Local
Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET,
ALBANY, NY 12231
(Use this form to file a local law with
the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter.
Town of Saratoga
Local Law No. 7 of the year 2006
A local
law regulating adult use businesses in the Town of Saratoga
Be it enacted by the Town Board of the
(Name of Legislative Body)
Town of Saratoga as
follows:
This local law shall be known as the
Adult Use Business Regulations Law of the Town of Saratoga.
SECTION 2: Findings
Based upon a comprehensive study of
the adverse secondary impacts of adult use establishments as prepared by the
Town of Lindley, New York, which study is hereby adopted by the Town of
Saratoga, and as documented in accordance with the ruling of the U. S. Supreme
Court in the matter of the City of Renton v. Playtime Theaters, Inc.
(475 US 41 (1986), The Town of Saratoga finds that:
1)
There
are adverse secondary impacts associated with the establishment and operation
of adult-oriented businesses within a community;
2)
Among
these adverse secondary impacts are 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 health and safety of children and young
adults and an undermining of the established sense of community;
3) 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;
4) The unregulated
establishment and operation of adult-oriented businesses would lead to the
wide-spread imposition of adverse secondary impacts upon the residents,
businesses, economic viability, property values, and quality of life of the
Town would therefore be detrimental to the general health, safety and economic
viability of the community;
5) The U.S.
Constitution, and the Constitution and laws of the State of New York grant to
the Town of Saratoga 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.
1) It is the express intent of the Town of Saratoga in
adopting this ordinance to:
a) Ameliorate, mitigate, reduce or prevent the wide-spread
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;
b) To protect the right of free expression, guaranteed by
the U.S. 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.
2) It is not the intent of the Town of Saratoga in adopting
this ordinance to:
a) Deny any person the right of free expression, guaranteed
by the U.S. 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
b) To impose upon any person any additional limitations or
restrictions upon the right of free expression, guaranteed by the U.S.
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 U.S. 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
c) To impose upon any person any additional limitations or
restrictions upon the right to obtain, view or partake of any communications
guaranteed by the U.S. 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 U.S.
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
d) 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 U. S. 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.
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 Saratoga hereby adopts the following amendment to its Town Zoning Law.
SECTION 4: Definitions:
For the purposes of this town law, an adult use business
shall be defined as any business which:
i) is the use of land, structures or location for an adult
entertainment business or as an "adult physical contact establishment” as
herein defined; and .
ii) is any use of land, structure or location which, by the
provisions of the New York Penal Law or other New York law, is required to restrict the access thereto
by minors; and
iii) which is an establishment, location, building or structure
which features topless dancers, nude dancers or strippers, male or female; and
iv) which is 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 written
materials distinguished or characterized by an emphasis of matter depicting,
describing or relating to 'specific sexual activities' or 'specific anatomical
areas' as defined below.
v) Adult Use Businesses
Adult use businesses, including adult book stores, adult
video stores, adult motion picture theaters, adult mini- motion picture
theaters, adult cabarets, and adult drive-in theaters shall be defined as
follows:
1) An adult book store is defined as an 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.
2) An adult video store is defined as an 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.
3) An adult motion picture theater is defined as a building with a capacity
of fifty (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;
4) An adult mini-motion picture theater is defined as an
enclosed building with a capacity of less that fifty (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 area' s as defined below for the observation of patrons therein;
5) An adult cabaret is defined as an 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;
6) An adult drive-in theater is 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 below for the observation
of patrons therein;
7) An adult physical contact establishment is defined as 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, 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;
1)
human
genitals in a state of sexual stimulation or arousal; or
2)
acts
of human masturbation, sexual intercourse or sodomy; or
3)
fondling
or other erotic touching of human genitals, pubic
regions, buttocks or
female breast.
Specified anatomical areas
1) less than completely and opaquely covered human genitals: pubic region, buttock and female breast below a point immediately above the top of the areola; or
2) human male genitals in a discernable turgid state, even if completely or opaquely covered;
SECTION 5: Adult Use
Businesses – Rural Zoning District.
Adult use businesses may be located only in the Rural Zoning
District upon issuance of a special permit.
The area requirements for an adult use business shall be as follows:
USES REQUIRING SPECIAL PERMIT
|
MIN. LOT AREA (SF) |
MIN. LOT WIDTH (FT) |
MIN. FRONTAGE (FT) |
FRONT (FT) |
TOTAL 2 SIDES (FT) |
ONE SIDE YARD (FT) |
REAR YARD (FT) |
MAX. LOT COVERAGE OF BLDGS. (%) |
|
|
5 acres |
300 |
300 |
75 |
150 |
50 |
75 |
10 |
A. No adult use business shall be established within one thousand (1,000) feet of any of the following:
1. public or private school
2. church or other house of worship
3. licensed day care center, nursery school or preschool
4. public library
5. public park, playground or forest preserve
6. public recreation or community center
7. senior center
8. a fire station or ambulance/emergency response facility
9. cemetery
B. No adult use business shall be established within one
thousand (1,000)
feet of any residential dwelling, or within one thousand (1,000) feet of any
other 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:
i.) 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
areas of the establishment and that there not be any doors, curtains, blinds or
other structures or devices that shall obstruct observation of the viewing
areas from the common area of the establishment;
ii.) that such private viewing areas be well lighted and readily accessible at all times and shall continuously be open to view;
iii.) Lighting throughout the adult establishment shall be
sufficient to illuminate every area 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 exhibited 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.
E. The exterior
appearance of any building containing an adult use business shall be consistent
with the character of surrounding structures and shall not detract from the
appearance of the neighborhood.
F.
Adult
use businesses shall conform with all existing applicable sign regulations in
addition to the following specific requirements:
1) Signs which are illuminated in neon or which contain
flashing lights shall be prohibited.
2) Exterior signs, displays or other advertisements which
contain nude, semi-nude or provocative pictures or silhouettes shall be
prohibited.
3) Interior signs, displays, posters or other advertisements
which
contain nude, semi-nude or
provocative pictures shall be located a
minimum of six
(6) feet from any window or door, and shall not be visible from the exterior of
the establishment.
4) Permanent and/or temporary window and door signs shall
not occupy more than twenty (20%) of each window or door.
G.
Adult
use businesses shall be required to meet all zoning and construction standards
and requirements of the laws of the Town of Saratoga including, but not limited
to, lot and bulk regulations, parking requirements, signage, facade and
screening regulations.
An application for an adult use business shall be considered an application for a special use permit and the procedures shall be the same as set forth in Article VIII of the Town of Saratoga Zoning Ordinance. The application fee shall be One Thousand Dollars ($1,000.). All requirements of this local law shall apply to such applications. Special use permits for adult use businesses shall be effective for a period of one year only and must be annually renewed upon application to the Town of Saratoga Planning Board.
The violation of this local law shall be a Class A
Misdemeanor. In addition, any person violating this local law shall be liable
to a civil penalty of One Thousand Dollars ($1,000.00) 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 local law. The Town may also
maintain an action or special proceeding for an injunction or other equitable
relief to compel compliance with, or to refrain the violation of this local
law. The use of any remedy shall not prevent the use of any other remedy
hereafter.
Should any section or provision of this article be declared
to be unconstitutional or invalid by the courts, such decision shall not effect
the validity of the balance of this article.
SECTION 10: Effective
date.
This local law shall take effect upon the filing thereof in
the office of the Secretary of State of the State of New York but shall take
effect immediately upon a person personally served a copy after its adoption.