HomeMy WebLinkAbout1998 #4(Please Use this Form for Filing your Local L2w ri-ith the Secretary of State!
Text of law should be given as amended. iso not inclueie matter being
e?intinate,i anti coo not use italics or underlining (o indicate ne%v matter.
GROTON
Torn
Vi3glK
Local Law No. ........................ of the year 19 .9 ........
A local 1 a w to d i � 0 varies sa-t cm of the Land Use arra Dr-- ,► t,� LCxb of the Tcwn of C�t^n to �te
(l n s c r t t i t l c) sexiBl y cL-iertT e. bLrdmsses
Be it enacted by the .... BOARD f th
(Name of L:21slatj�c Body)
�6�k�k
o f ....... GROTON.. .
7�o"n as follc>>tis.
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SECTION l:
1. Amend Section 120 of the Code to include the following terms and definitions:
Sexuallv Oriented Businesses: Shall be defined as and include the following-:
1. Adult Arcades: An establishment where, for any form of consideration, one (1) or
more motion picture projectors, slide projectors or similar machines are used to shoe films,
motion pictures, video cassettes, slides or other photographic reproductions which are
characterized by emphasis upon the depiction or description of "specified sexual activities" or
"specified anatomical areas" as defined in this Code.
2. Adult Bookstores: An establishment which has a substantial [fifty percent (509110)]
portion of its stock in trade and offers for sale, for anv consideration, any of the following:
(a) Books, magazines, periodicals or other printed matter or photographs.
films, motion pictures, video cassettes, slides or other visual representations, which are
characterized by an emphasis upon the depiction or description of "specified sexual activities" or
"specified anatomical areas" as defined in this Code, or
(b) Devices, equipment, instruments or paraphernalia which are designed for
use in connection with "specified sexual activities" as defined in this Code.
3. Adult Cabaret: Any nightclub, bar, juice bar, restaurant, or similar establishment,
which regularly features live performances characterized by exposure of "specified anatomical
areas" as defined in this Code or by "specified sexual activities" as defined in this Code, or films,
motion pictures, video cassettes, slides or other photographic reproductions characterized by an
emphasis upon the depiction or description of "specified sexual activities" as defined in this
Code or "specified anatomical areas" as defined in this Code.
4. Adult Motion Picture Theater: An establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides or other photographic reproductions
are shown, and in which a substantial portion of the total presentation time is devoted to the
showing of material characterized by an emphasis upon the depiction or description of "specified
sexual activities" or "specified anatomical areas" as defined in this Code.
. Adult Theater: A theater, concert hall, auditorium or similar establishment, which
for any form of consideration, regularly features live performances characterized by the exposure
of "specified anatomical areas" as defined in this Code or "specified sexual activities" as defined
in this Code.
6. Adult Video Store: An establishment where any explicit sexual films are sold.
7. Escort Agencies and Sexual Encounter Centers: Establishment where sexual
services are provided to clientele.
8. Massage Parlor: An establishment where, for any form of consideration, massage,
alcohol rub, fomentation, electric or magnetic treatment or other manipulation of the human body
is administered, unless done by a physician, chiropractor, acupuncturist, physical therapist, or
other similar professional person licensed by the State of New York. The definition shall not be
deemed to include an athletic club, health club, school, gymnasium, spa, or similar establishment
where massage or similar manipulation of the human body is offered as an incidental accessory
service.
9. Sexual Anatomical Areas: Are defined as:
(a) Less than completely and opaquely covered human genitals, pubic region,
buttocks and female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernible turgid state even if completely and
opaquely covered.
10. Specified Sexual Activities: Are defined as:
lap dancing; or
(a) Human genitals in a state of sexual stimulation or arousal; or
(b) Acts of human masturbation, sexual intercourse, sodomy, nude dancing or
(2)
(c) Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breasts.
2. Add Section 317 of the Code to read as follows:
SECTION 317. Sexually Oriented Business
317.1 Purpose. It is the purpose of this section to regulate sexually oriented businesses and to
promote the health, safety and general welfare of the residents of the Town of Groton by
establishing reasonable regulations to monitor the location and concentration of sexually oriented
businesses within the Town of Groton. The provisions of this section have neither the purpose
nor effect of imposing a limitation or restriction of sexually oriented materials. Similarly, it is.
not the intent or effect of this section to restrict or deny access by adults to sexually oriented
materials or to deny access by the distributors and exhibitors of sexually oriented entertainment
items to their market.
317.2 Restrictions: Sexually oriented businesses, as defined in this Code, shall be permitted
only in a Rural -Agricultural District (RA) within the Town of Groton, provided that a site plan
review and special permit are obtained from the Planning Board and subject to the following:
a. A sexually oriented business, as defined in this Code, shall not be operated within
one thousand (1000) feet of.
1. A church, synagogue or regular place of religious worship; or
2. A public or private elementary or secondary school; or
3. A boundary line of any property zoned as a residential district or any
property used for residential purposes as a permitted use; or
4. A public use park adjacent to any residential district or any property used
for residential purposes as a permitted use; or
5. Day care facilities.
b. A sexually oriented business, as defined in this Code, may not be operated within
one thousand (1000 feet) of another sexually oriented business, as defined in this
Code.
C. A sexually oriented business, as defined in this Code, may not be operated in the
same building, structure or portion thereof containing another sexually oriented
business, as defined in this Code.
d. For the purpose of this section, measurement shall be made in straight line,
without regard to intervening structures or objects, from the nearest portion of the
property line where a sexually oriented business, as defined in this Code, is
conducted, to the nearest property line of the premises of a place of religious
worship, public or private elementary or secondary school, day care facility, or to
(3)
the nearest boundary of an affected public park, residential district or residential
lot.
e. For purposes of subsection (c� of this section, the distance between any two (2)
sexually oriented business, as defined in this Code, shall be measured in a straight
line, without regard to intervening structures or objects, from the property line in
which each business in located.
f. All sexually oriented businesses, as defined in this Code, shall be conducted in an
enclosed building. No specified anatomical area or any specified sexual activity,
as defined in this Code, or any display, decoration, sign or similar depiction of
specified anatomical areas or specified sexual activities, as defined in this Code,
shall be visible from the exterior of any building containing a sexually oriented
business, as defined in this Code, regardless of location or distance.
317.3 Location in Rural -Agricultural (RA) District: Further Requirements
a. A sexually oriented business, as defined in this Code, may be operated only
within a Rural -Agricultural (RA) District in the Town of Groton and only in
accordance with this section and other pertinent sections of the Code.
b. Prior to the commencement of any sexually oriented business as defined in this
Code, or upon the transfer of ownership or control of any sexually oriented
business, as defined in this Code, the premises housing such business must be
inspected and found to be in compliance with all laws, rules and regulations
enforced by the county health department, town fire department, town code
enforcement officer and,/or other applicable enforcement officers/agencies.
C. All inspections made pursuant to subsection (b) of this section shall make a
written report within twenty (20) days of said inspection indicating that the
sexually oriented business, as defined in this Code, is or is not in compliance with
all laws, rules and regulations mentioned in subsection (b) of this section. Said
report is to be sent to the enforcement officer of the Town of Groton.
d. The code enforcement officer of the Town of Groton or other enforcement official
shall have the right to inspect the premises of a sexually oriented business, as
defined in this Code, for the purpose of insuring compliance with any section of
this Code or any other applicable law, rule or regulation at any time said business
is occupied or open for business, or at such other times as may be reasonable.
e. The town code enforcement officer and/or the Town of Groton shall be allowed to
take all measures necessary either pursuant to this Code, or through the laws of
New York State and the United States, by the commencement of a legal
proceeding or any other legal means to suspend the right to conduct any sexually
(4)
oriented business, as defined in this Code, in the event that one of the following
has occurred:
1. The sexually oriented business, as defined in this Code, has violated or is
not in compliance with any section of this Code; or
2. The owners and/or operators of the sexually oriented business, as defined
in this Code, knowingly allowed prostitution or other illegal activity on the
premises of said business; or
3. The owners and/or operators of the sexually oriented business, as defined
in this Code, knowingly allowed any act of sexual intercourse, sodomy,
oral copulation, masturbation or other sexual conduct to occur on the
premises of said business.
3. Amend Section 341 of the Code to include the following land use activity and in which
district said activity is permitted:
Sexually Oriented Business RA*
SECTION 2.
If any part of this Local Law or the application thereof to any person or circumstance be
adjudged invalid by any court of competent jurisdiction, said judgment shall be confirmed in its
operation to the part or provision or application directly involved in this controversy in which
such' udgment shall have been rendered and shall not affect or impair the validity of the
remainder of this Local Law or the application thereof to other persons or circumstances, and the
Town of Groton hereby declares that it would have passed this Local Law or the remainder
thereof had such invalid application or invalid provision been apparent.
SECTION 3.
This Local Law shall take effect immediately upon filing in the office of the Secretary of State in
accordance with section twenty-seven of the Municipal Home Rule Law.
(C;oiiiplete the certification in (lie paragraph which applies to the filing of this local law and strike out the matter
therein r flick is not applicable.)
1. ('anal ado;-ption b) local legisla(ile body only.)
I hereby certify that the local law annexed tiereto, designated as local law No. 4....... of 19.98...
Groton
%tiIas duly passed by the Town Board
of [lie of ............... .
..........
Town (Namc of Lcgislativc clod~•)
on ...........%... . 7...... 19 .98... ill accoi-djilce xilh the applicable provisions of law.
2. (Passage bylocnl legislative body with approial or no disapproN'al by Electk-e Cllief Lxecuti)e Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed liereto, designated as local law No. ......... of 19........
Count},
City
of the of ................ was duly passed by [lie ........................................ .
Town (Namc of c llod�
Village
not disapproved
oil ............................. 19 ........ and was approved by the ............................
repassed after disapproval t:!cc;i%c Chic( E,cccull�c t)f('ccr'
and was deemed duiy adopted on .................................. 19 ......... in accordance %with the applicable
provisions of law.
3. (Final adoption by referendum.)
hereby certify iliac the local law annexed hereto, designated as local law No. ........ of 19 ........
County
of the City of ................ was drily classed by tile ....................................... _ .
Tow'ii (Namc of Lcgisla(i,c Body)
Village
not. disapproved
ori ............................. 19 ........ aiid was approved by the ........................... .
f lccti�c Chrcf E.iccutl�c ()((iccr'
repassed after disapproval
ori .................................. 19 .......... Such local law was submitted to the people by reason of a
mandatory
permissive
referendum, and received the affirmative vote of a majority of (lie qualified electors voting
general
thereon at the special election held on .............................19 ......... ill accordance with the applicable
aii,nual
provisions of law.
t. (Subject to permissi)e referendum, acid final adoption because no valid petition filed requesting referendum.)
I hereby certify that the local lave annexed hereto, designated as local law No. ........ of 19 ........
Coiiiity
of (lie City
was duly passed by the
TOwil (Marne of LccisianNc Body)
Village
not disapproved
Oil ............................1 19 ........ and was approved by the ............................
repassed after disapproval El ccuvcChief Ex ccutIvc()fficcr'
n .................................. 19 .......... Such local law being subject to a permissive referendum and nt)
•aiid petition requesting such referendum having been filed, said local law was deemed drily adopted
on .............................19 ......... in accordance with [lie applicable provisions of law.
'F.ledke Chief F.xecutitie Officer means or includes the chief cNecutiie officer of a coun(y elected on a county-Nside basis or. if
there be none, the chairman of the county legislaiiie body, the niaror of a city or tillage or the superNisor of a torn »here such
officer is Nested with power to approie or leto local laNss or ordinances.
(6)
5. (Cit) local law concerning Charter re6sion proposed by petition.)
1 hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ........
of the City of ................................. having been submitted to referendum pursuant to the
provisions of X36 of the Municipal Home Rule Law, and having received tilt affirmative vote of a
special
majority of the qualified electors of such city voting thereon at the general election held on ............
............ 19......... became operative.
6. (Count), local law concerning adoption of Charter.)
i hereby certify that the local law annexed hereto, designated as local law No. ........ of 19.........
of the County of .......... . .......... . State of New York, having been submitted to the Electors at the
General Election of November ............. 19......, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(if any other authorized form of final adoption has been followed, please provide an appropriate certifica-
tion.)
I further certify that 1 have compared the preceding local law with the original on file in this office
and that the sante is a correct transcript therefrom and of the whole of such original local law, and %-,,as
finally adopted in the (nanner indicated in paragraph ..1......... above.
0aift.�f— , "��
Clerk of the County lcgisla►ive body, City, Town or Village Clcrk or
officer designated by local legislative body
COLLEEN D. PIERSON, Groton Town Clerk
Date:X10?7 98
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY O F , . CORTLAND ...............
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
-)per proceedings have been had or taken for the enactment of the local law annexed hereto.
....��...............
:��
Signature
Francis J. Casullo, Town Attorney
...................................................
Title
Date: 9/o? % � 8' QIXX Groton
Town
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