[HISTORY: Adopted by the Town Board of the
Town of Ithaca 11-16-1998 by L.L. No. 15-1998. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 270.
A.
Purpose. It is the purpose of this chapter to regulate
adult entertainment businesses in order to promote the health, safety,
morals, and general welfare of the citizens of the Town, and to establish
reasonable and uniform regulations to prevent the deleterious location
of adult entertainment businesses within the Town. The provisions
of this chapter have neither the purpose nor effect of imposing a
limitation or restriction on the content of any communicative materials,
including adult entertainment materials. Similarly, it is not the
intent nor effect of this chapter to restrict or deny access by adults
to adult entertainment materials protected by the First Amendment,
or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market. Neither is it the intent nor
effect of this chapter to condone or legitimize the distribution of
obscene material.
B.
Findings. Based on evidence concerning the adverse
secondary effects of adult uses on the community presented in hearings
and in reports made available to the Board, including a study prepared
by the Town's Planning Department, and on findings incorporated in
the cases of Town of Renton v. Playtime Theatres, Inc., 470 U.S. 41
(1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes
v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other
communities including, but not limited to, the Town of Islip, New
York, Los Angeles, California, and New York City, New York, the Board
finds:
(1)
Adult entertainment businesses lend themselves to
ancillary unlawful and unhealthy activities that are presently uncontrolled
by the operators of the establishments. Further, there is presently
no mechanism to make the owners of these establishments responsible
for the activities that occur on their premises.
(2)
Certain employees of adult entertainment businesses
defined in this chapter as adult theaters and cabarets engage in higher
incidence of certain types of illicit sexual behavior than employees
of other establishments.
(3)
Offering, and providing private or semiprivate spaces
with videos or live sex shows encourages activities of a sexual nature,
which creates unhealthy conditions.
(4)
At least 50 communicable diseases may be spread by
activities occurring in adult entertainment businesses, including,
but not limited to, syphilis, gonorrhea, human immunodeficiency virus
infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis,
salmonella infections and shigella infections.
(5)
Since 1981 and to the present, there has been an increasing
cumulative number of reported cases of AIDS caused by the human immunodeficiency
virus (HIV) in the United States and in the State of New York.
(6)
Since 1981 and to the present, there have been an
increasing cumulative number of persons testing positive for the HIV
antibody test in New York and in Tompkins County.
(7)
The number of cases of other sexually transmitted
diseases in the United States reported annually has risen over the
last decade.
(8)
According to the best scientific evidence, AIDS and
HIV infection, as well as syphilis and gonorrhea, are principally
transmitted by sexual acts.
(9)
Sanitary conditions in some adult entertainment businesses
are unhealthy, in part, because the activities conducted there are
unhealthy, and, in part, because of the unregulated nature of the
activities and the failure of the owners and the operators of the
facilities to self-regulate those activities and maintain those facilities.
(10)
Numerous studies and reports have determined that
semen is found in the areas of adult entertainment businesses where
persons view "adult"-oriented films.
(11)
The findings noted in the preceding subsections raise
substantial governmental concerns.
(12)
Adult entertainment businesses have operational characteristics
which should be reasonably regulated in order to protect those substantial
governmental concerns.
(13)
A reasonable licensing procedure is an appropriate
mechanism to place the burden of that reasonable regulation on the
owners and the operators of the adult entertainment businesses. Further,
such a licensing procedure will place a heretofore nonexistent incentive
on the operators to see that the adult entertainment business is run
in a manner consistent with the health, safety and welfare of its
patrons and employees, as well as the citizens of the Town. It is
appropriate to require reasonable assurances that the licensee is
the actual operator of the adult entertainment business, fully in
possession and control of the premises and activities occurring therein.
(14)
Requiring sufficient lighting on premises with adult
booths advances a substantial governmental interest in curbing the
illegal and unsanitary sexual activity occurring in adult theaters.
(15)
Requiring licensees of adult entertainment businesses
to keep information regarding current employees and certain past employees
will help reduce the incidence of certain types of criminal behavior
by facilitating the identification of potential witnesses or suspects
and by preventing minors from working in such establishments.
(16)
The disclosure of certain information by those persons
ultimately responsible for the day-to-day operation and maintenance
of the adult entertainment business, where such information is substantially
related to the significant governmental interest in the operation
of such uses, will aid in preventing the spread of sexually transmitted
diseases.
(17)
It is desirable in the prevention of the spread of
communicable diseases to obtain a limited amount of information regarding
certain employees who may engage in the conduct which this chapter
is designed to prevent or who are likely to be witnesses to such activities.
(18)
The fact that an applicant for an adult use license
has been convicted of a sexually related crime leads to the rational
assumption that the applicant may engage in that conduct in contravention
of this chapter.
(19)
The barring of such individuals from the management
of adult uses for a period of years serves as a deterrent to and prevents
conduct which leads to the transmission of sexually transmitted diseases.
(20)
The general welfare, health, morals and safety of
the citizens of the Town will be promoted by the enactment of this
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
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."
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:
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
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, 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."
A nightclub, bar, restaurant, 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"; or
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."
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.
A hotel, motel or similar commercial establishment which:
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
Offers a sleeping room for rent for a period
of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
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."
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."
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.
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.
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.
Includes any of the following:
The opening or commencement of any adult entertainment
business as a new business;
The conversion of an existing business, whether
or not an adult entertainment business, to any adult entertainment
business;
The addition of any adult entertainment business
to any other existing adult entertainment business; or
The relocation of any adult entertainment business.
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.
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:
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
Where in order to participate in a class a student
must enroll at least three days in advance of the class; and
Where no more than one nude or seminude model
is on the premises at any one time.
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.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
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.
Any of the following offenses:
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;
For which:
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;
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
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.
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.
Any of the following:
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.
Of an adult entertainment business means and includes any
of the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange,
or similar means; or
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:
A.
It is unlawful:
(1)
For any person to operate an adult entertainment business
without a valid adult entertainment business license issued by the
Town pursuant to this chapter.
(2)
For any person who operates an adult entertainment
business to employ a person to work for the adult entertainment business
who is not licensed as an adult entertainment business employee by
the Town pursuant to this chapter.
(3)
For any person to obtain employment with an adult
entertainment business without having secured an adult entertainment
business employee license pursuant to this chapter.
B.
An application for a license must be made on a form
provided by the Town.
C.
All applicants must be qualified according to the
provisions of this chapter. The application may request and the applicant
shall provide such information (including fingerprints) as to enable
the Town to determine whether the applicant meets the qualifications
established in this chapter.
D.
If a person who wishes to operate an adult entertainment
business is an individual, the person must sign the application for
a license as applicant. If a person who wishes to operate an adult
entertainment business is other than an individual, each individual
who has a 20% or greater interest in the business must sign the application
for a license as applicant. Each applicant must be qualified under
the following section and each applicant shall be considered a licensee
if a license is granted.
E.
The completed application for an adult entertainment
business license shall contain the following information and shall
be accompanied by the following documents:
(1)
If the applicant is:
(a)
An individual, the individual shall state his/her
legal name and any aliases and submit proof that he/she is at least
18 years of age;
(b)
A partnership, the partnership shall state its
complete name, and the names of all partners, whether the partnership
is general or limited, and submit a copy of the partnership agreement,
if any;
(c)
A corporation, the corporation shall state its
complete name, the date of its incorporation, evidence that the corporation
is in good standing under the laws of its state of incorporation and
that it is qualified to do business in the State of New York, the
names and capacity of all officers, directors and principal stockholders,
and the name of the registered corporate agent and the address of
the registered office for service of process.
(3)
Whether the applicant, or a person residing with the
applicant, has been convicted of a specified criminal activity as
defined in this chapter, and, if so, the specified criminal activity
involved, the date, place, and jurisdiction of each conviction.
(4)
Whether the applicant, or a person residing with the
applicant, has had a previous license under this chapter or other
similar adult entertainment business local laws from another state
or municipality or county denied, suspended or revoked, including
the name and location of the adult entertainment business for which
the permit was denied, suspended or revoked, as well as the date of
the denial, suspension or revocation, and whether the applicant or
a person residing with the applicant has been a partner in a partnership
or an officer, director or principal stockholder of a corporation
that is licensed under this chapter whose license has previously been
denied, suspended or revoked, including the name and location of the
adult entertainment business for which the permit was denied, suspended
or revoked as well as the date of denial, suspension or revocation.
(5)
Whether the applicant or a person residing with the
applicant holds any other licenses under this chapter or other similar
adult entertainment business local law from another state or municipality
and, if so, the names and locations of such other licensed businesses.
(6)
The single classification of license for which the
applicant is filing.
(7)
The location of the proposed adult entertainment business,
including a legal description of the property, street address, and
telephone number(s), if any.
(8)
The applicant's mailing address and residential address.
(9)
A recent photograph of the applicant(s).
(10)
The applicant's driver's license number, social security
number, and/or his/her state or federally issued tax identification
number.
(11)
A sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the
business. The sketch or diagram need not be professionally prepared,
but it must be drawn to a designated scale or drawn with marked dimensions
of the interior of the premises to an accuracy of plus or minus six
inches.
(12)
A current certificate and map prepared within 60 days
prior to application by a registered land surveyor depicting the property
lines and the structures containing any existing adult entertainment
businesses within 280 feet of the property to be certified; the property
lines of any established religious institution, school, or public
park or recreation area within 280 feet of the property to be certified.
For purposes of this section, a use shall be considered existing or
established if it is in existence at the time an application is submitted.
(13)
If an applicant wishes to operate an adult entertainment business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in § 100-14.
F.
Before any applicant may be issued an adult entertainment
business employee license, the applicant shall submit on a form to
be provided by the Town the following information:
(1)
The applicant's name and any other name (including
"stage" names) and aliases used by the individual;
(2)
Age, date, and place of birth;
(3)
Height, weight, hair and eye color;
(4)
Present residence address and telephone number;
(5)
Present business address and telephone number;
(6)
Date, issuing state and number of driver's permit
or other identification card information;
(7)
Social security number; and
(8)
Proof that the individual is at least 18 years of
age.
G.
Attached to the application form for an adult entertainment
business employee license, as provided above, shall be the following:
(1)
A color photograph of the applicant clearly showing
the applicant's face, and the applicant's fingerprints on a form provided
by the Police Department or the Town. Any fees for the photographs
and fingerprints shall be paid by the applicant.
(2)
A statement detailing the license history of the applicant
for the five years immediately preceding the date of the filing of
the application, including whether such applicant previously operated
or is seeking to operate, in this or any other municipality, state,
or country, an adult entertainment business, and whether the applicant
has ever had a license, permit, or authorization to do business denied,
revoked, or suspended, or had any professional or vocational license
or permit denied, revoked, or suspended. In the event of any such
denial, revocation, or suspension, state the name of the license,
permit or authorization, the name of the issuing or denying jurisdiction,
and describe in full the reason for the denial, revocation, or suspension.
A copy of any order of denial, revocation, or suspension shall be
attached to the application.
(3)
A statement whether the applicant has been convicted
of a specified criminal activity as defined in this chapter and, if
so, the specified criminal activity involved, the date, place and
jurisdiction of each.
A.
Upon the filing of said application for an adult entertainment
business employee license, the Town shall issue a temporary license
to said applicant. The application shall then be referred to the appropriate
Town or county departments for an investigation to be made on such
information as is contained on the application. The application process
shall be completed within 30 days from the date the completed application
is filed.
(1)
After the investigation, the Town shall issue a license,
unless it is determined by a preponderance of the evidence that one
or more of the following findings is true:
(a)
The applicant has failed to provide information
reasonably necessary for issuance of the license or has falsely answered
a question or request for information on the application form;
(b)
The applicant is under the age of 18 years;
(c)
The applicant has been convicted of a "specified
criminal activity" as defined in this chapter;
(d)
The adult entertainment business employee license
is to be used for employment in a business prohibited by local or
state law, statute, rule or regulation, or prohibited by a particular
provision of this chapter; or
(e)
The applicant has had an adult entertainment
business employee license revoked by the Town within two years of
the date of the current application.
B.
A license granted pursuant to this section (whether an adult entertainment business employee license or an adult entertainment business license) shall be subject to annual renewal upon the written application of the applicant and a finding by the Town that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 100-6.
C.
Within 30 days after receipt of a completed adult
entertainment business application, the Town shall approve or deny
the issuance of a license to an applicant. The Town shall approve
the issuance of a license to an applicant unless it is determined
by a preponderance of the evidence that one or more of the following
findings is true:
(1)
An applicant is under 18 years of age.
(2)
An applicant or a person with whom applicant is residing
is overdue in payment to the Town of taxes, fees, fines, or penalties
assessed against or imposed upon him/her in relation to any business.
(3)
An applicant has failed to provide information reasonably
necessary for issuance of the license or has falsely answered a question
or request for information on the application form.
(4)
An applicant or a person with whom the applicant is
residing has been denied a license by the Town to operate an adult
entertainment business within the preceding 12 months or whose license
to operate an adult entertainment business has been revoked within
the preceding 12 months.
(5)
An applicant or a person with whom the applicant is
residing has been convicted of a specified criminal activity defined
in this chapter.
(6)
The premises to be used for the adult entertainment
business have not been approved by the Health Department, Fire Department,
or the Building Official as being in compliance with applicable laws
and local laws.
(7)
The license fee required by this chapter has not been
paid.
(8)
An applicant or the proposed establishment is in violation
of or is not in compliance with any of the provisions of this chapter.
D.
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the adult entertainment business and the classification for which the license is issued pursuant to § 100-3. All licenses shall be posted in a conspicuous place at or near the entrance to the adult entertainment business so that they may be easily read at any time.
E.
The Health Department, Fire Department, and the Building
Official shall complete their certification that the premises is in
compliance or not in compliance within 20 days of receipt of the application
by the Town.
A.
Every application for a new adult entertainment business
license shall be accompanied by the nonrefundable application and
investigation fee set from time to time by Town Board resolution.
[Amended 12-7-2009 by L.L. No. 17-2009[1]]
[1]
Editor's Note: This local law also provided for an effective
date of 1-1-2010.
B.
Every application for a renewal of an adult entertainment
business license shall be accompanied by the nonrefundable application
and investigation fee set from time to time by Town Board resolution.
[Amended 12-7-2009 by L.L. No. 17-2009[2]]
[2]
Editor's Note: This local law also provided for an effective
date of 1-1-2010.
C.
Every application for an adult entertainment business
employee license (whether for a new license or for renewal of an existing
license) shall be accompanied by the annual nonrefundable application,
investigation and license fee set from time to time by Town Board
resolution.
[Amended 12-7-2009 by L.L. No. 17-2009[3]]
[3]
Editor's Note: This local law also provided for an effective
date of 1-1-2010.
D.
All license applications and fees shall be submitted
to the Town Clerk of the Town.
A.
An applicant or licensee shall permit representatives
of any law enforcement agency, Health Department, Fire Department,
Zoning Department, or other Town departments or agencies to inspect
the premises of an adult entertainment business for the purpose of
insuring compliance with the law, at any time it is occupied or open
for business.
B.
A person who operates an adult entertainment business
or his agent or employee commits a misdemeanor if he refuses to permit
such lawful inspection of the premises at any time it is open for
business.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 100-4. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected.
B.
When the Town denies renewal of a license, the applicant
shall not be issued a license for one year from the date of denial.
If, subsequent to denial, the Town finds that the basis for denial
of the renewal license has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date denial became final.
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.
The Town shall revoke a license if a cause of suspension in § 100-9 occurs and the license has been suspended within the preceding 12 months.
B.
The Town shall revoke a license if it determines that:
(1)
A licensee gave false or misleading information in
the material submitted during the application process;
(2)
A licensee has knowingly allowed possession, use,
or sale of controlled substances on the premises;
(3)
A licensee has knowingly allowed prostitution on the
premises;
(4)
A licensee knowingly operated the adult entertainment
business during a period of time when the licensee's license was suspended;
(5)
Except in the case of an adult motel, a licensee has
knowingly allowed any act of sexual intercourse, sodomy, oral copulation,
masturbation, or other sex act to occur in or on the licensed premises;
or
C.
When the Town revokes a license, the revocation shall
continue for one year, and the licensee shall not be issued an adult
entertainment business license for one year from the date the revocation
became effective. If, subsequent to revocation, the Town finds that
the basis for the revocation has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date the revocation became effective.
D.
After denial of an application, or denial of a renewal
of an application, or suspension or revocation of any license, the
applicant or licensee may seek judicial review of such administrative
action pursuant to Article 78 or the Civil Practice Law and Rules
(or any similar successor statute) in any court of competent jurisdiction.
Such special proceeding shall be brought within four months of the
date of the denial, suspension or revocation.
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.
Evidence that a sleeping room in a hotel, motel, or
a similar commercial establishment has been rented and vacated two
or more times in a period of time that is less than 10 hours creates
a rebuttable presumption that the establishment is an adult motel
as that term is defined in this chapter.
B.
A person commits a misdemeanor if, as the person in
control of a sleeping room in a hotel, motel, or similar commercial
establishment that does not have an adult entertainment license, he
rents or subrents a sleeping room to a person and, within 10 hours
from the time the room is rented, he rents or subrents the same sleeping
room again.
A.
A person who operates or causes to be operated an
adult entertainment business, other than an adult motel, which exhibits
on the premises in a viewing room of less than 150 square feet of
floor space, a film, video cassette, live entertainment, or other
video reproduction which depicts specified sexual activities or specified
anatomical areas shall comply with the following requirements:
(1)
Upon application for an adult entertainment license,
the application shall be accompanied by a diagram of the premises
showing a plan thereof specifying the location of one or more manager's
stations and the location of all overhead lighting fixtures and designating
any portion of the premises in which patrons will not be permitted.
A manager's station may not exceed 32 square feet of floor area. The
diagram shall also designate the place at which the permit will be
conspicuously posted, if granted. A professionally prepared diagram
in the nature of an engineer's or architect's blueprint shall not
be required; however, each diagram should be oriented to the North
or to some designated street or object and should be drawn to a designated
scale or with marked dimensions sufficient to show the various internal
dimensions of all areas of the interior of the premises to an accuracy
of plus or minus six inches. The Town may waive the foregoing diagram
for renewal applications if the applicant adopts a diagram that was
previously submitted and certifies that the configuration of the premises
has not been altered since it was prepared.
(2)
The application shall be sworn to be true and correct
by the applicant.
(3)
No alteration in the configuration or location of
a manager's station may be made without the prior approval of the
Town.
(4)
It is the duty of the licensee of the premises to
ensure that at least one licensed employee is on duty and situated
in each manager's station at all times that any patron is present
inside the premises.
(5)
No viewing room may be occupied by more than one person
at any time.
(6)
The premises shall be equipped with overhead lighting
fixtures of sufficient intensity to illuminate every place to which
patrons are permitted access at an illumination of not less than five
footcandles as measured at the floor level.
(7)
It shall be the duty of the licensee to ensure that
the illumination described above is maintained at all times that any
patron is present in the premises.
(8)
No licensee shall allow openings of any kind to exist
between viewing rooms or booths.
(9)
No person shall make or attempt to make an opening
of any kind between viewing booths or rooms.
(10)
The licensee shall, during each business day,
regularly inspect the walls between the viewing booths to determine
if any openings or holes exist.
(11)
The licensee shall cause all floor coverings
in viewing booths to be nonporous, easily cleanable surfaces, with
no rugs or carpeting.
(12)
The licensee shall cause all wall surfaces and
ceiling surfaces in viewing booths to be constructed of, or permanently
covered by, nonporous, easily cleanable material. No wood, plywood,
composition board or other porous material shall be used within 48
inches of the floor.
A.
A nude model studio shall not employ any person under
the age of 18 years.
B.
A person under the age of 18 years commits an offense
if the person appears seminude or in a state of nudity in or on the
premises of a nude model studio. It is a defense to prosecution under
this subsection if the person under 18 years was in a rest room not
open to public view or visible to any other person.
C.
A person commits an offense if the person appears
in a state of nudity, or knowingly allows another to appear in a state
of nudity in an area of a nude model studio premises which can be
viewed from the public right-of-way.
D.
A nude model studio shall not place or permit a bed,
sofa, or mattress in any room on the premises, except that a sofa
may be placed in a reception room open to the public.
A.
It shall be a misdemeanor for a person to knowingly
or intentionally in an adult entertainment business appear in a nude
or seminude condition unless the person is an employee who, while
nude or seminude, shall be at least six feet from any patron or customer
and on a stage at least 18 inches from the floor.
B.
It shall be a misdemeanor for an employee, while nude
or seminude in an adult entertainment business, to solicit any pay
or gratuity from any patron or customer or for any patron or customer
to pay or give any gratuity to any employee, while said employee is
nude or seminude in an adult entertainment business.
C.
It shall be a misdemeanor for an employee, while nude
or seminude, to touch a customer or the clothing of a customer.
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.
A.
A person who operates or causes to be operated an
adult entertainment business without a valid license or in violation
of any other provision of this chapter is subject to a suit for injunction
as well as prosecution for criminal violations.
B.
Except where a violation of this chapter is stated
to be a misdemeanor, each violation of any provision shall be punishable
by a fine of up to $200 or up to 30 days' imprisonment or both.
C.
Violations which are stated to be misdemeanors shall
be considered unclassified misdemeanors under the Penal Law and shall
be punishable as set forth in the Penal Law.
D.
Each day a person or business acts or operates in
violation of any provision of this chapter shall constitute a separate
offense or violation.
