It is the intent of the Town of Niskayuna in
adopting this article to ameliorate, mitigate, reduce or prevent the
widespread and unregulated imposition of the adverse secondary impacts
of adult-oriented businesses upon the residents, businesses, economic
viability, property values, quality of life and general health, safety
and welfare of the community and to protect the right of free expression,
guaranteed by the U.S. Constitution and the New York State Constitution,
as may be expressed and presented in the form of goods and services
offered by adult-oriented businesses.
For the purposes of this article, the following
terms shall have the meanings indicated:
ADULT BOOK STORE
An establishment having a substantial or significant portion
of its stock-in-trade books, magazines and other periodicals or paraphernalia
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specific sexual activities or
specific anatomical areas as defined below.
ADULT CABARET
An establishment which features live go-go dancers, exotic
dancers, strippers, topless or partially clad wait staff, male or
female impersonators or similar entertainers whose performances are
characterized by partial or full nudity.
ADULT MINI-MOTION PICTURE THEATER
An enclosed building featuring viewing areas with a capacity
of less than 50 persons used for presenting material distinguished
or characterized by its emphasis on matter depicting, describing or
relating to specific sexual activities or specific anatomical areas
as defined below for the observation of patrons therein.
ADULT MOTION-PICTURE THEATER
A building with a capacity of more than 50 persons used for
presenting material distinguished or characterized by its emphasis
on matter depicting, describing or relating to specific sexual activities
or specific anatomical areas as defined below for the observation
of patrons therein.
ADULT PHYSICAL CONTACT ESTABLISHMENT
Any establishment which offers or purports to offer massage
or other physical contact for pay to patrons of either gender by employees
or staff of either gender. This definition shall not be construed
to include a hospital, nursing home or medical clinic or the office
of a New York State licensed massage therapist, a physician, surgeon,
chiropractor, osteopath or duly licensed physical therapist or barbershops
or beauty salons in which massages are administered only to the scalp,
face, neck or shoulders. This definition also shall exclude health
clubs which have facilities for physical exercise such as tennis courts,
racquetball courts or exercise rooms, and which do not receive their
primary source of revenue through the administration of massages.
ADULT USE BUSINESS
The use of land or structures for an adult bookstore, an
adult video store, an adult motion-picture theater, an adult mini-motion-picture
theater, an adult cabaret, or an adult physical contact establishment;
or any other business which displays, presents, sells, loans or otherwise
promotes materials distinguished or characterized by an emphasis on
matter depicting, describing or relating to specific sexual activities
or specific anatomical areas as defined below.
ADULT VIDEO STORE
An establishment having a substantial or significant portion
of its stock-in-trade video films, DVD's, video cassettes or other
media or paraphernalia for sale or rental which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specific sexual activities or specific anatomical areas
as defined below.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human
genitals, pubic region, buttock and female breast below a point immediately
above the top of the areola; or
B.
Human male genitals in a discernable turgid
state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation
or arousal; or
B.
Acts of human masturbation, sexual intercourse
or sodomy; or
C.
Fondling or other erotic touching of human genitals,
pubic regions, buttocks or female breast.
An overlay zone is hereby established for adult
use businesses within a portion of the General Industrial Zone and
shall be known as the "I-G Overlay District" as shown on the Zoning
Map of the Town of Niskayuna. All zoning requirements of the I-G District, which are
not superseded herein, shall apply to the I-G Overlay District.
The violation of this article shall be a misdemeanor.
In addition, any person violating this article shall be liable to
a civil penalty of $500 to be recovered by the Town in a civil action
or special proceeding. Each day such violation continues shall constitute
a separate violation of this article. The Town may also maintain an
action or special proceeding for an injunction or other equitable
relief to compel compliance with, or to refrain the violation of this
article. The use of any remedy shall not prevent the use of any other
remedy hereafter.