The Board of Trustees of the Village of Elmsford hereby finds that adult-oriented
businesses have been expanding into suburban municipalities and into urban
areas that have not previously been home to such businesses. The Board of
Trustees of the Village of Elmsford further finds that certain adult-oriented
business activities, by their nature, have serious objectionable operational
characteristics which can lead to a significant impact on the surrounding
community. The Board of Trustees of the Village of Elmsford hereby further
finds that adult-oriented businesses tend to concentrate or cluster within
neighborhoods and, where such adult-oriented businesses are highly concentrated,
they have been found to have negative secondary effects, including negative
effects on commercial activity, incidence of crime, property values, community
character and quality of life. The Board of Trustees of the Village of Elmsford
further finds that the unrestrained proliferation of such businesses is inconsistent
with existing development and future plans for the Village of Elmsford in
that they often result in influences on the community which increase the crime
rate and undermine the economic, moral, and social welfare of the community.
Further, the location of these uses may be in areas where youth may regularly
assemble, and the general atmosphere encompassing their operation is of great
concern to the Village of Elmsford. The purpose of this chapter is to prevent
the unrestricted proliferation of such businesses and to ensure that the effects
of such businesses will not adversely affect the health, safety and economic
well-being of the community by enacting criteria for the establishment of
adult entertainment uses in the Village.
As used in this chapter, the following terms shall have the meanings
indicated:
ADULT BOOKSTORE
A person, establishment or business, whether retail or wholesale,
having more than a minimal portion of its stock-in-trade recordings, books,
magazines, periodicals, films, videotapes/cassettes, DVDs or other audio or
viewing materials for sale or viewing on or off the premises, which are distinguished
or characterized by their emphasis on matter depicting, describing, or relating
to sexual activities or sexual anatomical areas. For purposes of this definition,
"minimal portion" means at least 20% of the total area devoted to display
of such materials listed herein.
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless dancers,
bottomless dancers, strippers, male or female impersonators or exotic dancers,
or other similar entertainments.
ADULT ENTERTAINMENT ESTABLISHMENT
Any building, structure or part thereof, whether permanent or temporary,
in which an adult entertainment use is permitted in accordance with this chapter.
ADULT ENTERTAINMENT USE
Any activity covered by the definitions of adult bookstore, adult
motion-picture theater, adult entertainment cabaret, adult motel, adult novelty
business, adult-oriented business, adult personal service establishment, adult
video store, peep show and adult personal service establishment in this section.
ADULT MOTEL
A motel which makes available to its patrons in their rooms films,
slide shows or videotapes/cassettes or DVDs, with material distinguished or
characterized by primary emphasis on matter depicting, describing or relating
to sexual activities of sexual anatomical areas for observation by patrons.
ADULT MOTION-PICTURE THEATER
An enclosed or unenclosed building, structure, or portion thereof
used for presenting materials distinguished or characterized by primary emphasis
on matter depicting, describing, or relating to sexual activities or sexual
anatomical areas for observation by patrons.
ADULT NOVELTY BUSINESS
An establishment having 10% or more of its total area devoted to
display of adult materials, toys and other devices designed for sexual stimulation
or wearing apparel that exposes specific anatomical areas when worn that would
otherwise be covered by such articles of clothing.
ADULT-ORIENTED BUSINESS
A public or private establishment in which 20% or more of its total
area is devoted to the display of adult books, adult videos or DVDs, adult
novelties, adult magazines, which can be characterized as "adult materials"
because they emphasize matters depicting sexual activities or sexual parts
of the male or female anatomy or facsimiles of the same, and are intended
for adult viewing.
ADULT PERSONAL SERVICE ESTABLISHMENT
An establishment, club, or business by whatever name designated,
including but not limited to massage parlors, which offers or advertises or
is equipped or arranged so as to allow a person to provide personal services
for a person of the same or other sex, where either person is nude or partially
nude, on an individual basis in an open or closed room and which excludes
minors by virtue of age. Such services or activities include but are not limited
to massages, body rubs, alcohol rubs, baths and other similar treatments,
as well as modeling studios, body painting studios, wrestling studios, and
individual theatrical performances. It does not include the following specific
uses and activities, performed by persons pursuant to, and in accordance with,
licenses issued to such persons by the State of New York:
A.
Treatment by a licensed chiropractor, a licensed osteopath, a New York
State licensed masseur or masseuse, a licensed practical nurse or a registered
professional nurse;
B.
Electrolysis treatment by a licensed operator of electrolysis equipment;
C.
Hospitals, nursing homes, medical clinics or medical offices;
D.
Barbershops or beauty parlors which offer massage to the scalp, the
face, the neck or shoulders only;
ADULT VIDEO STORE
An establishment having 10% or more of its stock-in-trade in videotapes,
DVDs or films for barter, sale or rent or for viewing on premises by use of
motion-picture devices or any other coin-operated means, and other printed
materials and other periodicals which are distinguished or characterized by
their emphasis on matters depicting or relating to specified sexual activities
or specific anatomical areas, as defined below.
BUSINESS
Any person, firm, association, partnership, corporation, or other
entity for profit.
EMPLOYEE
Any and all persons, including independent contractors, who work
in or at or render any services directly related to the operation of an adult-oriented
business establishment.
ENTERTAINER
Any person who engages in the performance of adult entertainment
within an adult-oriented business establishment, as defined in this section,
whether or not a fee is charged or accepted for such entertainment and whether
or not such person is an employee or an independent contractor.
MASSAGE
A method treating the external parts of the human body by rubbing,
stroking, kneading, tapping or vibrating with the hand or any instrument.
NUDE
Any person insufficiently clothed in any manner so that any region
of the genitals, pubic region, buttocks or that portion of the female breast
referred to as the areola or nipple is not entirely covered with a fully opaque
covering.
OPERATOR
Any person, or any proprietor, shareholder, general partner, LLC
member or limited partner who holds 20% or more of the shares or partnership
interest or ownership interest of any business, which is operating, conducting,
owning or maintaining an adult business establishment.
PEEP SHOW
Any establishment that presents material in the form of live shows,
films, videotapes/cassettes or DVDs which material is distinguished or characterized
by an emphasis on matters depicting, describing or relating to sexual activities
or specified anatomical areas and that are viewed from an individual machine
or enclosure for which a fee is charged.
PERSON
Any individual, firm, partnership, corporation, club, association,
or legal representative, acting individually or jointly.
SEXUAL ACTIVITIES
Any act of masturbation, fellatio, sadomasochism, sexual intercourse
or physical contact with a person's clothed or unclothed genitals, pubic
area, buttocks or, if such person be female, breast.
SPECIFIED ANATOMICAL. AREAS
Any uncovered or exposed human genitals, pubic region or pubic hair;
or buttock; or female breast or breasts below a point above the top of the
areola or nipple; or any combination of the foregoing; or human male genitals
in a discernibly erect state, even if completely and opaquely covered.
No business or person shall construct, establish or conduct any adult
entertainment use within the Village of Elmsford unless he, she or it has
applied for and obtained a certificate of occupancy, as provided for in this
chapter and in this Village Code, from the Building Inspector. To receive
a certificate of occupancy, the applicant must satisfy the additional following
criteria:
A. No more than one adult entertainment use shall be located
on any lot.
B. No adult entertainment use shall be established or permitted
in any building of which any part is used for residential purposes.
C. No residential use shall be established in a building
of which any part is used as an adult entertainment use.
D. No adult entertainment use shall be established closer
than 500 feet to any lot line of any other adult entertainment use.
E. No adult entertainment use shall be established closer
than 300 feet to the boundary line of any Residence District, R-0 through
R-3, inclusive, and RCD.
F. No adult entertainment use shall be established closer
than 200 feet to the lot line of any nonconforming residential use.
G. No adult entertainment use shall be established closer
than 300 feet to the lot line of any church, community center, funeral home,
school, day-care center, hospital, alcoholism center or drug treatment center,
counseling or psychiatric treatment facility, or public park.
H. The applicant shall obtain site plan approval from the
Planning Board.
I. The applicant shall meet all other regulations of the
Village of Elmsford, including but not limited to district lot and bulk regulations,
parking regulations and signage requirements.
J. No adult entertainment establishment other than an adult
entertainment cabaret duly approved in accordance with this chapter shall
allow, feature or exhibit employees or entertainers who are nude or partially
nude where live specific anatomical areas are exposed to patrons.
K. No adult entertainment establishment shall include or
feature live entertainment involving the touching of specific anatomical areas
or in any way displaying, featuring, performing or simulating live specific
sexual activities.
L. No adult entertainment use shall be conducted in a manner
that permits the observation of any material or novelties depicting, describing,
or relating to specified sexual activities or specific anatomical areas from
any public way or from any property not registered as an adult entertainment
establishment. This requirement shall also apply to any display, decoration,
sign, show window or other opening.
All parking for patrons or employees of any adult entertainment use
shall conform to the requirements of any applicable provisions of the Municipal
Code of the Village of Elmsford. The owner, proprietor, manager or person
in charge of any adult entertainment use shall be responsible for compliance
with this section. Failure to comply with this section shall constitute a
violation of this section.
During the period that an adult entertainment use is occupied by patrons
or guests, it shall be illuminated by sufficient natural or artificial light
to permit safe ingress and egress to and from the premises.
Before the issuance of a certificate of occupancy for an adult entertainment
use, the Building Inspector shall determine the maximum number of patrons
permitted upon the premises at one time, as set forth in the New York State
Uniform Fire Prevention and Building Code in order to prevent overcrowding
and the resultant hazards to health and safety. Such maximum number so determined
shall be stated on said certificate of occupancy, and any premises containing
a greater number shall be in violation of this chapter.
All stockholders, officers, directors, agents, employees and concessionaires
of an adult entertainment use shall at all times strictly and promptly conform
to and comply with all laws, provisions, rules, regulations and requirements
of all federal, state and municipal authorities and agencies having jurisdiction,
with respect to the premises and the conduct and operation of the adult entertainment
use therein and thereat, now in force or hereafter adopted.
Any person committing an offense against any provision of this chapter
shall be guilty of a misdemeanor punishable by a minimum fine of $350 and
a maximum fine of $1,000, imprisonment for a period not to exceed one year,
or both such fine and imprisonment. 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.
The provisions of this chapter may be enforced by the Village of Elmsford
Building Department and/or Police Department.