HomeMy WebLinkAbout1998-Ordinance_Moratorium for Establishment of Adult Entertainment Businesses.pdfTown of Ulysses Resolution
Zoning ordinance providing for a moratorium for the establishment of
adult entertainment businesses for the period of one hundred eighty
(180) days
Be it enacted by the Town Board of Ulysses as follows:
Section 1. Findings and Purpose. The Town Board of the Town of Ulysses finds:
I. An adult entertainment business has been established in a nearby community, which
establishment has resulted in considerable controversy over the potential adverse
effects of such business 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 Ulysses;
3. At present, the Town's Zoning Ordinance may not address such enterprises anywhere
in the Town, and if such businesses were to be permitted, it would be appropriate to
consider where in the Town they might be located;
4. Regulation of certain types of adult entertainment establishments may incidentally
result in some limitation of such free speech privileges and it is therefore necessary
to determine what types of legislation would be appropriate and permissible, and
would result in the least intrusion on free speech or other constitutional rights;
5. The 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 the adverse effects with the least impact on
constitutional rights;
6. Itis anticipated that the study can be completed, and legislation, if needed, drafted
and properly adopted within 180 days of the adoption of this local ordinance;
7. The purposes of any new legislation would be significantly subverted if an adult
entertainment business were to be established before the study could be completed
and implemented by legislation; and
8. Accordingly, in order to maintain the status quo relative to such adult entertainment
business during the limited time the Town needs to complete such study and adopt
such legislation, it is necessary to adopt this local ordinance.
Section 2. Definitions. The following definitions apply to this local ordinance:
"Adult entertainment business" is a business involving one or more of the following:
a) 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.
b) Adult motion picture theater where, for any form or 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.
c) Adult theater meaning a theater, concert hall, auditorium or similar establishment
which, for any form of consideration, 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 anatomical areas.
d) 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.
e) 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
a) Less than completely and opaquely covered human genitals, pubic region, buttock, or
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.
"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, buttocks, or female
breast.
Section 3. Prohibition of Adult Entertainment Businesses. For a period of one
hundred eighty days from the date of enactment of this local ordinance, no adult
entertainment business shall be established or permitted in the Town of Ulysses.
Section 4. Implementation of Prohibition. For a period of one hundred eighty days
from the enactment of this local ordinance.
1. No Town official shall accept for filing any application for the establishment of an
adult entertainment business;
2. The Town Planning 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 ordinance shall be subject to the penalties set forth in Section 268 of the Town
Law of the 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 ordinance.
Section 6. Term. This local ordinance shall be in effect for a period of one hundred
eighty days form its effective date, provided, however that the penalty section shall
remain in full force and effect after such one hundred eighty day period for the purpose of
prosecuting any violation which occurred during such one hundred eighty day period.
Section 7. Applicability. This local ordinance shall apply to all areas of the Town of
Ulysses outside the Village of Trumansburg.
Section 8. Partial Invalidity. If any provision of this ordinance is found invalid by
any court of competent jurisdiction, such invalidity shall not effect any other provisions
of this local ordinance which shall remain in full force and effect.
Section 9. This local ordinance shall take effect upon adoption and publication of a
summary hereof as provided by law.
2-29-98
I hereby certify that the foregoing was adopted by the Town Board of the Town of Ulysses at its
meeting held on 2-23-98.
Witness my hand and seal of said Town this twenty-eighth day of February, nineteen hundred
and ninety-eig)6�