A.
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 Village of Wolcott and to establish reasonable and
uniform regulations to prevent the concentration of sexually oriented
businesses within the Village of Wolcott. The provisions of this chapter
have neither the purpose nor the intent of imposing a limitation or
restriction on the content of any communicative materials including
sexually oriented materials.
B.
Similarly, it is not the purpose or the intent 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, the
Constitution of the State of New York, or to deny access by distributors
and exhibitors of sexually oriented entertainment to their intended
market. It is not the purpose or the intent of this chapter to condone
or legitimize the distribution of obscene materials.
A.
In the interpretation of this section, the following rules apply:
(1)
Words used in the present tense include the future tense.
(2)
The singular includes the plural.
(3)
The word "person" includes a corporation as well as an individual.
(4)
The word "lot" includes the words "plot" or "parcel."
(5)
The term "used" or "occupied" is applied to any land or structure
and shall be construed to include the words "intended," "arranged"
or "designed to be used or occupied."
B.
ADULT ARCADE
ADULT BOOKSTORE or ADULT VIDEO STORE
(1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
(e)
ADULT CABARET
(1)
(2)
(3)
ADULT MOTEL
(1)
(2)
(3)
ADULT MOTION-PICTURE THEATER
ADULT THEATER
ADULT USES
ADULT VIDEO STORE
ESCORT
ESTABLISHMENT
NUDE MODEL STUDIO
NUDITY
PERSON
SEMI-NUDITY
SEXUAL ENCOUNTER CENTER
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(1)
(2)
(3)
(4)
STATE OF NUDITY
TRANSFER OF OWNERSHIP OR CONTROL
(1)
(2)
(3)
The following definitions shall apply in this chapter:
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 a specified sexual activity or specified anatomical
areas.
A commercial establishment which, as one of its principal business
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia that are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal 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 categorized as an adult bookstore or adult video
store. Such other business purposes will not serve to exempt such
commercial establishments from being categorized as an adult bookstore
or adult video store so long as one of its principal business purposes
is the offering for sale or rental for consideration of the specified
materials that depict or describe specified sexual activities or specified
anatomical areas. A "principal business purpose" shall mean that more
than one-quarter of the business is devoted to the sale, rental, or
display of such materials as determined by any of the following:
The number of different titles of printed, visual or audio materials
of any kind that are characterized by their emphasis on the description
or depiction of specified anatomical areas or specified sexual activities;
The number of copies of printed, visual or audio materials of
any kind which are characterized by their emphasis on the description
or depiction of specified anatomical areas or specified sexual activities;
The amount of floor space devoted to the sale and display of
printed, visual or audio materials of any kind which are characterized
by their emphasis on the description or depiction of specified anatomical
areas or specified sexual activities;
The dollar amount of sales of printed, visual or audio materials
of any kind which are characterized by their emphasis on the description
or depiction of specified anatomical areas or specified sexual activities;
or
The amount of on-site advertising which can be viewed by passersby,
or the amount or cost of advertising in print or broadcast media devoted
to printed, visual or audio materials of any kind which are characterized
by their emphasis on the description or depiction of specified anatomical
areas or specified sexual activities.
A nightclub, bar, restaurant, or similar commercial establishment
that features:
Persons who appear in a state of nudity or semi-nudity; or
Live performances that are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions that are characterized by the depiction or description
of specified anatomical areas or specified sexual activities.
A hotel, motel or similar commercial establishment that:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic reproductions
that are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way that advertises the availability of this
adult type of photographic reproductions; or
Offers sleeping rooms for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to sub-rent 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, videocassettes, slides or similar photographic
reproductions are shown that 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 book stores, 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.
Any of the following:
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 areolas 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:
The male genitals and/or the vulva or more intimate parts
of the female genitals.
Any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of
the activities set forth in (1), (2) and (3) above.
See "nudity."
Includes any of the following:
The sale, lease, or sublease of an adult use;
The transfer of securities which constitute a controlling interest
in an adult use, whether by sale, exchange, or similar means; or
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of an adult use, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
