It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Town of Somerset, this article is intended to restrict adult uses to nonresidential and nonbusiness areas of the Town. The Town Board hereby finds that the operational characteristics of adult uses increase the detrimental impact on a community when such uses are concentrated. Incidents of crime may increase, property values may diminish and retail trade may be harmed. This article is intended to protect and preserve the quality of neighborhoods, commercial districts and quality of life. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene materials. All possible options and alternative to enactment of this article have been considered. It has been determined that the type of regulation imposed by this article is the least intrusive method.

The Town Board recognizes that there are secondary impacts associated with adult entertainment establishments that are not appropriate within certain areas of the Town of Somerset. This conclusion was reached through the review of numerous comprehensive secondary impact studies that indicated an increase in crime, prostitution and violence and a decrease in residential property values when adult entertainment establishments are permitted within residential areas.

General. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.

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

No adult entertainment establishment shall be allowed within 1,000 feet of the nearest property line of a residential district, or zoned as a planned unit development (PUD) as defined by Chapter 205 of the Code of the Town of Somerset.

No adult entertainment establishment shall be allowed within 1,000 feet of the nearest property line of any school, library, church, synagogue or other place of religious worship, child day-center, park, playground or playing field.

No adult entertainment establishment shall be located within 750 feet of the nearest property line of another existing adult entertainment establishment.

No more than one adult entertainment use shall be located on any lot.

No adult entertainment establishment shall violate any federal, state, county or local law or regulation.

Admittance of a person under 18 years of age to the business premises unless accompanied by a parent or guardian;

A person under 18 years of age to remain at the business premises unless accompanied by a parent or guardian;

A person under 18 years of age to purchase goods or services at the business premises without the specific consent of a parent or guardian.

It shall be a violation of this article if a person operates or causes to be operated an adult use, regardless of whether or not a certificate of registration has been issued for such business under this article, and advertises the presentation of any activity prohibited by any applicable federal, state, or local statute, law, rule or regulation.

It shall be a violation of this article if a person operates or causes to be operated an adult use, regardless of whether or not a certificate of registration has been issued for such business under this article, and displays or otherwise exhibits the materials and/or performances at such adult use in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such adult use.

It is a violation of this article if the owner and/or person in control of any property registered as an adult use allows, causes or permits any portions of the interior premises to be visible from outside the premises.

All off-street parking areas and premises entries of the adult use will be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the business for personal safety of patrons and employees and to reduce the incidents of vandalism and criminal conduct.

It shall be a violation of this article if a person operates or causes to be operated an adult use, regardless of whether or not a certificate of registration has been issued for such business under this article, and allows such business to remain open for business or to permit any employee to engage in any solicited performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 12:00 midnight and 9:00 a.m. local time of any particular day.

It shall be a violation of this article if a person working as an employee of an adult use business, regardless of whether or not a certificate of registration has been issued for such business under this article, engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service or solicits a service between the hours of 12:00 midnight and 9:00 a.m. local time of any particular day.

The owner, manager or agent of a building or premises, any part of which contains an adult entertainment establishment, shall file a site plan with the Planning Board in accordance with § 205-65 and Article XVA showing the following information:

It is a violation of this article for the owner, manager or agent of any property to establish or operate thereon or to permit any person to establish or operate thereon an adult entertainment establishment without having obtained a special use permit from the Planning Board.