LL 09 Temporary Moratorium on Adult Entertainment Uses NEW TORK STATE DEPARTMENT Of S
Local Law Filing 162 WASHINGTON AVENUE, ALSANT, MT 1
(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.
qaHwy
cift of ..............OUEENSBURY
Town .............................................................................................
VAft e
Local Law No. .............. ......................... of the year 19 ....97
A local lam .ESTABLISHING A TEMPORk�Y MORATORIUM ON ADULT USES AND ADULT ENTERTAINMENT
........................ . ................................................................................................................
USES (Insert Title)
Be it enacted by the ............. ...........
TOWN BOARD of the
............B.......... ............................................................................
(Name of Legi ,etive Body)
of .............QUEEN$BI7RI'
Town ,,, .............as follows:
e
The Code of the Town of Queensbury is hereby amended by
amending Local Law No. 2 of 1997 ueensbury onlch was April 7uly 1997opas follows;ted by the Town
of
Board of the Town Q
SECTION .1 . Purpose.
The Town Board hereby finds that the conduct
fadult ususes
within
one-thousand feet ( 1,000 ) of institutions of r
schools, zoning districts which allow residential uses valueor s,
n decreased property
existing adult uses, results i
increased loss of business for non-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 bithe Town
Master Plan and Zoning Ordinance by temporarily prohibiting the
of
conduct of adult uses within one-thousand feet ( 1,000' )
institutions of religious worship, schools, zoning districtswhich
residential uses or any existing adult uses, pending
the
allow
allow review and possible revision of the Master Plan and 'Zoning
adopted
Ordinance regarding such adult uses.
Home Rule Law and Article -16of
pursuant to §10 of the Municipal
the Town Law.
SECTION 2 . Definitions .
As used in this law, the following terms shall have the
meanings indicated:
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
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
OCS•239 (Rev. 7/90)
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
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 . "
"ADULT" MOTEL: A hotel, motel or similar commercial
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
(2)
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
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
than the "specified anatomical areas, " as well as portions of
the body covered by supporting straps or devices .
( 3)
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,
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, 000 ' ) 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
(4 )
the Municipal Home Rule Law and shall expire on January 31, 1998 .
(5)
- ...,.,.Mnuou In une paragraph that applies to the filing of this local law and
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. of 1997
of the (Col )(MM)(Town)( 1) of QUEENSBURY was duly passed by the
TOWN BOARD on 10-20- 19 97, in accordance with the applicable provisions of law.
(Name of Loci lativeBody)
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 19r, and was (approved)(not disapproved)(repassed after
ame of eQieiative ody
disapproval) by the and was deemed duly adopted on 19_,
(Elective Chief ExecutiveOfficer')
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 (general)(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
referadum.)
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 subject to
(Elective Chief Executive 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.
(6)
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 l9........
of the City of ................................. having been submitted to referendum pursuant to the
provisions of$36 of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such cif voting thereon at the general election held on .............
1 q Y B general
............19.........became operative.
6. (County local law concerning adoption of Charter.)
1 hereby certify that the local law annexed hereto,designated as local law No. ........ of 19.........
of the County of ......................State of New York,having been submitted to the Electors at the
General Election of November .............19.......pursuant to subdivisions S and 7 of section 33 of the
Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(if any other authorized form of final adoption has been followed,please provide an appropriate certifica-
tion.)
1 further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom an¢of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph.............above.
Clerk of the County legislative body,C$y,Town or V' Icrk or
officer designated by local legislative body
Date: 10-20-9 7
(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....WARREN
................
1, the undersigned, hereby certify that the foregoi local law contains the correct text and that all
proper proceedings have been had or taken for the enactm the 1 cal law annexed hereto.
04441
..... ............. ...... . .. ...........
MARK SCHAC!VfI SR
TOWN COUNSEL
............................................
Tida
FAKty
Date: 10-20-97 CW of ,.,QjJEETTS]3P ................
(7)
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE
November 18, 1997
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 9, 1997, filed 11/10/97
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
qoA�U- q 6W+1--'
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
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013956
The following material has been received
and we have determined that no changes
to your code are required:
Local Law No. 9-97.
Town of Queensbury
C/O Clerk's Office
531 Sav P.oad
Queensbury, NY 120O4