[HISTORY: Adopted by the Town Board of the Town of Brighton 5-10-1995 by L.L. No. 2-1995. Amendments noted where applicable.]
Editor's Note: This chapter, formerly titled "Adult Use and Entertainment Establishments," renamed "Adult Use and Entertainment Establishments and E-Cigarettes and/or Vapor Sales Establishments" 12-14-2016 by L.L. No. 1-2017, was redesignated by the editor to fit the organization of the Code.
Editor's Note: This local law also repealed L.L. No. 4-1994, entitled the "Adult Use and Entertainment Establishments Moratorium Law," as amended.
[Amended 12-14-2016 by L.L. No. 1-2017]
This chapter shall be known as the "Adult Use and Entertainment Establishments and E-Cigarette and/or Vapor Sales Establishments Regulation Law" of the Town of Brighton and shall amend the Comprehensive Development Regulations of the Town.
[Amended 12-14-2016 by L.L. No. 1-2017]
It is the purpose of this chapter to regulate the creation, opening, commencement and/or operation of adult use and entertainment and e-cigarette and/or vapor sales establishments, as herein defined, in order to achieve the following:
To preserve the character and the quality of life in the Town of Brighton's neighborhoods and business areas.
To control such documented harmful and adverse secondary effects of adult uses on the surrounding areas as decreased property values, attraction of transients, parking and traffic problems, increased crime, loss of business for surrounding nonadult businesses and deterioration of neighborhoods.
To restrict minors' access to adult uses.
To promote and protect the public health, safety and welfare of the Town of Brighton and its residents.
As used in this chapter, 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 depicting or describing specified sexual activities or specified anatomical areas.
- A. A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
- (1) 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 described specified sexual activities or specified anatomical areas; or
- (2) Instruments, devices or paraphernalia which are primarily intended, labeled, designed, advertised or promoted for use in connection with specified sexual activities.
- B. A commercial establishment may have other principal 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 categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas. For purposes of this definition, "principal business purpose" shall mean 25% or more of any of the following:
- (1) The number of different titles or kinds of such merchandise;
- (2) The number of copies or pieces of such merchandise;
- (3) The amount of floor space devoted to the sale and/or display of such merchandise; or
- (4) The amount of advertising which is devoted to such merchandise, either in print or broadcast media.
- 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 sexual activities or specified anatomical areas.
- ADULT MOTEL
- A hotel, motel or similar commercial establishment which 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 or 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.
- 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.
- A. A public or private establishment, or any part thereof, which presents any of the following entertainments, exhibitions or services:
- (1) Topless and/or bottomless dancers;
- (2) Strippers;
- (3) Topless waitressing, busing or service;
- (4) Topless hair care or massages;
- (5) Service or entertainment where the servers or entertainers wear pasties or G-strings, or both;
- (6) Adult arcade;
- (7) Adult bookstore or adult video stores;
- (8) Adult cabarets;
- (9) Adult motels;
- (10) Adult motion-picture theaters;
- (11) Adult theaters;
- (12) Escort agencies;
- (13) Nude-model studios; and
- (14) Sexual encounter centers.
- B. Adult use and entertainment establishments customarily exclude minors by reason of age.
- E-CIGARETTE AND/OR VAPOR SALES ESTABLISHMENT
- A business operation that includes, whether as its primary
use or as an ancillary use:[Added 12-14-2016 by L.L. No. 1-2017]
- A. The selling of any vapors, liquids, or other substances that are smoked through the use of an electronic cigarette, electronic pipe or other electronic device or used in connection with the smoking of electronic cigarettes, electronic pipes or other electronic devices; or
- B. The selling of electronic cigarettes, electronic pipes or electronic devices intended to be used in connection with vapors, liquids or other vaporizing substances.
- A person who, for a fee, tip or other consideration, agrees or offers to act as a date for nother person; for consideration, agrees or offers to privately model lingerie for another person; for consideration, agrees or offers to privately perform a striptease for another person; or, for consideration but without a license granted by the State of New York, agrees or offers to provide a massage for another person.
- ESCORT AGENCY
- A person or business association who furnishes or offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
- NUDE-MODEL STUDIO
- Any place where a person who appears in a state of nudity or displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
- NUDITY or STATE OF NUDITY
- The appearance of specified anatomical areas.
- An individual, proprietorship, partnership, corporation, association or other legal entity.
- A state of dress in which clothing covers no more than the specified anatomical areas, 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, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
- SPECIFIED SEXUAL ACTIVITIES
- Includes any of the following:
[Added 7-14-1999 by L.L. No. 4-1999; 12-14-2016 by L.L. No. 1-2017]
All adult use and entertainment establishments and e-cigarettes and/or vapor sales establishments as defined herein may only be created, opened, commenced or operated in accord with the requirements imposed upon permitted uses within the Light Industrial (IG) Zoning District, including but not limited to § 203-93.1, Administrative review; § 203-94, Off-street parking and loading; § 203-95, Signs; § 205-8, which contains bulk regulations; and Chapter 207, Article IV, Access Control. If there are any inconsistencies between the requirements cited in this section and those requirements imposed elsewhere in this chapter, then the more restrictive requirements shall apply.
[Amended 12-14-2016 by L.L. No. 1-2017]
Adult use and entertainment establishments and e-cigarette and/or vapor sales establishments shall be allowed only in the allowed zoning district set forth in § 202-4 hereof and, within such a district, shall not be allowed:
Within 500 feet of the boundary of any residential zoning district in the Town;
Within 500 feet of the property line of a parcel used for residential purposes in the Town;
Within 500 feet of the property line of a parcel containing a church, school, day-care facility, park or playground, within the Town;
On the same parcel as another adult use and entertainment establishment or e-cigarette and/or vapor sales establishment; or
Within 1,000 feet of the property line of another adult use and entertainment establishment or e-cigarette and/or vapor sales establishment, whether or not such other establishment is located in the Town.
The above distances of separation shall be measured from the nearest exterior wall of the portion of the structure containing the adult use and entertainment establishment or e-cigarette and/or vapor sales establishment.
Any or all of the above requirements may be waived, at the sole discretion of the Zoning Board, upon:
The receipt of a petition, signed by at least 51% of the residents and 51% of the owners of properties within 500 feet of the property line of the proposed establishment requesting such waiver; and
All adult uses and entertainment establishments shall be conducted in an enclosed building. It shall be a violation to display or exhibit (in the open air, through a window or by means of a sign, depiction or decoration) or to allow to be displayed or exhibited, any specified anatomical area or specified sexual activity.
It is hereby declared to be the intent of the Brighton Town Board that:
If a court of competent jurisdiction finds any provisions of this chapter invalid, in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid and all other provisions of this chapter shall continue to be separately and fully effective.
If a court of competent jurisdiction finds the application of any provision of this chapter to any building, other structure or tract of land to be invalid, in whole or in part, the effect of such decisions shall be limited to the person, property or situation involved in the controversy and the application of any such provision to any other person, property or situation shall not be affected.
Any person, firm, corporation or entity found to be violating any provisions of this chapter shall be served with a written notice by the Commissioner of Public Works or his designee, stating the nature of the violation and providing for immediate correction thereof. Such notice shall be served by one of the following methods:
By personal service;
By certified mail, return receipt requested, addressed to his or their last known address as shown on the latest completed assessment roll of the Town of Brighton; or
By posting of such notice in a conspicuous place upon the premises affected and a copy thereof mailed, addressed to his or their last known address as shown on the latest completed assessment roll of the Town of Brighton.
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.
The owner and/or any occupant and/or any tenant and/or general agent of a building, premises or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.
Any person, firm, corporation or entity violating any of 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.
The imposition of penalties herein prescribed shall not preclude the town or any person from instituting appropriate legal action or proceedings to prevent a violation of this chapter or to restrain or enjoin the use or occupancy of a building, premises or part thereof in violation of this chapter.