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City of Lockport, NY. If you do not agree to the Terms of Use, please do not use eCode Pin open the table of contents Table of Contents. Chapter 51 Adult Business Uses. Amendments noted where applicable. It is the purpose of this chapter to regulate sexually oriented businesses, to promote the health, safety, morals and general welfare of the citizens of the City of Lockport; and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually oriented businesses with the City of Lockport. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials.

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Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect Lockport escort classified this chapter to condone or legitimize the distribution of obscene materials.

As used in this chapter, the following terms shall have the meanings indicated:. A commercial establishment that is customarily not open to the public generally but excludes any minor by reason of age and, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:. 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 sexual activities or specified anatomical areas; or.

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Instruments, devices or paraphernalia that are deed for use in connection with specified sexual Lockport escort classified. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.

A principal business purpose need not be a primary use of an establishment so long as it is a ificant use based upon the visible inventory or commercial activity of the establishment. Persons who appear in a state of seminudity. Live performances that are characterized by the exposure of specified anatomical area or by specified sexual activities.

Films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or. Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

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 sexual activities or specified anatomical areas; and has a visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions. Offers a sleeping room for rent for a period of time that is less than 10 hours; or.

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Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. The opening or commencement of any sexually oriented business as a new business. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.

The additions of any sexually oriented business to any other existing sexually oriented business; or. The relocation of any sexually oriented business. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or.

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The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy. Excretory functions as part of or in connection with any of the activities set forth in Subsections A through C above. The sale, lease or sublease of the business. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Sexually oriented businesses are classified as follows:.

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Adult arcades. Adult bookstores or adult video stores. Adult cabarets. Adult motels. Adult motion-picture theaters.

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Adult theaters. Escort agencies. Nude model studios; and. Sexual encounter centers. The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business.

The sketch or diagram need not be professionally prepared but must be drawn to a deated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the Health Department, Fire Department, building official and zoning official.

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Applications for a permit, whether original or renewal, must be made to the director by the intended operator of the enterprise. Applications must be submitted by hand delivery to the office of the director or the director's deee during regular working hours. Application forms shall be supplied by the director. The intended operator shall be required to give the following information on the application form:. If the expected start-up date is to be more than 10 days following the date of issuance of the permit, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same.

The application shall be accompanied by the following:.

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The application shall contain a statement under oath that:. A separate application and permit shall be required for each sexually oriented business. The Health Department, Fire Department, building official and zoning official shall complete their certification that the premises is in compliance or not in compliance within 20 days of receipt of the application by the director. The certification shall be promptly presented to the director.

In the event that the director determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for the denial within 45 days of the receipt of its application by the director, provided that the applicant may request, in writing, that such period be extended for an additional period of not more than 10 days at any time before the notice is issued in order to make modifications necessary to comply with this chapter. An applicant may appeal the decision of the director regarding a denial to the City of Lockport Common Council by filing a written notice of appeal with the City Clerk within Lockport escort classified days after the applicant is given notice of the director's decision.

The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The director may submit a memorandum in response to the memorandum filed by the applicant on appeal to the Common Council.

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After reviewing such memoranda, as well as the director's written decision, if any, and exhibits submitted to the director, the Common Council shall vote to either uphold or overrule the director's decision.

Such vote shall be taken within 21 calendar days after the date on which the City Clerk receives the notice of appeal. However, all parties shall be required to comply with the director's decision during the pendency of the appeal. This fee is to be used to pay for the cost of the administration and enforcement of this chapter. Violated or is not in compliance with any section of this chapter.

Become impaired or intoxicated through the use of alcoholic beverages while on the sexually oriented business premises.

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Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter. Knowingly permitted gambling by any person on the sexually oriented business premises. The administrative action shall be promptly reviewed by the court.

Sexually oriented businesses shall be permitted in any I-2 or I-3 Industrial District, as defined in the City of Lockport Zoning Ordinance, [1] provided that:. The sexually oriented business may not be operated within 1, feet of:. A sexually oriented business may not be operated in the same building, structure, or portion thereof containing another sexually oriented business.

For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church, synagogue, regular place of worship or public or private elementary or secondary school or to the nearest boundary of an affected public park, residential district Lockport escort classified residential lot or d day-care center.

For purposes of Subsection C of this section, the distance between any two sexually oriented business uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. Any business lawfully operating on the effective date of this chapter that is in violation of the locational or structural configuration requirements of this chapter shall be deemed a nonconforming use.

The nonconforming use will be permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more.

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Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1, feet of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operating at a particular location is the conforming use and the later-established business es is nonconforming.

Evidence that a sleeping room in a hotel, motel or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter. For purposes of Subsection B of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.

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A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than square feet of floor space a film, video cassette or other Lockport escort classified reproduction that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:. A manager's station may not exceed 32 square feet of floor area. The diagram shall also deate the place at which the permit will be conspicuously posted, if granted.

A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some deated street or object and should be drawn to a deated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The director may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was ly submitted and certifies that the configuration of the premises has not been altered since it was prepared.

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