[HISTORY: Adopted by the Town Board of the
Town of Brighton 5-10-1995 by L.L. No. 2-1995.[2] Amendments noted where applicable.]
[1]
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.
[2]
Editor's Note: This local law also repealed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; 2-9-2022 by L.L. No. 4-2022]
This chapter shall be known as the "Adult Use and Entertainment
Establishments and E-Cigarette and/or Vapor Sales Establishments and
Cannabis 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; 2-9-2022 by L.L. No. 4-2022]
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 and cannabis establishments,
as herein defined, in order to achieve the following:
A.
To preserve the character and the quality of life in the Town of
Brighton's neighborhoods and business areas.
B.
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.
C.
To restrict minors' access to adult uses.
D.
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:
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 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:
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
Instruments, devices or paraphernalia which
are primarily intended, labeled, designed, advertised or promoted
for use in connection with specified sexual activities.
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:
The number of different titles or kinds of such
merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale
and/or display of such merchandise; or
The amount of advertising which is devoted to
such merchandise, either in print or broadcast media.
A nightclub, bar, restaurant or similar commercial
establishment which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
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.
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.
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.
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 public or private establishment, or any part
thereof, which presents any of the following entertainments, exhibitions
or services:
Topless and/or bottomless dancers;
Strippers;
Topless waitressing, busing or service;
Topless hair care or massages;
Service or entertainment where the servers or
entertainers wear pasties or G-strings, or both;
Adult arcade;
Adult bookstore or adult video stores;
Adult cabarets;
Adult motels;
Adult motion-picture theaters;
Adult theaters;
Escort agencies;
Nude-model studios; and
Sexual encounter centers.
Adult use and entertainment establishments customarily
exclude minors by reason of age.
A business establishment that includes whether as its primary
use or as an ancillary use the on-site sale or consumption of cannabis
or cannabis products as such are permitted and defined in the New
York State Cannabis Law - Chapter 7-A of the Consolidated Laws of
the State of New York.
[Added 2-9-2022 by L.L.
No. 4-2022]
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]
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
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.
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.
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.
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.
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.
Includes any of the following:
[Added 7-14-1999 by L.L. No. 4-1999; amended 12-14-2016 by L.L. No. 1-2017; 2-9-2022 by L.L. No. 4-2022]
All adult use and entertainment establishments and e-cigarettes and/or vapor sales establishments and cannabis 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]
A.
Adult use and entertainment establishments and e-cigarette and/or vapor sales establishments and cannabis 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:
[Amended 2-9-2022 by L.L. No. 4-2022]
(1)
Within 500 feet of the boundary of any residential zoning district
in the Town;
(2)
Within 500 feet of the property line of a parcel used for residential
purposes in the Town;
(3)
Within 500 feet of the property line of a parcel containing a church,
school, day-care facility, park or playground, within the Town;
(4)
On the same parcel as another adult use and entertainment establishment
or e-cigarette and/or vapor sales establishment or cannabis establishment;
or
(5)
Within 1,000 feet of the property line of another adult use and entertainment
establishment or e-cigarette and/or vapor sales establishment or cannabis
establishment, whether or not such other establishment is located
in the Town.
B.
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 or cannabis establishment.
[Amended 2-9-2022 by L.L. No. 4-2022]
C.
Any or all of the above requirements may be waived, at the sole discretion
of the Zoning Board, upon:
(1)
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:
A.
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.
B.
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.
A.
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:
(1)
By personal service;
(2)
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
(3)
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.
B.
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.
C.
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.
D.
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.
E.
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.
