Esopus City Zoning Code
ARTICLE XIII
Adult Use and Entertainment Establishments
§ 123-62 Legislative intent.
It is the purpose of this article to regulate the creation, opening, commencement and/or operation of adult use and entertainment establishments, as herein defined, in order to achieve the following:
A.
Preserve the character and the quality of life in the Town of Esopus's neighborhoods and business areas.
B.
Control such documented harmful and adverse secondary effects of adult uses on the surrounding areas as decreased property values; attraction of transients; parking and traffic problems; increased loss of business for surrounding non-adult business; and deterioration of neighborhoods.
C.
Restrict minors' access to adult uses.
D.
Maintain the general welfare and safety for the Town of Esopus's residents.
§ 123-63 Restrictions on location and operation.
A.
"Adult uses" are defined as any use which provides products or services or any combination thereof, which appeal exclusively to the adult market for entertainment purposes, including but not limited to nude dancing, strip clubs and other similar uses. These restrictions shall not apply to any existing uses or to the sale of adult products that are ancillary to any other permitted use.
B.
The following restrictions shall apply to the siting of an adult use establishment in the Town of Esopus:
(1)
No adult use establishment shall be allowed within a 1,000-foot radius of another existing adult use establishment whether within the Town of Esopus or any neighboring community. The 1,000-foot radius shall be measured in a straight line from the nearest point of the wall of the portion of the building in which an adult use business is conducted to the nearest point on the property of the area in question.
(2)
No adult use establishment shall be located within a 1,000-foot radius of a residential district or a preexisting school, library, civic or youth-oriented center, a designated historic preservation site or district, park, playgrounds, place of worship, as well as any areas designated as scenic under New York State Law. The 1,000-foot radius shall be measured in a straight line from the nearest point of the wall of the portion of the building in which an adult use business is conducted to the nearest point on the property of the area in question.
(3)
Sign regulations.
(a)
Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or other areas, public or semipublic, and such displays shall be considered signs.
(b)
Not more than one business wall sign shall be permitted for an adult use, and such sign shall be permitted only on the front facade.
(c)
Sign messages shall be generic in nature, shall not contain material classified as advertising, and shall only identify the business which is being conducted.
(4)
Curfew. It shall be unlawful for any person maintaining or operating any adult use establishment to operate said establishment between the hours of 4:00 a.m. and 8:00 a.m., Monday through Saturday, and between the hours 4:00 a.m. and 12:00 midnight on Sunday.
§ 123-64 Conflict with other laws.
All local laws and regulations inconsistent or in conflict with this article are hereby amended to the extent of such conflict or inconsistency.
§ 123-65 Definitions.
As used in this article, the following terms shall have the meanings indicated:
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, 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 depicting or describing 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, videocassettes 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 primarily intended, labeled, designed, advertised or promoted 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. For purposes of this definition, "principal business purposes" shall mean 25% or more of any of the following:
The number of different titles or kinds of such merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale and/or display of such merchandise; or
The amount of advertising which is devoted to such merchandise, either in print or broadcast media.
A nightclub, bar, restaurant 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 specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, 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; 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 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.
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, 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 performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
A public or private establishment, or any part thereof, which presents any of the following entertainments, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult arcade; adult bookstore or adult video stores; adult cabarets, adult motels, adult motion-picture theaters; adult theaters; escort agencies; nude model studios and sexual encounter centers. Adult use and entertainment establishments customarily exclude minors by reason of age.
A person who, for a fee, tip or other consideration, agrees or offers to act as a date for another person; for consideration, agrees or offers to privately model lingerie for another person; for consideration, agrees or offers to privately perform a striptease for another person; or, for consideration but without a license granted by the State of New York, agrees or offers to provide a massage for another person.
A person or business association which furnishes, or offers to furnish, or advertises to furnish, escorts as one of its primary business purposes for a fee, tip or other consideration.
Any place where a person who appears in a state of nudity or displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration, other than as a part of a course of instruction offered by an educational institution established pursuant to the laws of the State of New York.
The appearance of specified anatomical areas.
An individual, proprietorship, partnership, corporation, association or other legal entity.
A state of dress in which clothing covers no more than the specified anatomical areas, 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, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
Includes any of the following:
§ 123-66 Waiver.
Should the enforcement of this article result in undue hardship or practical difficulties, the Town Board, in its sole discretion, may waive or vary any provision of this article consistent with the purposes and objective of this article and this chapter and public health, welfare and safety of the community.
§ 123-67 Penalties for offenses.
A.
Any person, firm, corporation or entity found to be violating any provisions of this article shall be served with a written notice by the Commissioner of Public Works or his designee, stating the nature of the violation and providing for immediate correction thereof. Such notice shall be served by one of the following methods:
(1)
By personal service;
(2)
By certified mail, return receipt requested, addressed to his or their last-known address as shown on the latest completed assessment roll of the Town of Esopus; or
(3)
By posting of such notice in a conspicuous place upon the premises affected, and a copy thereof mailed, addressed to his or their last-known address as shown on the latest completed assessment roll of the Town of Esopus.
B.
Any person, firm, corporation or entity who 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.
C.
The owner and/or any occupant and/or any tenant and/or general agent of a building, premises or part thereof, where such a violation has been committed or does exist, shall be guilty of such an offense.
D.
Any person, firm, corporation or entity violating any of the provisions of this article shall become liable to the Town for any expense or loss or damage occasioned the Town by reason of such violation.
E.
The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceedings to prevent a violation of this article, or to restrain or enjoin the use or occupancy of a building, premises, or part thereof in violation of this article.