HomeMy WebLinkAbout1998-11-09 1 Public Hearing Minutes
Proposed Local Law #5
November 9 , 1998
TOWN OF DANBY
PUBLIC HEARING MINUTES
NOVEMBER 9 , 1998
Public Hearing to consider - A LOCAL LAW AMENDING THE TOWN OF DANBY
ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES
PRESENT :
Supervisor Kenneth Horst
Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz
Others Present:
Carol Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Members of the Public :
Esther Dotson, Pat Woodworth, Dan Klein, John Henderson, Ames Brown
Public Hearing Declared Open
Supervisor Kenneth Horst declared the public hearing open at 7 : 04 p . m . and read the following
"Notice of Publication" :
PLEASE TAKE NOTICE , that a public hearing will be held by the Town Board of the Town of
Danby on November 9 , 1998 at 7 : 00 p .m . at the Town Hall , 1830 Danby Road, Town of Danby,
Tompkins County, NY, regarding the adoption of a local law entitled "A LOCAL LAW
AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO ADULT
ENTERTAINMENT BUSINESSES" , which proposed local law defines adult entertainment
businesses and permits the establishment of such businesses only in Commercial Zones C and
only by special permit .
Any interested person is entitled to be heard upon said local law at such hearing . Copies
of such local law are available for review at the Town Hall at the above address during business
hours of the Town Clerk .
By order of the Town Board
Carol W . Sczepanski, Town Clerk
Dated : October 22 . 1998
Publish : October 24 , 1998 "
Public Comment was received from the following residents :
Susan Beeners - Code Enforcement Officer
Robert Roe
Ames Brown
Jerard Dundy
Abby Holley
Carol Sczepanski
Esther Dotson
Public Hearing Declared Closed :
Supervisor Horst declared the public hearing closed at 7 : 33 P . M .
dd,AA t 4.14 d It j
Carol W . Sczepaglii, Town Clerk
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November 9 , 1998
TOWN OF DANBY
TOWN BOARD MINUTES
NOVEMBER 9, 1998
7 : 35 P.M.
Regular Meeting
PRESENT :
Supervisor Kenneth Horst
Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz
Others Present:
Carol Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Members of the Public :
Esther Dotson, Pat Woodworth, Dan Klein, John Henderson, Ames Brown
Supervisor Kenneth Horst called the meeting to order at 7 : 35 p .m. and led all present to the Pledge
of Allegiance to the American Flag.
ADDITIONS TO THE AGENDA:
1 ) The creation of a committee to investigate the coordination and repair of the Town Hall
Facility.
2) SPCA contract
3 ) Transfer of Highway Funds $200 . 00 from A5010 . 200 to A5010 .400 and $ 3 ,000 . 00 from
DA5120 .400 (bridge contractual) to DA5142 . 400 .
4) Creation of a committee - to draft a contract for the Danby Area News, Danby Community
Council and the Danby Senior Citizens
PRIVILEGE OF THE FLOOR:
Councilperson Gagnon read the following statement for the record and requested that it be included
verbatim in the Minutes of Meeting : "Last month , at the regular October meeting of the Town Board,
Esther Dotson read into the record before the public here assembled a statement accusing me and my colleague
Howard Steiner of lying to the public and asking for a vote of censure from the Town Board. The public
nature of this statement, which, by the way, was not preceded by any attempt to contact either myself or Mr.
Steiner to address privately the issues raised, virtually demands a public response .
Mr. Steiner and I were accused of misrepresenting the tentative budget -- of treating it as something
more than a simple compilation of requests of the department heads . We did indeed do that, and for a very
good reason : there is the expectation within the Town Law that the tentative budget be more than a simple
compilation . Town Law in Section 106 and 107 clearly states that the budget officer is to prepare the tentative
budget with his or her recommendations . Further, proposed appropriations and estimates of revenues are to
be included. The choice of the word "proposed" is the language of the law and not something Howard or I
imagined. Nothing in the law precludes the inclusion of the requests of the administrative units, and I stated
to Lauren Bishop, the Ithaca Journal reported who called me, my appreciation of the Supervisor' s desire to
share those with the Board .
Not to perceive the tentative budget as a proposal is to misunderstand both its purpose and its weight
in law. Unless the tentative budget is modified by the Board , it becomes the preliminary budget presented to
the public . Moreover, with or without Board action the tentative budget becomes the preliminary budget,
which becomes the final budget. To treat the tentative budget as nothing more than a compilation of requests
is ill -advised at best. That my statements to Ms . Bishop were restrained in an effort to be as supportive as
possible of Mr. Horst, given my deep disappointment about the manner in which he chose to approach the
budget process, seems to have completely missed by Ms . Dotson . She would have known better had she
bothered to talk to me before accusing me in public of lying.
The October 10th Ithaca Journal article which prompted the attack on my integrity was measured and
fair, in my opinion . That the tentativeness of the tentative budget was adequately conveyed was confirmed
by the almost complete absence of public alarm . There was no crowd of angry or upset residents at the
October meeting of the Town Board . The accusations from Arch and Esther Dotson were profoundly
unsupportive and needlessly divisive. They have forced me in responding in my defense to reveal a difference
of opinion with my colleague Ken Horst which I would have preferred not to emphasize publicly. I hope we
can move away from political posturing in the future and substitute some honest communication .
Joel P . Gagnon, Member of Council"
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November 9 , 1998
Councilperson Steiner stated that he shares much of what Councilperson Gagnon said and he said
it very well .
Supervisor Horst said that he was not going to make any other statements other than what he has
already made in the paper in his letter to the editor to prevent this from becoming an argument
among Board members .
Town Clerk Carol Sczepanski - reported that due to the statement of Councilperson Inman that she
was to have only keys to her office and the vault, she submitted all the keys in her possession to the
Town Supervisor, including all the keys to locks that are no longer in use, statement of investigation
from the Tompkins County Sheriff' s Investigator of findings from previous tampering. The sign-out
key for the meeting room was also submitted . The only keys now in her possession are the keys to
her office and the clerk no longer has a key for use in case of emergency . The Clerk reported that
her office has been entered and asked Inst-Key to confirm that a master key was not issued at the
time the locks were installed and asked for confirmation in writing . An affidavit stating that no
master key was issued has not been forthcoming . Three (3 ) cylinders with keys were received by the
Town and sent to the Town Hall to be installed -- only two (2) were returned . She stated "that we
may have had a couple of earthquakes around here because I' ve had some strange things happen in
my office" .
County Representative Report :
Representative Frank Proto reported on the following :
1 ) Public Hearing - on the County Budget - Tuesday, November 10 , 1998 at 7 : 00 p . m in the
Court House . The budget indicates a 3 .9% tax increase for the 1999 budget at this time .
2) Transit committee is looking at expanding and adding a new route along Coddington Road
from Tioga County to accommodate people who just want to get to downtown Ithaca.
Members of the Public :
Judy VanDermark, President of Danby Community Council reported on the Community Council
events for CPR and first aid classes , safety course and the up-coming holiday party . She also
reported that she has received a hate letter (from person or persons unknown) and said that she is
here to tell the community of Danby that it is very clear to the N . Y. S . Police that she is not the first
person in this community that has been threatened and that she will not be bullied out of this
community. All the evidence has been turned over to the State Police and they have opened an
investigation. She is not taking this lightly and is appalled, has done nothing to deserve it and will
not stand for it.
Supervisor Horst said that he too is appalled by that happening and has seen an awful hostilities
around the Town of Danby but nothing he ever thought would go that far and thinks that it is terrible
that this type of thing can happen around here .
Pat Woodworth - said that there has been a lot of threats, a lot of personal attacks over the last year,
many of them involved the Community Council business . There is concern that Community Council
should not be doing anything, should not be providing any programs. There have been many people
involved basic programs, baby sitting and other programs who believe that positive things are going
on in Danby. She would like to reiterate the concern that nobody should receive personal threats and
that Judy has done an excellent job as president of Community Council. Her communication skills
are very good and she has a strong ability to communicate with adults, children, and all the program
it
participates. She deserves gratitude for all she has done .
Roger Hile - Travor Road - asked the Highway Superintendent if he was going to do something with
his road .
Ames Brown - 1840 Danby Road - it might be nice to have a motion of commendation for Madam
VanDermark' s fine work especially with the Jennings Pond Program .
Susan Beeners - thank you to Bill Farrell who mowed the adjoining lot next to the Town Hall .
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November 9, 1998
Insurance Quotes :
John Bailey from Bailey Insurance Agency submitted an Insurance Quote for providing insurance
to the Town of Danby and explained items in the proposal in detail .
Scott Harquist of Ithaca Agency submitted an Insurance Quote for providing insurance to the Town
of Danby and explained items in the proposal in detail .
COMMITTEE REPORTS :
EMC - Robert Roe reported : 1 ) the draft GEIS for the land use on the Southwest Park is now
available on the City of Ithaca Webb Site ; 2) there are plans for a seminar or workshop on trail
development in the County (intermunicipality hiking trails) ; 3 ) scope of work for water quality and
biological monitoring for Cornell Lake Source Cooling Project (NYS Speedies Permit; 4) Tompkins
County is considering a new communication system that is going to require additional cellular
communication towers .
Planning Board Report:
The last meeting of the Planning Board was a joint meeting of the Planning Board and the Town
Board on October 30, 1993 to hear preliminary reports on the Danby Survey . Rolf Pendall ' s
graduate class from Cornell University presented an excellent review of the project .
Highway Department Report - October 1999
Highway Superintendent William Hall responded to by Mr. Hile that he drives over the same roads
and knows that many need a lot of work that takes time , money and favorable weather that
sometimes we do not have . This isn ' t an eight hour a day job and I drive these roads at night too .
Code Enforcement Office Report
The Code Enforcement Officer said just to report that they are busy.
OLD BUSINESS :
S.P. C.A. Contract
Councilperson Steiner reported on a letter from John Spence, Director of the SPCA addressing the
concerns of Danby residents and the procedure of how complaints are handled.
Motion to Authorize Town Supervisor to Sign S .P. C.A. Contract
A motion was made by Councilperson Steiner and seconded by Councilperson Strichartz that the
Town Board of the Town of Danby authorizes Supervisor Horst to sign the S . P . C .A. Contract for
1999 to provide Dog Control services to the Town of Danby.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Approval Town Board Minutes Deferred
Town Board Minutes for September 14 and September 21 , 1998 and October 7, 1998 public hearing
and meeting minutes were deferred because Councilperson Gagnon has not read them .
NEW BUSINESS :
Motion to Approve Ithaca Agency as Insurance Agency
A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon that the
Town Board of the Town of Danby accept the Insurance Proposal from Ithaca Agency for the Town
of Danby for 1999 as presented November 9 , 1999 .
A roll call vote on the motion resulted as follows :
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November 9, 1998
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Tompkins County Committees :
Tompkins County Emergency and Fire Protection Board
Supervisor Horst said that he has forwarded the information to the Fire Commissioners to send to
the Danby Fire Department and West Danby Fire Department for their recommendation.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Recommendation for Appointment to the Tompkins County Hillview Road Citizen Advisory
Committe
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the
Town Board of the Town of Danby recommends the appointment of Tom Sachuck to the Tompkins
County Hillview road Citizens Advisory Committee if he is willing to apply .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Recommendation to Tompkins County for Tompkins County Youth Board
A motion was made by Councilperson Gagnon and seconded by Councilperson Inman that the Town
Board of the Town of Danby recommends to the Tompkins County Board of Representatives the
appointment of Judy VanDermark of 1432 Danby Road, Ithaca, New York, as a representative from
the Town of Danby to serve on the Tompkins County Youth Board .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Cayuga Lake Management Plan Committee
The Town of Danby has been invited to have a representative serve on the Cayuga Lake Watershed
Management Group . Robert Roe said he would serve if another person is not interested .
Councilperson Steiner asked the Town Clerk to submit an article in the Ithaca Journal and the Danby
Area News that the Town is looking for an interested resident to appoint to the Cayuga Lake
Management Plan.
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November 9 , 1998
Authorization for Supervisor to Sign the Recreation Youth Partnership Contract Renewal
A motion was made by Councilperson Strichartz and seconded by Councilperson Inman that the
Town Board of the Town of Danby authorizes the Town Supervisor to sign an agreement with the
Recreation Youth Partnership .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Revitalization Program Grant Application
A motion was made by Councilperson Gagnon and seconded by Councilperson Inman that the Town
Board of the Town of Danby approves the submission of the Revitalization Program Grant
Application to Tompkins County that includes the painting of the Town Hall, replacing the concrete
portico , improving the front driveway, including oil and stoning and to include the handicapped
accessible parking space .
Motion Withdrawn
After discussion Councilperson Gagnon withdrew his motion .
Approval to Submit Revitalization Grant Application
A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to approve
the Code Enforcement Officer to submit a Revitalization Grant Application to Tompkins County as
proposed.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Nay
Strichartz Aye
Horst Aye Carried
Motion to Extend Board Meeting
A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon to extend the
Town Board Meeting to 10 : 00 p . m.
LOCAL LAW NO. 5 OF 1998 - A Local Law Amending the Town of Danby Zoning Ordinance
relating to Adult Entertainment Businesses
RESOLUTION NO. 57 OF 1998
SEAR RESOLUTION RELATING TO THE LOCAL LAW AMENDING THE TOWN OF
DANBY ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT
BUSINESSES
By Councilperson Gagnon : Seconded by Councilperson Inman
WHEREAS, the Town Board of the Town of Danby is considering a proposed local law entitled "A
LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING
TO ADULT ENTERTAINMENT BUSINESSES" ; and
WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State
Environmental Quality Review Act) this Board has determined that it is the Lead Agency for
environmental review, and in that capacity has received, reviewed and considered a Short
Environmental Assessment Form with attached comments of the Town code Enforcement Officer;
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November 9 , 1998
and
WHEREAS, based upon such information and other relevant materials and studies submitted to the
Board this board has determined that proposed action will not have any significant environmental
impacts ;
NOW, THEREFORE, BE IT RESOLVED, that this Board determines that the adoption of the
proposed local law entitled "A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING
ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES" will have no
significant adverse environmental impacts and as a result no environmental impact statement is
required.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Discussion on Proposed Local Law No. 5 of 1998 - Amending the Town of Danby Zoning Ordinance relating
to Adult Entertainment Businesses
Discussion:
Councilperson Gagnon said that he has misgivings about this Local Law. He does not approve of where it is located
as it is practically in the middle of town.
Councilperson Steiner suggested that other sites be explored such as the Pirates Club , American Legion and the
Common Ground.
Councilperson Strichartz said that the Planning Board looked rather deeply into this . Obviously I don' t want one
of these things anywhere . We had an announcement in the paper, it has been posted on the sign board, and Mr.
Dobson came to a previous meeting and spoke to us about it .
Councilperson Steiner is concerned that the Town did not notify all the property owners adjacent to Mr. Dobson ' s
property as they were the people that were going to be affedted by this change in zoning.
Code Enforcement Officer Susan Beeners said that she sent a memo months ago to the Town Supervisor, Town
Attorney hinting at a proposed policy for notification of residnets within the Commercial Zone "C" , and the Town
Attorney responded orally to her memo that it was not a good idea because if you are changing something in your
zoning ordinance you don' t notify the residents in that area.
Councilperson Steiner said that he does not agree given the fact that we have itemized several negatives with regards
to what we are about to implement.
RESOLUTION NO . 58 OF 1998 - Adopted
RESOLUTION ADOPTING THE LOCAL LAW D BUSINESSES E TWN OF DANBY ZONING
ORDINANCE RELATING TO ADULT ENTERT IAMEN
By Councilperson Gagnon : Seconded by Councilperson Inman
WHEREAS , a resolution was duly adopted by the Town Board of the Town of Danby for a public hearing to bi
held by said To on November 9 , 1998 to hear all interested parties on a proposed local law entitled "A LOCA
LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO ADULT
ENTERTAINMENT BUSINESSES" ; and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal ; and
WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Danby and
all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local
law, or any part thereof; and
WHEREAS , pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental
. . . . , ,
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November 9 , 1998
Quality Review Act) it has been determined by the Town Board that adoption of said proposed local law would not
have a significant effect upon the environment and could be processed without further regard to SEQR; and
WHEREAS , a referral of the proposed local law was made to the Tompkins County Department of Planning
pursuant to Section 239-m and other applicable provisions of the General Municipal Law and said Department has
indicated that the proposal will have no significant deleterious impact on intercommunity interests and that the Town
! is free to act without prejudice ;
NOW, THEREFORE , be it
RESOLVED, that the Town Board of the Town of Danby hereby adopts said local law entitled "A LOCAL LAW
AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO ADULT
ENTERTAINMENT BUSINESSES" a copy of which is attached hereto and made a part of this resolution; and
it is further
RESOLVED, that the local law or an abstract or summary of same be published in the Ithaca Journal as soon as
practicable after its adoption; and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State
as required by law.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Nay
Strichartz Aye
Horst Aye Carried
Carried Unanimously
TOWN OF DANBY
LOCAL LAW NO. 5 OF THE YEAR 1998
A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE
RELATING TO ADULT ENTERTAINMENT BUSINESSES
Be it enacted by the Town Board of the Town of Danby as follows :
Section 1 . The Town board of the Town of Danby hereby finds that the presence of adult entertainment
businesses can have serious secondary effects on the general health, safety and economic well-being of the
community. As numerous studies , including the study by the Town ' s Planning Board, have demonstrated, the
presence of such uses in an area may lead to :
1 . Increased police activity near such uses ;
2 . Decline in surrounding property values ;
3 . Negative community perception;
4 . Physical deterioration of neighborhood character including blighting of surrounding commercial and
residential areas ;
5 . Loss of business for neighboring commercial uses ;
6 . Reluctance of non-adult related businesses to locate near adult use establishments ; and
7 . High levels of noise, nighttime activity, litter, and dust from parking lots near residential areas .
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November 9, 1998
The purpose of this law is to mitigate the secondary effects associated with such uses, and to provide for such
uses to occur only in areas where the secondary effects will have a lesser impact than would be the case in other
areas . The purpose is also to limit the accessibility of such uses to children . Before adopting this local law, the
Town Board has considered all possible options and is of the belief that this local law represents the least intrusive
method of controlling such secondary effects .
Section 2 . Considering the effects and purposes set forth in Section 1 above, the Zoning Ordinance of the i
Town of Danby as re-adopted, amended and revised, on December 11 , 1991 , and subsequently amended, be further I
amended as follows :
1 . Article VI, Section 603 entitled " COMMERCIAL TARGET AREA" ,
Subsection 4 entitled "COMMERCIAL ZONE " C"" , subparagraph (d) entitled "USES PERMITTED IN
A COMMERCIAL ZONE "C" BY SPECIAL PERMIT ONLY" is amended by renumbering sub-
subparagraph (xii) to be (xiii) and by adding a new sub- subparagraph (xii) reading as follows :
"(xii) Adult entertainment business, subject to the additional requirements set forth in Section 710 . "
II . Article VII entitled SPECIAL REGULATIONS is amended by adding a new Section 710
reading as follows :
" Section 710 - ADULT ENTERTAINMENT BUSINESSES . Adult entertainment businesses , when
permitted by other provisions of this ordinance, shall be subject to complying with the following requirements which
shall be in addition to any other requirements or considerations set forth elsewhere in this Ordinance :
1 . Receipt from the Planning Board of a special permit or same after submission and approval by the
Planning Board of a site plan, all in accordance with the provisions of Articles VIII and IX of this
Ordinance .
2 . The building in which the business is conducted , and the related parking areas , are located at least I
(a) 150 feet from any highway right of way line ;
(b) 250 feet from the boundary of any Residential Zone ;
(c ) 750 feet from any dwelling or public hiking trail ;
(d) 750 feet from the property boundary line of any church, school , library , community center ,
child care facility, government building, fire station, public recreation area, or any other
facility or area serving significant numbers of children and families, or where children and
families regularly congregate ; and
e) 1000 feet from the building and related parking area of any other adult entertainment
business or any establishment at which alcoholic beverages are sold ;
The distances provided hereinabove shall be measured by following a straight line, without regard
to intervening buildings , from the nearest building, parking lot boundary, or other structure of an
adult entertainment business, to the nearest point of the primary residential structure, public
recreation area, hiking trail, lot line, or zone boundary from which the adult entertainment business
is to be separated. E
is
3 . The building and lot upon which it is located comply in all other respects with the requirements set
forth in articles VIII and IX and with the requirements of Section 706, except as modified by this
local law and with the following further exceptions :
r; (a) If the type of adult entertainment business is one specified in Section 706 ,
the minimum
parking requirements shall be those set forth in such section for that type of structure (e . g .
if the adult entertainment business is a theater, there shall be one parking space for each five
seats) .
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November 9 , 1998
(b) If the type of adult entertainment business is not one specified in Section 706, the minimum
parking requirement shall be 300 square feet of parking area, including lanes and driveways,
for each 100 feet of floor area, exclusive of basements used for storage . (e . g . if the adult
entertainment business is a massage parlor, the minimum parking area shall be 300 square
feet for each 100 feet of floor area) . "
III. APPENDIX I entitled "DEFINITIONS" is amended by adding three new definitions entitled "Adult
,entertainment business", "specified anatomical areas" and "specified sexual activities" reading as follows :
"ADULT ENTERTAINMENT BUSINESS - A business involving one or more of the following :
(a) Adult arcades where , for any form of consideration, one or more motion picture projectors, slide
projectors, video cassette players, computers, or similar machines, for viewing by five or fewer
persons each are used to show films, motion pictures, video cassettes , slides, computer generated
images, or other photographic reproductions, which are characterized by emphasis upon the
depiction or description of specified sexual activities or specified anatomical areas .
(b) Adult bookstores which have as a substantial (50% or more) portion of its stock in trade and offers
for sale, for any consideration, any one or more of the following :
(I) Books , magazines, periodicals , or other printed matter or photographs, films, motion
pictures, video cassettes, slides or other visual representations, which are characterized by
an emphasis upon the depiction or description of specified sexual activities or specified
anatomical areas , or
(ii) Instruments , devices or paraphernalia which are designed for use in connection with
specified sexual activities .
(c ) Adult cabarets meaning any nightclub, bar (including establishments which do not serve alcoholic
beverages), restaurant, or similar establishment, which regularly features live performances
characterized by exposure of specified anatomical areas or by specified sexual activities or films,
motion pictures, video cassettes, slides or other photographic reproductions characterized by an
emphasis upon the depiction or description of specified sexual activities or specified anatomical
areas .
(d) Adult motion picture theater where , for any form of consideration, films, motion pictures, video
cassettes, slides or other photographic reproductions are regularly shown, and in which a substantial
portion of the total presentation time is devoted to the showing of material characterized by an
emphasis upon the depiction or description of specified sexual activities or specified anatomical
areas .
(e) Adult theater meaning a theater, concert hall , auditorium or similar establishment which, for any
form of consideration, regularly features live performances in which a substantial portion of the total
presentation time is devoted to the exposure of specified sexual activities or specified anatomical
areas .
(0 Massage parlor where, for any form of consideration, massage, alcohol rub, fomentation, electric or
magnetic treatment or manipulation of the human body is administered, unless by a medical
practitioner, chiropractor, acupuncturist, physical therapist, licensed massage therapist, or similar
professional person licensed by the state . This definition shall not be deemed to include an athletic
club, health club, school , gymnasium, reducing salon, spa or similar establishment where massage
or similar manipulation of the human body is offered as an incidental accessory service .
(g) Peep show where, for any form of consideration, persons may observe from individual enclosures
shows which regularly feature live performances characterized by exposure of specified anatomical
areas or by specified sexual activities or films , motion pictures , video cassettes, slides , computer
generated images, or other photographic reproductions characterized by an emphasis upon the
depiction or description of specified sexual activities or specified anatomical areas . "
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November 9, 1998
" 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; and
(b) Human male genitals in a discernible turgid state even if completely and 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 region, buttocks or female breast . "
Section 3 . 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 4 . This local law shall take effect immediately .
Motion to Adjourn Board Meeting to November 11 , 1998
A motion was made by Councilperson Strichartz and seconded by Supervisor Horst to adjourn the November 9 ,
1998 Board Meeting to Wednesday November 11 , 1998 to complete Town Business on the Agenda.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Abstained '
Strichartz Aye Carried
Horst Aye
Motion to Extend Board Meeting :
A motion was made by Councilperson Strichartz and a second was assumed by Supervisor Horst that the Town
Board extend the Board Meeting to 10 : 30 .
A vote on the motion resulted as follows :
Gagnon Nay
Inman Nay
Steiner Nay
Strichartz Aye Motion Defeated
Horst Aye
ADJOURNMENT :
A motion was made by Councilperson Strichartz and seconded seconded by Councilperson Inman to adjourn t
7 : 00 P .M . Wednesday , November 9 , 1998
Motion Carried .
The meeting adjourned at 10 : 00 P .M .
dia-61) , ' . gate 46.)
Carol W . Sczepai( e , Town Clerk
min- 11 -9-98