[HISTORY: Adopted by the Board of Trustees
of the Village of Victor 12-6-1993 by L.L. No. 5-1993. Amendments noted where
applicable.]
It is recognized that there are certain business
activities which, by their nature, have serious objectionable operational
characteristics. It is also recognized that adult entertainment businesses
exhibit these characteristics which can lead to a significant adverse
impact on the surrounding community. The unrestrained proliferation
of such business is inconsistent with existing development and future
plans for the Village of Victor in that they often bring outside influences
into 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. As 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. Therefore,
it is recognized that special regulation is necessary in order to
prevent the proliferation of such businesses and to ensure that those
effects will not adversely affect the health, safety and economic
well-being of the community.
For the purposes of this chapter, the following
phrases and words shall have the meaning assigned below, except in
those instances when the context clearly indicates a different meaning:
Generally, any person, establishment or business involved
in the viewing or dissemination of material distinguished or characterized
by an emphasis on matter depicting, describing or related to sexual
activity or specified anatomical areas, including but not limited
to any establishment that allows or promotes dancers, performers or
employees, whether male or female, to display specified anatomical
areas.
Human male or female genitals, pubic area or buttocks with
less than a fully opaque covering.
Any person, firm, association, partnership, corporation or
other entity for profit.
Any individual, firm, partnership, corporation, club, association
or legal representative acting individually or jointly.
Any act of masturbation, sadomasochism, sexual intercourse
or physical contact with a person's clothed or unclothed genitals,
pubic area or buttocks.
In a sole proprietorship, an individual who
owns, operates, controls or conducts, directly or indirectly, any
premises, building or location upon which any adult use takes place.
In a partnership, limited or general, an individual
who shares in the ownership or control of any of the assets of the
partnership business.
In a corporation, an individual who is an officer,
director or holder, either directly, indirectly or beneficially, of
more than 20% of any class of stock.
No person, firm, association, partnership, corporation
or other entity shall operate or cause to be operated an adult entertainment
use unless a valid license has been issued for such use.
A.Â
Where made. Application for a license to operate an
adult entertainment use shall be made to the Village Clerk in a form
specified by the Village Board. If the application is complete, the
Village Clerk may issue the license to the applicant. A copy of the
application and, if issued, the license shall be forwarded to the
Village Board.
B.Â
Application for license. An application for a license
to operate an adult entertainment use shall be made to the Village
Clerk, in a form prescribed by the Village Clerk, which application
shall be submitted under oath and shall supply the following information:
(1)Â
The name, address and phone number of the person,
business or establishment applying for an adult entertainment use.
(2)Â
The exact nature of the adult entertainment use and
the hours of its operation.
(3)Â
A description of the location of the use and a description
of all adjacent properties and uses.
(4)Â
A copy of the site plan approval, if required, as
granted by the Village of Victor Planning Board; and a copy of the
special use permit granted by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)Â
A statement of the nature and character of the applicant's
other business or businesses, if any, to be carried on in conjunction
with the adult entertainment use.
(6)Â
The name or names of the person or persons who will
manage or supervise the applicant's business.
(7)Â
The names, business and home addresses, business and
home phone numbers of all those persons or businesses having a substantial
connection with the business or establishment to be licensed.
(8)Â
If applicable, a disclosure of the criminal record,
if any, of any person who will manage or supervise the applicant's
business or of any person having a substantial connection with the
business or establishment to be licensed. Disclosure of convictions
of crimes punishable pursuant to Articles 230 through 245 of
the New York State Penal Law shall only be disclosed if the same have
occurred within a two-year period preceding the date of the application.
(9)Â
The status of all other required local and state approvals.
C.Â
The application shall not be deemed complete until all of the information required pursuant to § 44-4B is received by the Village Clerk. Once the application is complete, the same will be deemed accepted by the Village Clerk.
E.Â
Issuance. Upon the receipt of a properly filled out
application and application fee, the Village Clerk shall review the
application and, if granted, shall issue the license to the applicant
within 30 days from the date of the acceptance of the application.
F.Â
Denials. The Village Clerk may deny the application,
in which case, the Clerk shall specify to the applicant the reason
or reasons therefor. Such decision must relate to the protection of
the public safety, health, morals or general welfare of the residents
of the village. The Village Clerk may also deny any application by
any person who shall have been convicted of any crime or of any previous
violation of this chapter.
G.Â
Appeals. Any person aggrieved by the action of the
Village Clerk in the denial of a permit shall have the right of appeal
to the Village Board. Such appeal shall be taken by filing with the
Board a written statement setting forth fully the grounds of such
appeal. Such appeal must be filed within 14 days of the date that
the notice of the action complained of has been mailed to such aggrieved
person's last known address. The Village Board shall set a time and
place for a hearing on such appeal within 60 days of the receipt of
the appeal; notice of such hearing shall be given to the applicant
by certified mail at the applicant's last known address at least 10
days prior to the date set for the hearing.
The Village Board, upon appeal, shall deny a
license or revoke an issued license on any of the following grounds:
A.Â
That the use is prohibited by any local or state law,
statute, ordinance, rule or regulation or prohibited in the particular
location where the use is proposed.
B.Â
That the applicant has falsified or failed to provide
information required in the application for the issuance or amendment
of an adult entertainment use license under this chapter.
C.Â
That an inspection of the premises reveals that any
applicable laws, ordinances, codes, rules and regulations pertaining
to structural, fire and safety requirements have not been complied
with.
D.Â
That any person managing or supervising the applicant's
or licensee's business or that any person having a substantial connection
with the business or establishment has been convicted of a felony
or a crime punishable pursuant to Articles 230 through 245 of the
New York State Penal Code within a period of two years prior to the
date of application.
E.Â
That any person managing or supervising a licensed
adult entertainment use or any person having a substantial connection
with such a licensed use has been charged and found guilty of a felony.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.Â
That the applicant or any person, business or establishment having a substantial connection with the business or establishment for which an application is made has had any license issued under this chapter revoked for cause during the preceding one-year period. If this license is revoked, the Village Clerk shall notify the licensee in writing by certified mail of the revocation. The licensee shall thereafter be entitled to a hearing with respect to the revocation of the license, provided that the licensee complies with the procedures set forth in § 44-4G.
Any license issued to operate an adult entertainment
use shall expire on the 31st day of December succeeding its date of
issue, unless revoked.
A licensee under this chapter shall cause the
license for adult entertainment use to be conspicuously displayed,
in full view of patrons, at the location stated in such license.
A valid adult entertainment use license may be renewed for a period of one year at a time by following the license application procedures in § 44-4 above. Such renewal application must be submitted at least 30 days prior to the expiration of the current license and the same shall be granted unless the applicant is found to be in violation of any of the subsections or instances set forth in § 44-5 hereof.
No license issued under the provisions of this
chapter shall be transferred or assigned to any person or used by
any person other than the licensee to whom it was issued, nor shall
such license be used or displayed at any location other than the location
stated in such license.
All adult entertainment uses licensed under
the provisions of this chapter must comply with the applicable laws,
regulations and standards imposed by New York State, local land use
control laws and any conditions imposed by any local governing body,
board or agency.
A.Â
Any licensee found guilty of violating any provisions
of this chapter shall be guilty of a violation and shall be subject
to a fine not to exceed $250 and to imprisonment not to exceed 15
days.
B.Â
The continuation of an offense under this chapter,
after notice of such, shall constitute, for each day the offense continues,
a separate and distinct violation hereunder.
