A person commits a violation of this chapter if that person
operates or causes to be operated an adult entertainment establishment
in any zoning district other than the Commercial District, as defined
and described in the Zoning Law.[1]
A person commits a violation of this chapter if that person
operates or causes to be operated an adult entertainment establishment
without obtaining a special use permit, as defined and described in
the Zoning Law.[1]
A.Â
A person commits a violation of this chapter if the person operates
or causes to be operated an adult entertainment establishment within
500 feet of:
(1)Â
A church, synagogue, mosque, temple or building which is used primarily
for religious worship and related religious activities;
(2)Â
A public or private educational facility, including but not limited
to child day-care facilities, nursery schools, preschools, kindergartens,
elementary schools, private schools, intermediate schools, junior
high schools, middle schools, high schools, vocational schools, secondary
schools, continuation schools, special education schools, junior colleges,
and universities. "School" includes the school grounds but does not
include facilities used primarily for another purpose and only incidentally
as a school;
(3)Â
A public park or recreational area which has been designated for
park or recreational activities, including but not limited to a park,
playground, nature trails, swimming pool, reservoir, athletic field,
basketball or tennis courts, pedestrian/bicycle paths, or other similar
public land within the Town which is under the control, operation,
or management of a public agency;
(4)Â
A building containing a Residential Group R use and occupancy as
defined by the New York State Uniform Fire Prevention and Building
Code;
(5)Â
A structure or facility providing, whether wholly or partially, a
public service; or
(6)Â
A building containing licensed premises as defined by § 3
of the Alcoholic Beverage Control Law of the State of New York.
B.Â
A person commits a violation of this chapter if that person causes
or permits the operation, establishment, substantial enlargement,
or transfer of ownership or control of an adult entertainment establishment
within 500 feet of another adult entertainment establishment.
C.Â
A person commits a violation of this chapter if that person causes
or permits the operation, establishment, or maintenance of more than
one adult entertainment establishment in the same building, structure,
or portion thereof, or the increase of floor area of adult entertainment
establishment in any building, structure, or portion thereof, containing
another adult entertainment establishment.
D.Â
A person commits a violation of this chapter if that person operates
or causes to be operated an adult entertainment establishment at the
same property or portion thereof containing a Residential Group R
use and occupancy as defined by the New York State Uniform Fire Prevention
and Building Code.
E.Â
Measurement.
(1)Â
For the purpose of Subsection A of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where an adult entertainment establishment is conducted to the nearest portion of the building or structure of a restricted location listed in this article.
(2)Â
For the purposes of Subsection B of this section, the distance between any two adult entertainment establishments shall be measured in a straight line, without regard to any intervening structures or objects, from the closest exterior wall of the structure in which each establishment is located.
(3)Â
Presence of a Town, village or other political subdivision boundary
shall be irrelevant for purposes of calculating and applying the distance
requirements of this section.
