Amusement devices — See Ch. 82.
Peace and good order — See Ch. 164.
Zoning — See Ch. 267.
§ 73-1Findings; purpose.
§ 73-2Definitions.
§ 73-3Restrictions on conduct.
§ 73-4Registration.
§ 73-5Issuance.
§ 73-6Term of registration.
§ 73-7Denial.
§ 73-8Revocation.
§ 73-9Penalties for offenses.
§ 73-10When effective.
It is recognized that buildings and business establishments operated for adult usage and entertainment may present serious objectionable characteristics that may reasonably conflict with the peace and tranquility of the Village of Blasdell and general welfare of the residents of the Village of Blasdell. This chapter is intended to restrict adult entertainment and uses to certain nonresidential areas of the Village of Blasdell and otherwise regulate their operation.
The United States Constitution, the Constitution of the State of New York and its law of general applicability grant to municipalities police powers to enact reasonable legislation designed to regulate and supervise adult entertainment establishments and adult uses in order to promote and protect public health, safety, and welfare.
By the enactment of this chapter, the Village of Blasdell in no way intends to abridge or deny to any person the right of free speech, or freedom of assembly, which are constitutional mandates. Neither is it the intention of the Village of Blasdell to restrict the contents of any publications or any communicative materials, including sexually oriented books, magazines, videotapes or other materials and/or devices.
Therefore, the purpose of this chapter is to place reasonable restraints upon the foregoing entertainment and usages so as to balance the preservation of constitutional rights and the public health, welfare and safety by enacting reasonable restraints as hereinafter set forth.
As used in this chapter, the following terms shall have the meanings hereinafter indicated:
- ADULT BOOKSTORE
- An establishment or business, whether retail or wholesale, having 25% or more of its gross income from the sale or rental of books, tapes, cassettes, DVDs or which utilizes 25% or more of its square frontage area for books, magazines and other periodicals, films and viewing on premises by use of motion-picture devices or any coin-operated means, including videotapes and props and toys, which are characterized by their emphasis on depicting, describing or relating specific sexual activities or specified anatomical areas.
- ADULT CABARET
- A business enterprise which serves food or beverages for consumption on the premises, with or without carry-out service, which pictures entertainers or waiters and/or waitresses who display any specific anatomical area or who depict, describe, or simulate specified sexual activities.
- ADULT ENTERTAINMENT CABARET
- A public or private establishment which presents topless waitresses, strippers, male or female impersonators or exotic dancers, or other similar entertainments.
- ADULT MOTION-PICTURE THEATER
- An enclosed building or structure or portion of a building or structure used for presenting materials having as a dominant theme material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
- ADULT USE
- An adult bookstore, adult entertainment cabaret, adult motion picture theater, body rub establishment, peep show or any other business(es) where specified anatomical body parts are displayed or specified sexual activities are depicted.
- BODY-RUB ESTABLISHMENT
- Any establishment having a fixed place of business where body rubs are administered for pay.
- MASSAGE
- A method of treating the external part of the human body by rubbing, stroking, or vibrating with the hand or any instrument or any other treatment or manipulation of the human body which occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto, exposes his or her specified anatomical areas.
- MASSAGE ESTABLISHMENT
- Any business where body rubs, body shampoos, massages (as defined above) or similar services are administered. This definition shall not include persons licensed or authorized pursuant to Article 155 of the Education Law or specifically exempt from Article 155 of the Education Law (Education Law § 7800 et seq.). This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages. Such establishments are not prohibited, provided they have a duly licensed or authorized person pursuant to Article 155 of the Education Law, or are specifically exempted from Article 155 of the Education Law.
- PEEP SHOWS
- A theater which presents material in the form of live shows, films, or videotapes viewed from an individual enclosure for which any person is charged and which is not open to the public generally.
- (1)
Human genitals in a state of sexual stimulation or arousal.
- (2)
Acts of actual or simulated human masturbation, sexual intercourse, sodomy, oral copulation or bestiality.
- (3)
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
- (4)
Excretory functions as part of or in connection with any if the activities set forth in this chapter.
- (1)
In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which an adult use takes place.
- (2)
In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who shares in the ownership of any of the assets of the partnership business.
- (3)
In a corporation, an individual who is an officer, director or a holder, either directly, indirectly or beneficially, of more than 20% of any class of stock.
- (4)
Any person who furnishes more than 20% of the capital or assets of such business, whether in cash, goods or services.
These definitions are to include any type of business(es) or combination of business(es) where specified anatomical areas are displayed or specified sexual activities are encountered.
The adult bookstores, adult cabarets, adult entertainment cabarets, adult motion-picture theaters, adult massage establishments, body rub establishments, adult motels and peep shows or any other adult use governed by these provisions shall be allowable only for property located in industrial districts as set forth and defined in the Zoning Code of the Village of Blasdell.
No more than one of these uses governed by these provisions shall be permitted on any single lot in the Village of Blasdell.
None of the uses governed by these provisions shall be allowable:
Within 1,000 feet of the boundary of any residential zoning district.
Within 1,000 feet of the property line of a public or private school.
Within 1,000 feet of a church, day-care center, youth center, municipal park or playground.
Within 1,000 feet of the property line of another lot containing an adult entertainment or use.
All such adult entertainment or uses hereinabove defined shall be conducted in an enclosed building regardless of location or distance such that passersby shall not be able to view any specified sexual material or activity by virtue of any act or display which depicts or shows said area or activity. This requirement shall apply to any display, decorative sign, window or other opening.
Any person who knowingly owns, manages or operates, conducts or maintains any of the uses as defined in the foregoing provisions in any manner which is contrary to these regulations shall be subject to prosecution under this chapter as hereinafter provided.
No such establishment as hereinabove defined in this chapter shall employ any individual under the age of 18 years.
No adult use shall be conducted in any manner which permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not relegated as an adult use. This provision shall apply to any display, decoration sign, show window, screen or other opening.
No person, firm, corporation or any other business entity shall lease, rent, maintain, operate, use or allow to be operated or used in any business or establishment any part of which contains any adult entertainment or use without first complying with the provisions of this chapter as set forth below.
In addition to all other necessary licenses and permits, no form of adult entertainment or use shall be allowed to operate or continue to operate until a certificate of registration is filed with the Village Clerk containing the following information.
Name and address of the business or the establishment subject to the provisions of this chapter.
The names, business and home addresses and business and home phone numbers, fax numbers and/or e-mail addresses of all owners of the business or establishment subject to the provisions of this chapter.
The names, business and home addresses and business and home phone numbers, fax numbers and/or e-mail addresses of all those persons having substantial connection with the business or establishment subject to the provision of this chapter.
The date of initiation of the adult entertainment or use.
The exact nature of the adult entertainment or use.
If the premises or building in which the business containing the adult use is located is leased, a copy of the lease, the name of the tenant and the name and address and telephone number of the landlord.
The applicant shall also submit a plan drawn to appropriate scale of the premises proposed for registration indicating the areas covered by the registration, all windows, doors, entrances and exits and the fixed features of the proposed registered premises. The term "fixed features" shall include walls, stages, and moveable partitions, projection booths, admission booths, concession booths, and stands, moveable counters and similar appurtenances that are intended to be permanent.
If there occurs any change in the information required for the registration or certification of registration, the Village Clerk shall be notified of such change and an amended certificate shall be filed within 30 days of such change.
The processing fee for such certificate of registration or amendment shall be $300.
No certificate of registration issued under the provisions of this chapter shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than stated in the certificate of registration.
Change of name. A registrant may not move the registered adult use to a new location without first following the same procedures for the issuance of a new registration and certificate along with the payment of an application fee in the amount of $300. The registrant shall submit to the Village Clerk an application for a change of location accompanied by the application fee of $300.
The owner, manager or agent of any adult entertainment or use premises shall cause a copy of the certificate of registration issued under the provisions of this chapter to be prominently displayed on the premises, building or location for which it is leased.
Any knowingly false statement or any statement which the registrant or the applicant may reasonably have known to be false which is provided in the certificate of registration or any document of information supplied therewith, shall be grounds for denial, rejection, suspension or revocation of the certificate of registration.
It is a violation of this chapter for the owner or person in control of any such property to establish or operate thereon or to permit an adult entertainment or use to be operated thereon without having in force a certificate of registration complying with this section.
Upon the completion of the investigation of an application by the officer in charge for the Village of Blasdell Police Department or the Code Enforcement Officer of the Village of Blasdell, such officer shall submit a recommendation for approval or a statement for disapproval of the application to the Village Clerk citing factors in support of either determination. The Village Clerk shall then issue registration if same is warranted upon the payment of the appropriate fee.
If the foregoing officers of the Village of Blasdell recommend disapproval, citing the factors upon which same is based, such notice shall be promptly sent to the Village Clerk and to the applicant by certified mail and shall be sent to the address on the registration application which shall be considered due and proper notice.
All registrations issued under this chapter shall be classified as annual registrations which shall be paid for on or before June 1 in each calendar year, and said registration shall expire on May 31 of the following year. A registrant beginning business after June 1 and before December 1 may obtain a new registration upon application therefor and the payment of the appropriate annual registration fee and such registration shall expire on the following May 31. A registrant beginning business after November 30 and before May 30 may obtain a new registration upon application therefor and in the payment of 1/2 of the appropriate registration fee herein required, and such registration shall expire the following May 31. The provisions of this section shall not affect any other provisions of this chapter or any other provisions of the Village Code, including but not limited to the Village Zoning Ordinance.
A registrant under this section shall be entitled to a renewal of his or her annual registration from year to year as a matter of course on or before June 1, by presenting the registration of the previous year or satisfactory evidence of its loss or destruction to the Village Clerk and by paying the appropriate registration fee.
A new or renewal application for registration shall be denied.
When the applicant or any other individuals listed pursuant to this chapter of the Village Code shall have had the registration previously suspended, revoked, or have been a partner in a partnership or officer, director or principal shareholder of a corporation whose registration under this chapter of the Village Code has previously been suspended or revoked.
When any false statement is made on the application for registration.
When the applicant or partner in a partnership or officer, director, or principle shareholder or any person with a substantial connection to a former or existing corporation or the corporation itself has been convicted of a criminal act in this state or any other jurisdiction wheresoever situated within five years immediately preceding the date of any application.
Any new corporation formed by an officer, directors or principal shareholders of a corporation, which has been convicted of a criminal act in this state or any other State within five years immediately preceding the date of the application.
The registration issued under this chapter of the Village Code shall be revoked immediately if the applicant or partner, officer, principal shareholder of a former existing corporation or the corporation itself or any person with a substantial connection thereto, is convicted of a criminal act in this state or any other jurisdiction wheresoever situated.
Any person committing an offense against any of the provisions of this chapter of the Village Code shall be guilty of a violation and, upon conviction thereof, shall be punishable by a maximum fine of $250 or by a term of imprisonment of not more than 15 days, or both. Each day that a violation continues shall be considered a separate offense.
The foregoing chapter shall take effect immediately after proper filing with the Department of State of the State of New York.
