§ 49-1. Purpose.
A. Based
upon the Village's research and the experience of other municipalities
throughout the state adult-oriented businesses, inter alia, have been found to
have negative effects on commercial activity efforts, the incidence of crime,
property values, commercial character and the quality of life.
B. It
is the purpose of this chapter to regulate adult-oriented businesses and related
activities to promote the health, safety, morals and general welfare of the
citizens of the Village and to prevent the deleterious location and
concentration of adult-oriented businesses within the Village. The provisions
of this chapter, have neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including
sexually oriented materials.
§ 49-2. Definitions.
As used in
this chapter, the following terms shall have the meanings indicated:
ADULT
USES -- Whenever used in this chapter,
the words "adult use" or "adult-oriented business" apply to
the following types of establishments:
A. ADULT
BOOKSTORE -- An establishment which has as a substantial or
significant portion of its stock-in-trade books, pamphlets, magazines and other
periodicals, sculptures, photographs, pictures, slides, videotapes, films,
virtual reality pornography or sound recordings which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas, or an establishment
or business containing a segment or section devoted to the sale or display of
such material; and which establishment excludes any minor by reason of age.
B. ADULT
ENTERTAINMENT CABARET -- A public or private nightclub, bar, juice
bar, restaurant or similar establishment which presents topless or bottomless
dancers, go-go dancers, strippers, male or female impersonators, exotic
dancers, or other similar entertainment, and which establishment excludes any
minor by reason of age.
C. ADULT
VIDEO STORE -- An establishment having as a substantial or
significant portion of its stock-in-trade videotapes or films for sale or
viewing on premises by use of motion picture devices, video equipment or other
coin-operated means, which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities or
specified anatomical areas, or an establishment or business containing a
segment or section devoted to the sale or display of such material; and which
establishment excludes any minor by reason of age.
D. PEEP
SHOW -- A theater which presents material in the form of live shows,
film, or videotapes viewed from an enclosure for which a fee is charged and
which excludes any minor by reason of age.
E. 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, medical clinic, or the office of a physician,
surgeon, chiropractor, osteopath, or duly licensed physical therapist or duly
licensed massage therapist, or barber shops or beauty salons in which massages
are administered only to the scalp, face, neck or shoulders. This definition
shall also exclude health clubs which have facilities for physical exercise
such as tennis courts, racquet ball courts or exercise rooms, and which did not
receive their primary source of revenue through the administration of massages.
F. ADULT
MOTEL -- A motel which excludes minors by reason of age, or which
makes available to its patrons in their rooms films, slide shows, or
videotapes, which if presented in a public movie theater would exclude any
minor by reason of age.
G. ADULT
THEATER -- A theater that customarily presents motion pictures,
films, videotapes, or slide shows and that excludes any minor by reason of
age.
H. BODY
PAINTING STUDIO -- Any establishment or business which provides the
service of applying paint or other substance whether transparent or
nontransparent to or on the human body and which excludes any minor by reason
of age.
I. ADULT
MODEL STUDIO -- Any establishment where, for any form of
consideration or gratuity, figure models are provided to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by persons
other than the proprietor, paying such consideration or gratuity and which
excludes any minor by reason of age. This provision shall not apply to any
school of art which is operated by an individual, firm, association,
partnership, corporation or institution, which meets the requirements
established in the New York State Education Law for the issuance of conferring
of, and is in fact authorized to issue and confer a diploma.
§ 49-3. Restrictions.
In addition
to the requirements of Chapter 200, Zoning, adult uses shall be permitted
subject to the following restrictions:
A. Adult
uses shall not be located within a one-thousand-five-hundred-foot radius of any
area zoned for residential use. For measurement purposes, the distance between
an adult use and any residential zoning district shall be measured in a
straight line, without regard to intervening structures or objects, from the
closest structural wall of such adult use to the boundary line of such
residential district.
B. Adult
uses shall not be located within a one-thousand-five-hundred-foot radius of
another adult use. For measurement purposes, the distance between adult uses
shall be measured in a straight line, without regard to intervening structures
or objects from the closest structural wall of such adult use to the closest
structural wall of any other adult use.
C. Adult
uses shall not be located within a one-thousand-five-hundred-foot radius of any
school, nursery school, day-care center, educational institution, house of
worship, park or playground, historic or scenic resource, and civic or cultural
facility. For measurement purposes, the distance between an adult use and such
other named uses shall be measured in a straight line, without regard to
intervening structures or objects, from the closest structural wall of such
adult use to the closest property boundary of such school, nursery school,
day-care center, educational institution, house of worship, park or playground,
historic or scenic resource, and civic or cultural facility.
D. Not
more than one adult use shall be located in the same building or upon the same
lot or parcel of land.
E. No
loudspeakers or sound equipment shall be used for adult uses that can be
discerned by the public from public or semipublic areas.
F. Advertisements,
displays or other promotional materials shall not be shown or exhibited so as
to be visible to the public from pedestrian walkways, or from other areas
public or semipublic, and such displays shall be considered sign.
(1) No
sign or other structure shall be placed, erected, or used on the premises
except as provided in this section and/or in the Village of New York Mills
Zoning Ordinance.
(2) Not
more than one business wall sign shall be permitted for an adult use and said
sign shall be permitted only on the front facade.
§ 49-4. Penalties for
offenses.
Any person,
corporation, or partnership or entity that establishes, constructs or installs
any building, improvement, or structure, or conducts or operates any land use
in violation of the provisions of this chapter, shall be guilty of a violation,
and upon conviction, subject to a penalty of up to $500 for each day that such
violation continues to exist. Nothing herein shall be construed to limit the
authority of the Village to seek and obtain injunctive relief for any violation
of this chapter.
