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.

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.

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.

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.

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.

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:

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.

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.

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: