The establishment of certain adult entertainment
uses in the Town of Maine will tend to result in the blighting and
deterioration of the Town of Maine. Accordingly, it is necessary that
these uses be regulated in such a manner as to prevent the erosion
of the character of the Town of Maine. It is necessary to regulate
the establishment of such "adult entertainment uses" within close
proximity to dwellings, mobile homes, residentially zoned areas, recreation
districts, schools, churches, parks and playgrounds, so as to minimize
the potential for proliferation of criminal activity and a blighting
and degrading effect upon surrounding neighborhoods.
As used in this chapter, the following terms
or words shall be defined or interpreted as follows:
ADULT BOOKSTORE
An establishment having as a substantial portion of its stock-in-trade
sexual devices, books, magazines, recordings, tapes, video storage
devices, films for sale or viewing on the premises (by use of motion-picture
devices or any other coin-operated means) or other publications or
periodicals which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas, or an establishment with a section
devoted to the sale or display of such material.
ADULT ENTERTAINMENT CABARET
A public or private establishment which is licensed to serve
food and/or alcoholic beverages, which features topless dances and/or
bottomless dances, strippers, male or female impersonators or similar
entertainers, or employees appearing in a bottomless and/or topless
manner of dress.
ADULT ENTERTAINMENT USE
A business or commercial establishment having as its predominant
business or commercial purpose the operation of an adult bookstore,
an adult motion-picture theater, an adult motion-picture arcade, an
adult entertainment cabaret, a massage establishment, or any combination
of the above.
ADULT MOTION-PICTURE ARCADE
Any place to which the public is permitted or invited wherein
coin- or slug-operated or electronically, electrically or mechanically
controlled still- or motion-picture machines, projectors 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 an emphasis on depicting or
describing specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATER
A structure (whether enclosed or outdoors) used for showing,
displaying or presenting to patrons therein or thereat material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
MASSAGE ESTABLISHMENT
An establishment having a fixed place of business where any
person, firm, association, or corporation, engages in, carries on,
or permits to be engaged in or carried on, any of the activities referred
to in Subsection A below:
A.
The activities referred to herein are any method
of pressure on or friction against or stroking, kneading, rubbing,
tapping, pounding, vibrating, or stimulating of the external soft
parts of the body with the hands or with the aid of any mechanical
or electrical apparatus or appliance, with or without such supplementary
aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams,
lotions, ointments, or other similar preparations commonly used in
the practice of massage.
B.
The term "massage establishment" shall not apply
to licensed hospitals, licensed nursing homes, or clinics or persons
holding an unrevoked certificate to practice any of the healing arts
under the law of the State of New York, or persons working under the
direct supervision and in the presence of any such persons or in any
such establishments, nor shall said term apply to barbers or cosmetologists
lawfully carrying out their particular profession of business and
holding a valid unrevoked license or certificate of registration issued
by the State of New York.
PERSON
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely covered human genitals,
pubic region, buttock, and female breast below a point immediately
above the top of the areola; and
B.
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation
or arousal;
B.
Ultimate sex acts, normal or perverted, actual
or simulated, including acts of human masturbation, sexual intercourse,
oral copulation or sodomy; and
C.
Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
Nothing herein shall be deemed to relieve any
adult entertainment use from compliance with any of the other applicable
regulations prescribed in other sections of this chapter.