[HISTORY: Adopted by the Town Board of the Town of Canandaigua 7-24-1995 by L.L. No. 4-1995 (Ch. 32 of the 1977 Code). Amendments noted where applicable.]
This chapter shall be known as "Adult Use and Entertainment Establishment, Local Law Number 4 of 1995, an amendment to the Town of Canandaigua Zoning Law."
It is the purpose of this chapter to regulate the creation, opening, commencement or operation of adult use and entertainment establishments, as herein defined, in order to achieve the following primary purposes:
To preserve the character and quality of life in the Town of Canandaigua neighborhoods and business areas.
To control such documented harmful and adverse secondary effects of adult uses on the surrounding areas as: decrease in property values; attraction of transience; parking and traffic problems; increased crime; loss of business for surrounding nonadult uses; and, deterioration of neighborhoods.
To maintain property values.
To prevent crime.
To protect trade.
To restrict minors access to adult uses.
To maintain the general welfare, safety and morals for the Town of Canandaigua residents.
Effective date. This law shall become effective immediately upon filing by the Secretary of State in accordance with the provisions of § 27 of the Municipal Home Rule Law.
Zoning law, definitions, word usage and consistency.
Notwithstanding anything contained in Chapters 1 and 220 of the Town of Canandaigua Code, adult use and entertainment establishments, as herein defined, shall only be allowed in the Adult Use Overlay (AUO) District and upon issuance of a special use permit as specifically set forth in this chapter and only to the extent that it is consistent with local law and the New York State Penal Law relating to exposure, obscenity or lewdness.
The Adult Use Overlay (AUO) District shall be a mapped overlay zoning district, restricted to those lands first zoned I Industrial by the Town Board and in accordance with the standards set forth herein.
The Adult Use Overlay (AUO) District regulations shall be known as § 220-32, entitled "AUO Adult Use Overlay District."
See Town Code Chapter 1 for definitions, including the words:
Any person, firm, corporation or entity found to be violating any provisions of this chapter shall be served with a written notice by the Code Enforcement Officer stating the nature of the violation and providing the immediate correction thereof.
Any person, firm, corporation or entity who shall violate any portion of this chapter shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not to exceed $500 for each violation. The continuation of a violation of the provisions of this chapter shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.
Any person, firm, corporation or entity violating the provisions of this chapter shall become liable to the Town for any expense or loss or damage occasioned the Town by reason of such violation.
In the alternative, the Town may maintain an action or proceeding in a court of competent jurisdiction to restrain by injunction any violation of this chapter.
The penalties and remedies set forth herein are in addition to all other penalties and remedies provided for by law.