Town of Warwick, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Warwick 2-14-1979 by L.L. No. 1-1979 (Ch. 18 of the 1973 Municipal Code). Amendments noted where applicable.]
GENERAL REFERENCES
Bingo and games of chance — See Ch. 60.
Cabarets — See Ch. 72.
Peace and good order — See Ch. 109.
Public assemblies and entertainment — See Ch. 115.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment, whether retail or wholesale, having as a substantial portion of its stock-in-trade sexual devices, books, magazines, other periodicals, films and other viewing materials, both audio and visual, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas, or an establishment with an entire or specific segment or section devoted to the sale or display of such material.
ADULT LIVE THEATER
Any building or area used for presenting any plays, shadow plays, skits, pantomimes or other actions which are characterized by an emphasis on matter depicting or describing or simulating or related to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
A building used for presenting films which are distributed in forms of less than thirty-five-millimeter distribution standards, which films are characterized by an emphasis on matter depicting or describing or related to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein.
SEXUAL CONDUCT
Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals, in an act of actual or apparent sexual activity, sexual stimulation or sexual gratification.
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.
B. 
Human genitals in a discernibly turgid state, even if covered.
A. 
Human genitals in the state of sexual stimulation or arousal.
B. 
Any act of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or other erotic touching of the human genitals, pubic region, buttock or female breasts.
[Amended 6-23-1988 by L.L. No. 1-1988]
In addition to the requirements of the Zoning Ordinance[1] and the Code of the Town of Warwick, all adult bookstores, adult motion-picture theaters and adult live theaters shall be bound by the following regulations:
A. 
Any such bookstore or theater may only be located in a manufacturing zone, but shall not be located within 1,000 feet of any church property, residential property, school property, park property or within that distance from Town property.
B. 
There shall be no exposure of the interior of such bookstore or theater to the outside and no outside displays.
C. 
The legal age for admittance to such a bookstore or theater is 18 years of age.
D. 
All such bookstores or theaters are required to furnish five parking spaces for each 100 square feet of floor space in the store or theater.
E. 
Any such bookstore or theater shall be located in a one-floor building with a minimum of 2,000 square feet and a maximum of 5,000 square feet.
F. 
Any such bookstores or theaters are hereby deemed to be special uses subject to approval by the Planning Board.
[1]
Editor's Note: See Ch. 164, Zoning.
[Amended 6-23-1988 by L.L. No. 1-1988]
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense.