LL 03 Regulate the conduct of Adult Entertainment 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.
COUXX
Xx T� of QUEENSBURY
. .....................................................................
yAtm
Local Law No. 3
.................................................... of the year 1998.....
A local law ..OF THE TOWN OF QUEENSBURY REGULATING THE CONDUCT OF ADULT ENTERTAINMENT USES
............................... .. ...................................................
(Ineert Title) ..................................................................
Be it enacted by the TOWN BOAU
(Name of Legislative Body) of the""""'
cX
Q1
Of
QUEENSBURY
Town ............................................
..................................................................................
....................as follows:
XA%LUKX
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 regulating 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. 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.)
DOS-239 (Rev. 7/90) (1)
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
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."
( 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. Applicability.
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.
( 4 )
(Complete the certification in the 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. 3 of 19 98
of the 1.,,(Town)(VqW6V0 of QUEENSBURY was duly passed by the
TOWN BOARD on JUNE 1st, 19 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
ame of eQis alive ody
disapproval) by the and was deemed duly adopted on 19
«tiveChia(Executive ficer —,
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 O[tieer
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 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.
(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 ge eral 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.....1......above.
('' f
I �
Clerk of t e County legislative body, ity,Town or Village Clerk r
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 OFNEW YORK
COUNTY OF.......WREN
1, the undersigned, hereby certify that the foreg ' al law ntains the correct text and that all
proper proceedings have been had or taken for the enact loc aw annexed hereto.
.... .. . ................................
MARK SC CHNERsignature
...................................................
TOWN COUNSEL Title
��pp�� off
Date: JUfle 3 1 % M of .......gUEENSBURYTown .............
(6)
Excestos
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 1 223 1-000 1
ALEXANDER F. TREADWELL
SECRETARY OF STATE
June 17, 1998
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 3 , 1998, filed 06/09/98
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
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