City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Rochester City Council 9-19-2000 by Ord. No. 2000-300. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Code Violations Bureau — See Ch. 13A.
Amusements — See Ch. 29.
Dance halls — See Ch. 46.
Licenses for businesses and trades — See Ch. 68.
Zoning — See Ch. 120.
A. 
Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any speech, including sexually oriented speech. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to speech protected by the First Amendment and New York Constitution, or to deny access by the distributors and exhibitors of sexually oriented speech 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. The Mayor and members of the City Council of the City of Rochester are all residents of the City and represent one of the four districts in the City or the City at-large. The Mayor and members of the Council are familiar with the City, the locations of sexually oriented businesses in the City, and the issues raised by those types of businesses in the City and throughout the country. The Mayor and Council are also cognizant that AIDS, hepatitis and other sexually transmitted diseases are serious health concerns in the local community. Based on the Mayor and Council's local knowledge and evidence concerning the impacts or "secondary effects" of adult uses on the community, as presented in hearings and in reports made available to the Council. in cases and proceedings involving businesses in the City, on findings involving the effects of sexually oriented businesses and public nudity incorporated in judicial decisions such as, but not limited to, Town of Islip v. Caviglia, 73 N.Y.2d 544 (1989); Stringfellow's of New York, Ltd. v. City of New York, 91 N.Y.2d 382 (1998); City of Erie v. Pap's A.M., 146 L. Ed.2d 265 (2000); City of Renton v. Playtime Theatres. Inc., 475 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, Kansas City, Missouri; Newport News, Virginia; St. Paul, Minnesota; Whittier, California; Phoenix, Arizona; Indianapolis, Indiana; Austin, Texas; Seattle, Washington and Tucson, Arizona; and from manuals and books such as "An Educational Manual on How to Regulate the Location of Adult Businesses Through Zoning," developed by the Massachusetts Chapter of American Planning Association and the Massachusetts City Solicitors and Town Counsel Association; 'Location of Adult Businesses, 2000 Edition,"by Jules B. Gerard (West Group 1999); "Protecting Communities from Sexually Oriented Businesses," by Len L. Munsil (Southwest Legal Press, Inc. 1996); and also on findings from the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the Mayor and Council find:
(1) 
Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are not properly controlled by the operators of the establishments. Further, there are not adequate legal provisions making the owners of these establishments responsible for the activities that occur on their premises.
(2) 
Employees of sexually oriented businesses engage in or may be requested to engage in sexual behavior as a result of the type of employment in which they are engaged.
(3) 
Sexual acts, including masturbation, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos or live sex shows.
(4) 
The "entertainment" offered at sexually oriented businesses often encourages sexual activities, which create unhealthy conditions.
(5) 
Persons frequent certain sexually oriented businesses for the purpose of engaging in sexual activities within the premises of such sexually oriented businesses.
(6) 
Communicable diseases may be spread by sexual activities, including, but not limited to, human immunodeficiency virus (HIV), AIDS, hepatitis B, and venereal diseases.
(7) 
AIDS, HIV, hepatitis B and venereal diseases are serious health concerns in the local community.
(8) 
Sanitary conditions in some sexually oriented 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 regulate those activities and maintain those facilities.
(9) 
Numerous studies and reports have determined that semen is found in certain areas of sexually oriented businesses, particularly where persons view "adult" oriented films or "adult" entertainment, and similar findings have been made in sexually oriented businesses in the City. In addition, an adult theater in the City has been the setting for sexual acts, and live performers in sexually oriented businesses in the City have performed acts of masturbation in front of customers for pay and have encouraged the customers to do the same, and have performed "lap dances" for customers and/or encouraged touching of or by customers while they were in various stages of undress.
(10) 
Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect the substantial governmental concerns raised by the various findings herein.
(11) 
A licensing procedure is an appropriate mechanism to place the burden of reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place an incentive on the operators to see that the sexually oriented 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 City. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, and fully in possession and control of the premises and activities occurring therein.
(12) 
Requiring licensees of sexually oriented businesses to keep information regarding current employees will help reduce the incidence of certain types of behavior by facilitating the identification of potential witnesses or participants and by preventing minors from working in such establishments.
(13) 
The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in assuring that the sexually oriented business is operated appropriately.
(14) 
It is desirable in the prevention of illegal activities and 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 activity.
(15) 
The fact that an applicant for an adult license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in sexually oriented businesses in which sexual activities often occur.
(16) 
The barring of such individuals from association with adult uses for a period of years serves as a deterrent to and prevents conduct which leads to unwanted sexual activities.
(17) 
Regulations separating the performers who appear nude or seminude in sexually oriented businesses from the patrons or customers protect the performers, reduce the opportunity for illegal activities between performers and patrons or customers and do not interfere with the content of any performance.
(18) 
Information from the Rochester Police Department shows that acts of prostitution have frequently occurred in body rub parlors in the City and that licensing provisions have not been effective in controlling such activities, and the Council thus determines that body rubs should only be conducted for compensation by certain licensed professionals or athletic trainers.
(19) 
The Council further determines that sexual encounter centers, as defined herein, do not serve a legitimate purpose, offer a location at which sexual activities and acts of prostitution can readily occur, and provide a location at which sexually transmitted diseases may be spread. The Council thus determines that sexual encounter centers should be prohibited.
(20) 
The Council further determines that adult hotels or motels, as defined herein, offer a location at which sexual activities and acts of prostitution can readily occur due to the offering of short-term or hourly rooms with beds, and provide a location at which sexually transmitted diseases may be spread. The Council thus determines that adult hotels or motels should be prohibited.
(21) 
The general welfare, health, morals and safety of the citizens of the City will be promoted by the enactment of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT ARCADE
A business enterprise which offers or maintains one or more adult video viewing booths.
ADULT CABARET
A business enterprise which regularly features or offers, to the public, customers or members, performances by persons who appear nude or seminude or live performances that are characterized by their emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT HOTEL or ADULT MOTEL
A hotel, motel or similar business enterprise which 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.
ADULT MOVIE THEATER
A business enterprise which regularly features or offers to the public the presentation of motion-picture films, movies or sound recordings which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities and which are presented to a common audience of more than five persons in an enclosed common area or are presented in a common area of more that 150 square feet.
ADULT RETAIL STORE
A business enterprise which meets any of the following tests:
A. 
Offers for sale or rental items from any two of the following categories:
(1) 
Sexually oriented materials;
(2) 
Lingerie; or
(3) 
Leather goods which are marketed or presented in a context to suggest their use in connection with specified sexual activities.
B. 
Offers for sale sexually oriented toys and novelties, except a business enterprise which devotes less than 10% of its stock in trade and sales and display area to sexually oriented materials, with all sexually oriented toys and novelties separated from other sales and display areas by an opaque wall at least eight feet in height with a management-controlled system of access to ensure that only persons over the age of 18 years are allowed to enter the area.
C. 
Devotes more than 10% of its stock in trade or sales and display area to sexually oriented materials without having all sexually oriented materials separated from other sales and display areas by an opaque wall at least eight feet in height with a management-controlled system of access to ensure that only persons over the age of 18 years are allowed to enter the area.
D. 
Devotes more than 40% of its stock in trade or sales and display area to sexually oriented materials.
E. 
Offers sexually oriented materials and advertises or holds itself out in signage visible from the public right of way as "X," "adult," "sex" or otherwise as a sexually oriented business.
ADULT RETAIL STORE, LIMITED
A business enterprise which offers for sale or rental sexually oriented materials, and which devotes at least 10% and not more than 40% of its stock in trade or sales and display area to sexually oriented materials, provided that:
A. 
The following items are not also offered for sale:
(1) 
Lingerie; or
(2) 
Leather goods which are marketed or presented in a context to suggest their use in connection with specified sexual activities
B. 
All sexually oriented materials are separated from other sales and display areas by an opaque wall at least eight feet in height with a management-controlled system of access to ensure that only persons over the age of 18 years are allowed to enter the area; and
C. 
The business enterprise does not advertise or hold itself out in signage visible from the public right-of-way as "X," "adult," "sex" or otherwise as a sexually oriented business.
ADULT VIDEO VIEWING BOOTH
Coin- or slug-operated, or electronically or mechanically controlled, still- or motion-picture machines, projectors or other image-producing devices which present visual or audio material of any kind which is characterized by its emphasis on the description or depiction of specified anatomical areas or specified sexual activities and which are designed to be viewed by five or fewer persons per machine at any one time or are located in a room or booth of less than 150 square feet. No part of this definition shall be construed to permit more than one person to occupy an adult video viewing booth at any time.
BODY RUB PARLOR
A business enterprise where body rub services are provided in order to induce relaxation or for other purposes, and which is not a massage establishment.
BUSINESS ENTERPRISE
Any business or place where, for consideration, goods, merchandise, services or entertainment are offered.
CONSIDERATION
The payment of money or the exchange of any item or services of value for:
A. 
The right to enter the business premises, or any portion thereof;
B. 
The right to remain on the business premises, or any portion thereof;
C. 
The right to purchase any item permitting the right to enter, or remain on, the business premises, or any portion thereof.
D. 
The right to a membership permitting the right to enter, or remain on, the business premises, or any portion thereof; or
E. 
The right to obtain any services, buy or rent any items or view any entertainment in a sexually oriented business.
CUSTOMER
Any person present in a sexually oriented business when open for business, except an employee of the business or a person making deliveries or performing maintenance or repairs to the premises.
EMPLOYEE
Any person who works or performs in or at, or renders any services directly related to the operation of, a sexually oriented business, whether such 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 the business.
LICENSEE
A person in whose name a license to operate a sexually oriented business has been issued, as well as individuals listed as applicants on the application for a license; and in the case of a manager or employee, a person in whose name a sexually oriented business manager license or a sexually oriented business employee license has been issued authorizing such employment.
MANAGER
Any person who manages, directs, administers or is in charge of the affairs or conduct of any activity occurring at a sexually oriented business, either in conjunction with a licensee or in the absence of the licensee.
MASSAGE ESTABLISHMENT
A business enterprise offering massage conducted by persons engaged in the practice of medicine, nursing, osteopathy, physiotherapy, chiropractic, podiatry or massage therapy for which they are licensed by the State of New York, or persons under the direct supervision and control of such licensed persons.
NUDE
The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the covered male genitals in a discernibly turgid state.
OPERATOR
A licensee or any person operating, conducting or maintaining a sexually oriented business.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
PREMISES
The building in which a sexually oriented business is conducted as well as its surrounding yard and parking area and any additional parking areas required for compliance with the Zoning Code.[1]
[Amended 11-19-2002 by Ord. No. 2002-354]
SEMINUDE
The showing of the female breast with less than a full opaque covering of any portion thereof below the top of the areola, 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 that the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER
A business enterprise in which a person may view, or may participate in, specified sexual activities.
SEXUALLY ORIENTED BOOKS AND VIDEOS
Books, magazines, pamphlets, pictures, drawings, photographs, video tapes, digital video disks, motion-picture films or sound recordings, or printed, visual and audio material of any kind, which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities.
SEXUALLY ORIENTED BUSINESS
An adult retail store, adult arcade, adult cabaret or adult movie theater and, except for purposes of business and manager licensing, a limited adult retail store. For purposes of the definitions of "employee" and "manager" and the regulations found in §§ 98-21 and 98-22, a sexually oriented business shall also include any business enterprise where activities prohibited in §§ 98-21 and 98-22 are occurring, or a business enterprise which offers at any time to the public, customers or members, performances by persons who appear nude or seminude or live performances that are characterized by their emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities, whether such business is licensed or unlicensed and whether such activities occur regularly or on one occasion only.
[Amended 11-19-2002 by Ord. No. 2002-353]
SEXUALLY ORIENTED MATERIALS
All sexually oriented toys and novelties and sexually oriented books and videos.
SEXUALLY ORIENTED TOYS AND NOVELTIES
Instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs, except medical devices approved by the Food and Drug Administration.
SPECIFIED ANATOMICAL AREAS
Any showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses, as defined in the New York State Penal Law, or any similar offenses under the criminal or penal code of other states or countries:
A. 
Prostitution offenses; obscenity and related offenses; sexual performance by a child; possession or distribution of child pornography; offenses against public sensibilities; sex offenses; unlawfully dealing with a child;
[Amended 12-18-2001 by Ord. No. 2001-421[2]]
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 two-year period.
C. 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES
Acts of masturbation, sexual intercourse, oral or anal copulation; fondling of another's genitals, pubic area, buttocks or female breasts, whether clothed or unclothed; human male or female genitals when in a state of sexual stimulation or arousal; or excretory functions or sexual acts with animals.
[Amended 12-18-2001 by Ord. No. 2001-421[3]]
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
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.
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.
[1]
Editor's Note: See Ch. 120, Zoning.
[2]
Editor's Note: This ordinance provided that it take effect 2-1-2002.
[3]
Editor's Note: This ordinance provided that it take effect 2-1-2002.
A. 
Sexually oriented businesses which are required to be licensed hereunder are classified as follows:
(1) 
Adult retail store.
(2) 
Adult arcade.
(3) 
Adult cabaret.
(4) 
Adult movie theater.
B. 
A sexually oriented business license shall issue for only one classification. However, a limited adult retail store or adult retail store which offered or maintained on November 11, 1999, one or more adult video viewing booths and has continued to offer or maintain any such adult video viewing booths through the effective date of this chapter may still offer the same number of booths which have been so continued and may be issued an adult arcade license for such booths, which for such an adult retail store shall not be considered an additional classification. Such rights shall terminate if the adult video viewing booths are discontinued.
[Amended 11-19-2002 by Ord. No. 2002-353]
A. 
It is unlawful:
(1) 
For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the City pursuant to this chapter.
(2) 
For any person who operates or manages a sexually oriented business to employ or allow to work or perform in a sexually oriented business a person who appears nude or seminude who is not licensed as required by this chapter.
[Amended 11-19-2002 by Ord. No. 2002-353]
(3) 
For any person who operates a sexually oriented business to allow the business to be open without a designated manager on duty, which manager shall be licensed by the City if the business is an adult cabaret. The name of the manager on duty at any time shall be prominently displayed at or near the manager's station in the public area of the sexually oriented business. For sexually oriented businesses other than adult cabarets, the operator shall with reasonable diligence investigate the background of its managers and shall certify to the City, within five days of employment, that its managers are at least 18 years of age and have not been convicted of a specified criminal activity; or within five days of employment, the operator shall provide the Chief of Police or his or her designee with the name and date of birth of its managers so that the Chief of Police or his or her designee can investigate the background of the managers. No person shall serve as a manager of a sexually oriented business unless the person is at least 18 years of age and has not been convicted of a specified criminal activity.
[Amended 11-19-2002 by Ord. No. 2002-353; 9-19-2006 by Ord. No. 2006-293]
(4) 
For any person to act as a manager of an adult cabaret without having secured a sexually oriented business manager license pursuant to this chapter.
[Amended 11-19-2002 by Ord. No. 2002-353]
(5) 
For any employee to appear nude or seminude at a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.
(6) 
For any person who operates an adult cabaret to employ or allow to work in an adult cabaret a manager who is not licensed as required by this chapter.
[Added 11-19-2002 by Ord. No. 2002-353]
B. 
The requirement to obtain a sexually oriented business employee license shall not apply to a person residing outside the Rochester Standard Metropolitan Statistical Area who appears nude or seminude at a sexually oriented business for a single engagement in any year extending less that 10 consecutive days. Such person shall supply to the licensee and manager of the sexually oriented business his or her name, address, date of birth, and dates of engagement. The licensee and manager shall maintain a record containing such information which is secured in the premises of the sexually oriented business so that it may be immediately retrieved and shown to a police officer upon demand during all hours that the sexually oriented business is open.
[Amended 9-19-2006 by Ord. No. 2006-293]
A. 
An application for a sexually oriented business license must be made to the City Clerk on a form provided by the City.
B. 
All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information as to enable the City to determine whether the applicant meets the qualifications established in this chapter.
C. 
If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. Each applicant must be qualified according to the provisions of this chapter, and each applicant shall be considered a licensee if a license is granted.
[Amended 12-18-2001 by Ord. No. 2001-421[1]]
[1]
Editor's Note: This ordinance provided that it take effect 2-1-2002.
D. 
The completed application for a sexually oriented 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 or her legal name and any aliases and submit proof that he or she is at least 18 years of age.
[Amended 2-14-2006 by Ord. No. 2006-22]
(b) 
A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and 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, the names and capacity of all officers and directors, and the name of the registered corporate agent and the address of the registered office for service of process.
[Amended 12-18-2001 by Ord. No. 2001-421[2]]
[2]
Editor's Note: This ordinance provided that it take effect 2-1-2002.
(2) 
If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business's fictitious name and submit copies of the registration documents.
(3) 
Whether the applicant has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, and the date, place and jurisdiction of each.
(4) 
Whether the applicant has had a previous personal or business license under this chapter or other similar sexually oriented business chapters from another City or county denied, suspended or revoked, including the name and location of any sexually oriented 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 has been a partner in a partnership or an officer or director 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 sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
[Amended 12-18-2001 by Ord. No. 2001-421[3]]
[3]
Editor's Note: This ordinance provided that it take effect 2-1-2002.
(5) 
Whether the applicant holds any other personal or business licenses under this chapter or other similar sexually oriented business chapter from another City or county and the names and locations of any such other licensed businesses.
(6) 
The classification of license for which the applicant is filing.
(7) 
The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
(8) 
The applicant's mailing address.
[Amended 12-18-2001 by Ord. No. 2001-421[4]][5]
[4]
Editor's Note: This ordinance provided that it take effect 2-1-2002.
[5]
Editor's Note: Former Subsection D(9), regarding social security numbers, as amended, was repealed 9-19-2006 by Ord. No. 2006-293.
A. 
An application for a sexually oriented business manager license or a sexually oriented business employee license must be made to the City Clerk on a form provided by the City.
B. 
All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information as to enable the City to determine whether the applicant meets the qualifications established in this chapter.
C. 
Before any applicant may be issued a sexually oriented business manager license or a sexually oriented business employee license, the applicant shall submit, on a form to be provided by the City, the following information:
(1) 
The applicant's name or any other name (including "stage" names) or aliases used by the individual.
(2) 
Age and date of birth.
[Amended 12-18-2001 by Ord. No. 2001-421[1]]
[1]
Editor's Note: This ordinance provided that it take effect 2-1-2002.
(3) 
Height, weight, hair and eye color.
(4) 
Present business address and telephone number.[2]
[2]
Editor's Note: Former Subsection C(4), requiring the applicant's present residence address and telephone number, was repealed 12-18-2001 by Ord. No. 2001-421, effective 2-1-2002. This ordinance also repealed former Subsection C(6), requiring driver's license information, and renumbered Subsection C(5) through (8) as C(4) through (6), respectively.
(5) 
Proof that the individual is at least 18 years of age.[3]
[3]
Editor's Note: Former Subsection C(5), regarding social security numbers, was repealed 9-19-2006 by Ord. No. 2006-293 and former Subsection C(6) was renumbered as C(5).
D. 
Attached to the application form for a sexually oriented business manager license or a sexually oriented business employee license shall be the following:
(1) 
Not fewer than four unmounted, unretouched colored photographs of the applicant clearly showing the applicant's face, taken within 30 days preceding the filing of the application. Each photograph shall be two inches by three inches in size.
(2) 
Whether the applicant has had a previous personal or business license under this chapter or other similar sexually oriented business chapters from another City or county denied, suspended or revoked, including the name and location of any sexually oriented 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 has been a partner in a partnership or an officer or director 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 sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
[Amended 12-18-2001 by Ord. No. 2001-421[4]]
[4]
Editor's Note: This ordinance provided that it take effect 2-1-2002.
(3) 
Whether the applicant holds any other personal or business licenses under this chapter or other similar sexually oriented business chapter from another City or county and the names and locations of any such other licensed businesses.
(4) 
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, and the date, place and jurisdiction of each.
A licensee holding a sexually oriented business license shall not also be required to obtain an entertainment center license or a dance license for the same premises, but shall obtain any necessary amusement center and amusement game licenses.
The Chief of Police shall be the issuing authority for a sexually oriented business license, a sexually oriented business manager license and a sexually oriented business employee license.
A. 
Upon the filing of an application for a sexually oriented business manager license or a sexually oriented business employee license, the Chief of Police shall issue a temporary license to said applicant unless it can be immediately determined that the applicant does not meet one or more of the requirements that would justify a denial.
B. 
The application process shall be completed within 30 days from the date the completed application for a sexually oriented business manager license or a sexually oriented business employee license is filed. After the investigation, the Chief of Police shall issue a license, unless it is determined that one or more of the following is true:
(1) 
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.
(2) 
The applicant is under the age of 18 years.
(3) 
The applicant has been convicted of a specified criminal activity.
(4) 
The 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.
(5) 
The license fee required by this chapter has not been paid.
(6) 
The applicant has had a sexually oriented business license, a sexually oriented business manager license or a sexually oriented business employee license revoked by the City within two years of the date of the current application.
[Amended 12-18-2001 by Ord. No. 2001-421[1]]
[1]
Editor's Note: This ordinance provided that it take effect 2-1-2002.
C. 
If the license is denied, a temporary license previously issued is immediately deemed null and void.
D. 
The denial of a license shall be subject to the restriction set forth in § 98-17.[2]
[2]
Editor's Note: Former Subsection D, prohibiting issuance of a license within one year of a denial, was repealed 12-18-2001 by Ord. No. 2001-421, effective 2-1-2002.
A. 
Upon the filing of an application for a sexually oriented business license, the application shall be referred to the Police Department, Fire Department, Department of Neighborhood and Business Development and Neighborhood Service Centers for an investigation to be made for compliance with this chapter and with applicable fire, building, zoning, property conservation, health and safety codes. The investigation process shall be completed within 30 days from the date the completed sexually oriented business application is filed. After the investigation, the Chief of Police shall issue a license, unless it is determined that one or more of the following is true:
[Amended 12-18-2001 by Ord. No. 2001-421[1]; 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179]
(1) 
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.
(2) 
An applicant is under the age of 18 years.
(3) 
An applicant has been convicted of a specified criminal activity.
(4) 
The license is to be used for a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this chapter.
(5) 
An applicant has had a sexually oriented business license, a sexually oriented business manager license or a sexually oriented business employee license revoked by the City within two years of the date of the current application.
(6) 
The premises to be used for the sexually oriented business is in violation of applicable fire, zoning, building, property conservation or health and safety laws and ordinances.
(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.
[1]
Editor's Note: This ordinance provided that it take effect 2-1-2002.
B. 
The sexually oriented business license shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to § 98-3.
C. 
The denial of a license shall be subject to the restriction set forth in § 98-17.[2]
[2]
Editor's Note: Former Subsection C, prohibiting issuance of a license within one year of a denial, was repealed 12-18-2001 by Ord. No. 2001-421, effective 2-1-2002.
A. 
Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by the following fee:
[Amended 6-18-2002 by Ord. No. 2002-201; 6-17-2008 by Ord. No. 2008-205[1]]
Floor Space
(square feet)
Annual Fee
Not exceeding 2,400
$425
 
Over 2,400
$475
[1]
Editor's Note: This ordinance provided an effective date of 7-1-2008.
B. 
Every application for a sexually oriented business manager license or a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual fee of $40.
[Amended 6-18-2002 by Ord. No. 2002-201; 6-19-2012 by Ord. No. 2012-239[2]]
[2]
Editor's Note: This ordinance provided an effective date of 7-1-2012.
C. 
All license applications and fees shall be submitted to the City Clerk.
D. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D, regarding fees issued for less than one year, was repealed 6-18-2002 by Ord. No. 2002-201. This ordinance provided an effective date of 7-1-2002.
E. 
The fee for replacement of a license which has been lost or destroyed shall be $10.
[Amended 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179]
An applicant, licensee or manager shall permit representatives of the Police Department, Fire Department, Department of Neighborhood and Business Development and Neighborhood Service Centers to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with this chapter and applicable fire, building, zoning, property conservation, health and safety codes, prior to its initial opening for business and at any time it is occupied or open for business.
A. 
Each license shall expire on January 31 following the date of issuance and may be renewed by making application for renewal at least 30 days and not more than 45 days before the expiration date. When application for renewal is made less than 30 days before the expiration date, the expiration of the license will not be affected. Initial licenses issued in year 2000 may extend until January 31, 2002.
B. 
A license granted pursuant to this section shall be subject to annual renewal unless the Chief of Police finds information since the last time the license had been approved which would constitute grounds to deny an initial license application or that there have been violations of this chapter since the last time the license was approved or an accumulation of violations within the last two license years which would be grounds for suspension or revocation of the license. The renewal of the license shall be subject to the payment of the renewal fee.
C. 
When the Chief of Police denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. This provision shall not apply if the reason for the denial relates to the business premises or location and all specified problems have been corrected.
D. 
The denial of renewal of a license shall be subject to the restriction set forth in § 98-17.
If the investigation reveals cause to believe that a license or renewal of a license may be denied in accordance with this chapter, the Chief of Police shall, within 30 days after a completed application is filed, inform the applicant in writing, sent by first-class mail to the address provided by the applicant in the application, of the possible reasons for the denial, and provide the applicant with 10 days within which to review evidence, respond in writing and provide documentary evidence to the contrary. The Chief of Police may extend the time limit for response upon request of the applicant and for good cause. If no response is made in a timely fashion, the Chief of Police shall make a final determination within five days after the expiration of the time to reply. If response is made in a timely fashion, the Chief of Police shall make a final determination within five days after the response is received. The final determination shall be in writing and provide specific reasons for the denial. The status quo shall be maintained until the final determination is made.
A. 
The Chief of Police may suspend a license for a period not to exceed 90 days, after a hearing held in accordance with Chapter 68 of the Municipal Code, if he or she determines that a licensee, manager or employee of a licensee has, within one year, violated or is not in compliance with any section of this chapter.
B. 
A suspension determination shall be subject to the restriction set forth in § 98-17.
A. 
The Chief of Police may revoke a license, after a hearing held in accordance with Chapter 68 of the Municipal Code, if he or she determines that a licensee, manager or employee of a licensee has violated or is not in compliance with any section of this chapter and the license has been suspended within the preceding 12 months.
B. 
The Chief of Police may also revoke a license, after a hearing held in accordance with Chapter 68 of the Municipal Code, if he or she determines that:
(1) 
A licensee within two years gave false or misleading information in the material submitted during the application process;
(2) 
A licensee, manager or employee of a licensee has violated or is not in compliance with any section of this chapter within one year; or
(3) 
There has been an accumulation of violations of this chapter within two years.
C. 
When the Chief of Police revokes a license, the revocation shall continue for two years, within which time period the licensee shall not be issued a sexually oriented business license, sexually oriented business manager license or sexually oriented business employee license. This provision shall not apply if the reason for the revocation relates to the business premises or location and all specified problems have been corrected.
D. 
A revocation determination shall be subject to the restriction set forth in § 98-17.
Determinations resulting from a person's background, or activities at a sexually oriented business, with respect to the denial, suspension or revocation of a license, which incidentally burden free expression, shall be no broader than needed to achieve City goals. The Chief of Police is authorized to issue warning notices and/or grant conditional licenses as a means of allowing expression while curbing unwanted activities where violations are found but denial, suspension or revocation is deemed not justified.
All notices required to be sent by the City shall be in writing, sent by first-class mail to the address provided by the applicant in the application.
Upon denial of an application, or denial of a renewal of a license, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action pursuant to Article 78 of the Civil Practice Law and Rules. The denial of a renewal of a license, or suspension or revocation of any license, shall be stayed for a period of 20 days and, if a proceeding is brought to challenge the administrative action, throughout the pendency of the proceeding in the trial court. The administrative action shall be promptly reviewed by the court.
[Amended 2-14-2006 by Ord. No. 2006-22]
A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
A. 
No person in or on the premises of a sexually oriented business shall engage in any specified sexual activities.
B. 
No person shall appear seminude in or on the premises of a sexually oriented business unless the person is an employee who, while seminude, shall be on a stage or platform in the premises which is at least 18 inches above the immediate floor level and which is removed at least six feet from the nearest customer.
C. 
No person shall appear nude in or on the premises of a sexually oriented business unless the person is an employee who, while nude, shall be on a stage or platform in the premises permanently anchored to the floor at least 18 inches above the floor level of the areas to which customers have access and separated from the areas to which customers have access by a continuous permanently affixed barrier at least three feet in height and located at least six feet from the areas to which customers have access, which barrier shall consist of horizontal or vertical members spaced no more than nine inches apart and no more than nine inches from the floor or the walls to which it is attached.
D. 
No person shall be permitted or allowed to view another person in a sexually oriented business who is nude or seminude from within a room or booth in the premises which is not continuously open and visible to persons in an adjacent public area of the premises, or from a viewing area that is not at least 150 square feet in size.
E. 
No person shall appear nude or seminude, or knowingly allow another to appear nude or seminude, in an area of a sexually oriented business which can be viewed from off the premises.
F. 
No person in or on the premises of a sexually oriented business shall, while nude or seminude, touch a customer or the clothing of a customer.
G. 
No employee in or on the premises of a sexually oriented business shall, while nude or seminude, solicit any compensation or gratuity from any customer.
H. 
No person shall pay or give a gratuity to an employee in or on the premises of a sexually oriented business by giving the payment or gratuity to, or placing the payment or gratuity on the body of, or inside the clothing of, the employee, while the employee is nude or seminude.
I. 
No person shall allow a person under the age of 18 years in or on the premises of a sexually oriented business.
J. 
No person shall consume or possess any alcoholic beverage in or on the premises of a sexually oriented business, other than an alcoholic beverage legally sold in the sexually oriented business for on-premises consumption pursuant to the Alcoholic Beverage Control Law of the State of New York.
K. 
No person shall bring any animal, except a guide dog, hearing dog, service dog or police work dog, in or on the premises of a sexually oriented business.
L. 
Additional regulations relating to adult video viewing booths in sexually oriented businesses are found in § 29-15 of the Municipal Code.
M. 
No employee, whether clothed or unclothed, shall sit in the lap of or lay or lean against a customer and rub his or her genital or pubic area, or her female breasts, against the customer; nor, whether clothed or unclothed, allow the customer to touch his or her genital or pubic area, or her female breasts.
[Amended 12-18-2001 by Ord. No. 2001-421[1]]
[1]
Editor's Note: This ordinance provided that it take effect 2-1-2002.
A. 
No licensee or manager of a sexually oriented business shall knowingly or through reckless disregard:
(1) 
Allow or permit persons to appear or act on the premises of the sexually oriented business in violation of the regulations set forth in § 98-21.
(2) 
Allow or permit any building on the premises of the sexually oriented business to be occupied by more than the number of persons established by the City as the legal occupancy.
(3) 
Allow or permit the possession, use or sale of controlled substances, marijuana, hypodermic instruments or drug paraphernalia in or on the licensed premises.
(4) 
Allow or permit prostitution in or on the premises of the sexually oriented business.
(5) 
Operate the sexually oriented business without a sexually oriented business license.
(6) 
Allow or permit any specified sexual activities to occur in or on the premises of the sexually oriented business.
(7) 
Allow or permit alcoholic beverages in or on the premises of the sexually oriented business, other than alcoholic beverages offered or sold pursuant to an on-premises license issued pursuant to the Alcoholic Beverage Control Law of the State of New York.
(8) 
Allow or permit illegal or excessive consumption of alcoholic beverages to occur in or on the licensed premises.
(9) 
Allow or permit gambling to occur in or on the licensed premises.
(10) 
Allow or permit the premises of the sexually oriented business to become the focal point for fighting, assaults or other illegal activities.
(11) 
Allow or permit amplified noise in or on the premises of the sexually oriented business in excess of the levels established in § 75-12 of the Municipal Code.
(12) 
Allow or permit animals, except guide dogs, hearing dogs, service dogs or police work dogs, in or on the premises of the sexually oriented business.
(13) 
Allow or permit a sexually oriented business to be open unless the sexually oriented business license is posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(14) 
Allow or permit a sexually oriented business to be open unless a list of all employees, with managers designated, and copies of all required sexually oriented business manager and employee licenses, are secured in the premises of the sexually oriented business so that they may be immediately retrieved and shown to a police officer upon demand during all hours that the sexually oriented business is open.
B. 
For purposes of the denial of the renewal of a sexually oriented business license, or the suspension or revocation of such a license, the licensee shall be deemed responsible for the actions of the managers and employees of the sexually oriented business.
A. 
No person shall own, operate or maintain a body rub parlor in the City.
B. 
No person shall give a body rub to another person in the City for compensation.
C. 
The prohibitions found in this section shall not apply to persons engaged in the following activities for which they are licensed by the State of New York or persons under the direct supervision and control of such licensed persons:
(1) 
Persons engaged in the practice of medicine, nursing, osteopathy, physiotherapy, chiropractic podiatry or massage.
(2) 
The practice of that massage which is customarily given in barbershops or beauty parlors for the purpose of beautification by a licensed barber or beauty culturist.
(3) 
Persons enrolled in a program of a school or institute registered by the state to provide training for any of the occupations enumerated in this section.
(4) 
The practice of massage by any person duly employed as a trainer by an athletic association, club or team, or as a member of the physical education department of a university, college or school.
(5) 
The practice of massage by any person employed by a corporation or association organized exclusively for the moral or mental improvement of men, women or children.
(6) 
Persons performing body rubs in body rub parlors duly licensed pursuant to Chapter 36A, Body Rub Parlors, of the Municipal Code,[1] and in accordance with the provisions of said chapter, provided that this exception shall expire on January 1, 2001.
[1]
Editor's Note: Chapter 36A was repealed 9-19-2000 by Ord. No. 2000-300. See now Ch. 98, Sexually Oriented Businesses.
No person shall own, operate or maintain a sexual encounter center in the City.
No person shall own, operate or maintain an adult hotel or adult motel in the City.
If any section, subsection or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected.
The provisions of this chapter shall be controlling in the event of any conflict between the provisions of this chapter and any other provisions of the Municipal Code.
The Municipal Code Violations Bureau shall hear and determine charges involving violations of this chapter. Any person who violates this chapter shall be subject to the penalties set forth in § 13A-11G of the Municipal Code.