[HISTORY: Adopted by the Town Board of the Town of Riga: Art. I, 6-10-1996
as L.L. No. 3-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 95.
[Adopted 6-10-1996 as L.L. No. 3-1996]
A.
The regulation of adult use establishments, as hereinafter
defined, is found to be necessary in light of the operational characteristics
of such uses, which, without the enactment and enforcement of appropriate
regulations, would have documented adverse, detrimental and harmful impacts
and effects within the Town of Riga and particularly on residential neighborhoods
and community business areas. Such impacts and effects include but are not
limited to decreased property values, creation of traffic and/or parking problems
due to the attraction of transients, potential increases in criminal activities,
loss of business by nonadult use commercial establishments in the vicinity
and deterioration within residential neighborhoods.
B.
It is the purpose and intent of this Article to establish
appropriate and reasonable regulations and restrictions regarding the location
and operation of adult use establishments, as hereinafter defined, so as to
promote the health, safety, morals and general welfare of the residents of
the Town of Riga and to establish reasonable and uniform regulations to prevent
the deleterious impacts and effects identified above which may result from
the location and operation of such establishments.
C.
It is neither the purpose nor intent of this Article
to impose a limitation or restriction on the content of any communicative
materials, including sexually explicit or sexually oriented materials, nor
is it the purpose or intent of this Article to restrict or to deny access
by adults to sexually explicit or sexually oriented materials, activities,
performances or depictions protected by the First Amendment to the United
States Constitution or to deny access by distributors and/or exhibitors of
sexually explicit or sexually oriented materials or entertainment to their
intended market. However, it is also not the purpose or intent of this Article
to condone or legitimize the display or distribution of obscene materials.
As used in this Article, the following terms shall have the meanings
indicated:
Refers to establishments which customarily exclude persons which,
by reason of age, are defined as minors under New York State law.
Any place to which the public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically or mechanically controlled
still- or motion-picture machines or projectors or other image-producing devices
are maintained to show images to five or fewer persons per machine at any
one time and where the images so displayed are distinguished or characterized
by the depicting or describing of specified sexual activities or specified
anatomical areas.
A commercial establishment which, as one of its principal business purposes,
offers for sale or rental for any form of consideration any one or more 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 for use in
connection with specified sexual activities.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specified sexual activities or specified anatomical areas and
still be categorized as an "adult bookstore" or adult video store so long
as one of its principal business purposes is the offering for sale or rental,
for consideration, the specified materials which depict or describe specified
sexual activities or specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishments
which regularly features any of the following:
Persons who appear in a state of nudity or where there is topless waitressing,
bussing or table or bar service or establishments which offer service where
the servers wear pasties or G-strings, or both;
Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
Films, motion pictures, video cassettes, slides or other photographic
reproductions, which are characterized by the depiction or description of
specified sexual activities or specified anatomical areas.
A 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 reproductions
which are characterized by the depiction or description of specified sexual
activities or specified anatomical areas and has a sign visible from the public
right-of-way 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; or
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium or similar commercial establishment
which regularly features persons who appear in a state of nudity or live performance
which are characterized by the exposure of specified anatomical areas or by
specified sexual activities.
An adult arcade, adult bookstore video store, adult cabaret, adult
motel, adult motion-picture theater, adult theater, escort agency, massage
establishment, nude model studio or sexual encounter center, as defined herein.
A 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 perform a striptease for another person.
A person or commercial enterprise which furnishes, offers to furnish
or advertises to furnish escorts as one of its primary business purposes,
for a fee, tip or other consideration.
Includes any of the following:
Any establishment having a fixed place of business where massages
are administered for pay, including but not limited to massage parlors, sauna
baths and steam baths. This definition shall not be construed to include a
hospital, nursing home or medical clinic or the office of a physician, surgeon,
chiropractor, osteopath or duly licensed physical therapist or barbershops
or beauty salons in which massages are administered only to the scalp, face,
neck or shoulders. This definition also shall exclude health clubs which have
facilities for physical exercise, such as tennis courts, racquetball courts
or exercise rooms, and which do not receive their primary source of revenue
through the administration of massages.
Any place where a person who appears in a state of nudity or displays
specified anatomical areas is provided to be observed, sketched, drawn, painted,
sculptured, photographed or similarly depicted by other persons who pay money
or any form of consideration.
The state of dress of the human body in which the buttocks or anus,
genitals, pubic region or full female breast are less than completely and
opaquely covered.
The person in whose name a special use permit to establish, maintain or operate an adult use establishment has been issued, in accordance with the provisions of Chapter 95, Zoning, of the Code of the Town of Riga, as well as any person listed as an applicant on the application for such a special use permit.
An individual, proprietorship, partnership, corporation, association
or other legal entity.
A state of dress in which clothing covers no more than the genitals,
pubic region and areolae of the female breast, as well as portions of the
body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary business
purposes, offers, for any form of consideration:
The male genitals or pubic region in a state of nudity or the human
male genitals in a discernibly turgid state or state of sexual arousal, even
if completely and opaquely covered, and/or the vulva, pubic region or more
intimate parts of the female genitals or the full female breast in a state
of nudity.
Any of the following:
The increase in floor area of an adult use establishment by more
than 25%, as the floor area exists on the date of enactment of this Article.
Any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange or similar means; or
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.
It shall be unlawful for any person to establish or maintain any adult use establishment in the Town of Riga except in compliance with the provisions of Chapter 95, Zoning, of the Code of the Town of Riga, relating to location and proximity to other uses, and only after obtaining a special use permit as provided in said Chapter 95, Zoning.
No person who is an owner, manager and/or operator of an adult use establishment
and no employee, agent or officer of any such owner and/or operator shall:
A.
Engage in excessive use of alcoholic beverages while
on the premises of an adult use establishment;
B.
Knowingly permit gambling by any person on the premises
of an adult use establishment;
C.
Knowingly permit the possession, use or sale of controlled
substances on the premises of an adult use establishment;
D.
Knowingly permit prostitution or solicitation of prostitution
on the premises of an adult use establishment;
E.
Knowingly permit any act of sexual intercourse, sodomy,
oral copulation, masturbation or other sexual conduct to occur in or on the
premises of an adult use establishment; or
F.
Permit any adult use establishment to be conducted in
such manner that, regardless of location or distance, anyone who is passing
by or who is at any point outside of the enclosed building occupied by such
a use shall be able to observe or perceive any performance, conduct, image,
printed matter, visual representation, instrument, device or paraphernalia
displaying, depicting or otherwise presenting any specified anatomical area
or specified sexual activity regulated hereunder, including but not limited
to any sign or advertisement or any window or other opening permitting the
view of the interior of the premises from the exterior of the premises. All
adult use establishments shall be conducted in an enclosed building.
G.
Knowingly permit any violation of the Alcoholic Beverages
Control Act or the Penal Law of the State of New York to occur on the premises
of an adult use establishment.
H.
Refuse to allow an inspection of an adult use establishment,
as authorized by this Article.
I.
Knowingly permit any minor, as defined by state law,
to enter or remain in any adult use establishment at any time.
A.
Prior to the commencement of any adult use establishment
business or upon any transfer of ownership or control of such a business,
the premises on which such establishment is located must be inspected and
found to be in compliance with all laws, rules and regulations of or enforced
by the Health Department, Fire Department, Building and Zoning Enforcement
Officer, Fire Marshal and other code enforcement officials of the town and
county.
B.
The Health Department, Fire Department, Building and
Zoning Enforcement Officer, Fire Marshall and other code enforcement officials
shall complete their certification that the premises is in compliance or not
in compliance within 20 days of the inspection of the premises by such officials.
The certification shall be promptly presented to the Town Building and Zoning
Enforcement Officer and shall be a precondition to the issuance of any certificate
of occupancy, certificate of compliance or any other certificate evidencing
conformance with governmental laws, regulations, codes, rules or requirements.
C.
An applicant or permittee and/or licensee shall permit
representatives of the Police Department, Health Department, Fire Department,
Zoning and Building Department or other town or county departments or agencies
to inspect the premises of an adult use business, for the purpose of ensuring
compliance with applicable laws, rules and regulations, at any time it is
occupied or open for business.
A.
Any person committing an offense against any provision
of this Article shall, upon conviction, be guilty of a violation, pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. Continuation of an offense shall constitute, for each
day the offense is continued, a separate and distinct violation.
B.
In addition to the penalties provided in Subsection A above, any violation under this Article shall be punishable by suspension of the right to conduct or operate such adult use for a period not to exceed 30 days for each separate and distinct violation.
C.
In addition to the penalties provided above,
the Town Board may also maintain an action or proceeding in the name of the
town in a court of competent jurisdiction to compel compliance with or to
restrain by injunction any violation of this Article.
