[Adopted 5-4-2004 by L.L. No. 2-2004]
The establishment of adult entertainment businesses
in the Town of Bolton can reasonably result in undesirable significant
changes in the character of the Town. Therefore it is necessary that
such activities be regulated in such a manner so as to preserve the
character of the community while making provision for appropriate
locations suitable for adult entertainment businesses within the municipality.
As used in this article, the following terms
shall have the meanings indicated:
ADULT BOOKSTOREA person, establishment or business having more than a minimal portion of its stock-in-trade, such as recordings, books, magazines, periodicals, films, videotapes/cassettes or other reading or viewing materials for sale or viewing at the premises, in materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific or general sexual activities or anatomical areas; or an establishment with a section devoted to the sale or display or viewing of such materials.
ADULT MOTION-PICTURE THEATERA structure, either indoors or outdoors, used for showing, displaying or presenting to patrons therein or thereat materials distinguished and characterized by emphasis on depicting, describing or relating to specific or general sexual activities or specific anatomical areas.
ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically, mechanically, or otherwise controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to any one person at any machine at any time so displayed as to distinguish or characterize by emphasis on depicting or describing specific sexual activities or specific anatomical areas.
ADULT ENTERTAINMENT CABARETA public or private establishment which is licensed to serve food and/or alcoholic beverages and which features topless and/or bottomless dancers, strippers, male or female impersonators or similar entertainers, or employees appearing in a bottomless and/or topless manner of dress.
MASSAGE ESTABLISHMENTAn establishment having a place of business where any person, firm, association, or corporation engages in, carries on, or permits to be engaged in or carried on, any of the following activities:
Any method of pressure on or friction against
or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating
of external soft parts of the human body with the hands or with the
aid of any mechanical or electrical device, with or without supplementary
aids such as rubbing alcohol, liniments, antiseptics, oils, powders,
creams, lotions, ointments, or other similar preparations.
The term "massage establishment" shall not apply
to licensed hospitals, licensed nursing homes, or clinics or persons
holding an unrevoked certificate to practice under the laws of the
State of New York.
COMMERCIAL USEThe establishment of any adult entertainment business as defined herein shall constitute a commercial use and as such shall be limited to the RIL 3 Residential-Industrial-Low-Density Zone subject to the requirements of § 200-106 herein.
Any natural person, firm, partnership, corporation, association,
or legal representative acting individually or jointly.
Less than completely covered human genitals, pubic regions,
buttocks, and female breasts below a point immediately above the top
of the areola, and the human male genitals in a discernible turgid
state.
Human male genitals in a state of sexual stimulation
or arousal;
Ultimate sex acts, normal or perverted, actual
or simulated, including acts of human masturbation, sexual intercourse,
oral copulation or sodomy; and
Fondling or other erotic touching of human or
animal genitals, pubic regions, buttocks or female breasts.
A.
No person shall cause or permit the establishment
of any of the above specific adult entertainment businesses within
500 feet of any church, school, park, day-care center, playground,
another adult entertainment business, tattoo parlor or body-piercing
studio.
B.
The establishment of an adult entertainment business
shall include the opening of such business as new business, the relocation
of such business, or the conversion of an existing business location
to any of the uses described above.
C.
For the purpose of this article, measurements shall
be made in a straight line, without regard to the intervening structures
or objects, from the nearest portion of the building or structure
used as a part of the premises for an adult entertainment business
to the nearest property line of a property containing a residential
dwelling or rooming unit, a church, school, commercial business, adult
entertainment business, or to the nearest boundary of a park or playground.
D.
A violation of this article is hereby declared to
be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both for conviction of a
first offense; for conviction of a second offense, both of which were
committed within a period of five years, punishable by a fine not
less than $350 nor more than $700 or imprisonment for a period not
to exceed six months, or both; and, upon conviction for a third or
subsequent offense all of which were committed within a period of
five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
In addition to fine and imprisonment, enforcement shall include all
civil remedies including those provided by Town Law § 268.
Each week during any portion of which any violation of the article
is committed, permitted or continued, shall constitute a separate
offense.
E.
If any provisions or clauses of this article or the
application thereof to any person or circumstances is held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, such
invalidity shall not affect the other provisions or clauses or applications
thereof, which can be implemented without the invalid provision, clause
or application, and to this end the provisions and clauses of the
article are declared to be severable.
[Amended 1-8-2019 by L.L.
No. 2-2019]
A.
Applicants for permission to operate an adult entertainment
business shall be required to submit an application for a site plan
review as a Type 1 special use in the RIL 3 Residential-Industrial-Low-Density
Zone and, in conformity therewith, shall make application to the Town
of Bolton Planning Board for site plan review. Such application shall,
in addition to all ordinary requirements of any site plan review,
also include the following:
(1)
Name, address and telephone number of applicant.
(2)
A survey map depicting the location of the premises
for which such permit is sought, and the existing or proposed location
of structures upon such premises. The survey map shall be prepared
by a New York licensed land surveyor with certification to the Town
of Bolton that the subject premises satisfies the distance and location
requirements specified in this article.
(3)
Name and address of the person, firm, corporation
or association which will operate the adult entertainment business
if the permit is granted.
(4)
Such other information as the Town Planning Board
shall request in order to have all facts before it prior to making
a decision.
B.
Upon receipt of such application and any necessary
supplementary information, the Town Planning Board shall set a date
for a public hearing in regard to consideration of the issuance of
such a permit, and a notice of such public hearing shall be published
no earlier than 20 days and no later than 10 days before the date
of such public hearing.
C.
In support of the public hearing, the applicant shall
present to the Town Planning Board an affidavit certifying that written
notice of the public hearing was provided by the applicant to all
owners of real property, as shown on the latest completed assessment
roll, within the footage distances specified in this article measured
from the premises for which a permission is sought. Such notice must
be given no earlier than 20 days and no less than 10 days before the
date of such public hearing.
D.
Upon conclusion of the public hearing and consideration
of all of the relevant evidence presented with respect to the application,
the Town Planning Board shall determine by a majority vote:
(1)
That the application is approved; or
(2)
That the application is approved with conditions taking
into account hours and specific days of operation, the intensity of
the proposed operation, visual impacts, public nuisance concerns and
all things reasonable and necessary so as to promote and protect the
general welfare, health, safety and well-being of the general population
and the possible impacts upon adjacent or nearby property uses and
values that may be effected by the location of an adult entertainment
business; or
(3)
That the application shall be denied for good cause.
An adult entertainment business shall be limited
to a maximum of one nonilluminated sign not to exceed two square feet
in size.
This article shall take effect 10 days after
posting and publication by law and immediately as to any person personally
served with a certified copy thereof.
[1]
Editor's Note: This article's effective date
is 6-15-2004.
