Richmond Town City Zoning Code
ARTICLE XII
Adult Uses
[Added 3-10-2009 by L.L. No. 2-2009]
§ 200-79 Title.
§ 200-80 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 City of Renton v. Playtime Theaters, Inc. [475 U.S. 41 (1986)] and commissioned by the Town Board of the Town of Richmond, the Town of Richmond finds that:
There are adverse secondary impacts associated with the establishment and operation of adult-oriented businesses within a community.
Among these secondary impacts are a deterioration in the local quality of life, property values, 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 the community.
These adverse secondary impacts resulting from the establishment and operation of adult-oriented business are a threat to the general health, safety and economic viability of the community.
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.
§ 200-81 Intent.
It is the express intent of the Town of Richmond in adopting this article to:
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.
To 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.
It is not the intent of the Town of Richmond in adopting this article to:
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.
To 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.
To 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.
To 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.
§ 200-82 Authorization.
Numerous decisions by both Federal and State of New York courts regarding the regulation of adult use 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 to be directed toward any form of speech or expression and be no broader than necessary; and must provide alternative locations within the Town for adult use businesses. Therefore, the Town of Richmond hereby adopts the following amendments to the Code of the Town of Richmond.
§ 200-83 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any person 18 years of age or older. (A minor is any person under the age of 18.)
An establishment having a 25% or more portion of its stock-in-trade books, magazines, videos, computer software, other periodicals, films or viewing on the 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 male or female genitalia, anatomical areas or an establishment with a segment or section devoted to the sale or display of such instruments, devices or paraphernalia, and which establishment customarily excludes any minor by virtue of age.
A public or private establishment, or any part thereof, which presents any of the following entertainments or services operated on one or more occasions for observations by patrons therein: topless female dancers; strippers; male or female impersonators; exotic dancers; lingerie modeling; topless waitressing, busing or service; or service or entertainment where the servers or entertainers wear pasties or G-strings, or both. Adult entertainment cabarets customarily exclude minors by reason of age.
A drive-in theater utilized for the presentation of materials distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas, as defined herein, for the observation of patrons herein.
A building with a capacity of 50 persons or more used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to the specific sexual activities or specific anatomical areas, as defined herein, for the observation of patrons therein.
Any 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 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 considered adult physical contact establishments under this section.
Any business which:
Uses the land, structure, establishment or location for an adult entertainment business or as an adult physical contact establishment as herein defined; or
Uses the land, structure, establishment or location and, by the provisions of the Penal Law, restricts access thereto by minors; or
Uses the land, structure, establishment or location to feature topless dancers, nude dancers or strippers, male or female, nude modeling or body painting; or
Uses the land, structure, establishment or location for presenting, lending or selling motion-picture films, videocassettes, cable television, Internet broadcasting, of any such visual media.
§ 200-84 Restrictions.
Adult uses, including but not limited to adult bookstores, adult entertainment cabarets, adult theaters, massage establishments and peep shows, shall be permitted, subject to the following restrictions:
No such adult use shall be allowed within 500 feet of another existing adult use.
No such adult use shall be allowed within 300 feet of a public highway.
No such adult use shall be located within 500 feet of the boundaries of any zoning district which is zoned for residential uses (those zones are designated as Residential A, B, C and D) or any existing residence in any zone.
No such adult use shall be located within 500 feet of recreational facilities, a preexisting school, place of worship, cemetery, park or playground or other area where large numbers of minors travel or congregate.
Adult uses may be located only in the F District.
The building shall be shielded from view of adjacent properties by berming, natural landscaping, fencing or other appropriate measures.
There shall be no outdoor sign, display or advertising of any kind other than one identification sign limited to only the name of the establishment and no larger than six square feet. All business activity will be conducted indoors only. Building shall not have windows and not to exceed 1,200 square feet.
There shall be no overnight parking, and the parking lot must be lit at all times.