[Adopted by the Town Board of the Town of
Webster 1-20-1994 by L.L. No. 1-1994 (Ch. 158 of the 1991 Code). Amendments
noted where applicable.]
It is the purpose of this chapter to regulate
sexually oriented businesses, to promote the health, safety, morals
and general welfare of the citizens of the Town of Webster and to
establish reasonable and uniform regulations to prevent the continued
deleterious location and concentration of sexually oriented businesses
within the Town of Webster. The provisions of this chapter have neither
the purpose nor effect of imposing a limitation or restriction on
the content of any communicative materials, including sexually oriented
materials. Similarly, it is not the intent nor effect of this chapter
to restrict or deny access by adults to sexually oriented materials
protected by the First Amendment to the Constitution of the United
States or to deny access by distributors and exhibitors of sexually
oriented entertainment to their intended market. Neither is it the
intent nor effect of this chapter to condone or legitimize the distribution
of obscene materials.
As used in this chapter, the following terms
shall have the meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still- or motion-picture machines, projectors
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 business
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
[Amended 12-20-2007 by L.L. No. 8-2007]
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, video cassettes or
video reproductions, slides or other visual representations which
depict or describe specified sexual activities or specified anatomical
areas.
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
A commercial establishment may have other business purposes that do
not involve the offering for sale or rental of material depicting
or describing specified sexual activities or specified anatomical
areas and still be defined as an adult bookstore or adult video store
so long as one of its business purposes is the offering for sale or
rental for consideration of the specified materials which depict or
describe specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified anatomical areas or specified
sexual activities.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides or
other photographic reproductions which are characterized by the depiction
of 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;
Offers 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 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.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
Adult arcades, adult bookstores, adult cabarets, adult motels,
adult motion-picture theaters, adult theaters, adult video stores,
escort agencies, nude model studios and sexual encounter centers.
See "adult bookstore."
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 sexually
oriented business as a new business.
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business.
The additions of any sexually oriented business
to any other existing sexually oriented business.
The relocation of any sexually oriented business.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttocks, anus, genitals or
full female breast.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region and areolae of the female breast, as well as
portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Any of the following:
See "nudity."
The increase in floor areas occupied by a sexually oriented
business by more than 25% of the floor areas as it exists on the effective
date of the chapter.
Includes any of the following:
The sale, lease or sublease of a sexually oriented
business.
The transfer of securities which constitute
a controlling interest in a sexually oriented business, whether by
sale, exchange or similar means.
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of a
sexually oriented business, except for transfer by bequest or other
operation of law upon the death of the person possessing the ownership
or control.
A.
Adult uses shall
be a permitted use in any I-N Industrial District only, provided that:
B.
For the purposes
of this chapter, measurement shall be made in a straight line, without
regard to intervening structures or objects, from the nearest portion
of the building or structure used as part of the premises where an
adult use is conducted to the nearest property line of the premises
of a church or public or private elementary or secondary school or
licensed child day-care center or to the nearest boundary of an affected
public park, residential district or residential lot.
C.
For the purposes
of this chapter, the distance between any two adult uses shall be
measured in a straight line, without regard to intervening structures
or objects, from the closest exterior wall of the structure in which
each business is located.
D.
All adult uses
shall be conducted in an enclosed building. Regardless of location
or distance, no one who is passing by an enclosed building having
a use governed by this chapter shall be able to visually see any specified
anatomical area or any specified sexual activity by virtue of any
display which depicts or shows said area or activity. This requirement
shall apply to any display, decoration, sign, window or other opening.
A.
A person may operate an adult use business only within the I-N Industrial District(s) in the Town of Webster in accordance with the provisions of this chapter and Chapter 350, Zoning, of the Code of the Town of Webster.
B.
Prior to the commencement
of any adult use business or upon any transfer of ownership or control,
the premises must be inspected and found to be in compliance with
all laws, ordinances, rules and regulations applicable to the use
and occupancy for an adult use business and compliance with this chapter.
C.
All code enforcement
officials, including the Town Building Inspector, Town Fire Marshal
and Town Code Enforcement Official, shall complete their certification
that the premises is in compliance or not in compliance within 20
days of the inspection of the premises by such officials.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Any owner and/or
operator, employee of the owner and/or operator or agent of the owner/operator
shall permit representative of the Town Police Department, the Monroe
County Sheriff's Office, the New York State Police, County or State
Health Department, Town Fire Marshal, Town Building Inspector, Town
Code Enforcement Official or other town, county or state department
or agencies that has permitting authority regarding the use and/or
premises to inspect the premises of an adult use business for the
purpose of ensuring compliance with this chapter at any time it is
occupied or open for business.
[Amended 6-17-2010 by L.L. No. 5-2010]
A.
Any adult use
business lawfully operating on the effective date of this chapter
that is in violation of the location or structural configuration requirements
of this chapter shall be deemed a nonconforming use. The continuation
of the same use of substantially the same character and intensity
shall be allowed. The nonconforming use will be permitted to continue
for a period not to exceed two years, unless sooner terminated for
any reason or voluntarily discontinued for a period of 30 days or
more. Such nonconforming uses shall not be increased, enlarged, extended
or altered except that the use may be changed to a conforming use.
If two or more sexually oriented businesses are within 1,000 feet
of one another and otherwise in a permissible location, the adult
use business which was first established and continually operating
at a particular location is the conforming use and the later-established
business(es) is nonconforming.
B.
An adult use business
lawfully operating as a conforming use is not rendered a nonconforming
use by the location, subsequent to the operation of the adult use
business, of a church, public or private elementary or secondary school,
public park, residential zoning district or a residential lot within
500 feet of the adult use business.
[Amended 12-20-2007 by L.L. No. 8-2007]
It shall be deemed a violation of this chapter
if the owner and/or operator, an employee of the owner and/or operator
or an agent of the owner/operator:
A.
Violates or is
not in compliance with any section of this chapter.
B.
Refuses to allow
an inspection of the adult use business premises as authorized by
this chapter.
C.
Permits gambling
to occur on the adult use business premises.
D.
Permits the possession,
use or sale of a controlled substance to occur on the premises.
E.
Permits prostitution
to occur on the premises.
F.
Permits any act
of sexual intercourse, sodomy, oral copulation, masturbation or other
sexual conduct to occur on the premises.
G.
Permits another
person or employs a person to, or they themselves, appear seminude
in or on the premises of a sexually oriented business unless the person
is an employee who, while seminude, shall be on a stage or platform
in the premises which is at least 18 inches above the immediate floor
level and which is removed at least six feet from the nearest customer.
H.
Permits another
person or employs a person to, or they themselves, appear nude in
or on the premises of a sexually oriented business unless the person
is an employee who, while nude, shall be on a stage or platform in
the premises permanently anchored to the floor at least 18 inches
above the floor level of the areas to which customers have access
by a continuous permanently affixed barrier at least three feet in
height and located at least six feet from the areas to which customers
have access, which barrier shall consist of horizontal or vertical
members spaced no more than nine inches apart and no more than nine
inches from the floor or walls to which it is attached.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If any part of this chapter is held unconstitutional,
invalid or ineffective, the remainder of this chapter shall be valid.
This chapter shall take effect immediately as
provided by law.
