[HISTORY: Adopted by the Town Board of the Town of Webster as indicated in article histories. Amendments noted where applicable.]
Zoning — See Ch. 225.
Article I Sexually Oriented Businesses
[Adopted 1-20-1994 by L.L. No. 1-1994]
It is the purpose of this article to regulate sexually oriented businesses, to promote the health, safety, morals and general welfare of the citizens of the Town of Webster and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually oriented businesses within the Town of Webster. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the Constitution of the United States or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene materials.
As used in this article, the following terms shall have the meanings indicated:
- ADULT ARCADE
- Any place to which the public is permitted or invited wherein coin-operated 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 the depicting or describing of specified sexual activities or specified anatomical areas.
- ADULT BOOKSTORE
- A commercial establishment which, as one of its business
purposes, offers for sale or rental for any form of consideration
any one or more of the following:[Amended 12-20-2007 by L.L. No. 8-2007]
- A. Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.
- B. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other 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 defined as an adult bookstore or adult video store so long as one of its business purposes is the offering for sale or rental for consideration of the specified materials which depict or describe specified sexual activities or specified anatomical areas.
- ADULT CABARET
- A nightclub, bar, restaurant or similar commercial establishment which regularly features:
- A. Persons who appear in a state of nudity;
- B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
- C. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
- ADULT MOTEL
- A hotel, motel or similar commercial establishment which:
- A. 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 of 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;
- B. Offers sleeping room for rent for a period of time that is less than 10 hours; or
- C. 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 MOTION-PICTURE THEATER
- 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.
- ADULT THEATER
- A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
- ADULT USES
- Adult arcades, adult bookstores, adult cabarets, adult motels, adult motion-picture theaters, adult theaters, adult video stores, escort agencies, nude model studios and sexual encounter centers.
- ADULT VIDEO STORE
- See "adult bookstore."
- 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.
- ESCORT AGENCY
- 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.
- Any of the following:
- A. The opening or commencement of any sexually oriented business as a new business.
- B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.
- C. The additions of any sexually oriented business to any other existing sexually oriented business.
- D. The relocation of any sexually oriented business.
- NUDE MODEL STUDIO
- Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
- The appearance of a human bare buttocks, anus, genitals or full female breast.
- An individual, proprietorship, partnership, corporation, association or other legal entity.
- A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
- SEXUAL ENCOUNTER CENTER
- A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
- SEXUALLY ORIENTED BUSINESS
- An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
- SPECIFIED ANATOMICAL AREAS
- The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
- SPECIFIED SEXUAL ACTIVITIES
- Any of the following:
- STATE OF NUDITY
- See "nudity."
- SUBSTANTIAL ENLARGEMENT
- The increase in floor areas occupied by a sexually oriented business by more than 25% of the floor areas as it exists on the effective date of the chapter.
- TRANSFER OF OWNERSHIP OR CONTROL
- Includes any of the following:
- A. The sale, lease or sublease of a sexually oriented business.
- B. The transfer of securities which constitute a controlling interest in a sexually oriented 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 a sexually oriented business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
Adult uses shall be a permitted use in any I-N Industrial District only, provided that:
An adult use may not be operated within 1,000 feet of another adult use or the same lot or parcel of land.
An adult use may not be operated in the same building, structure or portion thereof containing another adult use.
For the purposes of this article, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where an adult use is conducted to the nearest property line of the premises of a church or public or private elementary or secondary school or licensed child day-care center or to the nearest boundary of an affected public park, residential district or residential lot.
For the purposes of this article, the distance between any two adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
All adult uses shall be conducted in an enclosed building. Regardless of location or distance, no one who is passing by an enclosed building having a use governed by this article shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.
A person may operate an adult use business only within the I-N Industrial District(s) in the Town of Webster in accordance with the provisions of this article and Chapter 225, Zoning, of the Code of the Town of Webster.
Prior to the commencement of any adult use business or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, ordinances, rules and regulations applicable to the use and occupancy for an adult use business and compliance with this article.
All code enforcement officials, including the Town Building Inspector, Town Fire Marshal and Town Zoning Enforcement Officer, shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials.
Any owner and/or operator, employee of the owner and/or operator or agent of the owner/operator shall permit representative of the Town Police Department, the Monroe County Sheriff's Office, the New York State Police, County or State Health Department, Town Fire Marshal, Town Building Inspector, Town Code Enforcement Official or other town, county or state department or agencies that has permitting authority regarding the use and/or premises to inspect the premises of an adult use business for the purpose of ensuring compliance with this article at any time it is occupied or open for business.
[Amended 6-17-2010 by L.L. No. 5-2010]
Any adult use business lawfully operating on the effective date of this article that is in violation of the location or structural configuration requirements of this article shall be deemed a nonconforming use. The continuation of the same use of substantially the same character and intensity shall be allowed. The nonconforming use will be permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the adult use business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.
An adult use business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the operation of the adult use business, of a church, public or private elementary or secondary school, public park, residential zoning district or a residential lot within 500 feet of the adult use business.
[Amended 12-20-2007 by L.L. No. 8-2007]
It shall be deemed a violation of this article if the owner and/or operator, an employee of the owner and/or operator or an agent of the owner/operator:
Violates or is not in compliance with any section of this article.
Refuses to allow an inspection of the adult use business premises as authorized by this article.
Permits gambling to occur on the adult use business premises.
Permits the possession, use or sale of a controlled substance to occur on the premises.
Permits prostitution to occur on the premises.
Permits any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur on the premises.
Permits another person or employs a person to, or they themselves, 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.
Permits another person or employs a person to, or they themselves, appear nude 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 permanently anchored to the floor at least 18 inches above the floor level of 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 walls to which it is attached.
If any part of this article is held unconstitutional, invalid or ineffective, the remainder of this article shall be valid.
This article shall take effect immediately as provided by law.