[HISTORY: Adopted by the Town Board of the Town of Tully 2-11-2002
by L.L. No. 1-2002. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A public or private establishment, or any part thereof, which presents
any of the following entertainment, services, or sales or rentals on one or
more occasions:
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated, slug-operated or electronically, or electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images thereon said devices to patrons thereof and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activates or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STOREA commercial establishment which, as one of its businesses purposes, offers for sale or rental any of the following: books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or instruments, devices or paraphernalia which are designed, advertised or sold for use in connection with any specified sexual activity. A commercial establishment may have other business purposes that do not involve the offering for sale or rental of the aforementioned specified materials or products and still be categorized as "adult bookstore" or "adult video store" if one of its business purposes is the offering for sale or rental of the above-specified materials or products which depict or describe any specified sexual activity(ies) or any specified anatomical area(s).
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which permits or provides for the entertainment of its patrons, any of the following:
Person(s) who appear(s) in a state of nudity.
Live performances which are characterized by the exposure of any specified
anatomical area(s) or by the performance or depicting of any specified sexual
activity(ies).
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description of any
specified sexual activity(ies) or any specified anatomical area(s).
ADULT MOTELA hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration and
which provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic or visual reproductions
which are characterized by the depiction or description of any specified sexual
activity(ies) or specified anatomical area(s) and has a sign or other means
of visual display of information which is visible from the public right-of-way
and which advertises the availability of this adult-type of photographic reproductions.
Offers a sleeping room for rent for a period of time that is less than
10 hours.
Allows a tenant or occupant of a sleeping room to subrent the room to
another person or persons for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic or visual reproductions are shown and which are characterized by the depiction or description of any specified sexual activity(ies) or any specified anatomical area(s).
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which permits or provides acts, shows or entertainment by persons who appear in a state of nudity, or who display or exhibit any specified anatomical area(s).
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its business purposes, offers for any form of consideration, any of the following:
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately remove, in the presence of another, part or all of his/her clothing.
ESCORT AGENCYA person or business entity who/which furnishes, offers to furnish or advertises to furnish escorts as one of its business purposes, for consideration in any form or amount.
NUDE MODEL STUDIOAny place where a person who appears in state of nudity or displays any specified anatomical area(s) is provided for the purpose of being observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by another person or persons who pay money or any form of consideration therefor.
NUDITYA state where a person is bare, naked or unclothed, or displays or exhibits a less than completely and opaquely specified anatomical area(s).
BODY RUB PARLORAn establishment where, for any form or amount of consideration, body rub, alcohol rub fomentation, electric, magnetic or similar treatment or manipulation of part or all of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of New York. The definition shall not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service to such aforementioned principal use(s).
Less than completely and opaquely covered human genitals, pubic region,
buttocks, anus or female breast(s) below a point immediately above the top
of the areolae; or
Human male genitals in a state of sexual stimulation or arousal, or
in a discernible turgid state, even if completely and opaquely covered.
Any of the following:
Masturbation, sexual intercourse, oral copulation or sodomy.
Fondling or other erotic touching of human genitals, public regions,
buttocks, anus or female breasts.
Masochism, erotic or sexually oriented torture or flagellation, beating
or the infliction of pain.
Erotic touching, fondling or other such contact between an animal and
a human being.
A.
The primary purpose and intent of this chapter is as
follows:
(1)
To preserve the rural and residential character and quality
of life in the Town of Tully neighborhoods and business areas.
(2)
To control documented harmful and adverse secondary effects
of a concentration or proliferation of adult uses on surrounding areas such
as decreased property values, attraction of transients, parking and traffic
problems, increased crime (including prostitution, rape and assaults in the
vicinity of such uses), loss of business, for surrounding nonadult-use businesses
and deterioration of neighborhoods.
(3)
To maintain property values.
(4)
To prevent crime.
(5)
To protect retail trade.
(6)
To restrict minors' access to adult uses.
(7)
To maintain the general welfare, safety and morals of
Town of Tully residents.
B.
Adult uses shall be allowed subject to the issuance of a special authorization as provided in Chapter 280, Zoning, of the Code of the Town of Tully.[1]
(1)
An adult use may not be located in any zoning district
other than an IND District.
(3)
An adult use may not be located within 750 feet of another
adult use nor on the same lot or parcel of land with another adult use.
(4)
An adult use may not be located or operated in a building
or structure which contains another adult use.
(5)
The exterior of the adult-oriented business shall be
consistent with the character of surrounding structures and shall not detract
from the appearance of the neighborhood. No building shall be painted in garish
colors or contain other features as will effectuate the same purpose as a
sign without Planning Board approval.
(6)
Sound and noise shall be kept at a level so that it cannot
be discerned by the public from public areas.
(7)
Hours of operation shall be from 9:00 p.m. until 2:00
a.m. only.
(8)
Outside advertising for an adult-oriented business shall
be limited to one advertising sign, size to be limited to regulations of Town
of Tully Zoning Laws regarding signs. No sign shall have any photographic
or artistic representation whatsoever thereon. Signs illuminated in neon or
which contain flashing lights are prohibited. Exterior signs, displays or
other advertisements which contain nude, seminude or provocative pictures
are prohibited. No portion of any sign shall be more than 20 feet above ground
level. There will be no searchlights.
(9)
If an adult-oriented business has a discernible visual
impact on the environment, the adult-oriented business shall be properly screened,
through the use of fences, walls, landscaping or other measures. Screen planting
shall be buffers at least 10 feet in width. The plan for the screening shall
be submitted to the Planning Board for approval.
(10)
An adult-oriented business must have parking areas sufficient
to accommodate 1/2 the total amount of occupancy allowed by law and shall
provide adequate turnaround such that vehicles will not have to back out onto
public thoroughfares. Lighting in parking lots shall be adequate and in accordance
with regularly accepted safety and insurance guidelines and subject to any
Town, county, state and federal requirements. All lighting shall be located
and directed so as to minimize its escape off the property.
(11)
Strict crowd control shall be provided by the owners
and/or operators, including crowd control in the parking lots.
(12)
No adult-oriented business shall exceed 2,500 square
feet in total floor area including cellar space not used for enclosed storage
or mechanical equipment.
A.
An application for an adult-oriented business special
authorization shall be made to the Town Clerk and shall be accompanied by
a nonrefundable fee as set from time to time by resolution of the Town Board.
Seven copies of all application papers are required. The application materials
shall, pursuant to § 16, then be submitted to the Planning Board
not less than 10 days prior to their next regularly scheduled meeting.[1]
B.
The application shall include, at the applicant's expense,
copies of the following:
(1)
A clear, complete and concise description of the proposed
use.
(2)
Proof of notification of the application to all property
owners within 750 feet of the property lines of the proposed adult entertainment
establishment. This notification shall state the date, time and location of
the scheduled meeting of the Town of Tully Planning Board at which the application
will be initially considered.
(3)
Criminal record check: The application shall provide
a list of owners, operators and managers, including names, addresses and social
security numbers along with signed authorizations from each individual, to
the Planning Board which shall cause an investigation to be made as to the
character and criminal background of the applicant and of the officers of
the club, society or corporation and of the person which is to have general
management of the business. If found to have been convicted of violation of
any criminal statute of this state, except traffic offenses or of any local
law regulating, controlling or in any way related to the construction, use
or operation of any establishments included in this chapter which evidences
a flagrant disregard for the safety or welfare of either patrons, employees
or person residing or doing business nearby, the Planning Board shall so report.
Any expense incurred in making this criminal background check shall be paid
by the applicants in advance. The background check shall be attached to the
application when forwarded to the Zoning Board of Appeals.
(4)
Prior to the issuance of a special authorization, the
premises housing the adult-oriented business shall be inspected and found
to be in compliance with all applicable laws, rules and regulations. No permit
shall be granted without a certificate of compliance of the Onondaga County
Health Department, New York State Fire Code Inspector and Town Building Inspector.
All pertinent inspections must be requested within 15 days of the filing of
the application, and all inspection reports shall be filed with the Planning
Board within 30 days thereafter.
(5)
The applicant shall be responsible for all expenses and
costs incurred by the Town in reviewing the application, including but not
limited to professional services (engineers, lawyers, architects, etc.) and
publications costs. The applicant may be required to deposit money in escrow
with the Town Clerk prior to reviewing or proceeding with the application.
It shall be unlawful to violate any of the provisions of this chapter,
including but not limited to the following:
A.
To give, sell or use, or knowingly permit the gift, sale
or use, of alcoholic beverages by anyone on the adult-oriented business premises;
B.
To refuse to allow an inspection of the adult-oriented
business premises as authorized by this chapter;
C.
To gamble or knowingly or recklessly permit gambling
by any person on the adult-oriented business premises;
D.
To possess, use, sell or knowingly or recklessly allow
possession, use or sale of controlled substances or marijuana by any person
on the adult-oriented business premises;
E.
To knowingly or recklessly allow prostitution, acts of
sexual intercourse, sodomy, oral copulation, masturbation, or other illegal
activity on the premises of an adult-oriented business, including parking
lots;
F.
To knowingly or recklessly allow disorderly conduct,
or to permit the adult-oriented business to become and be a place of resort
of thieves, prostitutes or disorderly persons;
G.
To admit, or to knowingly or recklessly allow admittance,
of anyone under the age of 18;
H.
To fail to be in compliance with any section of this
chapter.
A.
Any person, firm or corporation which violates any provision
of this chapter or the regulation established hereunder shall be guilty of
an offense against this chapter and be subject to a fine of not more than
$1,000 or to imprisonment for a period of not more than one year or both such
fine and imprisonment. Each day of a continued violation shall constitute
a separate additional violation.[1]
B.
In addition, any person, business entity, firm or corporation
which violates any of the provisions of this chapter or the regulations established
hereunder or which shall omit, neglect or refuse to do any act required thereby
shall, severally, for each and every such violation, forfeit and pay a civil
penalty of not more than $1,000, be imprisoned for a period of not more than
one year or be subject to both such fine and imprisonment. When a violation
is continuous, each day shall constitute a separate and distinct violation
subject to additional civil penalty.[2]
C.
The imposition of penalties for any violation of this chapter
or the regulations issued hereunder shall not excuse the violation nor permit
it to continue. The application of the above penalty or penalties or prosecution
for a violation of any provision of these regulations shall not prevent the
suspension or revocation of a permit or the enforcement and removal of conditions
prohibited by these regulations. The expenses of the Town in enforcing such
removal, including legal fees, may be chargeable to the offender, in addition
to the aforestated penalties, and may be recovered in a civil court of appropriate
jurisdiction. When a violation of any of any of the provisions of these regulations
is continuous, each day thereof shall constitute a separate and distinct violation,
subjecting the offender to an additional penalty. The foregoing penalties
are separate from and in addition to penalties prescribed by any other applicable
statutes, ordinances, local laws or regulations.[3]
D.
The imposition of penalties herein prescribed shall not
preclude the Town or any person from instituting appropriate legal action
or proceedings to prevent a violation of this chapter, or to restrain or enjoin
the use or occupancy of a building, premises or part thereof in violation
of this chapter.
