HomeMy WebLinkAboutLL 15 of 1998 Regulating Adult EntertainmentTOWN OF ITHACA
LOCAL LAW NO.15 OF THE YEAR 1998
A LOCAL LAW PROVIDING FOR LICENSING AND REGULATION
OF ADULT ENTERTAINMENT BUSINESSES AND EMPLOYEES
Be it enacted by the Town Board of the Town of Ithaca as follows:
SECTION I.PURPOSE AND FINDINGS.
(A) Purpose. It is the purpose of this local law to regulate adultentertainmentbusinesses
in orderto promote the health, safety,morals,and general welfare of the citizens of
the Town, and to establish reasonable and uniform regulations to prevent the
deleterious location of adult entertainment businesses within the Town.The provisions
of this local law have neither the purpose nor effect of imposing a limitation or
restriction on the content of any communicative materials,including adult
entertainment materials.Similarly,it is not the intent nor effect of this local law to
restrictor deny accessby adults to adult entertainment materials protected by the First
Amendment,or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market.Neither is it the intent nor effect of this local
law to condone or legitimize the distribution of obscene material.
(B)Findings.Based on evidence concerningthe adverse secondary effects of adult uses
on the community presented in hearings and in reports made available to the Board,
including a study prepared by the Town's Planning Department,and on findings
incorporated in the cases of Town of Renton v.Playtime Theatres,Inc.,470 U.S.41
(1986),Young v.American Mini Theatres,426 U.S.50 (1976),and Barnes v.Glen
Theatre,Inc., 501 U.S. 560 (1991),and on studies in other communities including, but
not limited to, the Town of Islip,N.Y.,Los Angeles,California,and New YorkCity,
N.Y.the Board finds:
(1) Adult entertainment businesses lend themselves to ancillary unlawful
and unhealthy activities that are presently uncontrolled by the operators of the
establishments. Further, there is presendy no mechanism to make the owners
of these establishments responsible for the activities that occur on their
premises.
(2)Certain employees of adult entertainment businesses defined in this
local law as adult theaters and cabarets engage in higher incidence of certain
types of illicitsexualbehaviorthan employees of other establishments.
(3) Offering,and providing privateor semi-private spaces with videos or
live sex shows encourages activitiesof a sexual nature,which creates unhealthy
conditions.
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(4) At least 50 communicable diseases may be spread by activities
occurring in adult entertainment businesses,including,but not limited to,
syphilis,gonorrhea,human immunodeficiency virus infection (HTV-AIDS),
genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and
shigella infections.
(5)Since 1981 and to the present,there has been an increasing cumulative
number of reported cases of AIDS caused by the human immunodeficiency
virus (HIV) in the United States and in the State of New York.
(6) Since 1981 and to the present, there have been an increasing cumulative
number of persons testing positive for the HIV antibody test in New York and
in Tompkins County.
(7) The number of cases of other sexually transmitted diseases in the
United States reported annually has risen over the last decade.
(8) According to the best scientific evidence,AIDS and HIV infection, as
well as syphilis and gonorrhea, are principally,transmittedby sexual acts.
(9) Sanitary conditions in some adult entertainment businesses are
unhealthy,in part,because the activities conducted there are unhealthy,and, in
part,because of the unregulated nature of the activities andthe failure of the
owners and the operators of the facilities to self-regulate those activities and
maintain those facilities.
(10) Numerous studies and reports have determined that semen is found in
the areas of adult entertainment businesseswhere persons view "adult" oriented
films.
(11)The findings noted in the preceding paragraphs raise substantial
Governmental concerns.
(12)Adult entertainment businesses have operational characteristics which
should be reasonably regulated in order to protect those substantial
governmental concerns.
(13)A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the ownersand the operators of the
adult entertainment businesses.Further, such a licensing procedure will place a
heretofore nonexistent incentive on the operators to see that the adult
entertainment business is run in a manner consistent with the health,safety and
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welfare of its patrons and employees,as well as the citizens of the Town.It is
appropriate to require reasonable assurances that the licensee is the actual
operator of the adult entertainment business, fully in possession and control of
the premises and activities occurring therein.
(14) Requiring sufficient lighting on premises with adult booths advances a
substantial governmental interest in curbing the illegal and unsanitary sexual
activity occurring in adult theaters.
(15) Requiring licensees of adult entertainment businesses to keep
information regarding current employees and certain past employees will help
reduce the incidence of certain types of criminal behavior by facilitating the
identification of potential witnesses or suspects and by preventing minors from
working in such establishments.
(16) The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the adult
entertainment business,where such information is substantially related to the
significant governmental interest in the operation of such uses, will aid in
preventing the spread of sexually transmitted diseases.
(17) It is desirable in the prevention of the spread of communicablediseases
to obtain a limited amount of information regarding certain employees who
may engage in the conduct which this local law is designed to preventor who
are likely to be witnesses to such activities.
(18)The fact that an applicantfor an adult use license has been convicted of
a sexually related crime leads to the rationalassumptionthat the applicant may
engage in that conduct in contravention of this local law.
(19) The barring of such individuals from the management of adult uses for
a period of years serves as a deterrent to and prevents conduct which leadsto
the transmission of sexually transmitted diseases.
(20) The general welfare, health, moralsand safety of the citizens of the
Town will be promoted by the enactmentof this local law.
SECTION 11.DEFINITIONS.
(1)ADULT ARCADE meansany place to which the public is permitted or invited
wherein coin-operated,slug-operated,or for any form of consideration,electronically,
electrically,or mechanically controlled stillor motion picture machines,projectors,video or
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laser disc players, or other image-producing devices are maintainedto show images to five or
fewer persons per machine at any one time, and where the images so displayed are
distinguished or characterized by the depicting or describingof "specified sexual activities" or
"specified anatomical areas."
(2) ADULT BOOKSTORE.ADULT NOVELTY STORE OR ADULT VIDEO
STORE means a commercial establishment which, as one of its principal purposes,offers for
sale or rental for any form of consideration any one or more of Ae following:
(a) books,magazines,periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions,slides, or other visual
representations whichare characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas"; or
(b) instruments,devices,or paraphernalia which are designed for use in
connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not
involvethe offeringfor sale or rental of material depicting or describing "specified
sexual activities" or "specified anatomical areas" and still be categorized as ADULT
BOOKSTORE,ADULT NOVELTY STORE,or ADULT VIDEO STORE.Such other
business purposes will not serve to exempt such commercial establishments from being
categorized as an ADULT BOOKSTORE,ADULT NOVELTY STORE,or ADULT
VIDEO STOREso long as at least 50%of its storearea, or 50% of its display area, is
utilized in the offering for sale or rentalfor consideration the specified materialswhich
are characterized by the depiction or description of "specified sexual activities" or
"specified anatomical areas."
(3)ADULT CABARET means a nightclub,bar,restaurant,or similarcommercial
establishment which regularly features:
(a)persons who appear in a state of nudity or semi-nude;or
(b) live performances which are characterized by the exposure of "specified
anatomical areas" or by "specified sexual activities"; or
(c)films,motion pictures,video cassettes,slides or other photographic
reproductions which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas."
(4)ADULT ENTERTAINMENT BUSINESS means an adult arcade,adult
bookstore,adult novelty store,adult videostore,adult cabaret,adult motel,adultmotion
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picture theater, adult theater, escort agency, or nude model studio.
(5)ADULT MOTEL means a hotel,motel or similar commercial establishment
which:
(a) offers accommodations to the public for any form of consideration;
providespatrons with closed-circuit television transmissions,films, motion pictures,
video cassettes, slides, or other photographic reproductions which are characterized by
the depiction or description of "specified sexual activities"or "specified anatomical
areas"; and has a sign visible from the public right of way which advertises the
availability of this adult type of photographic reproductions; or
(b) offers a sleeping room for rent for a period of time that is less than ten
(10)hours;or
(c) allows a tenant or occupant of a sleeping room to subrent the room for
a periodof time that is less than ten (10)hours.
(6) ADULTMOTIONPICTURE THEATER means a commercial establishment
where,for any form of consideration,films,motion pictures,video cassettes,slides,or similar
photographic reproductions are regularly shown which are characterized by the depiction or
description of "specified sexual activities"or "specified anatomical areas."
(7)ADULT THEATER means a theater,concert hall,auditorium,or similar
commercial establishmentwhich regularly features persons who appear in a state of nudity or
semi-nude,or live performances which are characterized by the exposure of "specified
anatomical areas" or by "specified sexual activities."
(8)EMPLOYEE means a personwho performs any service on the premises of a
adult entertainment businesson a full-time, part-timeor contract basis, whether or not the
person is denominated an employee,independent contractor,agent or otherwise and whether
or not said person is paid a salary,wage or other compensation by the operator of said
business.Employee does not include a person exclusively on the premises for repair or
maintenance of the premises or equipment on the premises,or for the delivery of goods to the
premises.
(9)ESCORT means a person who,for consideration,agrees or offers to act as a
companion,guide,or date for another person,or who agrees or offers to privately model
lingerie or to privately perform a stripteasefor another person.
(10)ESCORT AGENCY means a person or business association who furnishes,
offers to fumish, or advertisesto furnish escorts as one of its primarybusiness purposes for a
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fee, tip, or other consideration.
(11)ESTABLISHMENT means and includes any of the following:
(a) the opening or commencement of any adult entertainment business as a
new business;
(b) the conversion of an existing business, whether or not an adult entert
ainment business,to any adult entertainment business;
(c) the addition of any adult entertainment business to any other existing
adult entertainment business;or
(d) the relocation of any adult entertainment business.
(12)LICENSEE means a person in whose name a license to operate an adult
entertainment business has been issued,as well as the individual listed as an applicant on the
application for a license;and in thecase ofan employee,a person in whose name a license
has been issued authorizing employment in an adult entertainment business.
(13)NUDE MODEL STUDIO means any place where a person who appears semi-
nude,in a state of nudity,or who displays "specified anatomical areas"andis providedto be
observed,sketched,drawn,painted,sculptured,photographed,or similarly depicted by other
persons who pay money or any form of consideration.Nude Model Studio shall not include a
proprietary school licensed by the State of New York ora college,junior college or university
supported entirely orin part by public taxation;a private college or university which
maintains and operates educational programs in which credits are transferable to a college,
junior college,or university supported entirely or partly by taxation;orin a structure:
(a) that hasno sign visible from the exterior of the structure and no other
advertising that indicates a nude or semi-nude person is available for viewing;and
(b)where in orderto participate in a class a student must enroll at least
three days in advance of the class; and
(c)where no more than one nude or semi-nude model is on the premises at
any one time.
(14)NUDITY or a STATE OF NUDITY means the showing of the human maleor
female genitals,pubic area,vulva,anus,anal cleft or cleavage with less than a fully opaque
covering,the showing of the female breast with less than a fully opaque covering of any part
of the nipple,or the showing of the covered male genitals ina discemibly turgid state.
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(15)PERSON means an individual,proprietorship,partnership,corporation,
association,or other legal entity.
(16)SEMI-NUDE or in a SEMI-NUDE CONDITION means the showing of the
female breast below a horizontal line across the top of the areola at its highest point or the
showing of the male or female buttocks. This definitionshall include the entire lower portion
of the human female breast, but shall not include any portion of the cleavage of the human
female breast,exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing
apparel provided the areola is not exposedin wholeor in part.
(17)SPECIFIED ANATOMICAL AREAS means:
(a) the human male genitals in a discemibly mrgid state, even if completely
and opaquely covered; or
(b) less than completely and opaquely covered human genitals, pubic
region,buttocks or a female breast below a point immediately above the top of the
areola.
(18)SPECIFIED CRIMINAL ACTIVITY means anyof the following offenses:
(a)prostitution or promotion of prostitution;dissemination of obscenity;
sale,distribution or display of harmful material to a minor;sexual performance by a
child;possession or distribution of child pornography;public lewdness;indecent
exposure;indecency with a child;engaging in organized criminal activity;sexual
assault; molestation of a child; gambling;or distribution of a controlledsubstance; or
any similar offenses to those described above under the criminal or penal code of
other states or countries;
(b) for which:
(1) less than two years have elapsed since the date of conviction or
the date of release from confinement imposed for the conviction,whichever is
the later date, if the conviction is of a misdemeanor offense;
(2) less than five years have elapsed since the date of conviction or
the date of release from confinement for the conviction,whichever is the later
date, if the conviction is of a felony offense; or
(3) less than five years haveelapsedsince the date of the last
conviction or the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two or more misdemeanor
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offenses or combination of misdemeanor offenses occurring within any 24-
month period.
(c) The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or a person residing with the applicant.
(19) SPECIFIED SEXUAL ACTIVITIES means any of the following:
(a) the fondling or other erotic touchingof human genitals, pubic region,
buttocks,anus,or female breasts;
(b) sex acts,normal or perverted,actual or simulated,including intercourse,
oral copulation, masturbation, or sodomy; or
(c)excretory functions as part of or in connection with any of the activities
set forth in (a)through (b)above.
(20)SUBSTANTIAL ENLARGEMENT of an adult entertainment business means
the increase in floor areas occupied by the business by more than twenty-five percent (25
percent), as the floor areas exist on the date this local law takes effect.
(21)TRANSFER OF OWNERSHIP OR CONTROL of an adult entertainment
business means and includes any of the following:
(a) the sale, lease,or sublease of the business;
(b) the transfer of securities which constimte a controlling interest in the
business, whether by sale,exchange,or similar means; or
(c) the establishment of a trust, gift, or other similar legal device which
transfers the ownership or control of the business, except for transfer by bequest,or
other operation of law upon the death of the personpossessingthe ownership or
control.
SECTION III.CLASSIFICATION.
Adult entertainment businesses are classified as follows:
(1)adult arcades;
(2)adult bookstores,adult novelty stores,or adult video stores;
(3)adult cabarets;
(4)adult motels;
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(5)adult motion picture theaters;
(6)adult theaters;
(7)escort agencies;and
(8)nude model studios.
SECTION IV LICENSE REQUIRED.
(A) It is unlawful:
(1).For any person to operate an adult entertainment business without a
valid adult entertainment business license issued by the Town pursuant to this local
law.
(2). For any person who operates an adult entertainment business to employ
a person to workfor the adult entertainment business who is not licensed as an adult
entertainment business employee by the Town pursuant to this local law.
(3). For any person to obtain employment with an adult entertainment
business without having secured an adult entertainmentbusiness employee license
pursuant to this local law.
(B)An application for a license must be made on a form provided by the Town.
(C)All applicants mustbe qualified according to the provisions of thislocal law.
The application may request and the applicant shall provide such information (including
fingerprints)as to enable the Town to determine whether the applicant meets the quali
fications established in this local law.
(D)If a person who wishes to ^operate an adult entertainment business is an
individual,the person must sign the application for a license as applicant.If a person who
wishes to operate an adult entertainment business is other than an individual,each individual
who has a 20 percent or greater interest in the business must sign the application for a license
as applicant.Each applicant must be qualified under the following Section and each applicant
shall be considered a licensee if a license is granted.
(E)The completed application fora adult entertainment business license shall
contain the following information and shallbe accompanied by the following documents:
(1)If the applicant is:
(a) an individual, the individual shall statehis/her legal name and
any aliases and submit proofthat he/she is at least 18 years of age.
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(b) a partnership,the partnership shall state its complete name,and
the names of all partners,whether the partnership is general or limited, and
submit a copy of the partnership agreement,if any;
(c) a corporation,the corporation shall state its complete name,the
date of its incorporation,evidence that the corporation is in good standing
under the laws of its state of incorporation and that it is qualified to do
business in the State of New York, the names and capacity of all officers,
directors and principal stockholders,and the name of the registered corporate
agent and the address of the registered office for service of process.
(2) If the applicant intends to operate the adult entertainmentbusiness under
a name other than that of the applicant he or she must state
(a) the adult entertainment businesses fictitious name and
(b)submit the required registration documents.
(3) Whether the applicant, or a personresiding with the applicant, has been
convicted of a specified criminal activity as defined in thislocallaw,and,if so, the
specified criminal activity involved,the date,place,and jurisdiction of each
conviction.
(4) Whetherthe applicant,or a person residing with the applicant,has had a
previous license under this local law or other similar adult entertainment business local
laws from another state or municipality or county denied, suspended or revoked,
including the name and location of the adult entertainment business for which the
permit was denied,suspended or revoked,as well as the date of the denial,suspension
or revocation, and whether the applicant or a personresidingwith the applicant has
been a partner in a partnership or an officer,director or principal stockholder ofa
corporation that is licensed under this local law whose license has previously been
denied,suspended or revoked,including the name and location of the adult
entertainment business for which the permit was denied,suspended or revoked as well
as the date of denial, suspension or revocation.
(5)Whether the applicant or a person residing withthe applicant holdsany
other licenses under this local law or other similar adult entertainment business local
law from another state or municipality and,if so,the names and locations of such
other licensed businesses.
(6) The single classification of license for which the applicant is filing.
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(7) The location of the proposed adult entertainment business,including a
legal description of the property, street address, and telephone number(s), if any.
(8)The applicant's mailing address and residential address.
(9) A recent photograph of the applicant(s).
(10)The applicant's driver's license number.Social Security number,and/or
his/her state or federally issued tax identification number.
(11)A sketch or diagram showing the configuration of the premises,
including a statement of total floor space occupied by the business. The sketch or
diagram need not be professionally prepared, but it must be drawn to a designated
scale or drawn with marked dimensions of the interior of the premises to an accuracy
of plus or minus six (6) inches.
(12) A current certificate and map prepared within sixty (60) days prior to
application by a registered land surveyor depicting the property lines and the structures
containing any existing adult entertainment businesseswithin 280 feet of the property
to be certified; the property lines of any establishedreligious institution, school, or
public park or recreation area within 280 feet of the propertyto be certified. For
purposes of this Section,a use shall be considered existing or established if it is in
existence at the time an application is submitted.
(13) If an applicant wishes to operate an adult entertainment business, other
than an adult motel, which shall exhibit on the premises, in a viewing room or booth
of less than one hundred fifty (150) square feet of floor space, films, video cassettes,
other video reproductions,or live entertainment which depict specified sexual activities
or specified anatomical areas,then the applicant shall comply with the application
requirementsset forth in Section XIV.
(F) Beforeany applicant may be issuedan adult entertainment business employee
license,the applicant shil submit on a form to be provided by the Town the following
information:
(1) The applicant's name and any other name (including "stage"names)and
aliases used by the individual;
(2) Age, date, and place of birth;
(3) Height,weight,hair and eye color;
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(4)Present residence address and telephone number;
(5)Present business address and telephone number;
(6) Date,issuing state and number of driver's permit or other identification
card information;
(7)Social Security number;and
(8)Proof that the individual is at least eighteen (18)years of age.
(G) Attached to the application form for an adult entertainment business employee
license as provided above, shall be the following:
(1) A color photograph of the applicant clearly showing the applicant's
face, and the applicant's fingerprints on a form provided by the police department or
the Town. Any fees for the photographs and fingerprints shall be paid by the
applicant.
(2) A statement detailing the license history of the applicant for the five (5)
years immediately preceding the date of the filing of the application,including
whether such applicant previously operated or is seeking to operate, in this or any
other municipality,state, or country, an adult entertainment business,and whether the
applicant has ever had a license, permit, or authorization to do businessdenied,
revoked,or suspended,or had any professionalor vocational license or permit denied,
revoked, or suspended. In the event of any such denial, revocation, or suspension,
state the name of the license,permit or authorization, the name of the issuing or
denying jurisdiction, and describe in full the reason for the denial, revocation, or
suspension.A copy of any order of denial,revocation,or suspension shall be attached
to die application.
(3) A statementwhether the applicanthas been convictedof a specified
criminal activity as defined in this local law and,if so, the specified criminal activity
involved, the date, place and jurisdiction of each.
SECTION V.ISSUANCE OF LICENSE.
(A) Upon the filing of said application for an adult entertainment business
employee license,the Town shall issue a temporary license to said applicant.The application
shall then be referred to the appropriate Town or County departments for an investigation to
be made on such information as is contained on the application.The application process shall
be completed within thirty (30)days from the date the completed application is filed.After
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the investigation,the Town shall issue a license,unless it is determined by a preponderance
of the evidence that one or more of the following findings is true:
(1) The applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a question or request for information
on the application form;
(2) The applicant is under the age of eighteen (18) years;
(3) The applicant has been convicted of a "specifiedcriminal activity" as
defined in this local law;
(4) The adult entertainment business employee license is to be used for
employment in a business prohibited by localor state law,statute,ruleor regulation,
or prohibited by a particular provision of this local law; or
(5) The applicant has had an adult entertainmentbusiness employee license
revoked by theTown within two (2) years of the date of thecurrent application.If
the adult entertainment business employee license is denied, the temporary license
previously issuedis immediately deemed null and void.Denial,suspension,or
revocation of a license issued pursuant to this subsection shall be subject to appeal as
set forth in Section X.
(B) A license grantedpursuant to this section (whether an adult entertainment
business employee license or an adult entertainment business license)shallbe subject to
armual renewal uponthe written application of the applicant and a finding by the Town that
the applicant has not been convicted of any specified criminal activity as defined in this local
law or committed any act during the existence of the previous license,which wouldbe
grounds to deny the initial license application.The renewal of the license shall be subject to
the payment of the fee as set forthin Section VI.
(C) Within30 days after receiptof a completed adult entertainment business
application,the Town shall approve or deny the issuance ofa license to an applicant.The
Town shall approve the issuance of a license to an applicant unless it is determined by a
preponderance of the evidence thatone or more of the following findings is true:
(1) An applicant is under eighteen (18) years of age.
(2) An applicant or a person with whom applicant is residing is overdue in
payment to the Town of taxes,fees,fines,or penalties assessed against or imposed
upon him/her in relation to any business.
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(3) An applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a question or request for information
on the application form.
(4) An applicant or a person with whom the applicant is residing has been
denied a license by the Town to operate an adult entertainment business within the
preceding twelve (12) months or whose license to operate an adult entertainment
business has been revoked within the preceding twelve (12)months.
(5) An applicant or a person with whom the applicant is residing has been
convicted of a specified criminal activity defined in this local law.
(6) The premises to be used for the adult entertainment business have not
been approved by the health department,fire department,or the building official as
being in compliance with applicable laws and local laws.
(7) The license fee required by this local law has not been paid.
(8) An applicant of the proposed establishment is in violation of or is not in
compliance with any of the provisions of this local law.
(D) The license, if granted shall state on its face the name of the person or persons
to whom it is granted,the expiration date,the address of the adult entertainment business and
the classification for which the license is issued pursuant to Section El.All licenses shall be
posted in a conspicuous place at or near the entrance to the adult entertainment business so
that they may be easily read at any time.
(E) The health department,fire department,and the building official shall complete
their certificationthat the premises is in compliance or not in compliancewithin twenty (20)
days of receipt of the application by the Town.
(F) A adult entertainment business license shall issue for only one classification as
found in Section III.
SECTION VL FEES.
(A) Every application for a new adult entertainment business license shall be
accompanied by a $300.00 non-refundable application and investigation fee.
(B)Every application for a renewal of an adult entertainment business license shall
be accompanied by a $200.00 non-refundable application and investigation fee.
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(C) Every application for an adult entertainment business employee license
(whetherfor a new license or for renewal of an existing license)shall be accompanied by an
annual $100.00 non-refundable application, investigation, and license fee.
(D) All license applications and fees shall be submitted to the Town Clerk of the
Town.
SECTION VII.INSPECTION.
(A) An applicant or licensee shall permit representatives of any law enforcement
agency.Health Department,Fire Department,Zoning Department, or other Town departments
or agencies to inspect the premises of an adult entertainment business for the purpose of
insuring compliance with the law, at any time it is occupied or open for business.
(B) A person who operates an adult entertainment business or his agent or
employee commits a misdemeanor if he refuses to permit such lawful inspection of the
premises at any time it is open for business.
SECTION VIII.EXPIRATION OF LICENSE.
(A) Each license shall expire one year from the date of issuance and may be
renewed only by making application as provided in Section IV. Application for renewal shall
be made at least thirty (30) days before the expiration date, and when made less than thirty
(30) days before the expiration date, the expiration of the licensewill not be affected.
(B) When the Town denies renewal of a license, the applicant shall not be issued a
license for one year from the date of denial. If,subsequent to denial, the Town finds that the
basis for denial of the renewal license has been corrected or abated, the applicant may be
granted a license if at least ninety (90)days have elapsed since the date denial became final.
SECTION IX.SUSPENSION.
(A) The Town shall suspend a license for a periodnot to exceed thirty (30) days if
it determines that a licensee or an employee of a licensee has:
(1) violated or is not in compliance with any section of this local law;
(2)refused to allow an inspection of the adult entertainment business
premises as authorized by this chapter.
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SECTION X.REVOCATION.
(A) The Town shall revoke a license if a cause of suspension in Section IX occurs
and the license has been suspended within the preceding twelve (12) months.
(B)The Town shall revoke a license if it determines that:
(1)a licensee gave false or misleading information in the material submit
ted during the application process;
(2) a licensee has knowingly allowed possession, use, or sale of controlled
substances on the premises;
(3) a licensee has knowingly allowed prostimtion on the premises;
(4) a licensee knowingly operated the adult entertainment business during a
period of time when the licensee's license was suspended;
(5)except in the case of an adult motel, a licensee has knowingly allowed
any act of sexual intercourse,sodomy,oral copulation, masturbation, or otiier sex act
to occur in or on the licensed premises;or
(C)When the Town revokes a license,the revocation shall continue for one (1)
year, and the licensee shall not be issued an adult entertainmentbusiness license for one (1)
year from the date the revocation became effective. If, subsequentto revocation, the Town
finds that the basis for the revocation has been corrected or abated, the applicant may be
granted a license if at least ninety (90) days have elapsed since the date the revocation
became effective.
(D) After denial of an application, or denial of a renewal of an application, or
suspension or revocation of any license,the applicant or licensee mayseekjudicial review of
such administrative action pursuant to Article 78 or the Civil Practice Law and Rules (or any
similar successor statute) in any court of competent jurisdiction. Such special proceeding
shall be brought within four months of the date of the denial,suspension or revocation.
SECTION XI.TRANSFER OF LICENSE.
A licensee shall not transfer his/her license to another, nor shall a licensee operate an
adult entertainment business under the authority,of a license at any place other than the
address designated in the application.
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SECTION XII.LOCATION OF ADULT ENTERTAINMENT BUSINESSES.
A person commits a misdemeanor if that person operates or causes to be operated an
adult entertainment business in any zoning district other than as permitted under the
provisions of the Town's Zoning Ordinance.
SECTION xm.ADDITIONAL REGULATIONS FOR ADULT MOTELS.
(A)Evidence that a sleeping room in a hotel, motel, or a similar commercial
establishment has been rented and vacated two or more times in a period of time that is less
than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel
as that term is defined in this local law.
(B) A person commits a misdemeanor if, as the personin control of a sleeping
room in a hotel,motel,or similar commercial establishment that does not have an adult
entertainment license,he rents or subrents a sleeping room to a person and, within ten (10)
hours from the time the room is rented,he rents or subrents the, same sleeping room again.
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(C) For purposes of subsection (B) of this section, the terms "rent" or "subrent"
mean the act of permitting a room to be occupied for any form of consideration.
SECTION XIV.REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY
EXPLICIT FILMS,VIDEOS OR LIVE ENTERTAINMENT IN VIEWING ROOMS.
(A) A person who operates or causes to be operated an adult entertainment
business,other than an adult motel,which exhibits on the premises in a viewing room of less
than one hundred fifty (150)square feet of floor space, a film,video cassette,live
entertainment,or other video reproduction which depicts specified sexual activities or
specified anatomical areas, shall comply with the following requirements:
(1) Upon application for an adult entertainmentlicense, the application shall
be accompanied by a diagram of the premises showing a plan thereof specifying the
location of one or more manager's stations and the location of all overhead lighting
fixtures and designating any portion of the premises in which patrons will not be
permitted. A manager's station may not exceed thirty-two (32) square feet of floor
area. The diagram shall also designate the place at which the permit will be
conspicuouslyposted,if granted. A professionally prepared diagramin the nature of
an engineer's or architect's blueprint shall not be required;however, each diagram
should be oriented to the north or to some designated street or object and should be
drawn to a designated scale or with marked dimensions sufficient to show the various
internal dimensions of all areas of the interior of the premises to an accuracy of plus
or minus six (6") inches.The Town may waive the foregoing diagram for renewal
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applications if the applicant adopts a diagram that was previously submitted and
certifies that the configuration of the premises has not been altered since it was
prepared.
(2)The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager'sstation
may be made without the prior approval of the Town.
(4) It is the duty of the licensee of the premisesto ensure that at least one
licensed employee is on duty and situated in each manager's station at all times that
any patron is present inside the premises.
(5) No viewing room may be occupied by morethan one person at any
time.
(6) The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are permitted access at
an illumination of not less than five (5)footcandles as measured at the floor level.
(7) It shall be the duty of the licensee to ensure that the illumination
described above is maintained at all times that any patron is present in the premises.
(8) No licensee shall allow openings of any kind to exist between viewing
rooms or booths.
(9) No person shall make or attempt to make an opening of any kind
between viewing booths or rooms.
(10) The licensee shall,during each business day,regularly inspect the walls
between the viewing booths to determine if any openings or holes exist.
(11)The licensee shall cause all floor coverings in viewing booths to be
nonporous, easily cleanable surfaces, with no rugs or carpeting.
(12)The licensee shall cause all wall surfaces and ceiling surfaces in
viewing booths to be constructed of, or permanently covered by,nonporous,easily
cleanable material.No wood,plywood,composition board or other porous material
shall be used within forty eight (48")inches of the floor.
(B) A person having a duty under Subsections (1) through (12) of Subsection (A)
above commits a misdemeanor if he knowingly fails to fulfill that duty.
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SECTION XV.ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
(A) An escort agency shall not employ any personunder the age of 18 years.
(B) A person commits an offense if the person acts as an escort or agrees to act as
an escort for any person under the age of 18 years.
SECTION XVI.ADDITIONAL REGULATIONS FOR NUDE
MODEL STUDIOS.
(A) A nude model studio shall not employ any person under the age of 18 years.
(B) A person under the age of 18 years commits an offense if the person appears
semi-nude or in a state of nudity in or on the premises of a nude model studio.It is a
defense to prosecution under this subsection if the person under 18 years was in a restroom
not open to public view or visible to any other person.
(C) A person commits an offense if the person appears in a state of nudity, or
knowingly allows another to appear in a state of nudity in an area of a nude model studio
premises which can be viewed from the public right of way.
(D) A nude model studio shall not place or permit a bed, sofa, or mattress in any
room on the premises, except that a sofa may be placed in a reception room open to the
public.
SECTION xvn.ADDITIONAL REGULATIONS CONCERNING PUBLIC NUDITY.
(A) It shall be a misdemeanor for a person who knowingly or intentionally in an
adult entertainment business appears in a nude or semi-nudecondition unless the person is an
employee who, while nude or semi-nude, shall be at leastsix (6) feet from any patron or
customer and on a stage at least eighteen inches from the floor.
(B) It shall be a misdemeanor for an employee, while nude or semi-nude in an
adult entertainment business, to solicit any pay or gratuity from any patron or customer or for
any patronor customerto pay or give any gratuity to any employee,while said employee is
nude or semi-nude in an adult entertainment business.
(C) It shall be a misdemeanor for an employee,while nude or semi-nude, to touch
a customer or the clothing of a customer.
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SECTION XVIII.PROHIBITION AGAINST CHILDREN IN AN ADULT
ENTERTAINMENT BUSINESS.
A person commits a misdemeanor if the person knowingly allows a person under the
age of 18 years on the premises of an adult entertainment business.
SECTION XIX.HOURS OF OPERATION.
No adult entertainment business,except for an adult motel,may remain openat any
time between the hours of one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. on
weekdays and Saturdays,and one o'clock (1:00)A.M.and noon (12:00)P.M.on Sundays.
SECTION XX.EXEMPTIONS.
(A) It is a defenseto prosecution under Section XVII that a person appearing in a
state of nudity did so in a modeling class operated:
(1) by a proprietary school, licensed by the State of New York, a college,
junior college, or universitysupported entirely or partly by public taxation;
(2) by a private college or universitywhich maintains and operates educa
tional programs in which credits are transferable to a college,junior college,or
university supported entirely or partly by public taxation; or
(3) in a structure:
(a)which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for viewing;and
(b) where, in order to participate in a class a student must enroll at
least three (3) days in advance of the class; and
(c)where no more than one nude model is on the premises at any
one time.
SECTION XXI.INJUNCTION AND VIOLATIONS.
(A) A person who operates or causes to be operated an adult entertainment business
without a valid license or in violation of any other provision of this local law is subject to a
suit for injunction as well as prosecution for criminal violations.
(B)Except where a violation of this local law is stated to be a misdemeanor,each
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violation of any provision shall be punishable by a fine of up to $200.00 or up to thirty (30)
days imprisonment or both.
(C)Violations which are stated to be misdemeanors shall be considered
unclassified misdemeanors under the Penal Law and shall be punishable as set forth in the
Penal Law.
(D)Each day a person or business acts or operates in violation of any provision of
this local law shall constitute a separate offense or violation.
SECTION xxn.SEVERABILITY.
If any section,subsection,or clause of this local law shall be deemed to be
unconstitutional or otherwise invalid,the validity of the remaining sections,subsections,and
clauses shall not be affected.
SECTION xxm.EFFECTIVE DATE.
This local law shall take effect immediately.
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