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HomeMy WebLinkAboutLL 01 of 1998 Moratorium on Adult Entertainment.TOWN OF ITHACA LOCAL LAW NO.^OF THE YEAR 1998 A LOCALLAW PROVIDING FORA MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FORA PERIOD OF NINETY (90)DAYS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1.Findings and Purpose.The Town Board of the Town of Ithaca finds: 1.An adult entei^inment business has been established in the nearby community of McLe^,New York,which establishment has resulted in considerable controversy over the potential adverse effects of such businesses upon neighboring properties and the community as a whole; 2.In light of such establishment it would be appropriate to consider the need for regulating the establishment of such businesses in the Town of Ithaca; .3.At present,the Town's Zoning Ordinance may not permit such enterprises anywhere ^:^;j mtfe "piwn,and if such businesses were to be permitted,it would be appropriate to consider riywhere in the Town they might be located; :Regulation of certain types of adult entertainment establishments may incidentallyresultinsornelimitationoffreespeechprivilegesanditisthereforenecessarytodeterminewhat -types of legislation would be appropriate and permissible,and would result in the least intrusion on free speech or other constitutional rights; 5.^e Town has begun the process of carefully studying the effects of adult entertainment businesses on a community and surrounding properties,the appropriate locations •in the Town for such businesses,and the amount of regulation,if any,necessary and permissible to minimize adverse effects with the least impact on constitutional rights; 6.It is anticipated that the smdy can be completed,and legislation,if needed,drafted p and properly adopted within 90 days of the adoption of this local law; 7*pi^oses of any new legislation would be significantly subverted if an adultentertainmentbusinessweretobeestablishedbeforethestudycouldbecompletedand implemented by legislation;and 8.Accordingly,in order to maintain the stams quo relative to such adult entertainment businesses during the limited time the Town needs to complete such study and adopt such 'legislation,it is necessary to adopt this local law. / Moratori.U wp5 l/ith/locallaw Januaiy27,1998 9:07pm Section 2.Definitions.The following definitions apply to this local law: "Adult entertainment business"is a business involving one or more of the following: (a)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 description of "specified sexual activities"or "specified anatomical areas." (b)Adult bookstores which have as a substantial (50%or more)portion of its stock in trade and offers for sale,for any consideration,any one or more of the following: (i)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,or (ii)Instruments,devices or paraphernalia which are designed for use in connectionwith specified sexual activities. (c)Adult cabarets meaning any nightclub,bar (including establishments which do not serve alcoholic beverages),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 depiction or description of specified sexual activities or specified anatomical areas. (d)Adult motion picture theater where,for any form of consideration,films, motion pictures,video cassettes,slides or other photographic reproductions are regularly 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. (e)Adult theater meaning a theater,concert hall,auditorium or similar establishment which,for any form ofconsideration,regularly features live performances in which a substantial portion of the total presentation time is devoted to the exposure of specified sexual activities or specified MontorlU wpS 1/ith/Iocallaw januaiy 27,1998 9:07pin anatomical areas. (f)Massage parlor where,for any form of consideration,massage,alcohol rub,fomentation,electric or magnetic treatment or manipulation of the human body is administered,unless by a medical practitioner, chiropractor,acupuncturist,physical therapist,licensed massage therapist, or similar professional person licensed by the state.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. (g)Peep show where,for any form of consideration,persons may observe from individual enclosures shows which regularly feature 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 depiction or description of specified sexual activities or specified anatomical areas. "Specified anatomical areas" means f te- (a)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 (b)Human male genitals ina discernible turgid state even if completely and opaquely covered. "Specified sexual activities" means (a)Human genitals in a state of sexual stimulation or arousal;or (b)Acts of human masturbation,sexual intercourse or sodomy;or (c)Fondling or other erotic touching of human genitals,pubic region, buttoc^or female breast. Section 3.Prohibition of Adult Entertainment Businesses.Fora period of ninety days from thedate of enactment of this local law, no adult entertainmentbusiness shall be established or permitted in the Town of Ithaca. Section 4.Implementation of Prohibition.For a period of nineQr days from the MontorLll wp31/ith/IocalIaw Januaiy 27,1998 9:07p[n enactment of this local law 1. No Town official shall accept for filing any application for the establishment of an adult entertainment business; 2.The Town Plai^g Board shall not grant any approvals,preliminary or final,for any site plan or subdivision involving,or related to,the establishment of an adult entertainment business; 3.The Town Zoning Board of Appeals shall not grant any special approval or variance permitting the establishment of an adult entertainment business;and 4.The Building Code and Zoning Enforcement Officer shall not issue any building or other permit for any construction or change of use that is related to, or would result in the establishment of an adult entertainment business. Section 5.Penalties. 1.Any person establishing or conducting an adult entertainment business in violation of this law shall be subject to the penalties set forth in Section 268 of the Town Law ofthe State ^of New York. 2.In the event of an unlawful establishment of an adult entertainment business,in addition to any other remedies available to the Town,the proper authorities of the Town may institute any appropriate action or proceeding to enjoin,prevent,restrain,correct or abate such violation or any occupancy in violation of this local law. Section 6.Term.This local law shall be in effect for a period of ninety days from its effective date,provided,however,thatthe penalty section shall remain in full force and effect after such ninety day period for the purpose ofprosecuting any violation which occurred during -such ninety day period. Section 7.Applicability.This local law shall apply to all areas of the Town of Ithaca outside the Village of Cayuga Heights. Section 8.Partial Invalidity.If any provision of this law is found invalid by any court of competent jurisdiction,such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 9.This local law shall take effect ten days after publication ofthis local lawor an abstract or summary of same in the Ithaca Journal.