For purposes of this chapter, the words and phrases defined
in this section shall have the meanings therein respectively ascribed
to them unless a different meaning is clearly indicated by the context.
Any 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 still or motion-picture machines,
projectors, video or laser disc players, or other image-producing
devices are maintained to 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 describing of specified sexual
activities or specified anatomical areas.
A commercial establishment which, as one of its principal
business activities, offers for sale or rental for any form of consideration
any one or more of the following: books, magazines, periodicals or
other printed matter, or photographs, films, motion pictures, videocassettes,
compact discs, digital video discs, slides, or other visual representations
which are characterized by their emphasis upon the display of specified
sexual activities or specified anatomical areas.
A nightclub, bar, juice bar, restaurant, bottle club, or
similar commercial establishment which regularly features persons
who appear seminude.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motion-picture theater, adult motel, adult theater,
escort agency, live adult entertainment business, nude model studio,
or a sexual device shop.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
A commercial establishment where films, motion pictures,
videocassettes, slides, or similar photographic reproductions which
are characterized by their emphasis upon the display of specified
sexual activities of specified anatomical areas are regularly shown
to more than five persons for any form of consideration.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or seminude, or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
Describing the essential character or quality of an item.
As applied in this chapter, no business shall be classified as an
adult entertainment establishment by virtue of showing, selling, or
renting materials rated "NC-17" or "R" by the Motion Picture Association
of America.
Yates County, New York.
These words describe and pertain to any person who performs
any service on the premises of an adult entertainment establishment,
on a full-time, part-time, or contract basis, regardless of whether
the person is denominated an employee, independent contractor, agent,
or otherwise. "Employee" does not include a person exclusively on
the premises for repair or maintenance of the premises or for the
delivery of goods to the premises. "Employee" does include any security
guard employed by an adult entertainment establishment or whose services
are performed on the premises of an adult entertainment establishment.
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 striptease
for another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
Any of the following:
The opening or commencement of any adult entertainment establishment
as a new business;
The conversion of an existing business, whether or not an adult
entertainment establishment, to any adult entertainment establishment;
The additions of any adult entertainment establishment to any
other existing adult entertainment establishment;
The relocation of any adult entertainment establishment; or
An adult entertainment establishment or premises on which the
adult entertainment establishment is located.
These words describe and pertain to:
The authority to manage or operate the adult entertainment establishment
or control the operation, management or policies of the adult entertainment
establishment or legal entity which operates the adult entertainment
establishment;
Ownership of a financial interest of 20% or more of a business
or of any class of voting securities of a business; or
Holding an office (e.g., president, vice president, secretary,
treasurer, managing member, managing director, etc.) in a legal entity
which operates the adult entertainment establishment.
A person in whose name a license to operate an adult entertainment
establishment has been issued, as well as the individual or individuals
listed as an applicant on the application for an adult entertainment
establishment license. In the case of an employee, it shall mean the
person in whose name the adult entertainment establishment employee
license has been issued.
An adult entertainment establishment that features as a regular
and substantial course of its conduct any type of dance, performance,
show, exhibition, or other activity by an entertainer physically present
at the business and which is characterized by an emphasis on the display
of specified anatomical areas, or the performance of physical human
body activity that depicts or relates to specified sexual activities
whether or not the anatomical areas are covered, or both.
Any person on the premises of an adult entertainment establishment
who causes the business to function or who puts or keeps in operation
the business or who is authorized to manage the business or exercise
overall operational control of the business premises. A person may
be found to be operating or causing to be operated an adult entertainment
establishment regardless of whether that person is an owner or part
owner of the business or a licensee under this chapter.
A person who is under 18 years of age.
Any place where a person who appears seminude, in a state
of nudity, or who displays specified anatomical areas and is provided
to 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 or a college, junior college
or university supported entirely or in 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; or in a structure:
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or seminude person
is available for viewing; and
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
Where no more than one nude or seminude model is on the premises
at any one time.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, or the showing of the female breast with less than a fully
opaque covering of any part of the nipple and areola.
Any pictorial, three-dimensional or other visual representation
of a person or a portion of the human body that predominately appeals
to prurient interest in sex and that:
Depicts nudity or actual or simulated sexual conduct or sadomasochistic
abuse; or
Depicts or appears to depict nudity or actual or simulated sexual
conduct or sadomasochistic abuse, with the area of the male or female
subject's unclothed or apparently unclothed genitals, pubic area
or buttocks, or of the female subject's unclothed or apparently
unclothed breast, obscured by a covering or mark placed or printed
on or in front of the material displayed, or obscured or altered in
any other manner.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
The real property upon which the adult entertainment establishment
is located and all appurtenances thereto and buildings thereon, including,
but not limited to, the adult entertainment establishment, the grounds,
private walkways, and parking lots and/or parking garages adjacent
thereto, under the ownership, control, or supervision of the licensee,
as described in the application for an adult entertainment establishment
license.
A use or building supporting services provided by a public
agency. This term includes fire stations; police precincts or substations;
community centers; and other public service uses, but does not include
schools; equipment storage yards; maintenance buildings; parking buildings
and/or lots; correctional facilities; parks; public or publicly subsidized
housing; social service agencies; or utility facilities.
A person who has a valid registration card to perform security
guard functions in the State of New York issued by the New York State
Department of State, Division of Licensing Services, which has not
expired or been revoked or suspended.
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 definition shall 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 exposed in whole or in part.
Any object designed for stimulation of the male or female
human genitals, anus, buttocks or female breast, or for sadomasochistic
use or abuse of one's self or others, and shall include devices
commonly known as dildos, vibrators, penis pumps, cock rings, anal
beads, butt plugs, nipple clamps, and physical representations of
the human genital organs. Nothing in this definition shall be construed
to include devices primarily intended for protection against sexually
transmitted diseases or for preventing pregnancy.
A commercial establishment that regularly features sexual
devices. This definition shall not be construed to include any pharmacy,
drugstore, medical clinic, any establishment primarily dedicated to
providing medical or health-care products or services, or any establishment
that does not limit access to its premises or a portion of its premises
to adults only.
The Office of the Sheriff of Yates County, New York.
Any of the following:
This term includes:
Any of the following offenses, for which less than five years
have elapsed since the date of conviction of a felony or the date
of release from confinement for the conviction of a felony, whichever
is the later date, or for which less than two years have elapsed since
the date of conviction of a misdemeanor or the date of release from
confinement for the conviction of a misdemeanor, whichever is the
later date:
An offense within § 120.00 through and including § 120.12
of the Penal Law of the State of New York relating to assault;
An offense within Article 200 of the Penal Law of the State
of New York relating to bribery involving public servants;
An offense within Article 210 of the Penal Law of the State
of New York relating to perjury;
An offense within Article 220 of the Penal Law of the State
of New York relating to controlled substances;
An offense within Article 221 of the Penal Law of the State
of New York relating to marihuana;
An offense within Article 225 of the Penal Law of the State
of New York relating to gambling;
An offense within Article 230 of the Penal Law of the State
of New York relating to prostitution;
An offense within Article 245 of the Penal Law of the State
of New York relating to offenses against public sensibilities;
An offense within § 260.20 and § 260.21
of the Penal Law of the State of New York relating to unlawfully dealing
with a child;
An offense within Article 460 of the Penal Law of the State
of New York relating to enterprise corruption;
An offense within Article 470 of the Penal Law of the State
of New York relating to money laundering;
Any other crime committed in violation of the laws of any other
jurisdiction which if committed in this state would constitute one
of the foregoing offenses;
Any offense which is a misdemeanor or felony involving the adult
entertainment establishment premises.
At least 35% of the item(s) so modified.
Town of Milo, New York.
Any of the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute an influential interest
in the business, whether by sale, exchange, or similar means; or
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
person possessing the ownership or control.
The room, booth, or area where a patron of an adult entertainment
business would ordinarily be positioned while watching a film, videocassette,
digital video disc, or other video reproduction.
The Zoning Law of the Town of Milo.[1]
