[HISTORY: Adopted by the Town Board of the Town of Tully 2-11-2002 by L.L. No. 1-2002. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT USE
- A public or private establishment, or any part thereof, which presents any of the following entertainment, services, or sales or rentals on one or more occasions:
- (1) Person(s) who appear(s) in a state of nudity.
- (2) Live performances which are characterized by the exposure of any specified anatomical area(s) or by the performance or depicting of any specified sexual activity(ies).
- (3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of any specified sexual activity(ies) or any specified anatomical area(s).
- (1) Offers accommodations to the public for any form of consideration and which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic or visual reproductions which are characterized by the depiction or description of any specified sexual activity(ies) or specified anatomical area(s) and has a sign or other means of visual display of information which is visible from the public right-of-way and which advertises the availability of this adult-type of photographic reproductions.
- (2) Offers a sleeping room for rent for a period of time that is less than 10 hours.
- (3) Allows a tenant or occupant of a sleeping room to subrent the room to another person or persons for a period of time that is less than 10 hours.
- A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast(s) below a point immediately above the top of the areolae; or
- B. Human male genitals in a state of sexual stimulation or arousal, or in a discernible turgid state, even if completely and opaquely covered.
- SPECIFIED SEXUAL ACTIVITY
- Any of the following:
- A. Masturbation, sexual intercourse, oral copulation or sodomy.
- B. Fondling or other erotic touching of human genitals, public regions, buttocks, anus or female breasts.
- C. Masochism, erotic or sexually oriented torture or flagellation, beating or the infliction of pain.
- D. Erotic touching, fondling or other such contact between an animal and a human being.
The primary purpose and intent of this chapter is as follows:
To preserve the rural and residential character and quality of life in the Town of Tully neighborhoods and business areas.
To control documented harmful and adverse secondary effects of a concentration or proliferation of adult uses on surrounding areas such as decreased property values, attraction of transients, parking and traffic problems, increased crime (including prostitution, rape and assaults in the vicinity of such uses), loss of business, for surrounding nonadult-use businesses and deterioration of neighborhoods.
To maintain property values.
To prevent crime.
To protect retail trade.
To restrict minors' access to adult uses.
To maintain the general welfare, safety and morals of Town of Tully residents.
Adult uses shall be allowed subject to the issuance of a special authorization as provided in Chapter 280, Zoning, of the Code of the Town of Tully.
An adult use may not be located in any zoning district other than an IND District.
An adult use may not be located within 750 feet of another adult use nor on the same lot or parcel of land with another adult use.
An adult use may not be located or operated in a building or structure which contains another adult use.
The exterior of the adult-oriented business shall be consistent with the character of surrounding structures and shall not detract from the appearance of the neighborhood. No building shall be painted in garish colors or contain other features as will effectuate the same purpose as a sign without Planning Board approval.
Sound and noise shall be kept at a level so that it cannot be discerned by the public from public areas.
Hours of operation shall be from 9:00 p.m. until 2:00 a.m. only.
Outside advertising for an adult-oriented business shall be limited to one advertising sign, size to be limited to regulations of Town of Tully Zoning Laws regarding signs. No sign shall have any photographic or artistic representation whatsoever thereon. Signs illuminated in neon or which contain flashing lights are prohibited. Exterior signs, displays or other advertisements which contain nude, seminude or provocative pictures are prohibited. No portion of any sign shall be more than 20 feet above ground level. There will be no searchlights.
If an adult-oriented business has a discernible visual impact on the environment, the adult-oriented business shall be properly screened, through the use of fences, walls, landscaping or other measures. Screen planting shall be buffers at least 10 feet in width. The plan for the screening shall be submitted to the Planning Board for approval.
An adult-oriented business must have parking areas sufficient to accommodate 1/2 the total amount of occupancy allowed by law and shall provide adequate turnaround such that vehicles will not have to back out onto public thoroughfares. Lighting in parking lots shall be adequate and in accordance with regularly accepted safety and insurance guidelines and subject to any Town, county, state and federal requirements. All lighting shall be located and directed so as to minimize its escape off the property.
Strict crowd control shall be provided by the owners and/or operators, including crowd control in the parking lots.
No adult-oriented business shall exceed 2,500 square feet in total floor area including cellar space not used for enclosed storage or mechanical equipment.
An application for an adult-oriented business special authorization shall be made to the Town Clerk and shall be accompanied by a nonrefundable fee as set from time to time by resolution of the Town Board. Seven copies of all application papers are required. The application materials shall, pursuant to § 16, then be submitted to the Planning Board not less than 10 days prior to their next regularly scheduled meeting.
The application shall include, at the applicant's expense, copies of the following:
A clear, complete and concise description of the proposed use.
Proof of notification of the application to all property owners within 750 feet of the property lines of the proposed adult entertainment establishment. This notification shall state the date, time and location of the scheduled meeting of the Town of Tully Planning Board at which the application will be initially considered.
Criminal record check: The application shall provide a list of owners, operators and managers, including names, addresses and social security numbers along with signed authorizations from each individual, to the Planning Board which shall cause an investigation to be made as to the character and criminal background of the applicant and of the officers of the club, society or corporation and of the person which is to have general management of the business. If found to have been convicted of violation of any criminal statute of this state, except traffic offenses or of any local law regulating, controlling or in any way related to the construction, use or operation of any establishments included in this chapter which evidences a flagrant disregard for the safety or welfare of either patrons, employees or person residing or doing business nearby, the Planning Board shall so report. Any expense incurred in making this criminal background check shall be paid by the applicants in advance. The background check shall be attached to the application when forwarded to the Zoning Board of Appeals.
Prior to the issuance of a special authorization, the premises housing the adult-oriented business shall be inspected and found to be in compliance with all applicable laws, rules and regulations. No permit shall be granted without a certificate of compliance of the Onondaga County Health Department, New York State Fire Code Inspector and Town Building Inspector. All pertinent inspections must be requested within 15 days of the filing of the application, and all inspection reports shall be filed with the Planning Board within 30 days thereafter.
The applicant shall be responsible for all expenses and costs incurred by the Town in reviewing the application, including but not limited to professional services (engineers, lawyers, architects, etc.) and publications costs. The applicant may be required to deposit money in escrow with the Town Clerk prior to reviewing or proceeding with the application.
It shall be unlawful to violate any of the provisions of this chapter, including but not limited to the following:
To give, sell or use, or knowingly permit the gift, sale or use, of alcoholic beverages by anyone on the adult-oriented business premises;
To refuse to allow an inspection of the adult-oriented business premises as authorized by this chapter;
To gamble or knowingly or recklessly permit gambling by any person on the adult-oriented business premises;
To possess, use, sell or knowingly or recklessly allow possession, use or sale of controlled substances or marijuana by any person on the adult-oriented business premises;
To knowingly or recklessly allow prostitution, acts of sexual intercourse, sodomy, oral copulation, masturbation, or other illegal activity on the premises of an adult-oriented business, including parking lots;
To knowingly or recklessly allow disorderly conduct, or to permit the adult-oriented business to become and be a place of resort of thieves, prostitutes or disorderly persons;
To admit, or to knowingly or recklessly allow admittance, of anyone under the age of 18;
To fail to be in compliance with any section of this chapter.
Any person, firm or corporation which violates any provision of this chapter or the regulation established hereunder shall be guilty of an offense against this chapter and be subject to a fine of not more than $1,000 or to imprisonment for a period of not more than one year or both such fine and imprisonment. Each day of a continued violation shall constitute a separate additional violation.
In addition, any person, business entity, firm or corporation which violates any of the provisions of this chapter or the regulations established hereunder or which shall omit, neglect or refuse to do any act required thereby shall, severally, for each and every such violation, forfeit and pay a civil penalty of not more than $1,000, be imprisoned for a period of not more than one year or be subject to both such fine and imprisonment. When a violation is continuous, each day shall constitute a separate and distinct violation subject to additional civil penalty.
The imposition of penalties for any violation of this chapter or the regulations issued hereunder shall not excuse the violation nor permit it to continue. The application of the above penalty or penalties or prosecution for a violation of any provision of these regulations shall not prevent the suspension or revocation of a permit or the enforcement and removal of conditions prohibited by these regulations. The expenses of the Town in enforcing such removal, including legal fees, may be chargeable to the offender, in addition to the aforestated penalties, and may be recovered in a civil court of appropriate jurisdiction. When a violation of any of any of the provisions of these regulations is continuous, each day thereof shall constitute a separate and distinct violation, subjecting the offender to an additional penalty. The foregoing penalties are separate from and in addition to penalties prescribed by any other applicable statutes, ordinances, local laws or regulations.
The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceedings to prevent a violation of this chapter, or to restrain or enjoin the use or occupancy of a building, premises or part thereof in violation of this chapter.