[HISTORY: Adopted by the Board of Trustees of the Village of Victor 12-6-1993 by L.L. No. 5-1993. Amendments noted where applicable.]
It is recognized that there are certain business activities which, by their nature, have serious objectionable operational characteristics. It is also recognized that adult entertainment businesses exhibit these characteristics which can lead to a significant adverse impact on the surrounding community. The unrestrained proliferation of such business is inconsistent with existing development and future plans for the Village of Victor in that they often bring outside influences into the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of these businesses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. As business activity drops off and the quality of life deteriorates, merchants and families move away from the area leaving it in a vacant and depressed state. Therefore, it is recognized that special regulation is necessary in order to prevent the proliferation of such businesses and to ensure that those effects will not adversely affect the health, safety and economic well-being of the community.
For the purposes of this chapter, the following phrases and words shall have the meaning assigned below, except in those instances when the context clearly indicates a different meaning:
ADULT USES
Generally, any person, establishment or business involved in the viewing or dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or related to sexual activity or specified anatomical areas, including but not limited to any establishment that allows or promotes dancers, performers or employees, whether male or female, to display specified anatomical areas.
ANATOMICAL AREAS
Human male or female genitals, pubic area or buttocks with less than a fully opaque covering.
BUSINESS
Any person, firm, association, partnership, corporation or other entity for profit.
PERSON
Any individual, firm, partnership, corporation, club, association or legal representative acting individually or jointly.
SEXUAL ACTIVITIES
Any act of masturbation, sadomasochism, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area or buttocks.
SUBSTANTIAL CONNECTION
A. 
In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.
B. 
In a partnership, limited or general, an individual who shares in the ownership or control of any of the assets of the partnership business.
C. 
In a corporation, an individual who is an officer, director or holder, either directly, indirectly or beneficially, of more than 20% of any class of stock.
No person, firm, association, partnership, corporation or other entity shall operate or cause to be operated an adult entertainment use unless a valid license has been issued for such use.
A. 
Where made. Application for a license to operate an adult entertainment use shall be made to the Village Clerk in a form specified by the Village Board. If the application is complete, the Village Clerk may issue the license to the applicant. A copy of the application and, if issued, the license shall be forwarded to the Village Board.
B. 
Application for license. An application for a license to operate an adult entertainment use shall be made to the Village Clerk, in a form prescribed by the Village Clerk, which application shall be submitted under oath and shall supply the following information:
(1) 
The name, address and phone number of the person, business or establishment applying for an adult entertainment use.
(2) 
The exact nature of the adult entertainment use and the hours of its operation.
(3) 
A description of the location of the use and a description of all adjacent properties and uses.
(4) 
A copy of the site plan approval, if required, as granted by the Village of Victor Planning Board; and a copy of the special use permit granted by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5) 
A statement of the nature and character of the applicant's other business or businesses, if any, to be carried on in conjunction with the adult entertainment use.
(6) 
The name or names of the person or persons who will manage or supervise the applicant's business.
(7) 
The names, business and home addresses, business and home phone numbers of all those persons or businesses having a substantial connection with the business or establishment to be licensed.
(8) 
If applicable, a disclosure of the criminal record, if any, of any person who will manage or supervise the applicant's business or of any person having a substantial connection with the business or establishment to be licensed. Disclosure of convictions of crimes punishable pursuant to Articles 230 through 245 of the New York State Penal Law shall only be disclosed if the same have occurred within a two-year period preceding the date of the application.
(9) 
The status of all other required local and state approvals.
C. 
The application shall not be deemed complete until all of the information required pursuant to § 44-4B is received by the Village Clerk. Once the application is complete, the same will be deemed accepted by the Village Clerk.
D. 
Fee. An application for adult entertainment use license shall be accompanied by a nonrefundable fee in such amount as the Village Board of the Village of Victor may from time to time establish by resolution.[1]
[1]
Editor's Note: The current resolution is on file in the office of the Village Clerk.
E. 
Issuance. Upon the receipt of a properly filled out application and application fee, the Village Clerk shall review the application and, if granted, shall issue the license to the applicant within 30 days from the date of the acceptance of the application.
F. 
Denials. The Village Clerk may deny the application, in which case, the Clerk shall specify to the applicant the reason or reasons therefor. Such decision must relate to the protection of the public safety, health, morals or general welfare of the residents of the village. The Village Clerk may also deny any application by any person who shall have been convicted of any crime or of any previous violation of this chapter.
G. 
Appeals. Any person aggrieved by the action of the Village Clerk in the denial of a permit shall have the right of appeal to the Village Board. Such appeal shall be taken by filing with the Board a written statement setting forth fully the grounds of such appeal. Such appeal must be filed within 14 days of the date that the notice of the action complained of has been mailed to such aggrieved person's last known address. The Village Board shall set a time and place for a hearing on such appeal within 60 days of the receipt of the appeal; notice of such hearing shall be given to the applicant by certified mail at the applicant's last known address at least 10 days prior to the date set for the hearing.
The Village Board, upon appeal, shall deny a license or revoke an issued license on any of the following grounds:
A. 
That the use is prohibited by any local or state law, statute, ordinance, rule or regulation or prohibited in the particular location where the use is proposed.
B. 
That the applicant has falsified or failed to provide information required in the application for the issuance or amendment of an adult entertainment use license under this chapter.
C. 
That an inspection of the premises reveals that any applicable laws, ordinances, codes, rules and regulations pertaining to structural, fire and safety requirements have not been complied with.
D. 
That any person managing or supervising the applicant's or licensee's business or that any person having a substantial connection with the business or establishment has been convicted of a felony or a crime punishable pursuant to Articles 230 through 245 of the New York State Penal Code within a period of two years prior to the date of application.
E. 
That any person managing or supervising a licensed adult entertainment use or any person having a substantial connection with such a licensed use has been charged and found guilty of a felony.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F. 
That the applicant or any person, business or establishment having a substantial connection with the business or establishment for which an application is made has had any license issued under this chapter revoked for cause during the preceding one-year period. If this license is revoked, the Village Clerk shall notify the licensee in writing by certified mail of the revocation. The licensee shall thereafter be entitled to a hearing with respect to the revocation of the license, provided that the licensee complies with the procedures set forth in § 44-4G.
Any license issued to operate an adult entertainment use shall expire on the 31st day of December succeeding its date of issue, unless revoked.
A licensee under this chapter shall cause the license for adult entertainment use to be conspicuously displayed, in full view of patrons, at the location stated in such license.
A valid adult entertainment use license may be renewed for a period of one year at a time by following the license application procedures in § 44-4 above. Such renewal application must be submitted at least 30 days prior to the expiration of the current license and the same shall be granted unless the applicant is found to be in violation of any of the subsections or instances set forth in § 44-5 hereof.
No license issued under the provisions of this chapter shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued, nor shall such license be used or displayed at any location other than the location stated in such license.
All adult entertainment uses licensed under the provisions of this chapter must comply with the applicable laws, regulations and standards imposed by New York State, local land use control laws and any conditions imposed by any local governing body, board or agency.
A. 
Any licensee found guilty of violating any provisions of this chapter shall be guilty of a violation and shall be subject to a fine not to exceed $250 and to imprisonment not to exceed 15 days.
B. 
The continuation of an offense under this chapter, after notice of such, shall constitute, for each day the offense continues, a separate and distinct violation hereunder.