Chapter 33, ADULT BOOKSTORES AND THEATERS
[HISTORY: Adopted by the Board of
Trustees of the Village of Greenwood Lake 11-6-1978 by L.L. No. 6-1978.
Amendments noted where applicable.]
§ 33-1. Certain uses prohibited.
Adult bookstores and adult motion-picture theaters and adult live
theaters, hereinafter defined, are hereby prohibited from being established,
operated or maintained in any part of the confines of the Village of Greenwood
Lake.
As used in this chapter, the following terms shall have the meanings
indicated:
ADULT BOOKSTORE -- An establishment,
whether retail or wholesale, having as a substantial portion of its
stock-in-trade sexual devices, books, magazines, other periodicals, films and
other viewing materials, both audio and visual, which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to
specified sexual activities, sexual conduct or specified anatomical areas or an
establishment with an entire or specific segment or section devoted to the sale
or display of such material.
ADULT LIVE THEATER -- Any building or
area used for presenting any plays, shadow plays, skits, pantomimes or other
actions which are characterized by an emphasis on matter depicting or
describing or simulating or related to specified sexual activities, sexual
conduct or specified anatomical areas for observation by patrons therein.
ADULT MOTION-PICTURE THEATER -- A
building used for presenting films which are distributed in forms of less than
35 millimeter distribution standards, which films are characterized by an
emphasis on matters depicting or describing or related to specified sexual
activities, sexual conduct or specified anatomical areas for observation by
patrons therein.
SEXUAL CONDUCT -- Human masturbation,
sexual intercourse or any touching of the genitals, pubic areas or buttocks of
the human male or female or the breasts of the female, whether alone or between
members of the same or opposite sex or between humans and animals, in an act of
actual or apparent sexual activity, sexual stimulation or sexual gratification.
SPECIFIED ANATOMICAL AREA:
A. Less than completely and opaquely covered
human genitals, pubic region, buttock or female breast below a point immediately
above the top of the areola.
B. Human genitals in a discernibly turgid state,
even if covered.
SPECIFIED SEXUAL ACTIVITY:
A. Human genitals in the state of sexual
stimulation or arousal.
B. Any act of human masturbation, sexual
intercourse or sodomy.
C. Fondling or other erotic touching of the human
genitals, pubic region, buttock or female breasts.
§ 33-3. Penalties for offenses. [Amended
7-6-1983 by L.L. No. 7-1983]
Any person violating any of the provisions of this chapter shall be
guilty of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not exceeding $250 or by imprisonment for a term not
exceeding 15 days, or by both such fine and imprisonment. The continuation of
an offense against any provision of this chapter shall constitute, for each day
the offense is continued, a separate and distinct offense hereunder.