[HISTORY: Adopted by the Board of Trustees
of the Village of Rouses Point 6-7-2004 by L.L. No. 3-2004.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 120.
The purpose of this chapter is to regulate the
creation, opening, commencement and/or operation of adult use and
entertainment establishments, as herein defined, in order to achieve
the following:
A.
To preserve the character and quality of life in the
Village of Rouses Point 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 minor's access to adult uses.
D.
To maintain the general welfare and safety for the
Village of Rouses Point residents.
All adult use and entertainment establishments,
as defined herein, may only be created, opened, commenced or operated
within the Commercial 5 (C-5) Zoning District as designated in the
Village of Rouses Point.
An adult use and entertainment shall be allowed
only in the Commercial 5 (C-5) Zoning District and within such district,
shall not be allowed:
A.
Within 1,000 feet of the boundary of any residential
zoning district in the Village of Rouses Point;
B.
Within 1,000 feet of the property line of a parcel
used for residential purposes in the Village of Rouses Point;
C.
Within 1,000 feet of the property line of a parcel
containing or owned by a church or synagogue, other place of worship,
library, school, day-care facility, park, or playground within the
Village of Rouses Point;
D.
On the same parcel as another adult use and entertainment
establishment; or
E.
Within 1,000 feet of the property line of another
adult use and entertainment establishment, whether or not such other
establishment is located in the Village of Rouses Point. 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.
Area, yard, and height requirements shall be
the same as for other uses in the Commercial 5 (C-5) District, except
as noted above.
One space per each employee, plus one space
per three seats or stools.
The Village of Rouses Point Planning Board will
determine screening and landscaping requirements at the site plan
review of the application.
Signs allowed shall be in compliance with Commercial
5 (C-5) District zone regulations. Any ground, wall, canopy, window
or projection sign shall contain only the name of the establishment.
It shall not contain any advertising, or identification of any product,
service, etc.
No printed material, slide, video, photograph,
written text, live show, or other visual presentation format shall
be visible from outside the establishment.
No live or recorded voices, music, or sounds
shall be heard from outside the establishment.
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-projectors, or other image-producing devices
are maintained to show images to persons in booths or viewing moms
where the images so displayed depict or describe specified sexual
activities or specified anatomical areas.
A bookstore which as one of its principal business purposes
offers the sale of publications (including books, magazines, and other
periodicals) which are distinguished or characterized by their emphasis
on matter depicting, describing, or relating to specified sexual activities
or specified anatomical areas, or has as a preponderance of its publications
books, magazines, and other periodicals which arc distinguished or
characterized by their emphasis on matters depicting, describing,
or relating to specified sexual activities or specified anatomical
areas.
A nightclub, bar, restaurant, or other commercial establishment
that regularly features, exhibits, or displays as one of its principal
business purposes persons who appear nude or seminude or live performances
which are characterized by the exposure of specified anatomical areas
or by specified sexual activities or films, motion pictures, videocassettes,
slides, or other photographic reproductions which depict specified
sexual activities or specified anatomical areas.
Any performance of or involving the actual presence of real
people which exhibits specified sexual activities or specified anatomical
areas.
Any establishment of business wherein adult live entertainment
is shown for observation by patrons.
A motel, hotel, or similar commercial establishment that
offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic reproductions
that depict or describe specified sexual activities or specified anatomical
areas as one of its principal business purposes; offers a sleeping
room for rent for a period of time that is less than 10 hours; or
allows a tenant or occupant of a sleeping room to subrent the room
for a period of time that is less than 10 hours.
An enclosed building or premises used or presenting motion
pictures, a preponderance of which distinguished or characterized
by an emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features, exhibits, or displays, as
one of its principal business purposes, persons who appears in a state
of nudity or seminude, or live performances that expose or depict
specified anatomical areas or 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 massage, service or entertainment
where servers or entertainers wear pasties, G-strings or both; adult
arcade; adult bookstore or video stores; adult cabarets; adult motels;
adult motion-picture theaters, and adult theaters; escort agencies;
nude model studios and sexual encounters centers, and any other similar
business operated in a similar manner.
A commercial establishment which as one of its principal
business purposes offers for sale or rent for any form of consideration
any one or more of the following: videocassettes, video reproduction,
photographs, films, motion pictures, slides, or other visual representations
that depict or describe specified sexual activities or specified anatomical
areas or instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities.
A person or business that furnishes, offers to furnish, or
advertises to furnish escorts as one of its principal business purposes
for a fee, tips or other consideration. An "escort" means a person
who, for tip, or any other form of consideration, agrees or offers
to act as a date for another person, or who agrees or offers to privately
model lingerie or to privately perform a striptease for another person,
or, for consideration but without license granted by the State of
New York, agrees or offers to provide a massage for another person.
Any place where a person who appears seminude, in a state
of nudity, or who displays specified anatomical areas to be observed,
sketched, drawn, painted, sculpted, photographed, or similarly depicted
by other persons who pay money or any other form of consideration.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration physical contact
in the form of wrestling or tumbling between persons of the opposite
sex, or activities between male and female persons and/or persons
of the same sex when one or more of the persons are in a state of
nudity or seminude.
Less than completely and opaquely covered human genitals,
pubic region, buttock and female breast below a point immediately
above the top of the areola; and human male genital in a discernible
turgid state even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal;
acts of human masturbation, sexual intercourse or sodomy; or fondling
or other erotic touching of human genitals, pubic region, buttocks
or breasts.
A.
Any person, firm, corporation or entity found to be
violating any provisions of this local law shall be served with a
written notice by the Town's Codes Enforcement Officer 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 Village of Rouses Point; 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 Village of Rouses Point.
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 occupant and/or 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 Village
of Rouses Point for any expense or loss or damage occasioned by the
Village of Rouses Point by reason of such violation.
E.
The imposition of penalties herein prescribed shall
not preclude the Village of Rouses Point 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.
Upon the effective date of this chapter, Local
Law No. 4 of 2003, entitled "The Adult Use and Entertainment Establishments
Moratorium Law," as amended, shall be deemed repealed.
