§ 167-53. Definitions.

As used in this article, the following terms shall have the meanings indicated:

ADULT USE BUSINESS

A. 

As any business which is:

(1) 

The use of land, structures or location for an adult entertainment business or as an adult physical contact establishment as herein defined; and

(2) 

Any use of land, structure or location which, by the provisions of the Penal Law, is required to restrict the access thereto by minors; and

(3) 

An establishment, location, building or structure which features topless dancers, nude dancers or strippers, male or female; and

(4) 

A location, building or structure used for presenting, lending or selling motion-picture films, video cassettes, cable television or any other such visual media, or used for presenting, lending or selling books, magazines, publications, photographs or any other such materials distinguished or characterized by an emphasis of matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.

B. 

Includes adult bookstores, adult video stores, adult motion-picture theaters, adult mini-motion-picture theaters, adult cabarets and adult drive-in theaters which shall be defined as follows:

(1) 

ADULT BOOK STORE

An establishment having a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.

(2) 

ADULT VIDEO STORE

An establishment having as a substantial or significant portion of its stock-in-trade video films, video cassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.

(3) 

ADULT MOTION-PICTURE THEATER

A building with a capacity of 50 persons or more used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.

(4) 

ADULT MINI-MOTION-PICTURE THEATER

An enclosed building with a capacity of fewer than 50 persons used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.

(5) 

ADULT CABARET

An establishment which features live go-go dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.

(6) 

ADULT DRIVE-IN THEATER

A drive-in theater used for the material distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.

(7) 

ADULT PHYSICAL CONTACT ESTABLISHMENT

Any establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as a physical therapist or physical therapist assistant and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this section.

SPECIFIED ANATOMICAL AREAS

A. 

Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; or

B. 

Human male genitals in a discernible turgid state, even if completely or opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

A. 

Human genitals in a state of sexual stimulation or arousal; or

B. 

Acts of human masturbation, sexual intercourse or sodomy; or

C. 

Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breast.