Town of Fort Edward, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fort Edward 4-9-2001 by L.L. No. 2-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 108.

§ 26-1 Purpose.

The Town Board hereby finds that the conduct of adult uses results in decreased property values, increased loss of business for non-adult businesses and deterioration of residential neighborhoods. This chapter will protect the general welfare, health, safety and well-being of the persons and property of the town and the integrity of the Town Master Plan and Zoning Ordinance by regulating the conduct of adult uses. This chapter is adopted in accordance with Municipal Home Rule Law § 10 and Town Law Article 16.

§ 26-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by depicting or describing specified adult activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which offers for sale or rental for any form of consideration any one or mote of the following:
A. 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified adult activities.
B. 
Instruments, devices or paraphernalia which are primarily intended, labeled, designed, advertised or promoted for use in connection with specified adult activities.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
A. 
Persons who appear in a state of nudity; or
B. 
Live performances which are characterized by the exposure of specified anatomical areas or by specified adult activities; or
C. 
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified adult activities or specified anatomical areas.
ADULT ENTERTAINMENT USES
A public or private establishment, or any part thereof, which presents any of the following entertainments, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult arcade; adult bookstore or adult video stores; adult cabarets; adult motels; adult motion-picture theaters; adult theaters; escort agencies; nude model studios and sexual encounter centers. Adult use and entertainment establishments customarily exclude persons 17 years of age and younger.
ADULT MOTEL
A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified adult activities or specified anatomical areas, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown, which are characterized by the depiction or description of specified adult activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified adult activities.
ESCORT
A person who, for a fee, tip or other consideration, agrees or offers to act as a date for another person; for consideration, agrees or offers to privately model lingerie for another person; for consideration, agrees or offers to privately perform a striptease for another person; or, for consideration but without a license granted by the State of New York, agrees or offers to provide a massage for another person.
ESCORT AGENCY
A person or business association who or which furnishes, or offers to furnish, or advertises to furnish, escorts as one of its primary business purposes for a fee, tip or other consideration.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration, other than as a part of a course of instruction offered by an educational institution established pursuant to the laws of the State of New York.
NUDITY or A STATE OF NUDITY
The appearance of specified anatomical areas.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the specified anatomical areas, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers, for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
SPECIFIED ADULT ACTIVITIES
Includes any of the following:
A. 
Actual sex acts, normal or perverted, including intercourse, oral copulation or sodomy;
B. 
Masturbation;
C. 
Excretory functions; or
D. 
Actual acts of dismemberment, mutilation or torture of humans or animals.
SPECIFIED ANATOMICAL AREAS
Includes any of the following:
A. 
Unless completely and opaquely covered, human genitals, pubic region, buttocks or breasts below a point immediately above the top of the areola; and
B. 
Even if completely and opaquely covered, male genitals in a discernibly turgid state.

§ 26-3 Locational restrictions; site plan review required; preexisting uses.

Adult entertainment uses shall be permitted with site plan review only in the Light Industrial Zoning District(s); provided, however, that no adult entertainment uses shall be conducted within 1,000 feet of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adult entertainment uses. Any such use which is a preexisting lawfully established use in such areas as of the effective date of this chapter may be continued and maintained but may not be expanded or increased and may not be resumed if such use is abandoned for a period of six consecutive months.