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HomeMy WebLinkAboutLL 05 of 1998 Extend Moratorium on Adult EntertainmentTOWN OF ITHACA LOCAL LAW NO.s OF THE YEAR 1998 A LOCAL LAW EXTENDING FOR AN ADDITIONAL SEVENTY-FIVE (75)DAYS A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Findings and Purpose.The Town Board of the Town of Ithaca finds: 1.The Town of Ithaca adopted Local Law No. 1 of the Year 1998 providing for a moratorium of ninety (90) days on the establishmentintheTown of Ithaca of adult entertainment businesses as defined in such local law. 2. Since February 9, 1998, the date theTownBoardvoted to adopt such local law, the Planning Department of the Town of Ithaca has prepared a study on the effects of adult entertainment businesses on surrounding properties and draft legislation has been prepared and submitted to the Town's Codes and Ordinances Committee,for review and conunent. 3. Upon completion of the review by the Codes and Ordinances Conunittee,the proposedlegislationand related study will be referredtothePlanningBoardas required by New York State law for review and recommendation to the Town Board.Upon completion of the PlanningBoard's review it is anticipated that the legislation will be referred to the Town Board for final action. 4. It is anticipated that this process of review by the various Town bodies and final actioncan be completed within seventy-five (75)days of the expiration of the original ninety (90) day moratorium. 5. The purposes of any new legislation wouldbe significantly subverted if an adult entertainment business were to be established before appropriate legislation could be carefully studied and,if found desirable,enacted. 6. Accordingly, in order to maintain the status quo relative to such adult entertainment businesses during the limited additional time the Town needs to review and adopt any appropriate legislation, it is necessary to extend the previously adopted ninety (90) day moratorium for an additional period of seventy-five (75) days. Section 2.Amendment of Local Law No.1 of the Year 1998.The Local Law No. 1 of the Year 1998 is amended to effect such extension of the moratorium set forth in such Local Law by deleting wherever it appears in said Local Lawthe phrase or phrases "90 days","ninety days", and "ninety day" and inserting in place of such phrases the phrases "165 days","one hundred sixty-five days" and "one hundred sixty-five day". adulcenc.ll2 wp5l/ith/locallaw April 28,1998 10:32ani Section 3.Applicability.This local law shall apply to all areas of the Town of Ithaca outside the Village of Cayuga Heights. Section 4.Partial Invalidity.If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 5. This local law shall take effect ten days after publication of this local law or an abstract or summary of same in the Ithaca Journal.