[Added 6-13-2022 by L.L. No. 2-2022]
A.
Purpose. It is recognized that buildings and establishments operated
as adult uses have serious objectionable operational characteristics.
In order to promote the health, safety and general welfare of the
residents of the Town of Pendleton, this section is intended to restrict
adult uses to nonresidential and nonbusiness areas of the Town of
Pendleton and otherwise regulate their operation. Moreover, in light
of the fact that the operational characteristics of adult uses increase
the detrimental impact on a community when such uses are concentrated,
this section is intended to promote the health, safety and general
welfare of the residents of the Town of Pendleton by regulating the
concentration of such uses.
B.
Word usage and definitions.
(1)
General. Unless specifically defined below, words or phrases used
in this section shall be interpreted so as to give them the meaning
they have in common usage and to give this section its most reasonable
application.
(2)
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT MINI-MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
ADULT USE
BUSINESS
DISSEMINATION
PERSON
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL CONNECTION
(a)
(b)
(c)
(d)
Specific terms. As used in this section, the following terms shall
have the meanings indicated:
An establishment or business, whether retail or wholesale,
having as a substantial or significant portions of its stock-in-trade,
books, magazines and other periodicals, films and viewing materials
for sale or viewing on premises, by use of motion-picture devices
or any coin-operated means, which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas or an establishment
or business containing a segment or section devoted to the sale or
display of such material.
A public or private establishment which is licensed to serve
food and/or alcoholic beverages, which features topless dancers, strippers,
male or female impersonators or similar entertainers.
An enclosed building with a capacity of less than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
An enclosed or unenclosed building or structure or portion
of a building or structure, including drive-in theaters, used for
presenting materials having as a dominant theme material distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities or specified anatomical areas
for observation by patrons therein.
Any establishment or business involved in the dissemination
of material distinguished or characterized by an emphasis on matters
depicting, describing or relating to specified sexual activities or
specified anatomical areas, including, but not limited to, bookstores,
adult motion-picture theaters and adult entertainment cabarets.
Any commercial enterprise, association or arrangement for
profit.
The transfer of possession, custody, control or ownership
of or the exhibition or presentation of any performance to a customer,
member of the public or business invitee of any material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
Any person, firm, partnership, corporation, association or
legal representative acting individually or jointly.
In a sole proprietorship, an individual who owns, operates,
controls or conducts, directly or indirectly, any premises, building
or location upon which any adult use takes place.
In a partnership, limited or general, an individual who shares
in any potential profits or losses of the business or who shares in
the ownership of any of the assets of the partnership business.
In a corporation, an individual who is an officer, director
or a holder, either directly, indirectly or beneficially, of more
than 20% of any class of stock.
Any person who furnishes more than 20% of the capital financing
or assets of such business, whether in cash, goods or services.
C.
Restrictions. In addition to the requirements of Chapter 247, Zoning, adult uses shall be permitted subject to the following restrictions:
(1)
No adult use shall be allowed within 500 feet of another existing
adult use.
(2)
No adult use shall be located within 500 feet of the boundaries of
any zoning district which is zoned FP, R1, R2, CO or LI.
(3)
No adult use shall be located within 2,000 feet of a preexisting
school or place of worship.
(4)
No adult use shall be located in any zoning district, except those
districts zoned for Special Light Industrial (SLI).
D.
Prohibition regarding public observation. No adult use shall be conducted
in any manner that permits the observation of any material depicting,
describing or relating to specified sexual activities or specified
anatomical areas from any public way or from any property not registered
as an adult use. This provision shall apply to any display, decoration,
design, show window, screen or other opening.
E.
Penalties for offenses. Any violation of this section shall be an
offense punishable by a fine not exceeding $250 or imprisonment for
not more than 15 days, or both. Each and every day that a violation
of this section is permitted to exist shall constitute a separate
offense. This penalty shall be in addition to any other penalties
or other remedies as may be provided by law.
F.
Registration. No person, firm, corporation or other entity shall
lease, rent, maintain, operate, use or allow to be used or operated
any business or establishment, any part of which contains an adult
use, without first complying with the provisions of this section as
set forth below:
(1)
In addition to any and all other necessary licenses and permits,
no form of adult use shall be allowed to operate or allowed to continue
to operate until a certificate of registration is filed with the Code
Enforcement Officer/Building Inspector containing:
(a)
The address of the premises.
(b)
The name and address of the owner(s) of the premises and the
name and address of the beneficial owners(s) if the property is in
a land trust.
(c)
The name of the business or the establishment subject to the
provisions of this section.
(d)
The name, business and home address and business or home phone
numbers of all owners of the business or establishment subject to
the provisions of this section.
(e)
The name, business and home address and business or home phone
numbers of all those persons having a substantial connection with
the business or establishment subject to the provisions of this section.
(f)
The date of the initiation of the adult use.
(g)
The exact nature of the adult use.
(h)
If the premises or the building in which the business containing
the adult use is located is leased, a copy of the lease.
(2)
If there occurs any change in the formation required for the registration,
the Code Enforcement Officer/Building Inspector shall be notified
of such change and a new amended certificate shall be filed within
30 days of such change.
(3)
The processing fee for each certificate of registration or amendment
thereto shall be as described in the Town of Pendleton Fee Schedule,
adopted by the Town Board by resolution, as may be amended from time
to time.
(4)
No certificate of registration issued under the provisions of this
section shall be transferable to any other than the registrant, nor
shall a certificate of registration be transferable for use at any
premises, building or location other than stated in the certificate
of registration.
(5)
The owner, manager or agent of any adult use shall cause a copy of
the certificate of registration issued under the provisions of this
section to be prominently displayed on the premises, building or location
for which it is issued.
(6)
Any knowingly false statement or any statement which the registrant
or applicant should reasonably have known to be false which is provided
in the certificate of registration or any document or information
supplied therewith shall be grounds for rejection, suspension or revocation
of the certificate of registration.
(7)
It is a violation of this section for the owner or person in control
of any property to establish or operate thereon or to permit any person
to establish or operate an adult use without having in force a certificate
of registration complying with this section.
(8)
Any certificate of registration shall be immediately revoked if an
owner or person in control of property operated or established as
an adult use, or his employee, is convicted of any violation of the
Penal Law of the State of New York or violates this section in any
manner.
G.
Site plan review and special use permit.
(2)
A special use permit issued by the Town Board is required upon approval
of the site plan and is subject to an annual review by the Town Board.
Town Board review will be undertaken to ensure that all provisions
listed herein are being adhered to. The Town Board will have discretion
to revoke the special use permit due to noncompliance and establish
a time frame to correct the violation(s).
(3)
A special use permit issued under the provisions of this section
shall not be transferable.
(4)
The fee for each special use permit shall be as described in the
Town of Pendleton Fee Schedule, adopted by the Town Board by resolution,
as may be amended from time to time.
(5)
Any special use permit shall be immediately revoked if an owner or
person in control of property operated or established as an adult
use, or his employee, is convicted of any violation of the Penal Law
of the State of New York, or violates this section in any manner.
