, schools, day-care facilities, churches (or other religious places of worship), parks, playgrounds or other areas where large numbers of minors congregate, open space or greenbelt areas or governmental facilities.
(2) 
The property lines of any adult use establishment must be at least 1,000 feet from the property lines of another adult use establishment.
[Amended 6-20-2001 by L.L. No. 3-2001]
(3) 
All adult uses shall be conducted in an enclosed building. Regardless of location or distance, no one who is passing by an enclosed building having a use governed by these provisions shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.
B. 
Offenses against the provisions of this section shall be punishable by a fine in an amount not to exceed $250, a term of imprisonment not to exceed 15 days, or both. This section shall be enforceable by injunction.
[Amended 2-18-2015 by L.L. No. 1-2015]
This section is enacted pursuant to the New York State Penal Law § 245.01.
A. 
Except in those establishments expressly permitted by this chapter, a person is guilty of exposure if he or she appears in a public place, including a play, in a state of nudity or in such manner that the private or intimate parts of his or her body are unclothed or exposed.
[Amended 2-18-2015 by L.L. No. 1-2015]
B. 
"Nudity" means less than completely and opaquely covered:
(1) 
Human genitals, pubic region.
(2) 
Buttocks.
(3) 
Female breast below a point immediately above the top of the areola, except where exposure is related to breastfeeding.
[Amended 2-18-2015 by L.L. No. 1-2015]
(4) 
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
C. 
Exposure of a person is a violation, punishable by a fine, in an amount fixed by the court, not to exceed $250, a term of imprisonment, fixed by the court, not to exceed 15 days, or both. Additionally, this section may be enforced by injunction.
[Amended 2-18-2015 by L.L. No. 1-2015]
This section is enacted pursuant to the New York State Penal Law § 245.02.
A. 
Except in those establishments expressly permitted by this chapter, a person is guilty of promoting the exposure of a person when he or she knowingly conducts, maintains, owns, manages, operates or furnishes any public premises or place, including during a play, where a person appears in a state of nudity, as defined in § 6-5B herein, or where a person appears in such a manner that the private or intimate parts of his or her body are unclothed or exposed.
B. 
Promoting the exposure of a person is a violation, punishable by either a fine, in an amount fixed by the court, not to exceed $250, a term of imprisonment, fixed by the court, not to exceed 15 days, or both. Additionally, this section may be enforced by injunction.
The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.