Loading...
LL 01 Tempoary Moratorium Adult Uses Local 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. XQJW Queensbury Townof .................................... ....... Local Law No. ..... of the year 19 ..9.8. A locallaH .....,ESTABLISHING A TEMPORARY MORATORIUM ON ADULT USES AND ADULT ENTERTAINMENT ................................... (Insert Title) USES .............. Be It enacted by the ..................................Town Board ...............................................................................Of the (Name of Legislative Body) 119*X Queensbury Townof ...................................................................................... .as follows: The Code of the Town of Queensbury is hereby amended by adding the following local law as follows: SECTION 1. Purpose. The Town Board hereby finds that the conduct of adult uses within one-thousand feet (1,000) 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 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 the Town Master Plan and Zoning Ordinance by temporarily prohibiting the conduct of adult uses within one-thousand feet(1,000)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: 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- (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) DOS-239 (Rev. 7/90) 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 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 forrn 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." 2 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. 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. 3 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 the Municipal Home Rule Law and shall expire on July 31", 1998. 4 —YY••`•a "i tsar. 111tA16 %F& %&&&a su'.. .r.. .....� 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. 1 of 19 98 of the (G&X&S4(CW)(Town)(XWLVQ of Queensbury was duly passed by the Town Board on April 6th, 19 98, in accordance with the applicable provisions of law. (Name of Legislative 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 sme o[ eQis•five o y disapproval) by the and was deemed duly adopted on 19 active ChiefExecutive !ricer —� 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 Name of Legislative Body on 19 , and was (approved)(not disapproved)(repassed after 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 referndum.) 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 eislativs Body disapproval) by the on 19 . Such local law was subject to (Elective Chief xseutive 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. (5) S. (City local law concerning Charter revision proposed by petition.) 1 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 speciale l election held on .....:...... ............19.........became operative. 6. (County local law concerning adoption of Charter.) I 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 and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph....I.......above. Clerk of the County legislative body.City,Town or Villa Clerk or officer designated by local legislative body Date: (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 fore Jhel c ntains the correct text and that all proper proceedings have been had or taken for the enac w annexed hereto. ... . .... .............................. Mark Schachnersignature ................................................... Town Counsel Title Date: �r i l 81 1998 of ......Quaea�sbury.............. Town i txCEWOR STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, NY 1 223 1-000 1 ALEXANDER F. TREADWELL SECRETARY OF STATE April 21, 1998 DARLEEN M DOUGHER TOWN OFFICE BLDG. 742 BAY ROAD QUEENSBURY, NY 12804 RE: Town of Queensbury, Local Law 1, 1998, filed 04/13/98 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, qolmu- Janice G. Durfee Principal File Clerk Bureau of State Records (5i8) 474-2755 JGD:ml 0 printed on recycled paper Z 227 622 911 Rec * for . C917Med Mail No Insurance Coverage Provided =osus Do not use for International Mail (See Reverse) 0, i r ,CU Slt et�: J G to am ZIP Coda j^` C 7 1 � Postage h 0 / E Ce,Wwd Fey O � SOC,!aI De',—, FF„_ a Resmrted Delivery Fee Return Recent;howrnq to Mx—&Dale DFI,Pr A 77rr,Heue,pt Showing' Whom, Dale and Ald,r,see',Aclw-s TOTAL Postage j Po� Dite m SENDER: I also 13 ■Complete items i and/or 2 for additional services. in ■Complete items 3,4a,and 4b. following services(tor m. ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. oil j •Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address permit. •Write'Retum Receipt Requested'on the maiipiece below the article number. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date C delivered. Consult postmaster for fee. o 3.Article Addressed to: 4a.Article Number cc '(�.e�.�`'1 c,r,►�, -cam C� 4b.Service Type ❑ Registered Certified - 1 (-0- �r�i n� Sl�kr1 ❑ Express Mail ❑ Insured t� /� ❑ Return Receipt for Merchandise ❑ COD i +� 7.Datecyery 5.Received By:(Print Name) 8.Addressee's Address(Only if requested c and fee is paid) _ t- 3 6.Signature:(Addresse r ) T X Ps Form 3811,Dece ber 1994 Domestic Return Receipt t t 04/17/98 Me following material liar been mceived and wilL be processed fot inclusion in voui Code as supplemental paqvy Ohm appikableh WHOM page , Locai Law Mos . 1 98 ancll it A uee, -bul 742 Bay Road oueensbury, NY 12804