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.                          3                        of the year 2006

 

A local law   to enact a temporary moratorium on 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:  

 

SECTION 1 – Legislative Findings. 

 

            The Town of Saratoga is currently undertaking a study of the effects and suitability of establishing a land use regulatory scheme for adult use businesses in the Town of Saratoga.  A local law concerning this issue has been proposed and a public hearing held thereon.  The Town Board is of the opinion that an additional period of time is needed in order to adequately review, study and plan for such a land use regulation.  

 

SECTION 2 - Moratorium.

 

            There is enacted a temporary moratorium on the establishment of adult use businesses, as defined below, in the Town of Saratoga.  This moratorium shall continue for a period of six months from the effective date of this local law.

 

SECTION 3 - Definition.

 

            “Adult use businesses, including adult book stores, adult video stores…” is defined as follows:

 

Adult use businesses, including adult bookstores, 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 bookstore 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;

 

Specified sexual activities

 

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 4 – Effective Date.

 

            This local law shall take effect immediately.

 

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