Family Video

[cath829]

§ 230-46. Adult uses.

A. Purpose. The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day-care centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute to or enhance criminal activity in the area of such uses, nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value. [Amended 7-2-2007]
B. Requirements. [Amended 7-2-2007]
(1) General. Adult uses, as defined in this chapter, shall be subject to the following general provisions:
(a) Activities classified as obscene, as defined by Minnesota Statutes 617.241, are not permitted and are prohibited.
(b) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.
(c) Adult uses, either principal or accessory, shall be prohibited from locating in any place which is also used to dispense or consume alcoholic beverages.
(d) An adult use which does not qualify as an accessory use shall be classified as an adult use-principal.
(2) Adult uses-principal.
(a) Adult uses both principal and accessory, shall be permitted in the Industrial District and only upon site plan approval.
(b) Adult uses-principal shall be located at least 1,000 radial feet as measured in a straight line from the closest point of the property line of the building upon which the adult use-principal is located to the property line of:
[1] Residentially zoned property.
[2] A licensed day-care center.
[3] A public or private education facility classified as elementary, junior high or senior high.
[4] A public library.
[5] A public park.
[6] Another adult use-principal.
[7] An on-site liquor retail sales establishment.
[8] An historic or scenic resource; historic route or highway; or a civic or cultural facility.
(c) Adult uses-principal shall be located at least 500 radial feet, as measured in a straight line, from one another.
(d) Adult use-principal activities, as defined by this chapter, shall be classified as one use. No two adult uses-principal shall be located in the same building or upon the same property, and each use shall be subject to Subsection B(1)(b) and (c), above.
(e) Adult uses-principal shall adhere to the following signing regulations:
[1] Sign messages shall be generic in nature and shall only identify the type of business which is being conducted; and
[2] Shall not contain material classified as advertising; and
[3] Shall comply with the size and number requirements for the district in which they are located.
(f) Adult use-principal activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are permitted.
(3) Adult uses-accessory.
(a) Adult uses-accessory shall:
[1] Comprise no more than 10% of the floor area of the establishment in which it is located.
[2] Comprise no more than 20% of the gross receipts of the entire business operation.
[3] Not involve or include any activity except the sale or rental of merchandise.
(b) Adult uses-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access.
[1] Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation.
[2] Magazines. Publications classified or qualifying as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
[3] Other use. Adult uses-accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator.
(c) Adult uses-accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
(d) Adult use-accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are permitted.
C. All building openings, including doors and windows, shall be coated, covered or screened in such a manner as to prevent a view into the establishment from any public street, sidewalk or parking area.
D. No loudspeakers or sound equipment shall be used by adult uses that can be heard by the public outside the establishment.

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Does anyone out there believe that this pertains to the Family Video located at the corner of Ridge & Rosary? Council President and Third Ward "do nothing" are well aware of it!! How does this pass zoning with a day care AND school AND residential area all less than a 1000' from it??? Hmmmm...Code Enforcement? Council President? Third Ward puppet? Somone step up to the plate and explain this to the citizens. I know Andrea informed "binky" when he walked into the seat the first time.....as usual...do NOTHING. Dennis Mulqueen informed Chuck Jaworski prior to the facility even being built when he was BS'ing with him on Dennis' front steps. Oh, I know....it depends on their "interpretation" of the law posted above!! I bet a fourth grade student can explain the law better. Who called these people intelligent????

[DomesticatedFeminist]

Is this just for lackawanna or does this a law in NY state?

There is a porn shop at the corner of bailey and seneca, actually two porn shops there. south side elementary is right around the corner.

Also isn't the porn shop on Rt5 close to residential areas?

I haven't been in family videos but if they are selling porn, i don't think the name family videos is appropriate.

[therising]

If Family Video has their little adult section in Lackawanna, then you have your own people to blame.

In other towns (Lancaster/Tonawanda), all the planning officials needed to do was raise an objection, and FV immediately withdrew the adult material.

Of course this all happened before the stores opened. Once they open, you have a lot less leverage.

[therising]

Is this just for lackawanna or does this a law in NY state?

There is a porn shop at the corner of bailey and seneca, actually two porn shops there. south side elementary is right around the corner. .

It's gotta be a Lackawanna thing. Adult uses are regulated by local municipalities.

[shipdadip]

You mean they have Porn at Family Video and this whole time I've been driving all the way to Pandora's Boxxx on Seneca/Bailey to get mine?
This post should have been made a long time ago!

[cath829]

I posted because I saw what was happening with the other Family Video location on the news tonight. Got me wondering about Lackawanna and the officials that knew about the little area located within the store prior to the opening of it. I guess when they showed up for the ribbon cutting they never made it past the fron door!

[nickelcityhomes]

Maybe their business plan was developed in WV or western KY where "family" videos are much more, um...introspective?

Otherwise, it ranks high on my list of stuff for people and politicians to get fired-up about. Fake outrage is just as dangerous as facial cum shots. Both obscure the big picture.

[WNYresident]

So we are talking about like a shelf or two of adult dvd's? A none issue.

[mnb811]

It's an issue read the LAW. Simple, cut and dried, done. Unless you have a comprehension problem some people just don't get it. They never voted to change, amend, restrict or get a waiver for this buisness.Just showing you another way Lackawanna ignores the rules.It's a whole room and it was probably labeled storage on the blueprints just like Tonawanda's.They have this problem also read today's paper.

[mnb811]

If Family Video has their little adult section in Lackawanna, then you have your own people to blame.

In other towns (Lancaster/Tonawanda), all the planning officials needed to do was raise an objection, and FV immediately withdrew the adult material.

Of course this all happened before the stores opened. Once they open, you have a lot less leverage.

Who do you think we are blaming? Not the store.Just the arrogant dimwits that violate every law written in OUR city charter. I think at the next meeting we ought to just burn the damn charter because they never adhere to anything in it.

[mnb811]

Is this just for lackawanna or does this a law in NY state?

There is a porn shop at the corner of bailey and seneca, actually two porn shops there. south side elementary is right around the corner.

Also isn't the porn shop on Rt5 close to residential areas?

I haven't been in family videos but if they are selling porn, i don't think the name family videos is appropriate.

This law I believe is NYS code but I could be wrong.