[HISTORY: Adopted by the Town Board of the Town of Queensbury 6-1-1998
by L.L. No. 3-1998. Amendments noted where applicable.]
The Town Board hereby finds that the conduct of adult uses within 1,000 feet of institutions of religious worship, schools and zoning districts which allow residential uses or any existing adult uses results in decreased property values, increased loss of business for nonadult businesses and deterioration of residential neighborhoods. This chapter will protect the general welfare, health, safety and well-being of the persons and property of the Town and the integrity of the Town Master Plan and Zoning Ordinance by regulating the conduct of adult uses within 1,000 feet of institutions of religious worship, schools and zoning districts which allow residential uses or any existing adult uses. This Local Law is adopted pursuant to § 10 of the Municipal Home Rule Law and Article 16 of the Town Law.
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 adult activities or specified anatomical
areas.
A commercial establishment which 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 describe specified adult activities.
Instruments, devices or paraphernalia which are primarily intended,
labeled, designed, advertised or promoted for use in connection with specified
adult activities.
A nightclub, bar, restaurant 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 adult activities; or
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description of specified
adult activities or specified anatomical areas.
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 arcade; adult cabarets; adult motels; adult motion-picture
theaters; adult theaters; escort agencies; nude model studios and sexual encounter
centers. Adult use and entertainment establishments customary exclude persons
seventeen years of age and younger.
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 adult 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 adult 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 adult activities.
A person who, for a fee, tip or other consideration, agrees or offers
to act as a date for another 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, other than as a part of a course
of instruction offered by an educational institution established pursuant
to the laws of the State of New York.
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 semi-nude.
Includes any of the following:
Includes any of the following:
After the effective date of this chapter, no Town official, department
or board may accept, review or approve any applications for the conduct or
expansion of adult uses and adult entertainment uses within 1,000 feet of
institutions of religious worship, schools or zoning districts which allow
residential uses or any existing adult uses in the Town of Queensbury, nor
shall any such uses be undertaken by any person in such areas during the effective
period of this chapter unless such use is a preexisting lawfully established
use as of this date.
