Definitions. For the purpose of this section, the following phrases
and words shall have the meanings assigned below, except in those
instances when the context clearly indicates a different meaning:
ADULT BOOKSTORE
An establishment, whether retail or wholesale, that has as
a substantial portion of its stock-in-trade books, magazines, recordings,
periodicals, films, videotapes/cassettes or other viewing materials
for sale or viewing on or off the premises which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to sexual activities or sexual anatomical areas. For the
purpose of this definition only, "substantial" shall mean comprising
an area that is 10% or more of the total floor area available to patrons.
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless
or nude dancers, strippers, male or female impersonators or exotic
dancers or other similar entertainments.
[Amended 1-22-2013 by L.L. No. 1-2013]
ADULT ENTERTAINMENT USE
Any use constituting an adult bookstore, adult motion-picture
theater, adult entertainment cabaret, adult motel, massage establishment
or peep show as those terms are defined herein.
ADULT MOTEL
A motel which is open to the public generally but excludes
minors by reason of age or which makes available to its patrons in
their rooms films, slide shows or videotapes which, if presented in
a public movie theater, would be open to the public generally but
would exclude any minor by reason of age.
ADULT MOTION-PICTURE THEATER
An enclosed or unenclosed building, structure or any portion
thereof used for presenting materials distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
sexual activities or sexual anatomical areas for observation by patrons.
BUSINESS
Any person, firm, association, partnership, corporation or
other entity, whether for-profit or not-for-profit.
MASSAGE
A method of treating the external parts of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home, medical clinic or the
office of any health care practitioner duly licensed by the State
of New York, nor barber shops or beauty salons in which massages are
administered only to the scalp, face, neck or shoulder(s). This definition
shall not include a volunteer fire department, a volunteer rescue
squad or a nonprofit organization operating a community center, swimming
pool, tennis court or other educational, cultural, recreational or
athletic facilities for the welfare of the residents of the area.
MASSAGE TECHNICIAN
Any individual who administers a massage to another individual
at a massage establishment. This definition shall not include any
health care practitioner duly licensed by the State of New York.
PEEP SHOWS
A theater which presents materials distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
sexual activities or sexual anatomical areas, in the form of live
shows, films or videotapes, viewed from an individual enclosure, for
which a fee is charged.
PERSON
Any individual, firm, partnership, corporation, club, association
or legal representative, acting individually or jointly.
SCHOOL
Any facility, public or private, which offers classes or
provides other educational services for minors.
SEXUAL ACTIVITIES
Any act of masturbation, fellatio, sadomasochism, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks or breasts.