[HISTORY: Adopted by the Board of Trustees of the Village of Canastota 3-1-1999
by L.L. No. 2-1999. Amendments noted where applicable.]
It is recognized that there are some uses which, because of their very
nature, have serious objectionable operational characteristics when several
of them are concentrated under circumstances which produce a deleterious effect
upon adjacent areas. Special regulation of these uses is necessary to ensure
that adverse effect will not contribute to the blighting or downgrading of
the surrounding neighborhood. The primary reason for regulation is to prevent
a concentration of these uses in any one area which could create adverse neighborhood
effects.
Adult entertainment businesses are prohibited, and no person as owner,
operator, manager or agent shall operate or permit the operation of an adult
entertainment business in the Village of Canastota, within:
A.
Five hundred feet of any residential zoning district
or any single-family, two-family or multiple-family dwelling, including structures
devoted to residential and commercial business purposes and industrial zones.
B.
Five hundred feet of any public or private schools.
C.
Five hundred feet of any church or other religious facility
or institution.
D.
Five hundred feet of any public park.
The distance provided herein above shall be measured by following a
straight line, without regard to intervening buildings, from the nearest point
of the property parcel upon which the adult entertainment business is to be
located to the nearest point of the parcel of property or the land use district
boundary line from which the adult entertainment business is to be separated.
As used in this chapter, the following terms shall have the meanings
indicated:
Adult arcades where, for any form of consideration, one or more motion
picture projectors, slide projectors or similar machines, for viewing by five
or fewer persons each are used to show films, motion pictures, video cassettes,
slides or other photographic or media reproductions, which are characterized
by emphasis upon the depiction or description of specific sexual activities
or specific anatomical areas.
Adult bookstores which have as substantial (50% or more) portion of
the stock in trade and offers for sale, for any consideration, any one or
more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes, slides or other visual representations,
which are characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for use in
connection with specified sexual activities.
Adult cabarets, meaning any nightclub, bar, restaurant, tavern or similar
establishment which features live performances characterized by specified
anatomical areas or films, motion pictures, video cassettes, slides or other
photographic or media reproductions characterized by an emphasis upon the
depiction or description of specified sexual activities or specified anatomical
areas or performances or activity known as "topless" or "bottomless dancing."
Adult motion picture theaters where, for any forms of consideration,
films, motion pictures, video cassettes, slides or other photographic or media
reproductions are shown, and in which a substantial portion of the total presentation
is distinguished or characterized by emphasis on the showing, depiction or
description of specified sexual activities or specified anatomical areas.
Adult theater meaning a theater concert hall, auditorium or similar
establishment which for any form of consideration regularly features live
performances characterized by the exposure of specified sexual activities
or specified anatomical areas.
Massage parlors where, for any form of consideration, massage, alcohol
rub fomentation, electric or magnetic treatment or manipulation of the human
body is administered, unless by a medical practitioner, chiropractor, acupuncturist,
physical therapist or similar professional person licensed by the State of
New York. The definition shall not be deemed to include an athletic club,
health club, school, gymnasium, reducing salon, spa or similar establishment
where massage or similar manipulation of the human body is offered as an incidental
accessory service.
The violation of this chapter shall be a Class A Misdemeanor. In addition,
any person violating the chapter shall be liable to a civil penalty of $500
to be recovered by the Village of Canastota in a civil action or special proceeding.
Each day such violation continues shall constitute a separate violation of
this chapter. The village may also maintain an action or special proceeding
for an injunction or other equitable relief to compel compliance with, or
to restrain the violation of, this chapter. The use of any remedy shall not
prevent the use of any other remedy hereunder. The listing of remedies herein
shall not deprive the village of the use of any other remedies provided by
other provisions of law.
The provisions of this chapter shall not apply to any theater, concert
hall or similar establishment which is primarily devoted to the theatrical
performances.
Should any section or provision of this section be declared to be unconstitutional
or invalid by the courts, such decision shall not affect the validity of the
balance thereof.
