[HISTORY: Adopted by the Board of Trustees of the Village
of Medina 2-23-1999 by L.L. No. 1-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 254.
This chapter shall be known as "A Local Law Regulating Adult
Businesses in the Village of Medina."
The purpose of this chapter is to promote the health, safety
and general welfare of the residents of the Village of Medina, to
provide standards for the safe provision of adult businesses, and
to minimize any potential adverse effects which may result from adult
businesses by requiring the careful siting of such businesses.
For the purposes of this chapter, certain terms or words used
herein shall be interpreted as follows:
A public or private establishment having as a substantial
or significant portion of its stock-in-trade books, magazines, marital
aids or novelties, films for sale/rent or viewing on premises by use
of motion-picture devices or other coin-operated means, and other
periodicals or materials which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas; or an establishment
with a segment or section devoted to the sale, rental or display of
such material.
Includes adult bookstores, adult video stores, adult novelty
stores, adult entertainment cabarets and adult mini motion-picture
theaters.[1]
A public or private establishment which permits or suffers
or allows topless dancers, go-go dancers, exotic dancers, strippers,
male or female impersonators or similar entertainers which display
or expose specific anatomical areas.
A public or private establishment in an enclosed building
with a capacity of less than 50 persons used for presenting material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual or specified anatomical
areas for observation by patrons therein.[2]
All adult businesses shall be subject to the following restrictions:
B.
Adult businesses shall comply with the following setback, frontage
and lot size dimensional requirements:
(1)
All buildings shall be set back not less than 100 feet from the right-of-way.
The one-hundred-foot setback area shall be landscaped with grass,
trees and shrubs and shall be curbed at the street. No parking will
be allowed in this area. Pedestrian circulation, utility facilities
and accessways shall be allowed in this area.
(2)
All buildings shall have side and rear yards being a minimum of 50
feet.
(3)
Minimum lot widths for an adult business shall be 250 feet, and the
building or other structures on the lot shall not cover more that
50% of the gross area of the lot.
(4)
No building shall have a height greater than 35 feet except light
standards.
C.
No adult business shall be allowed to occur within 500 feet of the
property boundary of another existing adult business.
D.
No building or structure associated with an adult business shall be located within 100 feet of any boundary of the Agricultural-Residential District (AR), Single-Family Residential District (R-1), Two-Family Residential District (R-2), Multiple-Family Residential (R-3), Central Business District (CBD) or General Business District (GB), as defined in Chapter 254, Zoning, of the Code of the Village of Medina.[2]
E.
No adult business shall be conducted in any manner that permits the
observation of any material that depicts, describes or relates to
specified sexual activities or specified anatomical areas from any
public right-of-way or from any property not registered as an adult
business. This provision shall also apply to any display, decoration,
sign, show window or other opening.
F.
G.
Adult businesses shall provide a minimum of one parking space for
each 100 square fact of gross floor area, and one parking space for
each employee. A parking space shall not be less than 10 feet by 20
feet. Parking for more than 50 vehicles shall delineate fire lanes.
H.
No driveway shall be located less than 50 feet from an intersection
or less than 20 feet from a property line and be less than 20 feet
in width.
I.
Adult businesses shall provide a commercial refuse container placed
an a concrete slab which is screened from view and is located as to
permit safe and easy removal of refuse by hand or truck.
K.
L.
No person under the age of 18 shall be permitted within the premises
of an adult business.
M.
Driveways, accessways, parking lots and walkways shall be paved with
asphalt or concrete and shall be curbed.
A.
No person shall engage in, conduct or carry on an adult business
in the Village of Medina unless a complete application therefor has
been submitted, approved and a permit issued by the Village of Medina
Code Enforcement Officer.
B.
Each application for an adult business shall be submitted to the
Code Enforcement Officer for review by the Village of Medina Planning
Board, containing all of the information described below, and be accompanied
by a nonrefundable application fee as shall be set from time to time
by the Board of Trustees:[1]
(1)
The name, residential street address, and residential mailing address
(if different) of the applicant.
(2)
The street address and mailing address (if different) of the proposed
adult business.
(3)
All other residences of the applicant for the three-year period immediately
preceding the date of the application.
(4)
The business, occupation or employment of the applicant for the three-year
period immediately preceding the date of the application.
(5)
Written proof that the applicant is 18 years of age or older.
(6)
A complete set of the applicant's fingerprints.
(7)
A description of the facilities and services to be available on the
premises of the proposed adult business.
(8)
The history of the applicant in the operation of similar establishments
or businesses, including, but not limited to, whether or not the person,
in previously operating in this state or another city or state under
license, has had such permit revoked or suspended and the reason therefor,
and the business activity or occupation subsequent to such action
of suspension or revocation.
(9)
The criminal record, if any, other than traffic violations, of the
applicant. If the applicant is an association or partnership, the
criminal record of each associate or partner shall be provided. If
the applicant is a corporation, the criminal record of each officer
or director of the corporation and each of the stockholders owning
more than 10% of the stock of the corporation shall be provided.
[1]
Editor's Note: The current Fee Schedule is on file in the
office of the Village Clerk.
C.
Upon receipt of a complete application and fee as provided for above,
the Code Enforcement Officer shall make or cause to be made a thorough
investigation of the applicant's crime record and shall, within
30 days, submit the application to the Village of Medina Planning
Board for review.
A.
Permit denial. A permit application may be denied by the Planning
Board where it appears that the applicant has been convicted of any
offense involving promoting or permitting prostitution, promotion
of obscenity, dissemination of indecent materials to minors or public
display of offensive sexual material; or has made a false statement
on an application for a permit; or has previously owned or operated
an adult business which resulted in suspension or revocation of permits
or licenses; or has committed an act in violation of this chapter.
The Planning Board shall give the applicant a written notice specifying
the grounds for permit denial. The applicant may, within 10 days from
the date of such denial, file a written request with the Village Board
of Trustees for a public hearing. The hearing shall be conducted by
the Village Board of Trustees and held within 30 days after filing
the request for the hearing, and at which time the permit holder may
present evidence bearing upon the question. The Village Board of Trustees
shall then issue a written finding within five days after the date
of the public hearing as to whether the permit application was properly
denied. If the Village Board of Trustees determines that the permit
was unduly denied, the Code Enforcement Officer shall be directed
to issue a permit within 30 days of the date of the written finding.
A copy of the permit shall be filed in the office of the Village Clerk.[1]
B.
Permit suspension. A permit may be suspended by the Code Enforcement
Officer where it appears that the permit holder has committed an act
in violation of this chapter. The Code Enforcement Officer shall give
the permit holder a written notice which shall direct the permit holder
to immediately cease operation of the business; specify the grounds
for suspension; specify the action that the permit holder must undertake
to correct the violation; designate a ten-day time period from the
date of said notice for all violations to be corrected to the satisfaction
of the Code Enforcement Officer; and specify that, if the violations
are not adequately corrected within the ten-day time period, the permit
shall be immediately revoked and an appearance ticket issued to the
permit holder. The permit holder may, within 10 days from the date
of suspension, file a written request with the Village Board of Trustees
for a public hearing. The hearing shall be conducted by the Village
Board of Trustees and held within 30 days after the date of filing
of request for the hearing. If the Village Board of Trustees determines
that the permit was properly suspended, the adult business shall continue
not to operate, and the permit holder shall have 10 days from the
date of receipt of the written finding to correct the violation(s)
to the satisfaction of the Code Enforcement Officer. If the violation(s)
are adequately corrected, the Code Enforcement Officer shall immediately
reinstate the permit and the adult business shall be allowed to resume
operation. If the violation(s) are not adequately corrected, the Code
Enforcement Officer shall immediately revoke the permit following
the procedures described below.
C.
Permit revocation. A permit may be revoked by the Code Enforcement
Officer where it appears that the permit holder has not corrected
violations pertaining to a previously issued suspension notice, or
has committed an act in violation of this chapter. A permit shall
be automatically revoked if the permit holder receives more than three
separate suspensions. The Code Enforcement Officer shall give the
permit holder a written notice directing the permit holder to immediately
terminate operation of the business and shall specify the grounds
for revocation. The permit holder may, within 10 days from the date
of such revocation, file a written request with the Village Board
of Trustees for a public hearing. The hearing shall be conducted by
the Village Board of Trustees and held within 30 days after the filing
of the request for the hearing, and at which time the permit holder
may present evidence bearing upon the question. The Village Board
of Trustees shall then issue a written finding within five days after
the public hearing as to whether the permit was properly revoked.
If the Village Board of Trustees determines that the permit was unduly
revoked, the permit shall be reinstated and the adult business use
shall be allowed to resume operation. If the Village Board of Trustees
permit was properly revoked, the adult business shall immediately
and permanently cease to operate.
A.
If an adult business operates without a permit or unlawfully operates
after a permit was properly suspended or revoked, such violation shall
be punishable by a fine of not less than $125 and not more than $1,000
and/or by imprisonment for up to 15 days. Each day such a violation
continues shall constitute a separate offense.[1]
B.
A violation of any other provision of this chapter shall constitute
a violation, and shall be subject to suspension of the permit and
punishable by a fine of $250 for the first suspension, $500 for a
second suspension and $1,000 for a third and final suspension. A permit
shall be automatically revoked if the permit holder receives more
than three separate suspensions.
