[Adopted 6-10-1996 as L.L. No. 3-1996]
As used in this Article, the following terms shall have the meanings
indicated:
ADULT
Refers to establishments which customarily exclude persons which,
by reason of age, are defined as minors under New York State law.
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 or 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 the depicting or describing of specified sexual activities or specified
anatomical areas.
ADULT BOOKSTORE
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 describe specified sexual activities
or specified anatomical areas; or
(2)
Instruments, devices or paraphernalia which are designed 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.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishments
which regularly features any of the following:
A.
Persons who appear in a state of nudity or where there is topless waitressing,
bussing or table or bar service or establishments which offer service where
the servers wear pasties or G-strings, or both;
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:
A.
Offers accommodations to the public for any form of consideration and
which 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;
B.
Offers a sleeping room for rent for a period of time that is less than
10 hours; or
C.
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 10 hours.
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 performance
which are characterized by the exposure of specified anatomical areas or by
specified sexual activities.
ADULT USE ESTABLISHMENT
An adult arcade, adult bookstore video store, adult cabaret, adult
motel, adult motion-picture theater, adult theater, escort agency, massage
establishment, nude model studio or sexual encounter center, as defined herein.
ESCORT
A person who, for consideration, agrees or offers to act as a companion,
guide or date for another person or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
A person or commercial enterprise which furnishes, offers to furnish
or advertises to furnish escorts as one of its primary business purposes,
for a fee, tip or other consideration.
ESTABLISH
Includes any of the following:
A.
The opening or commencement of any adult use establishment as a new
business;
B.
The conversion of any existing business to any adult use establishment;
C.
The addition of any adult use establishment to any other existing use
or business; or
D.
The relocation of any adult use establishment.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where massages
are administered for pay, including but not limited to massage parlors, sauna
baths and steam baths. This definition shall not be construed to include a
hospital, nursing home or medical clinic or the office of a physician, surgeon,
chiropractor, osteopath or duly licensed physical therapist or barbershops
or beauty salons in which massages are administered only to the scalp, face,
neck or shoulders. This definition also shall exclude health clubs which have
facilities for physical exercise, such as tennis courts, racquetball courts
or exercise rooms, and which do not receive their primary source of revenue
through the administration of massages.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays
specified anatomical areas is 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 state of dress of the human body in which the buttocks or anus,
genitals, pubic region or full female breast are less than completely and
opaquely covered.
PERMITTEE AND/OR LICENSEE
The person in whose name a special use permit to establish, maintain or operate an adult use establishment has been issued, in accordance with the provisions of Chapter
95, Zoning, of the Code of the Town of Riga, as well as any person listed as an applicant on the application for such a special use permit.
PERSON
An individual, proprietorship, partnership, corporation, association
or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the genitals,
pubic region and areolae of the female breast, 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:
A.
Physical contact in the form of wrestling or tumbling between persons
of the opposite sex; or
B.
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 ANATOMICAL AREAS
The male genitals or pubic region in a state of nudity or the human
male genitals in a discernibly turgid state or state of sexual arousal, even
if completely and opaquely covered, and/or the vulva, pubic region or more
intimate parts of the female genitals or the full female breast in a state
of nudity.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation or sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsection
A through
C above.
SUBSTANTIAL ENLARGEMENT
The increase in floor area of an adult use establishment by more
than 25%, as the floor area exists on the date of enactment of this Article.
TRANSFER OF OWNERSHIP OR CONTROL
Any of the following:
A.
The sale, lease or sublease of the business;
B.
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange or similar means; or
C.
The establishment of a trust, gift or other similar legal device which
transfers the ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of the person possessing
the ownership or control.
It shall be unlawful for any person to establish or maintain any adult use establishment in the Town of Riga except in compliance with the provisions of Chapter
95, Zoning, of the Code of the Town of Riga, relating to location and proximity to other uses, and only after obtaining a special use permit as provided in said Chapter
95, Zoning.
No person who is an owner, manager and/or operator of an adult use establishment
and no employee, agent or officer of any such owner and/or operator shall:
A. Engage in excessive use of alcoholic beverages while
on the premises of an adult use establishment;
B. Knowingly permit gambling by any person on the premises
of an adult use establishment;
C. Knowingly permit the possession, use or sale of controlled
substances on the premises of an adult use establishment;
D. Knowingly permit prostitution or solicitation of prostitution
on the premises of an adult use establishment;
E. Knowingly permit any act of sexual intercourse, sodomy,
oral copulation, masturbation or other sexual conduct to occur in or on the
premises of an adult use establishment; or
F. Permit any adult use establishment to be conducted in
such manner that, regardless of location or distance, anyone who is passing
by or who is at any point outside of the enclosed building occupied by such
a use shall be able to observe or perceive any performance, conduct, image,
printed matter, visual representation, instrument, device or paraphernalia
displaying, depicting or otherwise presenting any specified anatomical area
or specified sexual activity regulated hereunder, including but not limited
to any sign or advertisement or any window or other opening permitting the
view of the interior of the premises from the exterior of the premises. All
adult use establishments shall be conducted in an enclosed building.
G. Knowingly permit any violation of the Alcoholic Beverages
Control Act or the Penal Law of the State of New York to occur on the premises
of an adult use establishment.
H. Refuse to allow an inspection of an adult use establishment,
as authorized by this Article.
I. Knowingly permit any minor, as defined by state law,
to enter or remain in any adult use establishment at any time.