As used in this section, the following terms shall have the meanings indicated:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
ADULT DRIVE-IN-THEATERA drive-in theater that customarily presents motion pictures that are not open to the public generally but excludes any minor by reason of age.
ADULT ENTERTAINMENT CABARETA public or private establishment which presents topless dancers, bottomless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
ADULT MOTELA motel which is not open to the public generally but excludes minors by reason of age, or which make available to its patrons in their rooms films, slide shows or videotapes, which if presented in a public movie theater would not be open to the public generally but would exclude any minor by reason of age.
ADULT NOVELTY STOREAn establishment having as a substantial or significant portion of its stock-in-trade adult novelties or materials as such are defined in § 235.00, Subdivision 2, of the
Penal Law of the State of New York, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
ADULT THEATERA theater that customarily presents motion pictures, films, videotapes or slide shows that is not open to the public generally but excludes any minor by reason of age.
BODY PIERCING SALONAn establishment which performs piercing activities upon body parts and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
HEAD SHOPAn establishment having as a substantial or significant portion of its stock-in-trade drug paraphernalia or accouterments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
HOOKAH BARAny facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking of tobacco or other substances through one or more hookah pipes (also commonly referred to as a "hookah," "waterpipe," "shisha" or ''narghile"), including, but not limited to, establishments known variously as "hookah bars," ·hookah lounges" or "hookah cafes."
MARIJUANA RETAIL STOREA building, structure or premises engaged in the sale, use or distribution of marijuana and/or marijuana products for nonmedical use. A building, structure or premises shall be considered a marijuana retail store, regardless of whether products in addition to marijuana products are offered for sale, use or distribution at the building, structure or premises and regardless of the amount of marijuana or marijuana products available for sale, use or distribution at the building, structure or premises in comparison to other products offered for sale, use or distribution at the building, structure or premises.
MEDICAL MARIJUANA DISPENSARYA building, structure or premises authorized by the New York State Department of Health to dispense or distribute medical marijuana in accordance with Article
33 of the Public Health Law and Part
1004 of Title 10 of the New York Codes, Rules and Regulations.
MARIJUANAThe term "marijuana" shall have the same definition ascribed to "marihuana" in §
3302 of the New York Public Health Law.
MARIJUANA PRODUCTMarijuana and/or any material, substance or other thing derived (in any manner) from marijuana or which contains marijuana as a component part in any amount or concentration.
MEDICAL MARIJUANAThe term "medical marijuana" shall have the same definition ascribed to medical marihuana in §
3360 of the New York Public Health Law.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including, but not limited to, massage parlors, sauna baths and steam baths. This definition shall not include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
PEEP SHOWSA theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes minors by reason of age.
TATTOO PARLORAn establishment which performs tattoo activities and which is not open to the public generally but excludes minors by reason of age.
VAPE SHOPAny facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking or selling of electronic cigarettes, vapors, e-liquids, otherwise legal marijuana derivatives, or other substances that are smoked through an electronic cigarette or any similar product.