[Added 12-15-1987 by L.L. No. 11-1987; amended 5-24-2005 by L.L. No. 9-2005]
The Town Board has conducted an extensive review
of land use studies concerning secondary effects of sexually oriented
businesses in other municipalities, including the Town of Huntington,
Town of Islip and the City of New York, and has further prepared maps
to set forth the locations where adult uses would be permissible pursuant
to certain proposed regulations. From a review of these studies, and
the testimony of its residents, the Town Board finds the following:
A.Â
Some uses, due to their very nature, have characteristics
which cause, or tend to cause, secondary adverse impacts upon the
community and have a deleterious effect on both surrounding businesses
and residential areas, such as increased crime and downgraded property
values. Said impacts are heightened by concentration of such uses
in any one area, thereby aggravating deleterious effects on adjacent
areas and other uses.
B.Â
Among such uses are sexually oriented businesses,
which have serious objectionable characteristics, particularly when
operated in close proximity to each other, thereby contributing to
crime, lower property values, blight and downgrading of the quality
of life in adjacent areas. Special regulation of such uses is necessary
to ensure that said adverse secondary impacts do not contribute to
blighting or downgrading of surrounding neighborhoods or land uses.
C.Â
Location of such uses in relation to residential and
other areas where youth may regularly assemble and/or congregate,
the general atmosphere around their operation and their downward impact
of property values, resulting in disinvestment with concomitant social
and economic deterioration, is of great concern to the Town of Babylon.
D.Â
The special regulations set forth hereinbelow are
intended to ameliorate adverse secondary impacts of such uses on adjacent
areas and other land uses, to prevent concentration of such uses in
any one area and to dissuade accessibility to such uses by minors.
[Amended 7-19-2005 by L.L. No. 19-2005; 11-8-2007 by L.L. No. 21-2007; 11-17-2010 by L.L. No. 35-2010; 5-22-2012 by L.L. No. 4-2012]
A.Â
ADULT BOOKSTORE
ADULT DRIVE-IN THEATER
ADULT ENTERTAINMENT CABARET
ADULT LIVE PERFORMANCES
ADULT MASSAGE
ADULT NOVELTY SHOPS
ADULT STORE
ADULT THEATER
ADULT VIDEO STORES
OTHER ADULT COMMERCIAL FACILITIES
PEEP SHOW
As used in this article, the following shall be adult uses:
Any establishment which offers for viewing, sale or rental,
for any form of consideration or gratuity, adult entertainment, through
any mediums, as a substantial or significant portion of its business,
merchandise and/or stock-in-trade.
A drive-in theater that customarily presents adult entertainment
in the form of motion pictures, which is not open to the public generally
but excludes any minor by reason of age.
A public or private establishment which presents adult entertainment
in the form of topless dancers, strippers, exotic dancers or other
similar entertainments and which establishment is customarily not
open to the public generally but excludes any minor by reason of age.
Adult entertainment in the form of live performances which
are characterized by an emphasis on persons who appear in a state
of nudity; and/or which are characterized by an emphasis on persons
who expose specified anatomical areas or engage in depiction or description
of specified sexual activities; and/or conduct by employees who, as
part of their employment, expose to patrons specified anatomical areas.
Adult entertainment in the form of massage or any other treatment
or manipulation of the human body which occurs as a part of, or in
connection with, specified sexual activities or where any person providing
such massage, treatment or manipulation exposes specified anatomical
areas of his or her body.
Any establishment which offers for viewing, sale or rental,
for any form of consideration or gratuity, adult entertainment and/or
adult paraphernalia as a substantial or significant portion of its
business, merchandise and/or stock-in-trade.
An establishment having, as a substantial or significant
portion of its merchandise and/or stock-in-trade of adult entertainment,
DVDs, CDs or computer games and videotapes, paraphernalia or novelties
or adult materials of any type, objects or materials used for sexual
purposes, or objects which bear a practical resemblance to human sex
organs.
A theater that customarily presents adult entertainment in
the form of motion pictures, films, videotapes or slide shows, which
is not open to the public generally but excludes any minor by reason
of age.
Any establishment which offers for viewing, sale or rental,
for any form of consideration, adult entertainment, such as adult
photographic reproductions, as a substantial or significant portion
of its business, merchandise and/or stock-in-trade.
Business or commercial enterprises, other than those specifically
set forth by definition in this section, that offer or feature, for
any form of consideration or gratuity, adult entertainment, through
any medium, as a substantial or significant portion of its business,
merchandise and/or stock-in-trade.
A theater which presents adult entertainment in the form
of live shows, films or videotapes, viewed from an individual enclosure,
for which a fee is charged and which is not open to the public generally
but excludes any minor by reason of age. However, nothing herein shall
permit any enclosure to be more than three sides. One side must be
open to the view of other customers.
B.Â
ADULT ENTERTAINMENT
(1)Â
(2)Â
(3)Â
ADULT PARAPHERNALIA
ADULT PHOTOGRAPHIC REPRODUCTIONS
ADULT PRINTED MATERIALS
EMPLOYEE
NUDITY
PARK/PARKS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL OR SIGNIFICANT PORTION
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(2)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
As used in this article, the following terms shall have the meanings
indicated:
Includes the causing, permitting or allowing of:
Offering printed materials, photographic reproductions or live
performances which, applying contemporary community standards, and
when taken as a whole, appeal to the prurient interest, are patently
offensive and lack serious literary, artistic, political or scientific
value and which are characterized by an emphasis on persons who appear
in a state of nudity; and/or which are characterized by an emphasis
on persons who expose specified anatomical areas or engage in depiction
or description of specified sexual activities; and/or
Conduct by employees who, as part of their employment, expose
to patrons specified anatomical areas; and/or by two or more persons
who congregate, associate or consort for purposes of specified sexual
activities, exposure of specified anatomical areas or activities when
one or more of them is in a state of nudity; and/or
Offering paraphernalia designed, used or marketed primarily
for stimulation of human genital organs or sadomasochistic use or
abuse; and/or massage or any other treatment or manipulation of the
human body which occurs as a part of, or in connection with, specified
sexual activities or where any person providing such massage, treatment
or manipulation exposes specified anatomical areas of his or her body.
Includes instruments, devices, gear, equipment, apparatus,
accoutrements or other appurtenances which are designed, used or marketed
primarily for stimulation of human genital organs or sadomasochistic
use or abuse.
Includes slides, films, motion pictures, videotapes, videocassettes,
compact discs or similar pictorial presentations characterized by
an emphasis on depiction or description of specified sexual activities
or specified anatomical areas.
Includes books, magazines, periodicals, photographs or other
printed matter which are characterized by an emphasis on depiction
or description of specified sexual activities or specified anatomical
areas.
Any person who works or performs in or for an adult establishment,
either on a regular basis or on single or multiple separate occasions,
regardless of whether or not said person is paid a salary, wage or
other compensation by the operator of said business.
The appearance, or state of dress, of a person, viewable
by one or more other persons, wherein human genitals, pubic region,
buttocks, anus, or female breast below a point immediately above the
top of the areola are exposed or less than completely and opaquely
concealed.
Includes all parks, park reserves, playgrounds, athletic
fields, swimming pools, beaches, boardwalks, bowling alleys, skating
rinks, theaters, game centers, amusement parks and similar places
of amusement, entrances, approaches, facilities and other recreational
areas, including structures and buildings owned or used by the Town.
Includes, with regard to the human body:
Includes, with regard to the human body, actual or simulated
depictions or descriptions of:
"Substantial or significant portion" shall be determined using
the following considerations:
Amount of floor area and basement space accessible to customers
and allotted to adult entertainment of any type, generally, or as
compared to the total floor area and basement space accessible to
customers; and/or
Amount of adult entertainment stock-in-trade of any type accessible
to customers, generally, or as compared to total stock accessible
to customers; and/or
Revenues derived from adult entertainment of any type, generally,
or as compared to total revenues; and/or
Advertising devoted to adult entertainment of any type, generally,
or as compared to total advertising; and/or
Use of the establishment for adult entertainment of any type,
generally, or as compared to total use thereof.
However, notwithstanding the above considerations, the following
shall be conclusive in determining substantial or significant portion:
Forty percent or more of floor area and basement space accessible
to customers allotted to adult entertainment of any type; and/or
Forty percent or more of its stock-in-trade in adult entertainment
materials of any type; and/or
Forty percent or more of its gross income derived from adult
entertainment of any type; and/or
Forty percent or more of its advertising devoted to adult entertainment
of any type; and/or
Forty percent or more of its business, generally, engaged in
adult entertainment of any kind.
The adult uses as defined in § 213-377 above are to be restricted as to location in the following manner in addition to any other requirements of this Code:
A.Â
Adult uses shall be allowable only in industrial zoned
districts and subject to the regulations set forth in this article.
B.Â
The lot line of any of the above uses shall not be
located within a one-thousand-foot radius of the lot line of any lot
zoned for residential use. For purposes of this subsection, cemetery
property shall be deemed not zoned residential.
C.Â
The lot line of any of the above uses shall not be
located within a five-hundred-foot radius of the lot line of another
such legal adult use.
D.Â
The lot line of any of the above uses shall not be
located within a one-thousand-foot radius of any school, library,
church or other place of religious worship, park, playground or playing
field.
No more than one of the adult uses as defined
above shall be located on any lot.
A.Â
The provisions of this article are severable. The
invalidity of any word, section, subsection, clause, phrase, paragraph,
sentence, part or provision of this article shall not affect the validity
of any other part of this article which can be given effect without
such invalid part or parts.
B.Â
If any portion of this article is found to be in conflict
with any other provision of any other local law or ordinance of the
Code of the Town of Babylon, the provision which establishes the higher
standard shall prevail.