Corning Municipal Code Art. I General Provisions

It is the purpose of the following provisions to regulate adult-oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the city of corning. these provisions have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. similarly, it is not the intent nor effect of these provisions to restrict or deny access by adults to adult-oriented materials protected by the first amendment, nor to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. neither is it the intent nor effect of these provisions to condone or legitimize the distribution of obscene material. (ord. 610 §3 (part), 2004).

For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section. If a word or phrase used in this chapter is not defined herein but is defined in Chapter 17 of this code, such word or phrase when used in this chapter shall have the same meaning as described in Chapter 17.

A. Adult-Oriented Businesses. "Adult-oriented businesses" means any one of the following:

1. Adult Arcade. The term "adult arcade" as used in this chapter, means an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

2. Adult Bookstore. The term "adult bookstore" as used in this chapter, means an establishment that has thirty percent or more of its floor area devoted to sales and display of books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

3. Adult Cabaret. The term "adult cabaret" as used in this chapter, means a nightclub, restaurant, or similar business establishment which:

a. Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual sexual activities;

b. Regularly features persons who appear semi-nude;

c. Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

4. Adult Hotel/Motel. The term "adult hotel/motel" as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which:

a. Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and

b. Rents, leases, or lets any room for less than a six hour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period.

5. Adult Motion Picture Theater. The term "adult motion picture theater" as used in this chapter, means a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

6. Adult Theater. The term "adult theater" as used in this chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

7. Modeling Studio. The term "modeling studio" as used in this chapter, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."

B. Adult-Oriented Business Operator. "Adult-oriented business operator" (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.

C. Applicant. A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee or agent of an adult-oriented business.

D. Bar. For the purposes of the ordinance codified in this chapter, a bar means any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

E. Distinguished or Characterized by an Emphasis Upon. As used in this chapter, the term "distinguished or characterized by an emphasis upon" means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3 151 (1981).

F. Figure Model. "Figure model" means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.

G. Health Officer. The Health officer of the city of Corning or his or her duly authorized representative.

H. Nudity or a State of Nudity. "Nudity or a state of nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.

I. Operate an Adult-Oriented Business. As used in this article "operate an adult-oriented business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.

J. Permitted. "Permittee" means the person to whom an adult-oriented business permit is issued.

K. Person. Any individual, partnership, copartnership, firm, association, joint stock company, corporation or combination of the above in whatever form or character.

L. Police Chief. The police chief of the city of Corning or the authorized representatives thereof.

M. Regularly Features. The term "regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a thirty day period; three or more occasions within a sixty day period; or four or more occasions within a one hundred and eighty day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

N. "Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

O. Establishment of an Adult Oriented Business. As used herein, to "establish" an adult-oriented business means and includes any of the following:

1. The opening or commencement of any adult-oriented business as a new business;

2. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

3. The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

4. The relocation of any such adult-oriented business.

P. Specified Anatomical Areas. As used herein, "specified anatomical areas" means and includes any of the following:

1. Less than completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) 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;

3. Any device, costume or covering that simulates any of the body parts included in subsections (P)(1) or (P)(2) of this section.

Q. Specified Sexual Activities. As used herein, "specified sexual activities" means and includes any of the following, whether performed directly or indirectly through clothing or other covering:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;

2. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

3. Masturbation, actual or simulated;

4. Excretory functions as part of or in connection with any of the other activities described in subsections (Q)(1) through (Q)(3) of this section. (Ord. 610 §3 (part), 2004).

A. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city of Corning, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the city of Corning as herein required. (Adult-oriented business regulatory permit.)

B. It shall be unlawful for any person to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business unless the person first obtains and continues in full force and effect a permit from the city of Corning as herein required. (Adult-oriented business performer permit.) (Ord. 610 §3 (part), 2004).