Buildings and establishments operated as adult uses are detrimental and harmful to the health, safety, morals and general welfare of a community. In order to promote the health, safety, morals and general welfare of the residents of the village, this article is intended to restrict adult uses to nonresidential, nonbusiness and noncommercial areas of the village, and otherwise regulate their operation. Moreover, in that the operational characteristics of adult uses increase the deleterious impact on a community when such uses are concentrated, this article is intended to promote the health, safety, morals, general welfare, and good order of the residents of the village by regulating the concentration of such uses.

(Ord. of 12-15-59, Art. X-A, § 1; L.L. No. 5-1979, § 1(1), 12-5-79)

As used in this article, the following terms shall have the meanings indicated:

Adult bookstore: An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, films for sale or viewing on premises, by use of motion picture devices or any other coin-operated means and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

Adult entertainment cabaret: A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators or similar entertainers.

Adult massage parlor: A public or private establishment, store or business which is used for the provision of the service of stroking, kneading, tapping or vibrating the human body with the hands or other devices, with or without the aid of oils or other lubricants, except those licensed to perform said activity under the Education Law.

Adult mini-motion picture theatre: An enclosed building with a capacity of less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult motion picture theatre: An enclosed building with a capacity of fifty (50) or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult movie/video store: A public or private establishment, store or business which has for sale and/or rent video cassettes, DVD video discs, film, movie reels or other similar items which are used to display a movie, film, picture, or other programming on a television, computer, or other form of media, the content of which depicts, describes or relates to specified sexual activities or specified anatomical areas, regardless of whether said sale or rental is exclusive of said establishment, store or business.

Adult-theme business: A public or private establishment, store, or business in which more than fifty (50) percent of the advertisements, products or merchandise for sale, rent and/or display depict, describe or relate to specified sexual activities or specified anatomical areas.

Person: Any person, firm, corporation, partnership, association or legal representative acting individually or jointly.

Specified anatomical areas: Specified anatomical areas are:

(1)

Less than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola;

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities: Specified sexual activities are:

(1)

Human genitals in a state of sexual stimulation, or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy;

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(Ord. of 12-15-59, Art. X-A, § 2; L.L. No. 5-1979, § 1(2), 12-5-19; L.L. No. 2-2000, § 1, 5-15-00)

Adult uses, including, but not limited to, adult bookstores, adult motion picture theatre, adult mini-motion picture theatre, adult entertainment cabaret, adult movie/video store, adult massage parlor, and/or adult-theme business shall be permitted subject to the following restrictions:

(a)

No such adult uses shall be allowed within five hundred (500) feet of another existing adult use.

(b)

No such adult use shall be located within five hundred (500) feet of the boundaries of any zoning district which is zoned exclusively for residential use (those zones designated residential 1, 2, or 3).

(c)

No such adult use shall be located within five hundred (500) feet of a pre-existing school, public park or place of worship.

(d)

No such adult use shall be located in any zoning district except the industrial use district.

(Ord. of 12-15-59, Art. X-A, § 3; L.L. No. 5-1979, § 1(3), 12-5-79; L.L. No. 2-2000, §§ 2, 3, 5-15-00)

(a)

Any adult use establishment, store or business, known to be in operation by the general public as of December 5, 1979, may be continued, but only to the extent, and upon the premises, and in the building or structure, where such nonconforming use existed as of December 5, 1979.

(b)

Any permitted nonconforming adult use under this section shall be prohibited from making any additions or extensions from the existing dimensions of the business as recorded in the office of the village clerk as of December 5, 1979.

(c)

Any permitted nonconforming building or structure which has been completely destroyed or partially destroyed may continue to maintain its nonconforming use provided that at least fifty (50) percent of its sound value, by means other than intent or design, may be rebuilt or repaired within one year thereafter.

(d)

No structural or product changes shall be made to any permitted nonconforming use, except such changes or uses which are permitted within the district wherein the same is located.

(e)

Any permitted nonconforming use shall cease if discontinued for a period of one year.

(f)

Any adult use establishment, store or business, which qualifies as a permitted nonconforming use shall be required to comply with sections 25-149, 25-150 and 25-151 of this article.

(g)

By amortization, the right to maintain a nonconforming adult use which was in existence after December 5, 1979, and before the effective date of this article shall terminate in accordance with the following schedule:

NOTE: The term "capital investment" as used above, is defined to mean the initial outlay by the owner or operator of the nonconforming use as of the date of the enactment of this article exclusive of the fair market value of the of the nonconforming use.

(L.L. No. 2-2000, § 4, 5-15-00)

If any provision of any section of this article or the application thereof to any person or circumstance shall be adjudicated invalid by a court of competent jurisdiction, such order or judgment shall be confined in its operation to the controversy in which it was rendered, and shall not effect or invalidate the remainder of any provision of any section of this article or the application of any part thereof to any other person or circumstance and to this end the provisions of each section of this article are hereby declared to be severable.

(L.L. No. 2-2000, § 4, 5-15-00)

No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.

(Ord. of 12-15-59, Art. X-A, § VI; L.L. No. 5-1979, § 1(6), 12-5-59)

(a)

The owner of a building or premises, his agent for the purpose of managing or controlling or collecting rents or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register the following information with the village clerk:

(1)

The address of the premises.

(2)

The name and address of the owner of the premises and the names and addresses of the beneficial owners if the property is in a land trust.

(3)

The name of the business or the establishment subject to the provisions of this article.

(4)

The names and addresses of the owner, beneficial owner of the major stockholders of the business or the establishment subject to the provisions of this article.

(5)

The date of initiation of the adult use.

(6)

The nature of the adult use.

(7)

If the premises or building is leased, a copy of said lease.

(b)

It is a violation of this article for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate thereon an adult use without having properly registered said adult use with the village clerk.

(Ord. of 12-15-59, Art. X-A, § IV; L.L. No. 5-1979, § 1(4), 12-5-79)

The owner, manager or agent of a registered adult use shall display in a conspicuous place on the premises of the adult use a copy of the registration filed with the village clerk.

(Ord. of 12-15-59, Art. X-A, § V; L.L. No. 5-1979, § 1(5), 12-5-79)

(a)

No use as described in this article shall be established until the issuance of a special use permit by the board of trustees of the village. Application for such a special use permit shall be in writing to the board of trustees and shall consist of a description of the premises for which the permit is sought, a plain and concise statement of the use which is proposed and such additional information as shall be required by the board of trustees. The board of trustees shall call a public hearing for the purpose of considering the request for a special use permit. At least ten (10) days' notice of the time and place of public hearing shall be given by the publication of a notice in a newspaper of general circulation in the village indicating the general nature of the public hearing and the fact that those persons interested therein may be heard at the time and place of such hearing.

(b)

A special use permit issued under the provisions of this section shall not be transferable.

(Ord. of 12-15-59, Art. X-A, § VII; L.L. No. 5-1979, § 1(7), 12-5-79)