[HISTORY: Adopted by the Town Board of the Town of Moreau 2-12-2002 by L.L. No. 2-2002. Amendments noted where applicable.]
Editor's Note: This local law also superseded former Ch. 65, Public Entertainment, which consisted of Art. I, Shows and Exhibitions, adopted 12-11-1973 as Ch. 15, Art. I, of the 1973 Code, as amended; and Art. II, Attire, adopted 12-11-1973 as Ch. 15, Art. II, of the 1973 Code, as amended. Former Art. III, Outdoor or Drive-in Motion-Picture Theaters, adopted 6-4-1974 as Ch. 15, Art. III, of the 1973 Code, was repealed 7-27-1990 by L.L. No. 4-1990.
The Town of Moreau has undertaken a review of its local Code and regulations as they pertain to adult entertainment of a sexually oriented nature, and has determined such current Code and regulations to be insufficient.
It is the purpose and intent of the Town of Moreau to protect and preserve the health, safety, morals and welfare of the residents of the Town of Moreau and establish reasonable and suitable regulations for the location and use of sexually oriented businesses in the Town.
It is further the purpose of this chapter to prevent, to the extent possible, the secondary effects that such businesses may cause such as noise, crime, litter and the reduction in property values in areas or neighborhoods near sexually oriented businesses.
It is further the purpose of this chapter to fulfill the Town's constitutional, statutory and legal obligations to protect and preserve the public health, welfare and safety of the citizens of the Town of Moreau, and in particular to protect the value, use and enjoyment of the property in the Town.
As used in this chapter, the following terms shall have the meanings indicated:
- NUDITY or A STATE OF NUDITY
- The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
- SEMI-NUDE or IN A SEMI-NUDE CONDITION
- The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or it part.
- SEXUAL ENCOUNTER CENTER
- A business or commercial establishment that as one of its principal purposes offers for any form of consideration a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities. The definition of sexual encounter establishment or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
- SEXUALLY ORIENTED BUSINESS
- Any business, including, any club, nightclub, tavern, bar, restaurant, cabaret, motel, hotel, theater, gathering hall, arcade, store or any similar commercial establishment, that offers any live performances, films, motion pictures, videocassettes, slides or other photographic reproduction in which a person of any age appears or performs in a state of partial and/or full nudity or conducts any activity which is pornographic in nature and content, meaning the conduct depicts, describes or represents sexual conduct or otherwise appeals to the prurient interest. Sexually oriented businesses shall include, but are not limited to, the following establishments:
Nothing in these definitions or chapter shall require a permit for the display or sale of magazines, written or photographic materials which depict person(s) in a state of partial or full nudity or are otherwise pornographic in nature in any convenience store such as a food store or gas station or other similar establishment, provided that the materials are covered or are out of direct public view and the display or sale of such materials is secondary to the primary business purpose.
Specified sexual activities are:
Specified anatomical areas are:
Such sexually oriented business shall also be in accordance with the following requirements:
Sexually oriented businesses shall be prohibited from locating within 500 feet of a residential use.
Sexually oriented businesses shall be prohibited from locating within 2,500 feet of the property line of a school, child-care facility, house of worship, public park, public or private recreation facility, community center or other public facility, motel or hotel, designated historic district, historic landmark or site, or designated urban renewal area.
Sexually oriented businesses shall not be permitted to locate less than 1,000 feet from another such use, and not more than one sexually oriented business shall be permitted to locate within a single building or single lot.
Sexually oriented businesses shall not exceed, in total, 2,500 square feet of floor area, and cellar space shall not be used for enclosed storage or mechanical equipment.
Sexually oriented businesses shall be required to meet all other development standards and requirements of the laws of the Town of Moreau, including, but not limited to, licensing requirements, district lot and building regulations, parking requirements, signage, facade and screening regulations.
Sexually oriented businesses shall not be permitted in any building where a portion of the floor area of the building is in residential use, including nonconforming residential uses, a school, house of worship, public or private recreation facility, community center or other public facility, motel or hotel, historic landmark or site or designated urban renewal area.
Sexually oriented businesses shall not be permitted to provide live entertainment on the premises which involves nude dancing that is lewd, indecent or gross in nature. This shall not be construed to include conduct of being nude that constitutes a part of a bona fide live communication, demonstration or performance by a person wherein such nudity is expressive conduct incidental to, and necessary for, the conveyance or communication of a genuine message or public expression and is not a guise or pretense utilized to exploit nudity, nor shall it include conduct that is protected by the United States or New York State Constitution.
The exterior appearance of any building containing an adult-oriented business shall be consistent with the character of surrounding structures and shall not detract from the appearance of the neighborhood.
Sexually oriented businesses shall conform with all existing applicable sign laws in addition to the following specific requirements:
Signs which are illuminated in neon or which contain flashing lights shall be prohibited.
Exterior signs, displays or other advertisements which depict human nudity, seminudity, in a state of nudity or are otherwise provocative shall be prohibited.
Interior signs, displays, posters or other advertisements which contain nude, seminude or provocative pictures shall be located a minimum of four feet from any window or door, and shall not be visible from the exterior of the establishment.
Permanent and/or temporary window and door signs shall not occupy more than 20% of each window or door.
No person shall establish or maintain a sexually oriented business in the Town without a special use permit as required by this chapter and as set forth in Article V of the Zoning Code. A special use permit may be issued by the Zoning Board of Appeals after public hearing. The Zoning Board of Appeals may place conditions on any special use permit, which conditions may include but are not necessarily limited to hours of operation, signs, window displays, outdoor advertising, landscaping, screening and lighting. In no event shall a sexually oriented business operate beyond the hour of 11:00 p.m. A sexually oriented business must comply with all zoning regulations applicable to the zone where the business is to be located.
An application for a special use permit must be made on a form prescribed by the Town. At a minimum the application must include the following:
The name of the applicant, coapplicant and any individual or entity that has or will have an ownership or interest in the sexually oriented business (hereinafter referred to as "applicant").
The mailing and residential address of the applicant.
A copy of the applicant's driver's license, if existing.
The applicant's social security number and/or federal tax identification number.
A recent photograph of the applicant and proof that the applicant is 18 years of age or older.
A statement under oath whether the applicant has been convicted of any crime within the previous five years and, if so, the specifics of the crime, including the date and jurisdiction of the conviction.
A statement under oath whether the applicant has ever had a sexually oriented business license issued pursuant to this chapter or pursuant to a local law of another municipality denied, suspended or revoked and providing the circumstances, including the date of the denial, suspension or revocation.
A description of the exact location of the proposed sexually oriented business, including street address.
A sketch or diagram depicting the layout of the premises where the sexually oriented business is to be operated.
A description of the type and nature of activities which are proposed to be conducted at the sexually oriented business.
A list of any and all licenses or permits which the applicant of the proposed sexually oriented business maintains or holds in the Town or in any other municipality, including the names and locations of such other licensed sexually oriented businesses.
Proposed parking for patrons.
Details of all outdoor lighting and all outdoor advertising, signs and window displays.
Such other information as may be required by the Town.
Property owners within 2,000 feet of the location of a proposed sexually oriented business shall be notified in writing of the date, time and location of the public hearing.
A special use permit issued pursuant to this chapter may not be transferred to any other individual or entity. The permittee shall not be allowed to operate the permitted business at any other location other than the address designated in the application.
A special use permit shall be revoked, after a hearing on notice to the permit holder, upon a finding by the Zoning Board of Appeals that any of the following has occurred, which conduct shall also constitute a violation of this chapter:
The permittee has knowingly allowed possession, use or sale of controlled substances at the premises.
The permittee has knowingly allowed prostitution on the premises.
The permittee provided false or misleading information during the application process.
The permittee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex acts to occur in or on the premises.
The permittee has knowingly allowed any person under the age of 18 years to enter, occupy or work at the sexually oriented business.
The permittee has violated any conditions placed on the sexually oriented business by the Zoning Board of Appeals.
The application fee for a sexually oriented special use permit shall be set by the Town Board at an amount determined to be sufficient to pay the cost of administering this program, but in no event shall exceed $1,000.
An applicant or permittee shall permit authorized representatives of the Town, including the Building Inspector/Code Enforcement Officer, to inspect the premises for the purpose of insuring compliance with this chapter at any time during operating hours of the business.
Any person convicted of violating this chapter shall be subject to a fine not exceeding $2,500 for each such offense, plus costs, or imprisonment for a period not exceeding six months, or both. Each day on which the violation(s) continue shall be a separate offense.
Any sexually oriented business lawfully existing and operating as of the effective date of this chapter shall be exempt from this chapter.
Should any section or provision of this chapter be deemed to be unconstitutional or invalid by a court of law, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
This chapter shall become effective upon filing with the Secretary of State.