[Amended 5-14-1996 ATM by Art. 16]
The purpose of this bylaw is to regulate the establishment of
adult entertainment, adult bookstores/video stores and adult motion-picture
establishments within the Town by special permit pursuant to MGL c.
40A, § 9A in order to promote the safety and welfare or
the inhabitants of Braintree.
As used in this chapter, the following words shall have the
following meanings:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, and recorded matter which
are distinguished or characterized by their emphasis depicting, describing,
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
An establishment providing live entertainment or dancing
which is sexual in nature or conduct as defined in MGL c. 272, § 31.
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing, or relating to sexual
conduct or sexual excitement as defined in MGL c. 272, § 31.
All entertainment which is "obscene" within the meaning of
that term as defined by MGL c. 272, § 31, and final adjudication
of a court of competent jurisdiction.
The special permit granting authority shall be the Planning
Board.
A.
All obscene entertainment, including bookstores/video stores and
motion picture theaters that make available obscene materials, is
prohibited within the Town.
B.
Adult bookstores/video stores, adult motion-picture theaters, and
adult entertainment establishments are prohibited within any zoning
district other than commercial zoning districts.
C.
Adult bookstores/video stores, adult motion-picture theaters, and
adult entertainment establishments may not be located within 1,000
feet of each other nor within 1,000 feet of:
[Amended 5-14-1996 ATM by Art. 26]
Adult bookstores/video stores, adult motion-picture theaters, and adult entertainment establishments are allowed within commercial zoning districts, subject to the restrictions of § 135-1303 and subject to reasonable regulations imposed by the special permit granting authority upon application for a special permit in accordance with the following procedures:
A.
The applicant for permission to operate an adult motion-picture theater
or adult bookstore/video store or adult entertainment establishment
must file his application on a form approved by the special permit
granting authority and the Town Clerk. Such form shall contain information
as set forth in the rules and regulations established by the special
permit granting authority, but shall include as a minimum:
(a)
Name and address of the legal owner of the bookstore/video store
or theater.
(b)
Name and address of all persons having lawful equity or security
interests in the bookstore/video store or theater.
(c)
Name and address of the manager.
(d)
The number of proposed employees.
(e)
Proposed security precautions.
(f)
Physical layout of the premises in a format established by the
special permit granting authority.
B.
The special permit granting authority shall hold a public hearing
on any application for special permit for an adult bookstore/video
store, adult motion-picture theater or adult entertainment establishment
within 65 days of the filing of the application with the special permit
granting authority and Town Clerk. Notice of said public hearing shall
be given by publication or posting as provided in MGL c. 40A, § 11
and by mailing to all parties in interest.
C.
The special permit granting authority shall act on said application
within 90 days following said public hearing. The procedure for holding
said public hearing and for preparing and filing a notice of decision
shall be that procedure provided for in the granting of all special
permits under the Zoning Bylaw and the applicable sections of MGL
c. 40.
D.
Failure by the special permit granting authority to take final action
upon a special permit within 90 days following the date of public
hearing shall be deemed to be a grant of the permit applied for.
E.
Special permits issued by the special permit granting authority shall
require a four-fifths vote of the special permit granting authority.
F.
A special permit granted under this chapter shall lapse within six
months of issuance, including the time required to pursue or await
the determination of an appeal as allowed under MGL c. 40A, § 17,
from the grant thereof, if a substantial use thereof has not sooner
commenced, as determined by the special permit granting authority,
except for good cause, or, in the case of permit for construction,
if construction has not begun by such date except for good causes.
In addition to the requirements of § 135-1304, the special permit granting authority shall adopt and from time to time amend rules relative to the issuance of special permits and shall file a copy of said rules in the office of the Town Clerk. Such rules shall prescribe the size, form, contents, style and number of copies of plans and specifications to accompany the application; the information required in the application; the procedure for submission and approval of such special permits; and other reasonable rules and regulations governing the issuance of such special permits.
Because of the unique hardships to the surrounding area, the
following criteria shall be required:
A.
Private duty police security detail shall be provided as deemed necessary
by the Chief of Police.
B.
No establishment providing adult goods or entertainment shall be
open between 11:00 p.m. and 7:00 a.m. without a permit issued at the
discretion of the Board of Selectmen.
C.
The parking requirement for adult entertainment and adult motion-picture
theaters shall be one space for every 1.25 individuals of maximum
allowed occupancy, plus one space for each employee as counted during
the maximum shift.
D.
The parking requirement for adult bookstores/video stores shall be
one space for each 100 square feet of gross floor space. All parking
shall be located in the area between the street line and the rear
line of the building projected to the side lines of the lot.
E.
No special permit shall be issued without a valid entertainment permit
issued by the Board of Selectmen.
F.
All parking for adult entertainment establishments and adult motion-picture
theaters shall be located in the area between the street line and
the front line of the building projected to the side lines of the
lot.
G.
No exterior lighting shall be flashing or sequential in nature.
H.
All building openings, entries and windows shall be screened in such
a manner as to prevent visual access of the public to the interior
of the establishment. No exterior display of product or services is
allowed.
In considering a special permit hereunder, the special permit
granting authority shall insure that the proposed adult bookstore/video
store and/or adult motion-picture theater is consistent with and conforms
to the then existing community standard within the Town of Braintree
for such a use.
Adult bookstores/video stores, adult movie theaters, and adult
entertainment establishments and the services and goods provided by
them shall not be considered accessory uses.
