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 Williamsville
 Code of Ordinances
 Chapter 112. Zoning

  § 112-27. Adult uses.  

Latest version.
  • A. 
    Purpose.
    (1) 
    It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Village of Williamsville, this part of the Zoning Code is intended to restrict adult uses to certain nonresidential areas of the Village of Williamsville and otherwise regulate their operation. This part of the Zoning Code is intended to promote the health, safety and general welfare of the residents of the Village of Williamsville by regulating the concentration of such uses.
    (2) 
    The Constitution and laws of the State of New York grant to the Village of Williamsville powers, especially police power, to enact reasonable legislation and measures to regulate and supervise adult entertainment establishments in order to protect the public health, safety and welfare.
    (3) 
    It is not the intent of the Village of Williamsville in enacting this section to deny to any person rights to speech protected by the United States and/or State Constitutions, nor is it the intent of the Village of Williamsville to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, video tapes, books and/or other materials. Further, by enacting this section, the Village of Williamsville does not intend to deny or restrict the rights of any adult to obtain and/or view any sexually oriented materials protected by the United States and/or State Constitutions, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of such sexually oriented materials may have.
    B. 
    Definitions. As used in this section, the following terms shall have the meanings indicated:
    ADULT BOOKSTORE
    An establishment or business, whether retail or wholesale, having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals, films and viewing materials for sale or viewing on premises by use of motion-picture devices or any coin-operated means, including video tapes and props and toys, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment or business containing a segment or section devoted to the sale or display of such material.
    ADULT CABARET
    A business enterprise which serves food or beverage 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 CABARET
    A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments.
    ADULT MOTION-PICTURE THEATER
    An enclosed building or structure or portion of a building or structure used for presenting materials having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
    ADULT USE
    An adult bookstore, adult cabaret, adult entertainment cabaret, adult motion-picture theater, massage establishment, body-rub establishment, peep show or any other business(es) where specified anatomical areas are displayed or specified sexual activities are encountered.
    BODY-RUB ESTABLISHMENT
    Any establishment having a fixed place of business where body rubs are administered for pay.
    MASSAGE ESTABLISHMENT
    Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages. Such establishments are not prohibited, provided that they have a duly licensed massage therapist on the premises.
    PEEP SHOWS
    A theater which presents material in the form of live shows, films or videotapes viewed from an individual enclosure for which a fee is charged and which is not open to the public generally.
    SPECIFIED ANATOMICAL AREAS
    (1) 
    Less than the completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.
    (2) 
    Human male genitals in a discernibly turgid state even if completely and opaquely covered.
    SPECIFIED SEXUAL ACTIVITIES
    (1) 
    Human genitals in a state of sexual stimulation or arousal.
    (2) 
    Acts of human masturbation, sexual intercourse, sodomy or bestiality.
    (3) 
    Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
    SUBSTANTIAL CONNECTION
    (1) 
    In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.
    (2) 
    In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who shares in the ownership of any of the assets of the partnership business.
    (3) 
    In a corporation, an individual who is an officer, director or a holder, either directly, indirectly or beneficially, of more than 20% of any class of stock.
    (4) 
    Any person who furnishes more than 20% of the capital of the financing or assets of such business, whether in cash, goods or services.
    (5) 
    These definitions are to include any type of business(es) or combination of business(es) where specified anatomical areas are displayed or specified sexual activities are encountered.
    C. 
    Restrictions affecting adult uses.
    (1) 
    The adult bookstores, adult cabarets, adult entertainment cabarets, adult motion-pictures theaters, adult motels, massage establishments, body-rub establishments and peep shows or any other adult use governed by these provisions shall be allowable only for properties located in the manufacturing districts and subject to the requirements herein established.
    (2) 
    Not more than one of the uses governed by these provisions shall be permitted on any single lot in the Village of Williamsville.
    (3) 
    None of the uses governed by these provisions shall be allowed:
    (a) 
    Within 250 feet of the boundary of any residential zoning district.
    (b) 
    Within 1,000 feet of the property line of a public or private school, hospital, synagogue, church or other religious institution, day-care center, youth center, park or playground, public library or areas where minors congregate.
    (c) 
    Within 500 feet of the property line of another lot containing an adult use.
    (4) 
    All adult uses, adult bookstores, adult cabarets, adult entertainment cabarets, adult motion-picture theaters, adult motels, massage establishments, body-rub establishments and peep shows, with the exception of their permitted signs, landscaping and off-street parking, 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 see any specified anatomical area or any specified sexual activity by virtue of any act or display which depicts or shows anatomical area or any specified sexual activity by virtue of any act or display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.
    (5) 
    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 code.
    (6) 
    No such establishment as defined in this section shall employ any individual below the age of 18 years.
    D. 
    Registration.
    (1) 
    No person, firm, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part of which contains an adult use, without first complying with the provisions of this part of the Zoning Code as set forth below.
    (2) 
    In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate or continue to operate until a certificate of registration is filed with the Village Clerk containing:
    (a) 
    The name and address of the business or the establishment subject to the provisions of this part of the Zoning Code.
    (b) 
    The names, business and home addresses and business or home phone numbers of all owners of the business or establishment subject to the provisions of this part of the Zoning Code.
    (c) 
    The names, business and home addresses and business or home phone numbers of all those persons having a substantial connection with the business or establishment subject to the provisions of this part of the Zoning Code.
    (d) 
    The date of the initiation of the adult use.
    (e) 
    The exact nature of the adult use.
    (f) 
    If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease, name of the tenant and name, address and telephone numbers of the landlord.
    (g) 
    The applicant shall also submit a plan drawn to appropriate scale of the premises proposed for registration indicating the areas to be covered by the registration, all windows, doors, entrances and exits and the fixed features of the proposed registered premises. The term "fixed features" shall include walls, stages, immovable partitions, projection booths, admission booths, concession booths and stands, immovable counters and similar appurtenances that are intended to be permanent.
    (h) 
    The applicant shall state all criminal convictions, the nature of this conviction and location.
    (3) 
    If there occurs any change in the information required for the information of registration or the certification of registration, the Village Clerk shall be notified of such change and a new or amended certificate filed within 30 days of such change.
    (4) 
    The processing fee for such certificate of registration or amendment thereto shall be $250.
    (5) 
    No certificate of registration issued under the provisions of this part of the Zoning Code shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than stated in the certificate of registration.
    (6) 
    Change of name. A registrant may not move the registered adult use to a new location without first following the same procedure for the issuance of a new registration and the payment of an application fee of $250. The registrant shall submit to the Village Clerk an application for a change of location, accompanied by the application fee of $250.
    (7) 
    The owner, manager or agent of any adult use shall cause a copy of the certificate of registration issued under the provisions of this part of the Zoning Code to be prominently displayed on the premises, building or location for which it is issued.
    (8) 
    Any knowingly false statement or any statement which the registrant or applicant should reasonably have known to be false which is provided in the certificate of registration or any document or information supplied therewith shall be grounds for denial, rejection, suspension or revocation of the certificate of registration.
    (9) 
    It is a violation of this part of the Zoning Code for the owner or person in control of any property to establish or operate thereon or to permit an adult use without having in force a certificate of registration complying with this subsection.
    (10) 
    No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, screen or other opening.
    E. 
    Issuance.
    (1) 
    Upon the completion of the investigation of an application by the Department of Building and the Chief of Police, the Building Department shall submit a recommendation for approval or disapproval of the application to the Village Clerk. If approved, the Village Clerk shall issue the registration upon the payment of the appropriate registration fee.
    (2) 
    If the Building Department recommends disapproval, that person shall indicate the reason for the disapproval on the application or in a separate writing. The Village Clerk shall inform the applicant of approval or disapproval. A notice of disapproval shall state the reason thereof. Notification of disapproval shall be by certified mail and shall be sent to the address on the registration application, which shall be considered to be the correct address.
    F. 
    Term of registration.
    (1) 
    All registrations issued under this part of this Zoning Code shall be classified as annual registrations which shall be paid for on or before June 1 and shall expire on May 31; a new registration may be obtained upon application therefor and the payment of the appropriate annual registration fee, and such registration shall expire on May 31 of the same year. The provisions of this subsection shall not affect any other provisions of this part of the Zoning Code.
    (2) 
    A registrant under this section shall be entitled to a renewal of his or her annual registration from year to year, as a matter of course, on or before June 1, by presenting the registration for the previous year or satisfactory evidence of its loss or destruction to the Village Clerk and by paying the appropriate registration fee.
    G. 
    Denial. A new or renewal application for registration shall be denied:
    (1) 
    When the applicant or any of the other individuals listed pursuant to this part of the Zoning Code have had their registration previously suspended or revoked or have been a partner in a partnership or an officer, director or principal stockholder of a corporation whose registration under this part of the Zoning Code has previously been suspended or revoked.
    (2) 
    When any false statement is made on the application for registration.
    (3) 
    When the applicant or partner in a partnership or an officer, director or principal stockholder of a former or existing corporation or the corporation itself has been convicted of a criminal act in this state or any other state within five years immediately preceding the date of the application.
    (4) 
    Any new corporation formed by an officer, directors or principal shareholders of a corporation which has been convicted of a criminal act in this state or any other state within five years immediately preceding the date of the application.
    H. 
    Revocation. The registration issued under this part of this Zoning Code shall be revoked immediately if the applicant or partner, officer or principal stockholder of a former or existing corporation or the corporation itself is convicted of a criminal act in this state or any other state.
    I. 
    Amortization. In all districts, except as provided in this part of the Zoning Code, any adult use shall terminate not later than one year after the effective date of this part of the Zoning Code, and thereafter, the space or premises or building formerly occupied by such use shall be used only for a conforming use.