As used in this chapter, the following terms
shall have the meanings indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, electronically,
electrically, or mechanically controlled still or motion-picture machines,
projectors, video or laser disc players, 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, ADULT NOVELTY STORE or ADULT VIDEO STORE
A.
A commercial establishment which, as one of
its principal 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
are characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas"; or
(2)
Instruments, devices, or paraphernalia which
are designed for use in connection with "specified sexual activities."
B.
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, adult novelty store, or adult video store. Such other business
purposes will not serve to exempt such commercial establishments from
being categorized as an adult bookstore, adult novelty store, or adult
video store so long as at least 50% of its store area, or 50% of its
display area, is utilized in the offering for sale or rental for consideration
the specified materials which are characterized by the depiction or
description of "specified sexual activities" or "specified anatomical
areas."
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity or seminude;
or
B.
Live performances which are characterized by
the exposure of "specified anatomical areas" or by "specified sexual
activities"; or
C.
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 ENTERTAINMENT BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion-picture theater,
adult theater, escort agency, or nude model studio.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any
form of consideration; 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;
or
B.
Offers a sleeping room for rent for a period
of time that is less than 10 hours; or
C.
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
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."
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or seminude, or live performances which are characterized
by the exposure of "specified anatomical areas" or by "specified sexual
activities."
EMPLOYEE
A person who performs any service on the premises of an adult
entertainment business on a full-time, part-time or contract basis,
whether or not the person is denominated an employee, independent
contractor, agent or otherwise and whether or not said person is paid
a salary, wage or other compensation by the operator of said business.
"Employee" does not include a person exclusively on the premises for
repair or maintenance of the premises or equipment on the premises,
or for the delivery of goods to the premises.
ESCORT
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.
ESCORT AGENCY
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.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any adult entertainment
business as a new business;
B.
The conversion of an existing business, whether
or not an adult entertainment business, to any adult entertainment
business;
C.
The addition of any adult entertainment business
to any other existing adult entertainment business; or
D.
The relocation of any adult entertainment business.
LICENSEE
A person in whose name a license to operate an adult entertainment
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in an adult entertainment business.
NUDE MODEL STUDIO
Any place where a person who appears seminude, in a state
of nudity, or who displays "specified anatomical areas" and is provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by other persons who pay money or any form of
consideration. "Nude model studio" shall not include a proprietary
school licensed by the State of New York or a college, junior college
or university supported entirely or in part by public taxation; a
private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or in a structure:
A.
That has no sign visible from the exterior of
the structure and no other advertising that indicates a nude or seminude
person is available for viewing; and
B.
Where in order to participate in a class a student
must enroll at least three days in advance of the class; and
C.
Where no more than one nude or seminude model
is on the premises at any one time.
NUDITY or A STATE OF NUDITY
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernibly turgid state.
PERSON
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
SEMINUDE or IN A SEMINUDE CONDITION
The showing of the female breast below a horizontal line
across the top of the areola at its highest point or the showing of
the male or female buttocks. This definition shall include the entire
lower portion of the human female breast, but shall not include any
portion of the cleavage of the human female breast, exhibited by a
dress, blouse, skirt, leotard, bathing suit, or other wearing apparel
provided the areola is not exposed in whole or in part.
SPECIFIED ANATOMICAL AREAS
A.
The human male genitals in a discernibly turgid
state, even if completely and opaquely covered; or
B.
Less than completely and opaquely covered human
genitals, pubic region, buttocks or a female breast below a point
immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
A.
Prostitution or promotion of prostitution; dissemination
of obscenity; sale, distribution or display of harmful material to
a minor; sexual performance by a child; possession or distribution
of child pornography; public lewdness; indecent exposure; indecency
with a child; engaging in organized criminal activity; sexual assault;
molestation of a child; gambling; or distribution of a controlled
substance; or any similar offenses to those described above under
the criminal or penal code of other states or countries;
B.
For which:
(1)
Less than two years have elapsed since the date
of conviction or the date of release from confinement imposed for
the conviction, whichever is the later date, if the conviction is
of a misdemeanor offense;
(2)
Less than five years have elapsed since the
date of conviction or the date of release from confinement for the
conviction, whichever is the later date, if the conviction is of a
felony offense; or
(3)
Less than five years have elapsed since the
date of the last conviction or the date of release from confinement
for the last conviction, whichever is the later date, if the convictions
are of two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four-month period.
C.
The fact that a conviction is being appealed
shall have no effect on the disqualification of the applicant or a
person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus, or female breasts;
B.
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, masturbation, or sodomy; or
C.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
B above.
SUBSTANTIAL ENLARGEMENT
Of an adult entertainment business means the increase in
floor areas occupied by the business by more than 25%, as the floor
areas exist on the date this chapter takes effect.
TRANSFER OF OWNERSHIP OR CONTROL
Of an adult entertainment business means and includes any
of the following:
A.
The sale, lease, or sublease of the business;
B.
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange,
or similar means; or
C.
The establishment of a trust, gift, or other
similar legal device which transfers the ownership or control of the
business, except for transfer by bequest, or other operation of law
upon the death of the person possessing the ownership or control.
Adult entertainment businesses are classified
as follows:
B. Adult bookstores, adult novelty stores, or adult video
stores;
E. Adult motion-picture theaters;
The Town shall suspend a license for a period
not to exceed 30 days if it determines that a licensee or an employee
of a licensee has:
A. Violated or is not in compliance with any section
of this chapter;
B. Refused to allow an inspection of the adult entertainment
business premises as authorized by this chapter.
A licensee shall not transfer his/her license
to another, nor shall a licensee operate an adult entertainment business
under the authority, of a license at any place other than the address
designated in the application.
A person commits a misdemeanor if that person operates or causes to be operated an adult entertainment business in any zoning district other than as permitted under the provisions of Chapter
270, Zoning, of the Code of the Town of Ithaca.
A person commits a misdemeanor if the person
knowingly allows a person under the age of 18 years on the premises
of an adult entertainment business.
No adult entertainment business, except for
an adult motel, may remain open at any time between the hours of 1:00
a.m. and 8:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 12:00
p.m. on Sundays.
It is a defense to prosecution under §
100-17 that a person appearing in a state of nudity did so in a modeling class operated:
A. By a proprietary school, licensed by the State of
New York, a college, junior college, or university supported entirely
or partly by public taxation;
B. By a private college or university which maintains
and operates educational programs in which credits are transferable
to a college, junior college, or university supported entirely or
partly by public taxation; or
C. In a structure:
(1) Which has no sign visible from the exterior of the
structure and no other advertising that indicates a nude person is
available for viewing; and
(2) Where, in order to participate in a class a student
must enroll at least three days in advance of the class; and
(3) Where no more than one nude model is on the premises
at any one time.