[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:
A public or private establishment, or any part thereof, which
presents any of the following entertainments or services on one or
more occasions:
ADULT ARCADEAny 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.
ADULT BOOKSTORE or ADULT VIDEO STOREA 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:
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
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.
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which regularly features:
Persons who appear in a state of nudity.
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities.
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.
ADULT MOTELA hotel, motel or similar commercial establishment which:
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.
Offers a sleeping room for rent for a period
of time that is less than 10 hours.
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.
ADULT MOTION-PICTURE THEATERA 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.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
ESCORTA 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.
ESCORT AGENCYA 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.
NUDE MODEL STUDIOAny 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.
MASSAGE PARLORAn 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.
Any of the following:
Any of the following:
Human genitals in a state of sexual stimulation
or arousal.
Acts of human masturbation, sexual intercourse
or sodomy.
Fondling or other erotic touching of human genitals,
pubic regions, buttocks or female breasts.
Flagellation or torture in the context of a
sexual relationship.
Masochism, erotic or sexually oriented torture,
beating or the infliction of pain.
Erotic touching, fondling or other such contact
with an animal by a human being.
[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.
Failure to comply with this section shall constitute
a violation, and, upon conviction thereof, shall be subject to a fine
up to a maximum amount of $250. Additionally, this section may be
enforced by injunction or may be prosecuted pursuant to NY State Penal
Law.
[Amended 9-27-2023 by L.L. No. 9-2023]
[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.
Failure to comply with this section shall constitute
a violation, and, upon conviction thereof, shall be subject to a fine
up to a maximum amount of $250. Additionally, this section may be
enforced by injunction or may be prosecuted pursuant to NY State Penal
Law.
[Amended 9-27-2023 by L.L. No. 9-2023]
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.
