[HISTORY: Adopted by the Town Board of the Town of Dickinson 8-3-1983 by Ord. No.
83-4 (Ch. 41 of the 1983 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 600.
It has been found and determined by the Planning Board of the
Town of Dickinson and after a public hearing duly noticed and held
by the Town Board of the Town of Dickinson that the establishment
of certain adult entertainment businesses in such Town will tend to
result in the blighting and deterioration of its residential character.
Accordingly, it is necessary that the establishment of these businesses
within close proximity to residentially zoned areas, schools, churches,
parks and playgrounds be regulated in such a manner as to prevent
the erosion of the residential character of the Town and its neighborhoods.
As used in this chapter, the following terms shall have the
meanings indicated:
As used in § 223-1, Purpose, hereof, includes the following:
ADULT BOOKSTOREAn establishment having as a significant portion of its stock-in-trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
ADULT MINI-MOTION PICTURE THEATERSAn enclosed building with a seating capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- 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 an emphasis on depicting or describing sexual conduct or specified anatomical areas.
ADULT MOTION-PICTURE THEATERAn enclosed building with a seating capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
ADULT ENTERTAINMENT CABARETA public or private establishment which features topless dancers and/or bottomless dancers, strippers, male or female impersonators or similar entertainers or employees appearing in a bottomless and/or topless manner of dress.
[Added 4-14-1997 by L.L. No. 1-1997]
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where any person, firm, association or corporation engages in, carries on or permits to be engaged in or carried on, any of the activities referred to in Subsection F(1) below.
[Added 4-14-1997 by L.L. No. 1-1997[1]]
The activities referred to herein are any method of pressure
on or friction against or stroking, kneading, rubbing, tapping, pounding,
vibrating, or stimulating of the external soft parts of the body with
the hands or with the aid of any mechanical or electrical apparatus
or appliance, with or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powder, creams, lotions, ointments or
other similar preparations commonly used in the practice of massage.
This chapter shall not apply to licensed hospitals, licensed
nursing homes or clinics or persons holding an unrevoked certificate
to practice any of the healing arts under the law of the State of
New York or persons working under the direct supervision and in the
presence of any such persons or in any such establishments, nor shall
this chapter apply to barbers or cosmetologists lawfully carrying
out their particular profession of business and holding a valid unrevoked
license or certificate of registration issued by the State of New
York.
Includes the following:
Includes the following: human genitals, pubic region, buttocks
and female breasts below the top of the areola.
No person shall cause or permit the establishment of any adult entertainment businesses within 500 feet of any Residential R-1 District, Residential Multiple R-M District, Residential Mobile Home R-MH District, Planned Unit Development PUD District , residential dwelling, church, school, park, playground or existing adult entertainment business. The establishment of an adult entertainment business shall include the opening of such business as a new business, the relocation of such business or the conversion of an existing business location to any of the uses described in the definition of "adult entertainment business" in § 223-2.
