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;
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.