§ 52-1. Purpose and intent.
It is the purpose of this chapter to regulate adult uses and business, as defined herein, to promote the health, safety and general welfare of the citizens of the Village of Honeoye Falls and to establish reasonable and uniform regulations to monitor the deleterious location and concentration of adult uses and businesses within the Village of Honeoye Falls. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative material, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter 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 chapter to condone or legitimize the distribution of obscene materials.
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§ 52-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE -- A business enterprise which has, as a substantial portion of its stock-in-trade, printed, visual or audio material of any kind or other novelties which are characterized by their emphasis on specified anatomical areas or specified sexual activities, including any such establishment having a substantial area devoted to the sale and display of such material. For purposes of this definition, "substantial portion" or "substantial area" shall mean twenty-five percent (25%) or more of any of the following:
- The number of different titles or kinds of such merchandise;
- The number of copies or pieces of such merchandise;
- The amount of floor space devoted to the sale and display of such merchandise; or
- The amount of advertising which is devoted to such merchandise either in print or otherwise promoted via the broadcast media.
ADULT CABARET -- A business enterprise which serves food or beverages for consumption on the premises, with or without carry-out service, which features entertainers or waiters and/or waitresses who display any specified anatomical area or who depict, describe or simulate specified sexual activities.
ADULT ENTERTAINMENT ESTABLISHMENT -- Any business enterprise which is other than an adult bookstore or adult cabaret which has presentations characterized by emphasis on the description or depiction of specified anatomical areas or specified sexual activities during live shows, motion-picture films, videotapes or sound recordings presented to an audience of one (1) or more individuals. Also included in this definition is any business enterprise, other than a bona fide medical or health service establishment, requiring a client or customer to display any specified anatomical area.
ESCORT -- A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY -- A person or business association who or which furnishes, offers to furnish or advertises to furnish escorts as one (1) of its business purposes for a fee, tip or other consideration.
NUDITY or A STATE OF NUDITY -- The appearance of a human bare buttocks, anus, male genitals, female genitals or full female breasts.
PERMITTEE AND/OR LICENSEE -- A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
PERSON -- An individual, proprietorship, partnership, corporation, association or other legal entity.
RESTAURANT -- A business which serves food or beverages and which principally provides for the consumption of said food or beverages on the premises, with or without carry-out service. For purposes of this section, "restaurants" shall include party houses, bars, taverns, lounges, nightclubs and other similar establishments, but shall not include adult cabarets.
SEMI-NUDE -- A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER -- A business or commercial enterprise that, as one (1) of its primary business purposes, for any form of consideration:
- Physical contact in the form of wrestling or tumbling between persons of the opposite sex.
- Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nudity.
SEXUALLY ORIENTED BUSINESS: -- An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, escort agency or sexual encounter center.
SPECIFIED ANATOMICAL AREAS:
- Unless completely and opaquely covered, human genitals, pubic region, buttocks or female breasts below a point immediately above the top of the areola; and
- Even if completely and opaquely covered, male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES -- Any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether clothed or unclothed, alone or between members of the same or opposite sex or between humans and animals, in an act of apparent sexual stimulation or gratification.
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§ 52-3. Uses permitted; restrictions.
The following uses, adult bookstores or adult video stores, adult cabarets, adult entertainment establishments, escort agencies, sexual encounter centers, sexually oriented business and specified sexual activities, as hereinbefore defined, shall be designated adult uses. Adult uses shall be permitted in any Industrial District only, provided that:
- An adult use or business may not be operated within one thousand (1,000) feet of:
- A church, synagogue or regular place of worship.
- A public or private elementary or secondary school.
- A boundary of any residential district or General Commercial, Traditional Village or Shopping Center Districts.
- A public use park or playground district.
- A cemetery.
- A day-care center.
- An adult use may not be operated within one thousand (1,000) feet of another adult use or on the same lot or parcel of land.
- An adult use may not be operated in the same building, structure or portion thereof containing another adult use.
- For the purposes of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where an adult use is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school or to the nearest boundary of an affected public park, playground, residential district or residential lot, cemetery, day-care center or General Commercial, Traditional Village or Shopping Center Districts.
- For purposes of Subsection D of this section, the distance between any two (2) adult uses shall be measured in a straight line, without regard to intervening structures or objects from the closest exterior wall of the structure in which each business is located.
- All adult uses shall be conducted in an enclosed building. Regardless of location or distance, no one who is passing by an enclosed building having a use governed by these provisions shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.
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§ 52-4. Location.
A person may operate an adult use business only within an Industrial District of the Village of Honeoye Falls in accordance with the provisions of this chapter.
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§ 52-5. Inspection of premises required; certification.
- Prior to the commencement of any adult use business or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, rules and regulations of the Monroe County Health Department and the village's Building and Fire Code.EN
- The Monroe County Health Department, the Village Code Enforcement Officer, Fire Marshal and Fire Department shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of the inspection of the premises by such officials. The certification shall be promptly presented to the Village Code Enforcement Officer.
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§ 52-6. Suspension of business.
- The Village Code Enforcement Officer shall suspend the right to conduct such adult use for a period not to exceed thirty (30) days if he determines that the owner and/or operator or an employee of the owner and/or operator has:
- Violated or is not in compliance with any section of this chapter.
- Engaged in excessive use of alcoholic beverages while on the adult use business premises.
- Refused to allow an inspection of the adult use business premises as authorized by this chapter.
- Knowingly permitted gambling by any person on the adult business premises.
- Knowingly allowed possession, use or sale of controlled substances on the premises.
- Knowingly allowed prostitution on the premises.
- Knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the permitted and/or licensed premises.
- An applicant or permittee and/or licensee shall permit representatives of the Monroe County Health Department or the village to inspect the premises of an adult use business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.
- Prior to any suspension, the Village Code Enforcement officer shall provide the owner and/or operator a notice with the grounds for the suspension. The notice stating the grounds shall be provided to the owner and/or operator in writing. The owner and/or operator has the right to present a response to this notice to the Village Code Enforcement Officer within ten (10) days of receipt of said notice. The response may be made in person, orally or in writing. The Village Code Enforcement Officer may not suspend the right to conduct such adult use until fifteen (15) days after the notice is given to the owner and/or operator or until after receiving the owner's and/or operator's response, whichever is sooner.
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§ 52-7. Penalties for offenses.
- A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to these regulations shall be subject to prosecution under this chapter of Code of the Village of Honeoye Falls, or, in the alternative, violation of this chapter may be enforced by injunction.
- The continuation of a violation of the provisions of this chapter shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.
- Each violation of the provisions of this chapter shall subject the owner and/or operator to a fine in the amount of two hundred fifty dollars ($250.) for each such violation, in addition to any other penalties otherwise imposed hereunder.
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