Maine Town City Zoning Code
ARTICLE XII
Adult Entertainment
§ 450-56 Purpose and intent.
The establishment of certain adult entertainment uses in the Town of Maine will tend to result in the blighting and deterioration of the Town of Maine. Accordingly, it is necessary that these uses be regulated in such a manner as to prevent the erosion of the character of the Town of Maine. It is necessary to regulate the establishment of such "adult entertainment uses" within close proximity to dwellings, mobile homes, residentially zoned areas, recreation districts, schools, churches, parks and playgrounds, so as to minimize the potential for proliferation of criminal activity and a blighting and degrading effect upon surrounding neighborhoods.
§ 450-57 Definitions.
As used in this chapter, the following terms or words shall be defined or interpreted as follows:
ADULT BOOKSTORE
An establishment having as a substantial portion of its stock-in-trade sexual devices, books, magazines, recordings, tapes, video storage devices, films for sale or viewing on the premises (by use of motion-picture devices or any other coin-operated means) or other publications or 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 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 dances and/or bottomless dances, strippers, male or female impersonators or similar entertainers, or employees appearing in a bottomless and/or topless manner of dress.
ADULT ENTERTAINMENT USE
A business or commercial establishment having as its predominant business or commercial purpose the operation of an adult bookstore, an adult motion-picture theater, an adult motion-picture arcade, an adult entertainment cabaret, a massage establishment, or any combination of the above.
ADULT MOTION-PICTURE ARCADE
Any place to which the public is permitted or invited wherein coin- 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 an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATER
A structure (whether enclosed or outdoors) used for showing, displaying or presenting to patrons therein or thereat material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
MASSAGE ESTABLISHMENT
An establishment having a fixed place of business where any person, firm, association, or corporation, engages in, carries on, or permits to be engaged in or carried on, any of the activities referred to in Subsection A below:
A.
The activities referred to herein are any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in the practice of massage.
B.
The term "massage establishment" shall not apply to licensed hospitals, licensed nursing homes, or clinics or persons holding an unrevoked certificate to practice any of the healing arts under the law of the State of New York, or persons working under the direct supervision and in the presence of any such persons or in any such establishments, nor shall said term apply to barbers or cosmetologists lawfully carrying out their particular profession of business and holding a valid unrevoked license or certificate of registration issued by the State of New York.
PERSON
Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
B.
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal;
B.
Ultimate sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy; and
C.
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
§ 450-58 Location restrictions.
A.
Prohibition. No person shall create, operate, establish, engage in, cause, or permit the establishment of any adult entertainment use or adult entertainment uses within 250 feet of any Rural-Residential (R-R) District, Residential (R-1) District, Residential (R-2) District, Planned Multiple-Family District (PMFD), Planned Mobile Home District (PMHD) or Planned Recreation District (PRD) in the Town of Maine, or within 250 feet of any existing dwelling or existing mobile home in the Town of Maine, or within 500 feet of any church, school, park, or playground in the Town of Maine, or within 500 feet of any existing adult entertainment use in the Town of Maine.
B.
The creation, operation, establishment, engaging in, causing the establishment or permitting the establishment of an adult entertainment use shall include the opening of such use as a new business, the relocation of such use, or the conversion of such an existing use location to any of the uses described in Article XII hereof.
C.
For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises for an adult entertainment use to the nearest property line of a Rural-Residential (R-R) District, a Residential (R-1) District, a Residential (R-2) District, a Planned Multiple-Family District (PMFD), a Planned Mobile Home District (PMHD), or a Planned Recreation District (PRD) in the Town of Maine, or an existing dwelling or existing mobile home, or a church, a school, a park, or a playground.
§ 450-59 Compliance with other regulations.
Nothing herein shall be deemed to relieve any adult entertainment use from compliance with any of the other applicable regulations prescribed in other sections of this chapter.