Bristol Town City Zoning Code
ARTICLE XXI
Adult Use and Entertainment Establishments
§ 350-80 Title.
This article is titled "Adult Use and Entertainment Establishment, Amendment to the 1997 Zoning Ordinance of the Town of Bristol."
§ 350-81 Purpose.
It is the purpose of this amendment to this chapter to regulate the creation, opening, commencement or operation of adult use and entertainment establishments, as herein defined, in order to achieve the following primary purposes:
To preserve the character and quality of life in the Town of Bristol neighborhoods and business areas.
To control such documented harmful and adverse effects of adult use and entertainment establishments on the surrounding areas such as decrease in property values, attraction of transients, parking and traffic problems, increased crime, loss of business for surrounding nonadult uses, and deterioration of neighborhoods.
To restrict minors access to adult use and entertainment establishments.
To maintain the general health, welfare and safety of the Town of Bristol residents.
§ 350-82 When effective.
This article shall become effective immediately.
§ 350-83 Allowed zoning district.
Each adult use and entertainment establishment shall have direct access to a public street or highway.
§ 350-84 Adult uses permitted.
Zoning laws, word usage and consistency:
Not withstanding anything contained in this chapter, adult use and entertainment establishments, as herein defined, shall only be allowed in the L-I District and upon issuance of a special use permit as specifically set forth in this chapter and only to the extent that it is consistent with local law and the New York State Penal Law relating to exposure, obscenity or lewdness.
Each adult use and entertainment establishment shall be permitted only within the limits established by the Zoning Board of Appeals for such use as a condition of any special use permit that it may issue. Upon the termination of such special use permit, for any reason, said permit shall become null and void and cannot be transferable.
§ 350-85 Location within allowed zoning district.
An adult use and entertainment establishment shall be allowed only in the L-I District and, within such a district, the following shall not be allowed:
Within 100 feet of the property line of a parcel used for residential purposes in the Town.
Within 500 feet of a property line of a parcel containing a church, school, day-care facility, park or playground within the Town.
On the same parcel as another adult use and entertainment establishment.
Within 1,000 feet or property line of another adult use and entertainment establishment, whether or not such other establishment is located in the Town.
§ 350-86 Application process.
The Zoning Board of Appeals may approve a special use permit for adult use and entertainment establishments only to be located in the Light Industrial (L-I) District as provided that the following standards and provisions are maintained:
These special regulations are itemized in this section to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.
In addition to any other requirements imposed by the Town of Bristol or State of New York, the following specified regulations shall apply to any adult use and entertainment establishment:
All buildings, openings, entries, windows, doors, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior of the building from any public right-of-way or adjacent property.
The applicant shall specify the exact nature of the adult entertainment uses, the hours of operation, and any other additional uses that will be carried on in conjunction with the proposed adult entertainment.
The applicant shall provide the status of all other required local and state approvals and licenses required for operation of such businesses.
§ 350-87 Displays prohibited.
All adult uses and entertainment establishments shall be conducted in an enclosed building. It shall be a violation to display or exhibit (in the open air, through a window or by means of a sign, depiction or decoration) or to allow displaying or exhibiting any specified anatomical area or specified sexual activity.
§ 350-88 Severability.
It is hereby declared to be the intent of the Bristol Town Board that:
If a court of competent jurisdiction finds any provisions of this article invalid, in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid and all other provisions of this article shall continue to be separately and fully effective.
If a court of competent jurisdiction finds the application of any provision of this article to any building, other structure or tract of land to be invalid, in whole or in part, the effect of such decisions shall be limited to the person, property, or situation involved in the controversy and the application of any such provision to any other person, property or situation shall not be affected.
§ 350-89 Penalties for adult use regulations.
Any person, firm, corporation or entity found to be violating any provision of this article shall be served with a written notice by the Town of Bristol Code Enforcement Officer stating the nature of the violation and providing the immediate correction thereof. Such notice shall be served by one of the following methods:
By personal service;
By certified mail, return receipt requested, addressed to his/her/their last-known address as shown on the latest completed assessment roll of the Town of Bristol; or
By posting of such notice in a conspicuous place upon the premises affected and a copy thereof mailed to his/her/their last-known address as shown on the latest completed assessment roll of the Town of Bristol.
Any person, firm, corporation or entity that shall violate any portion of this article shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not to exceed $500 for each violation. The continuation of a violation of the provisions of this article shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.
Any person, firm, corporation or entity violating the provisions of this article shall become liable to the Town for any expense or loss or damage occasioned the Town by reason by such violation.
In the alternative, the Town may maintain an action or proceeding in a court of competent jurisdiction to restrain by injunction any violation of this article.
The penalties and remedies set forth herein are in addition to all other penalties and remedies provided for by law.