[HISTORY: Adopted by the Board of Trustees of the Village of Hudson
Falls 2-8-1999 by L.L. No. 1-1999.[1] Amendments noted where applicable.]
The purpose and intent of this chapter is to protect and preserve the
health, safety, morals and welfare of the residents of the Village of Hudson
Falls and establish reasonable and suitable regulations for the location and
use of sexually oriented businesses in the Village. The further purpose of
this chapter is to prevent, to the extent possible, the secondary effects
that such businesses may cause, such as noise, crime and litter, in areas
or neighborhoods near sexually oriented businesses.
As used in this chapter, the following terms shall have the meanings
indicated:
Any business, including any club, nightclub, tavern, bar, restaurant,
cabaret, motel, hotel, theater, gathering hall, arcade, store or any similar
commercial establishment, that offers any live performances (including dance,
display or exhibition), films, motion pictures, video cassettes, slides or
other photographic reproduction in which a person of any age appears or performs
in a state of partial or and/or full nudity or conducts any activity which
is pornographic in nature and content, meaning the conduct depicts, describes
or represents, in a patently offensive manner, sexual conduct or otherwise
appeals to the prurient interest. Nothing in this definition or local law
shall require a license for the display or sale of magazines or written or
photographic materials which depict person(s) in a state of partial or full
nudity or are otherwise pornographic in nature in any convenient store, such
as a food store or gas station or other similar establishment, provided that
the materials are covered or are out of direct public view and the display
or sale of such materials is secondary to the primary business purpose.
[Amended 5-14-2001 by L.L. No. 5-2001]
It shall be unlawful for any person or entity to operate, establish
or maintain any sexually oriented business in any Residence District Class
A, Residence District Class B, Residence District Class C or within 500 feet
of a church, public or private elementary or secondary school, a public park
or playground, a day-care facility, nursery school or the district line of
any Residence District Class A, Residence District Class B, Residence District
Class C or any other sexually oriented business.
A sexually oriented business that sells or rents films, motion pictures,
video cassettes or slides must have at least 80% of its inventory dedicated
to nonsexually oriented or nonpornographic materials and must dedicate a separate
enclosed space out of direct public view for the display of any such films,
motion pictures, video cassettes or slides.
A.
No person shall establish or maintain a sexually oriented
business in the Village without a valid sexually oriented business license.
A license may only be issued by the Zoning Board of Appeals after public hearing.
The Zoning Board of Appeals may place conditions on any license, which conditions
may include but are not necessarily limited to hours of operation, signs,
window displays and outdoor advertising. In no event shall a sexually oriented
business operate beyond the hour of 11:00 p.m. A sexually oriented business
must comply with all zoning regulations applicable to the zone where the business
is to be located.
B.
A license shall automatically expire 12 months after issuance. Licenses may be renewed by filing a renewal application with the Village Clerk no later than 30 days prior to the expiration date of the license. The fee for a license or renewal license is as specified in Chapter A219, Schedule of Fees.
C.
An application for a license must be made on a form prescribed
by the Village. At a minimum, the application must include the following:
(1)
The name of the applicant, coapplicant and any individual
or entity that has or will have an ownership or interest in the sexually oriented
business (hereinafter referred to as "applicant").
(2)
The mailing and residential address of the applicant.
(3)
A copy of the applicant's driver's license, if existing.
(4)
The applicant's social security number and/or federal
tax identification number.
(5)
Recent photograph of the applicant and proof that the
applicant is 18 years of age or older.
(6)
A statement under oath whether the applicant has been
convicted of any crime within the previous five years and, if so, the specifics
of the crime including the date and jurisdiction of the conviction.
(7)
A statement under oath whether the applicant has ever
had a sexually oriented business license issued pursuant to this chapter or
pursuant to a local law of another municipality denied, suspended or revoked;
and provide the circumstances including the date of the denial, suspension
or revocation.
(8)
A description of the exact location of the proposed sexually
oriented business, including street address.
(9)
A sketch or diagram depicting the layout of the premises
where the sexually oriented business is to be operated.
(10)
A description of the type and nature of activities which
are proposed to be conducted at the sexually oriented business.
(11)
A list of any and all licenses or permits which the applicant
of the proposed sexually oriented business maintains or holds in the Village
or in any other municipality and include the names and locations of such other
licensed sexually oriented businesses.
(12)
Proposed parking for patrons.
(13)
Details of all outdoor lighting and all outdoor advertising,
signs and window displays.
(14)
Such other information as may be required by the Village.
A license issued pursuant to this chapter may not be transferred to
any other individual or entity. The licensee shall not be allowed to operate
the licensed sexually oriented business at any other location other than the
address designated in the application.
A sexually oriented business license shall be revoked upon a finding
by the Zoning Board of Appeals that any of the following has occurred, which
conduct shall also constitute a violation of this chapter:
A.
The licensee has knowingly allowed possession, use or
sale of controlled substances at the premises.
B.
The licensee has knowingly allowed prostitution on the
premises.
C.
The licensee provided false or misleading information
during the application process.
D.
The licensee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation or other sex acts to occur
in or on the premises.
E.
The licensee has knowingly allowed any person under the
age of 18 years to enter, occupy or work at the sexually oriented business.
An applicant or licensee shall permit authorized representatives of
the Village, including the Village Police Department and Building Inspector/Code
Enforcement Officer, to inspect the premises for the purpose of ensuring compliance
with this chapter at any time during operating hours of the business.
[Amended 10-12-2004 by L.L. No. 6-2004]
Any person convicted of violating this chapter shall be subject to a
fine not exceeding $250 or imprisonment for a period not exceeding 15 days,
or both, for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of three years, punishable by
a fine of not less than $250 nor more than $500 or imprisonment for a period
not to exceed 30 days, or both; and upon conviction for a third offense or
subsequent offense, all of which were committed within a period of five years,
punishable by a fine of not less than $500 nor more than $750 or imprisonment
for a period not to exceed 60 days, or both. Each day which the violation(s)
continues shall be a separate offense.
Any sexually oriented business lawfully existing and operating as of
the effective date of this chapter shall be exempt from this chapter.
Should any section or provision of this chapter be deemed to be unconstitutional
or invalid by a court of law, such decision shall not affect the validity
of this chapter as a whole or any part thereof other than the part so decided
to be unconstitutional or invalid.
This chapter shall become effective upon filing with the Secretary of
State.
