LL 02 Moratorium Adult uses and Entertainment r
L o cal Law Filing NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, 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.
y
Ct*WX of .............W NSBURY
Town
r Local Law No. ...........Z...................................... of the year 19 ..97. .
A local law-..OF THE TOWN OF QUEENSBURY ESTABLISHING A TEMPORARY MORATORIUM UM ON
..........................................................................
(Insert Title) ADULT USES AND ADULT ENTERTAINMENT USES
Be it enacted by the ........QUEENSBURY TOWN BOARD
..........................................................................................................of the
(Name of Legislative Body)
Ciy
Town of ................QuRI`?S�URX................................... ..................as follows:
....................................................
SECTION 1 . Purpose.
The Town Board hereby finds that the conduct of adult uses
within one-thousand feet ( 1,0001 ) of institutions of religious
worship, schools, zoning districts which allow residential uses or
any existing adult uses, results in decreased property values,
increased loss of business for nori-adult businesses and
deterioration of residential neighborhoods . This Local Law will
protect the general welfare, health, safety and well-being of the.
persons and property of the Town and the integrity of the Town
Master Plan and Zoning Ordinance by temporarily prohibiting the
conduct of adult uses within one-thousand feet ( 1,0001 ) of
institutions of religious worship, schools, zoning districts which
allow residential uses or any existing adult uses, pending. the
Town'.s review and possible revision of the Master Plan and Zoning
Ordinance regarding such adult uses . This Local Law is adopted
pursuant to §10 of the Municipal Home Rule Law and Article 16 of .
the Town Law.
SECTION 2 . Definitions .
As used in this law, the following terms shall have the
meanings indicated:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS•239 (Rev. 7190)
ADULT ENTERTAINMENT USES: A public or private establishment,
or any part thereof, which presents any of the following
entertainments, exhibitions or services : topless and/or
bottomless dancers; strippers; topless waitressing, busing or
service; topless hair care or massages; service or
entertainment where the servers or entertainers wear pasties
or G-strings or both; adult arcade; adult bookstore or adult
video stores; adult arcade; adult cabarets; adult motels;
adult motion picture theaters; adult theaters; escort
agencies; nude model studios and sexual encounter centers .
Adult Use and Entertainment Establishments customarily exclude
persons seventeen years of age and younger.
"ADULT" ARCADE: Any place to which the public is permitted or
invited wherein coin-operated or slug-operated or
electronically, electrically or mechanically controlled still
or motion picture machines, projectors or other image
producing devices are maintained to show images to five or
fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by
depicting or describing "specified adult activities" or
"specified anatomical areas . "
"ADULT" BOOKSTORE or "ADULT" VIDEO STORE: A commercial
establishment which offers for sale or rental for any form of
consideration any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or
photographs, films, motion pictures, video cassettes or
video reproductions, slides or other visual
representations which depict or describe "specified adult
activities . "
B. Instruments, devices or paraphernalia which are primarily
intended, labeled, designed, advertised or promoted for
(2 )
use in connection with "specified adult activities . "
ADULT CABARET: A nightclub, bar, restaurant or similar
commercial establishment which regularly features :
A. Persons who appear in a state of nudity; or
B. Live performances which are characterized by the exposure
of "specified anatomical areas" or by "specified adult
activities; " or
C. Films, motion pictures, video cassettes, slides or other
photographic reproductions which are characterized by the
depiction or description of "specified adult activities"
or "specified anatomical areas . "
ii
"ADULT" MOTEL: A hotel, motel or similar commercial i
establishment which offers accommodations to the public for
any form of consideration; provides patrons with closed-
circuit television transmissions, films, motion pictures,
video cassettes, slides or other photographic reproductions j
which are characterized by the depiction or description of
"specified adult activities" or "specified anatomical areas, "
and has a sign visible from the public right-of-way which
advertises the availability of this adult type of photographic
reproductions.
"ADULT" MOTION PICTURE THEATER: A commercial establishment
where, for any form of consideration, films, motion pictures,
video cassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction
or description of "specified adult activities" or "specified
anatomical areas . "
"ADULT" THEATER: A theater, concert hall, auditorium or
(3)
similar commercial establishment which regularly features
persons who appear in a state of nudity or live performances
which are characterized by the exposure of "specified
anatomical areas" or by "specified adult activities . "
ESCORT: A person who, for a fee, tip or other consideration,
agrees or offers to act as a date for another person; for
consideration, agrees or offers to privately model lingerie
for another person; for consideration, agrees or offers to
privately perform a striptease for another person; or, for
consideration but without a license granted by the State of
New York, agrees or offers to provide a massage for another
person.
ESCORT AGENCY: A person or business association who
furnishes, or offers to furnish, or advertises to furnish,
escorts as one of its primary business purposes for a fee, tip
or other consideration.
NUDE MODEL STUDIO: Any place where a person who appears in a
state of nudity or displays "specified anatomical areas" is
regularly provided to be observed, sketched, drawn, painted,
sculptured, photographed or similarly depicted by other
persons who pay money or any form of consideration, other than
as a part of a course of instruction offered by an educational
institution established pursuant to the laws of the State of
New York.
NUDITY or a STATE OF NUDITY: The appearance of "specified
anatomical areas . "
PERSON: An individual, proprietorship, partnership,
corporation, association or other legal entity.
SEMI-NUDE: A state of dress in which clothing covers no more
(4)
than the "specified anatomical areas, " as well as portions of
the body covered by supporting straps or devices .
SEXUAL ENCOUNTER CENTER: A business or commercial enterprise
that, as one of its primary business purposes, offers, for any
form of consideration, activities between male and female
persons and/or persons of the same sex when one or more of the
persons is in a state of nudity or semi-nude.
SPECIFIED ANATOMICAL AREAS: This means and includes any of
the following:
A. Unless completely and opaquely covered, human genitals,
pubic region, buttocks or breasts below a point
immediately above the top of the areola; and
B. Even if completely and opaquely covered, male genitals in
a discernibly turgid state.
SPECIFIED ADULT ACTIVITIES: This means and includes any of
the following:
A. Actual sex acts, normal or perverted, including
intercourse, oral copulation or sodomy;
B. Masturbation;
C. Excretory functions; or
D. Actual acts of dismemberment, mutilation or torture of
humans or animals .
SECTION 3 . Moratorium.
After the effective date of this Local Law, no Town official,
(5)
Department or Board may accept, review or approve any applications
for the conduct or expansion of adult uses and adult entertainment
uses within one-thousand feet ( 1,0001 ) of institutions of religious
worship, schools, zoning districts which allow residential uses or
any existing adult uses in the Town of Queensbury, nor shall any
such uses be undertaken by any person in such areas during the
effective period of this Law unless such use is a pre-existing
lawfully established use as of this date.
SECTION 4 . Severability.
If any part of this Local Law shall be declared invalid by a
Court of competent jurisdiction, such declaration shall not affect
or impair in any way any other provision and all other provisions
shall remain in full force and effect.
SECTION 5 . Effective Period.
This Local Law shall take effect immediately upon filing in
the Office of the New York Secretary of State as provided in §27 of
the Municipal Home Rule Law and shall expire one-hundred eighty
( 180) days after its effective date.
(6 )
-• •-YN..Ga to the nuug of tuts local taw anti
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 2 of 19 97
of the (CaV**V)(CitV)(Town)( > ) of QUEENSBURY was duly passed by the
TOWN BOARD on APRIL 7, 19_, in accordance with the applicable provisions of law,
time of Legiviative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 and was (approved)(not disapproved)(repassed after
time of egie ativsBody)
disapproval) by the and was deemed duly adopted on 19_,
«hve ie Executive fGcer
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was
(Elective Chief Executive officer')
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (gene ral)(special)(annual) election held on
19 in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
1 hereby certify that the local law annexed hereto, designated as local law No. of 19_
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was subject to
(Elective Chief xecutive Officer'
permissive referendum and no valid petition requesting such referendum was filed as of 19
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, If there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
(7)
S. (City local law concerning Charter revision proposed by petition.)
• I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19........
of the City of ................................. having been submitted to referendum pursuant to the
provisions of 137 of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such city voting thereon at the special
ene al election held on ............
............19.........became operative.
6. (County local law concerning adoption of Charter.)
1 hereby certify that the local law annexed hereto,designated as local law No. ........ of 19.........
of the County of ......................State of New York,having been submitted to the Electors at the
General Election of November .............19.......pursuant to subdivisions S and 7 of section 33 of the
Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certifica-
tion.)
1 further certify that l have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph.... .......above.
r , 1
Clerk of the County legislative body,City.Town or Village Jerk or
officer designated by local legislative body
Date: y-CA .91
(Seal)
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF....... 0:vY.........
1, the undersigned, hereby certify that the for#* aaw n ins the correct text and that all
proper proceedings have been had or taken for the enacoc a annexed hereto.
... ....... ............................
Signature
MARK .SCHACHNER. r TOI .COUNSEL_. . ..,.....
...... ...... ..... ...... . ...... .
Title
1p
Date: April 8, 1997 XWX of ..Que�ensbury..................
own
X*NX
(8)
RESOLUTION TO ENACT LOCAL LAW NO. 2, 1997
A LOCAL LAW OF THE TOWN OF QUEENSBURY ESTABLISHING A
i TEMPORARY MORATORIUM ON ADULT USES AND ADULT ENTERTAINMENT USES
y
RESOLUTION NO. 137 . 97
} INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
i
SECONDED BY: Mrs . Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury feels that
adult uses and adult entertainment uses in proximity to religious
institutions, schools, residential uses and other adult uses may
constitute a detriment to the health, safety and welfare of the
people of the Town of Queensbury, and
WHEREAS, the Town Board of the Town of Queensbury is therefore
considering regulation of such adult and adult entertainment uses
1
in the Town through Local Law, and
WHEREAS, the Town Board of the Town of Queensbury is desirous
of enacting Local Law No. 2 of 1997 entitled "A Local Law of the
Town of Queensbury Establishing a Temporary Moratorium on Adult
Uses and Adult Entertainment Uses, " which Law shall authorize a
temporary moratorium on the conduct of new adult uses and adult
entertainment uses within one-thousand feet ( 1, 000 ' ) of
institutions of religious worship, schools, zoning districts which
1
allow residential uses or any existing adult uses in the Town of
Queensbury while the Town contemplates regulation of such uses
through further Local Laws, and
WHEREAS, a copy of the proposed Local Law has been presented
at this meeting, a copy of said Local Law also having been
previously given to the Town Board at the time the Resolution was
adopted which set the date and time for the public hearing, and
WHEREAS, a public hearing with regard to this Local Law was
duly conducted on April 7, 1997 ,
NOW, THEREFORE, BE IT
RESOLVED, that the Towi, Board of the Town of Queensbury hereby
enacts the proposed Local Law Establishing a Temporary Moratorium
on Adult Uses and Adult Entertainment Uses" to be known as Local
Law No. 2 of 1997, the same to be titled and contain such
provisions as are set forth in a copy of the proposed Law presented
at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury is
hereby directed to file the said Local Law with the New York State
Secretary of State in accordance with the provisions of the
2
Municipal Home Rule Law and that said Local Law will take effect
immediately and as soon as allowable under law.
Duly adopted this 7th day of April, 1997, by the following
vote:
AYES Mr. Turner, Mrs . Goedert, Mrs . Pulver, Mrs . Monahan, Mr.
Champagne
NOES None
ABSENT: None
3
�q
+T
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE
April 15, 1997
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 2 , 1997, filed 04/11/97
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
q01*1A CC-
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
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