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22
Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET,ALBANY.NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or'underlining to indicate new matter.
entail
of
Town of
Local Law No. of the year 19 98
local law
A providing for the regulation of adult entertainment businesses
(M,..i rare)
within the Town of Newfield.
Town .Board
Be it enacted by the of the
(N.-e of L.g..duive Day)
t1t
OtY
Town ,of Newfield
as follows:
'-
LOCAL LAW
1. Purpose.
1.1 It is recognized that there are some uses which, because of their
very nature, have serious objectionable operational characteristics when several of
them are concentrated under certain circumstances which produce an effect upon
adjacent areas. Special regulations of these uses is necessary to insure that adverse
effects will not contribute to the downgrading of the surrounding neighborhood. The
primary reason for regulation is to prevent a concentration of these uses in any one
area which could create adverse neighborhood effects.
1.2 It is the purpose of this Local Law to establish reasonable and
uniform regulations to prevent the concentration of adult entertainment businesses
within the Town of Newfield.
1.3 It is also the purpose of this Local Law to promote the health,
safety and general welfare of the citizens of the Town of Newfield.
(If additional space is needed, attach pages (1 )
the same size as this sheet,and number each.)
Tx?c- ?(Rev.2/98) l
li
NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 41 STATE STREET,ALBANY,NY 12231
Town of Newfield, Local Law No. 3, 1998
Page 2
1.4 The provisions of this Local Law have neither the purpose or effect of
imposing limitations or restrictions on the content of any communicative materials,
including those which describe or involve "specified sexual activities" or "specified
anatomical areas."
2. Adult Entertainment Restrictions.
2.1 Adult entertainment businesses are prohibited within:
(i) five hundred (500) feet from any lot devoted to residential
purposes,
(ii) five hundred (500) feet from any public or private school,
(iii) five hundred (500) feet from any church or other religious
facility or institution,
(iv) five hundred (500) feet from any public park, playground, youth
center, library, municipal office, museum or historic site,
(v) five hundred (500) feet from any business authorized to sell
alcoholic beverages for consumption either off or on premises,
(vi) five hundred (500) feet from any child day care facility, and
(vii) five hundred (500) feet from any other adult entertainment
business.
2.2 The conditions provided hereinabove shall be measured by
following a straight line, without regard to intervening buildings, from the nearest
point of the property parcel upon which the adult entertainment business is to be
located to the nearest point of the parcel of property which the adult entertainment
business is to be separated.
NEW YORK STATE DEPARTMENT OF STATE
Local,Law Filing 41 STATE STREET,ALBANY,NY 12231
Town of Newfield, Local Law No. 3, 1998
Page 3
3. Definitions. Adult entertainment business shall be defined as:
3.1 Adult arcades where, for any form of consideration, one or more
motion picture projectors, slide projectors or similar machines, for viewing by five or
fewer persons each are used to show films, motion pictures, video cassettes, slides
or other photographic reproductions, which are characterized by emphasis upon the
depiction or descriptions of"specified sexual activities" or "specified anatomical
areas."
3.2 Adult bookstores which have as substantial (40% or more) portion of
its stock in trade and offers for sale, for any consideration, any one or more of the
following:
3.2.1 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," and
3.2.2 Instruments, devices or paraphernalia which are designed
for use in connection with "specified sexual activities."
3.3 Adult cabarets, meaning any nightclub, bar, restaurant, or
similar establishment, which regularly features live performances characterized by
exposure of"specified anatomical areas" or by "specified sexual activities" or films,
motion pictures, video cassettes, slides or other photographic reproductions
characterized by an emphasis upon the description of"specified sexual activities" or
"specified anatomical areas."
3.4 Adult motion picture theater where, for any form of consideration,
films, notion pictures, video cassettes, slides or other photographic reproductions
are shown, in which a substantial portion of the total presentation time is devoted
to the showing of material characterized by an emphasis upon the description of
"specified sexual activities" or "specified anatomical areas."
NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 41 STATE STREET,ALBANY,NY 12231
Town of Newfield,Local Law No. 3, 1998
Page 4
3.5 Adult theater, meaning a theater, concert hall, auditorium or similar
establishment which, for any form of consideration, regularly features live
performances characterized by the exposure of"specified sexual activities" or
"specified anatomical areas."
3.6 Massage parlor where, for any form of consideration, massage,
alcohol rub fomentation, electric of magnetic treatment or manipulation of the
human body is administered, unless by a medical practitioner, chiropractor,
acupuncturist, physical therapist or similar professional person licensed by the
State of New York. This definition shall not be deemed to include an athletic club,
health club, school, gymnasium, reducing salon, spa or similar establishment where
massage or similar manipulation of the human body is offered as an incidental
accessory service.
4. Specified Sexual Activities shall be defined as:
4.1 Human genitals in a state of sexual stimulation or arousal; or
4.2 Acts of human masturbation, sexual intercourse or sodomy; or
4.3 Fondling or other erotic touching of human genitals, pubic
region, buttocks or female breast.
5. Specified Anatomical Areas shall be defined as:
5.1 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
5.2 Human male genitals in a discernible turgid state even if
completely and opaquely covered.
NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 41 STATE STREET,ALBANY,NY 12231
Town of Newfield,Local Law No. 3, 1998
Page 5
6. Violations. The violation of this Law shall be a Class A Misdemeanor.
In addition, any person violating this Local Law shall be liable to a civil penalty of
Five Hundred ($500.00) Dollars to be recovered by the Town in a civil action or
special proceeding. Each day such violation continues shall constitute a separate
violation of this Local Law. The Town may also maintain an action or special
proceeding for an injunction or other equitable relief to compel compliance with, or
to restrain the violation of, this Local Law. The use of any remedy shall not prevent
the use of any other remedy hereunder. The listing of remedies herein shall not
deprive the Town of the use of any other remedies provided by other provisions of
law.
7. Exceptions. The provisions of this Local Law shall not apply to any
theater, concert hall or similar establishment which is primarily devoted to
theatrical performances.
8. Severability. Should any section or provision of this Local Law be
declared unconstitutional or invalid by the Courts, such decision shall not affect the
validity of the balance of this Local Law.
9. Miscellaneous.
9.1 Not more that one (1) adult use shall be permitted on any
individual lot.
ii
9.2 All building openings, including doorways and windows, of the
adult entertainment business shall be located, covered or screened in such a
manner as to prevent a view into any adult entertainment business from the
outdoors.
9.3 No person under the age of eighteen (18)years shall be
permitted into or on the premises of any adult entertainment business.
9.4 No adult entertainment business shall display any exterior or
outdoor advertising of any kind, other than signage complying with all of the
requirements of the Town of Newfield Sign Law.
NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 41 STATE STREET,ALBANY,NY 12231
Town of Newfield, Local Law No. 3, 1998
Page 6
9.5 An adult entertainment business shall comply with all other
requirements of the Laws of the Town of Newfield, as well as all applicable County,
State and Federal laws and regulations.
BE IT FURTHER ENACTED, that this Local Law shall take effect
immediately upon filing with the Secretary of State in accordance with Section 27 of
the Municipal Home Rule Law, except that it shall be effective from the date of its
service as against a person served with a copy thereof, certified by the Town Clerk,
and showing the date of its passaged and entry in the Minutes of the Town Board.
Dated: November 12, 1998
(Complete the certification In the paragraph that applies to the filing of this local law and
strike out that which Is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 3 of 19
of the (County)(City)(Town)(Village) of'Tower of Newfield was duly passed by the
Newt i e J d J'cwu_J§o_ird. onNn_v_erohex__12 19 98_, in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
of the (County)(City)(Town)(Village)of was duly passed by the
on 19 --- , and was (approved)(not approved)(repassed after
(Name of Legisllative Body)
disapproval) by the and was deemed duly adopted on 19----,
(Elective Chief Executive Office.")
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
. ..ereby certify that the local law annexed hereto,designated as local law No. of 19
of the (County)(City)(Town)(Villagc)of was duly passed by the
on 19----,and was (approved)(not approved)(repassed after
(Name of Legilative Body)
disapproval) by the on 19--- . Such local law was subinitted
(Elective Chief Executive Officer")
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 19--- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was flied requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
of the (County)(City)(Town)(ViIlage)of-- was duly passed by the
on 19---- and was (a
a[ter
roved not approved)(repassed
( PP )(
(Name of Legislative Body)
disapproval) by the on 19--- . Such local law was subject to
(Elective Chief Executive Officer')
permissive referendum and.no valid petition requesting such referendum was filed as of 19---- ,in
accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-
wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village,or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
•
5. (City local law concerning Charter revision proposed by petition.)
ercby 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
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on 19----,
became operative.
6. (County 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 cit-
ies of said county as a unit and 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 certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law,and was finally adopted in the mantarrin ;•;•;••'.•
dicated in paragraph I , above.
Clerk of the County legislative body,City,Town or Village Clerk
or officer designated by local legislative body
(Seal) Date: OgicT
(Certification to be executed by County Attorney,Corporation Counsel,Town-Attorney, Village Attorney or
other authorized attorney of locality.)
Srn'fT OF NEW YORK
COUNTY OF TOPIPKINS
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all propef proceedings
have been had or taken for the enactment of the local law annexed hereto.
Signature
title TOWN ATTORNEY
County
City of NEWFIELD
Town
Village
Date:
(3)