[HISTORY: Adopted by the Board of Trustees of the Village of Croton-on-Hudson 7-11-1994 by L.L. No. 5-1994. Amendments noted where applicable.]
A. 
Some business uses, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated, thereby having a deleterious effect upon the use and enjoyment of adjacent areas. Special regulation of these business uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary purpose of this chapter is to restrict adult entertainment uses to nonresidential and noncommercial areas of the village and to prevent an undue concentration of these uses.
B. 
The unrestrained proliferation and inappropriate location of such businesses is inconsistent with existing development and future plans for the Village of Croton-on-Hudson in that they often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of these businesses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. Of particular concern is the location of these uses in areas where our youth may regularly assemble. As other business activity drops off and the quality of life deteriorates, merchants and families move away from the area, leaving it in a vacant and depressed state.
C. 
Adult entertainment use businesses exhibit the characteristics noted above. Special regulation of adult entertainment businesses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses. In order to prevent the deleterious location and concentration of such businesses and to ensure that those effects will not adversely effect the health, safety and economic well-being of the community, the Board of Trustees of the Village of Croton-on-Hudson finds it in the public interest to enact these standards which regulate the placement, construction and/or permitting of adult entertainment use businesses in the Village of Croton-on-Hudson.
For the purpose of this chapter, the following phrases and words shall have the meanings assigned below, except in those instances when the context clearly indicates a different meaning:
ADULT BOOKSTORE or ADULT VIDEO STORE
An establishment, whether retail or wholesale, that has as a substantial portion of its stock-in-trade books, magazines, recordings, periodicals, films, videotapes/cassettes or other viewing materials for sale or viewing, on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas. For the purpose of this definition only, "substantial" shall mean comprising an area that is 30% or more of the total floor area available to patrons.
ADULT ENTERTAINMENT CABARET
A nightclub, bar, restaurant or similar public or private establishment which presents topless dancers, strippers or exotic dancers or other similar entertainments.
[Amended 6-26-2023 by L.L. No. 11-2023]
ADULT ENTERTAINMENT USE
Any use constituting an adult bookstore, adult motion picture theater, adult entertainment cabaret, adult motel or peep show as those terms are defined herein.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A. 
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 sexual activities or sexual anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
B. 
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
C. 
Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER
An enclosed or unenclosed building, structure or any portion thereof used for presenting films, motion pictures, videocassettes, slides or similar photographic reproductions distinguished or characterized by primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons.
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 sexual anatomical areas or by sexual activities.
BUSINESS
Any person, firm, association, partnership, corporation or other entity, whether for profit or not for profit.
ESTABLISH OR ESTABLISHMENT
Any of the following:
A. 
The opening or commencement of any adult entertainment use business as a new business;
B. 
The conversion of an existing business, whether or not an adult entertainment use business, to any adult entertainment use business;
C. 
The addition of any adult entertainment use business to any other existing adult entertainment use business; or
D. 
The relocation of any adult entertainment use business.
PEEP SHOWS
A theater which presents materials distinguished or characterized by primary emphasis on matters depicting, describing or relating to sexual activities or sexual anatomical areas, in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged.
PERSON
Any individual, firm, partnership, corporation, club, association or legal representative, acting individually or jointly.
SCHOOL
Any facility, public or private, which offers classes or provides other educational services for minors.
SEXUAL ACTIVITIES
Any act of masturbation, fellatio, sodomy, sexual intercourse or fondling or other erotic touching of a person's genitals, pubic area, buttocks or breasts.
SEXUAL ANATOMICAL AREAS
A. 
Less than the completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.
B. 
Human male genitals in a discernibly turgid state even if completely and opaquely covered.
TRANSFER OF OWNERSHIP OR CONTROL (of an adult entertainment use business)
Any of the following:
A. 
The sale, lease or sublease of the business;
B. 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
C. 
The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
In addition to the requirements of Chapter 230, Zoning, of the Code of the Village of Croton-on-Hudson, no business or person shall construct, establish or be issued a certificate of occupancy for any adult entertainment use business within the Village of Croton-on-Hudson unless such use meets the following standards:
A. 
No adult entertainment use shall be located in any zoning district except those districts zoned for light industrial use (LI).
B. 
No more than one adult entertainment use as defined above shall be located on any individual lot.
C. 
No adult entertainment use shall be established or permitted in any building of which any part is used for residential purposes, or vice versa, including nonconforming residential uses.
D. 
No adult entertainment use shall be closer than 500 feet from any lot line of any other lot on which there is another adult entertainment use.
E. 
No adult entertainment use shall be established on a lot, or a portion thereof, that is closer than 500 feet from any residential district or nonresidential district which permits a residential use.
F. 
No adult entertainment use shall be established closer than 500 feet from the lot line of any church or other regular place of worship, community center, funeral home, school, day-care center, hospital or public park adjacent to any residential district.
G. 
No adult entertainment use shall be established unless the provisions of all applicable laws, rules and regulations of the Village of Croton-on-Hudson have been met. Where there is a conflict between the regulations as provided in this section and any other law, rule or regulation of the Village of Croton-on-Hudson, the most restrictive law, rule or regulation shall apply.
A. 
Prior to the commencement of any adult entertainment use business or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, rules and regulations within the jurisdiction of the Fire Department, the Village Building Inspector and other code enforcement officials.
B. 
The Fire Department, the Village Building Inspector and other code enforcement officials shall complete their certification that the premises are in compliance within 20 days of the inspection of the premises by such officials. The certification shall be promptly presented to the Village Manager.
C. 
The Village Manager shall suspend the right to conduct such adult entertainment use for a period not to exceed 30 days if he determines that the owner and/or operator or an employee of the owner and/or operator has:
(1) 
Violated or is not in compliance with any section of this chapter.
(2) 
Engaged in excessive use of alcoholic beverages while on the adult entertainment use business premises.
(3) 
Refused to allow an inspection of the adult entertainment use business premises as authorized by this chapter.
(4) 
Knowingly permitted gambling by any person on the adult entertainment use business premises.
(5) 
Knowingly allowed possession, use or sale controlled substances on the premises.
(6) 
Knowingly allowed prostitution on the premises.
(7) 
Knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the permitted and/or licensed premises.
D. 
An applicant or permittee and/or licensee shall permit representatives of the Village Police Department, Fire Department, Building Inspector, Code Enforcement Officer or other village departments or agencies to inspect the premises of an adult entertainment use business for the purpose of insuring compliance with the law at any time it is occupied or open for business.
E. 
Prior to any suspension, the Village Manager or Code Enforcement Officer shall provide the owner and/or operator with a notice with the grounds for the suspension. The notice stating the grounds shall be provided to the owner and/or operator in writing. The owner and/or operator has the right to present its response to this notice to the Village Manager within 10 days of receipt of said notice. The response may be made in person orally or in writing. The Village Manager may not suspend the right to conduct such adult use until 15 days after the notice is given to the owner and/or operator or until after receiving the owner's and/or operator's response, whichever is sooner.
A. 
A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to this chapter shall be subject to prosecution and punishment under § 1-12 of the Code of the Village of Croton-on-Hudson or, in the alternative, violation of this chapter may be enforced by injunction.
B. 
The continuation of a violation of the provisions of this chapter shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.
C. 
If any part or provision of this chapter or the application thereof to any persons or circumstances shall be judged invalid, such judgment shall be confined to the part or application adjudged to be invalid. Such decision shall not affect the validity of the section as a whole or any part thereof, other than the part so decided to be invalid.
D. 
An adult entertainment use business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the operation of the adult entertainment use business, of a church or other regular place of worship, community center, funeral home, school, day-care center, hospital, public park, residential district or a residential lot within 500 feet of the adult entertainment use business.