This article shall be known as the "Adult Use
Business Regulation Law of the Town of Malta."
Based upon a comprehensive study of the adverse
secondary impacts of adult use establishments as documented in accordance
with the ruling of the United States Supreme Court in the matter of
the City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986),
and commissioned by the Town Board of the Town of Malta, the Town
of Malta finds that:
A. There are adverse secondary impacts associated with
the establishment and operation of adult-oriented businesses within
a community.
B. Among these adverse secondary impacts are a deterioration
in the local quality of life; an adverse effect upon local property
values; an adverse effect upon local economic viability; an imposition,
whether intentional or unintentional, of exposure to adult-oriented
expression undesired by neighbors, pedestrians and passersby; an increase
in traffic, noise, litter and nuisance, criminal and illicit sexual
behavior; a threat to the health and safety of children and young
adults; and an undermining of the established sense of community.
C. These adverse secondary impacts of the establishment
and operation of adult-oriented businesses are a threat to the general
health, safety and economic viability of the community.
D. The unregulated establishment and operation of adult-oriented
businesses would lead to the widespread imposition of adverse secondary
impacts upon the residents, businesses, economic viability, property
values, and quality of life of the Town and would, therefore, be detrimental
to the general health, safety and economic viability of the community.
E. The United States Constitution, and the Constitution
and laws of the State of New York grant to the Town of Malta the powers,
especially police powers, to enact reasonable legislation and measures
to regulate the location and operation of adult-oriented businesses,
hereinafter defined, in order to protect the general health, safety
and economic viability of the community.
As used in this article, the following terms
shall have the meanings indicated:
ADULT USE BUSINESS
A.
As any business which is:
(1)
The use of land, structures or location for
an adult entertainment business or as an adult physical contact establishment
as herein defined; and
(2)
Any use of land, structure or location which,
by the provisions of the Penal Law, is required to restrict the access
thereto by minors; and
(3)
An establishment, location, building or structure
which features topless dancers, nude dancers or strippers, male or
female; and
(4)
A location, building or structure used for presenting,
lending or selling motion-picture films, video cassettes, cable television
or any other such visual media, or used for presenting, lending or
selling books, magazines, publications, photographs or any other such
materials distinguished or characterized by an emphasis of matter
depicting, describing or relating to specific sexual activities or
specific anatomical areas as defined below.
B.
Includes adult bookstores, adult video stores,
adult motion-picture theaters, adult mini-motion-picture theaters,
adult cabarets and adult drive-in theaters which shall be defined
as follows:
(1)
ADULT BOOK STOREAn establishment having a substantial or significant portion of its stock-in-trade books, magazines and other periodicals 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.
(2)
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade video films, video cassettes or other films 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.
(3)
ADULT MOTION-PICTURE THEATERA building with a capacity of 50 persons or more used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
(4)
ADULT MINI-MOTION-PICTURE THEATERAn enclosed building with a capacity of fewer than 50 persons used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
(5)
ADULT CABARETAn establishment which features live go-go dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.
(6)
ADULT DRIVE-IN THEATERA drive-in theater used for the material distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
(7)
ADULT PHYSICAL CONTACT ESTABLISHMENTAny establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as a physical therapist or physical therapist assistant and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this section.
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 discernible 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.
A violation of this article shall be a Class
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 chapter. The Town may
also maintain an action or special proceeding for an injunction or
other equitable relief to compel compliance with, or to restrain the
violation of, this article. The use of any remedy shall not prevent
the use of any other remedy hereunder. The listing of remedies herein
shall not deprive the Town of the use of any other remedies provided
by other provisions of law.