Malta City Zoning Code
ARTICLE XIII
Adult Uses
§ 167-50 Title.
This article shall be known as the "Adult Use Business Regulation Law of the Town of Malta."
§ 167-51 Findings.
Based upon a comprehensive study of the adverse secondary impacts of adult use establishments as documented in accordance with the ruling of the United States Supreme Court in the matter of the City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), and commissioned by the Town Board of the Town of Malta, the Town of Malta finds that:
A.
There are adverse secondary impacts associated with the establishment and operation of adult-oriented businesses within a community.
B.
Among these adverse secondary impacts are a deterioration in the local quality of life; an adverse effect upon local property values; an adverse effect upon local economic viability; an imposition, whether intentional or unintentional, of exposure to adult-oriented expression undesired by neighbors, pedestrians and passersby; an increase in traffic, noise, litter and nuisance, criminal and illicit sexual behavior; a threat to the health and safety of children and young adults; and an undermining of the established sense of community.
C.
These adverse secondary impacts of the establishment and operation of adult-oriented businesses are a threat to the general health, safety and economic viability of the community.
D.
The unregulated establishment and operation of adult-oriented businesses would lead to the widespread imposition of adverse secondary impacts upon the residents, businesses, economic viability, property values, and quality of life of the Town and would, therefore, be detrimental to the general health, safety and economic viability of the community.
E.
The United States Constitution, and the Constitution and laws of the State of New York grant to the Town of Malta the powers, especially police powers, to enact reasonable legislation and measures to regulate the location and operation of adult-oriented businesses, hereinafter defined, in order to protect the general health, safety and economic viability of the community.
§ 167-52 Statement of intent.
A.
It is the express intent of the Town of Malta in adopting this article to:
(1)
Ameliorate, mitigate, reduce or prevent the widespread and unregulated imposition of the adverse secondary impacts of adult-oriented businesses upon the residents, businesses, economic viability, property values, quality of life and general health, safety and welfare of the community.
(2)
Protect the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses.
B.
It is not the intent of the Town of Malta in adopting this article to:
(1)
Deny any person the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses; or
(2)
Impose upon any person any additional limitations or restrictions upon the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the Town under the United States Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression. These constitutionally protected rights are understood to include the right to sell, distribute and exhibit the legal goods and services offered by adult-oriented businesses; or
(3)
Impose upon any person any additional limitations or restrictions upon the right to obtain, view or partake of any communications guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the Town under the United States Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression; or
(4)
Estimate, decide, determine, resolve, consider, conclude, judge or qualify in any manner or fashion the quality or value of the content, nature, message, form, format, appearance, substance or presentation of the free expression guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses.
C.
Aware that, according to numerous decisions by both federal courts and courts of the State of New York, the regulation of the location of adult businesses must be based upon a finding of the adverse secondary impact of these businesses upon the community and must be directed solely toward the mitigation of these impacts, not be directed toward any form of speech or expression, be no broader than necessary and must provide alternative locations within the Town for adult use businesses, the Town of Malta hereby adopts the following amendment to its Town Zoning Law.
§ 167-53 Definitions.
As used in this article, the following terms shall have the meanings indicated:
As any business which is:
The use of land, structures or location for an adult entertainment business or as an adult physical contact establishment as herein defined; and
Any use of land, structure or location which, by the provisions of the Penal Law, is required to restrict the access thereto by minors; and
An establishment, location, building or structure which features topless dancers, nude dancers or strippers, male or female; and
A location, building or structure used for presenting, lending or selling motion-picture films, video cassettes, cable television or any other such visual media, or used for presenting, lending or selling books, magazines, publications, photographs or any other such materials distinguished or characterized by an emphasis of matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
Includes adult bookstores, adult video stores, adult motion-picture theaters, adult mini-motion-picture theaters, adult cabarets and adult drive-in theaters which shall be defined as follows:
ADULT BOOK STOREAn establishment having a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade video films, video cassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
ADULT MOTION-PICTURE THEATERA building with a capacity of 50 persons or more used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
ADULT MINI-MOTION-PICTURE THEATERAn enclosed building with a capacity of fewer than 50 persons used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
ADULT CABARETAn establishment which features live go-go dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.
ADULT DRIVE-IN THEATERA drive-in theater used for the material distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
ADULT PHYSICAL CONTACT ESTABLISHMENTAny establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as a physical therapist or physical therapist assistant and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this section.
§ 167-54 Adult use business regulations.
A.
No adult use business may be established within 1,000 feet of the property line of any residential use property, church or other house of worship, playground, park, school, day-care center, senior center, cemetery or structure, including fire stations and meeting halls, used as a community center.
B.
An adult use business may not be established within 2,500 feet of any establishment selling alcoholic beverages, and should a new or existing establishment seek an alcoholic beverage license, it is not to be located within 2,500 feet of an established adult use business.
C.
Any private booths or areas within such adult use businesses, either for the viewing of motion pictures or live performances, shall be subject to the following requirements:
(1)
Any and all such booths, cubicles, studios, studies and rooms for the private viewing of adult motion pictures and/or live performances or areas shall be open to public view from the common area of the establishment, that there not be any doors, curtains, blinds or other structures or devices that shall impede observation of the entire area of such private viewing areas from the common area of the establishment.
(2)
That such private viewing areas be well lighted and readily accessible at all times and shall continuously be open to view.
(3)
Lighting throughout an adult establishment shall be sufficient to illuminate every place to which patrons are permitted access.
D.
All adult use business shall be conducted in an enclosed building. It shall be a violation to display or exhibit in the open air (outside of the establishment), through a window or by means of a depiction or decoration, or to allow to be displayed or exhibited, any specified anatomical areas or specified sexual activities.
§ 167-55 Penalties for offenses.
A violation of this article shall be a Class A misdemeanor. In addition, any person violating this article shall be liable to a civil penalty of $500 to be recovered by the Town in a civil action or special proceeding. Each day such violation continues shall constitute a separate violation of this chapter. The Town may also maintain an action or special proceeding for an injunction or other equitable relief to compel compliance with, or to restrain the violation of, this article. The use of any remedy shall not prevent the use of any other remedy hereunder. The listing of remedies herein shall not deprive the Town of the use of any other remedies provided by other provisions of law.