As used in this bylaw, the following terms shall have the meanings
indicated:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other 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.
ADULT CABARET
A nightclub, bar, restaurant, tavern, dance hall or similar
commercial establishment which regularly features persons or entertainers
who appear in a state of nudity or live performances which are distinguished
or characterized by nudity, sexual conduct or sexual excitement, as
defined in MGL c. 272, § 31.
ADULT MOTION-PICTURE THEATER
An enclosed building or any portion thereof regularly used
for presenting material (motion-picture films, videocassettes, cable
television, slides or any other such visual media) distinguished by
an emphasis on matter depicting, describing or relating to sexual
conduct or sexual excitement, as defined in MGL c. 272, § 31.
ADULT PARAPHERNALIA STORE
An establishment having as a substantial or significant portion
of its stock devices, objects, tools or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement, as defined in MGL c. 272, § 31.
ADULT USE
Adult bookstores, adult cabarets, adult motion-picture theaters,
adult paraphernalia stores and adult video stores, or a combination
thereof operated as a single business, or any other business or establishment
characterized by an emphasis depicting, describing or related to sexual
conduct or excitement as defined in MGL c. 272, § 31, and
as defined in this bylaw. For purposes of interpreting the definition
of "adult use" as defined by this bylaw, "regular or regularly" shall
mean a consistent, ongoing and substantial course of conduct, such
that the films, performances or business activities so described constitute
a significant and substantial portion of the films, performances or
business activities offered as a part of the ongoing business of the
sexually oriented business. For purposes of this bylaw, "significant
or substantial" shall mean more than 25% of the subject establishment's
inventory of stock or more than 25% of the subject premises' gross
floor area.
ADULT VIDEO STORE
An establishment having as a substantial or significant portion
of its stock-in-trade, for sale or rent, motion-picture films, video
cassettes and similar audio/visual media, 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.
Off-street parking and loading shall be provided as required
for retail uses in the Light Industrial District, Subsections 3130
and 3133.
Any adult use establishment that was in existence as of the
first date of the publication of the notice of public hearing on this
zoning amendment regulating adult uses may continue to operate in
the same location, without material change in scale or content of
the business, but shall apply for such special permit within 90 days
following the adoption of this bylaw and shall thereafter comply with
all of the requirements herein.
Nothing in this bylaw is intended to authorize, legalize or
permit the establishment, operation or maintenance of any business,
building or use which violated any Town bylaw or statute of the Commonwealth
of Massachusetts regarding public nuisances, sexual conduct, lewdness,
or obscene or harmful matter, or the exhibition or public display
thereof.
If any provision of this section of the bylaw is ruled invalid
by a court of competent jurisdiction, such ruling shall not affect
the validity of the remainder of the section.