Loading...
HomeMy WebLinkAboutTB Minutes 1998-11-16 13F 12w TOWN OF ITHACA 21 o4� 126 EAST , SENECA ` STREET, ITHACA, NY. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 i SPECIAL TOWN BOARD MEETING November 16 , 1998 AGENDA 1 Call to Order. 2 . ' Pledge of Allegiance . 3. 5: 35 p. m . = PUBLIC HEARINGN To consider a "LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE . RELATING TO. ADULT ENTERTAINMENT BUSINESS, 44 Consider SEQR related to a "LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING. ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESS. 51 Consider enactment of a "LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESS . 6 . 5 :40 p.m . =' PUBLIC HEARING To consider a "LOCAL LAW. PROVIDING FOR LICENSING AND REGULATION OF ADULT ENTERTAINMENT BUSINESSES AND EMPLOYEES" . 78 Consider SEQR related to a " LOCAL LAW PROVIDING FOR LICENSING AND REGULATION OF ADULT ENTERTAINMENT BUSINESSES AND EMPLOYEES , 88 Consider enactment of a "LOCAL LAW PROVIDING FOR LICENSING AND REGULATION OF ADULT ENTERTAINMENT BUSINESSES AND EMPLOYEES" . 9 . Consider any additional business . 10 . Consider ADJOURNMENT . TOWN OF ITHACA TOWN BOARD NOVEMBER 16, 1998 5 : 30 P. M . At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County, New York eld at the Town Hall , 126 East Seneca Street, there were present: PRESENT: Catherine Valentino, Supervisor; Carolyn Grigorov, Councilwoman; David Klein, Councilman ; Ellen Harrison , Councilwoman ; Ed Conley, Councilman ; Mary Russell, Councilwoman ; John Wolff, Councilman , ALSO PRESENT: Joan Lent Noteboom , Town Clerk; John Barney, Attorney for the Town ; Daniel Walker, Town Engineer; Jonathan Kanter, Director of Planning . OTHERS : Fred Wilcox, 109 Juniper Drive; Alan Wood , 167 Calkins Road ; Richard Entlich, Linn Street; William and Patricia Potter, 1331 W. Danby Road ; Bob Kellogg, 287 Enfield Falls Road; Elizabeth Harness, WHCU ; Helen Shewchuck, 112 Winston Drive; Lauren Bishop, Ithaca Journal ; Constance Cook, 209 Coy Glenn Road ; Alfred Eddy, 544 Bostwick Road. Call to Order: The Supervisor called the meeting to order at 5 : 33 p. m . , and led the assemblage in the Pledge of Allegiance. Agenda Item No. 3 5 : 35 D. m. - PUBLIC HEARING - " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESS". (See Attachment #1 ) Supervisor Valentino. opened the public hearing at 5:35 p. m. The Town Clerk had proof of posting and publication. Councilwoman Russell gave a brief opening statement prior to hearing from the public. Councilwoman Russell - I have been hearing comments which . make me aware that people do not understand what the Town is trying to do . Currently, an adult business can locate any where within the Town of Ithaca. Under home occupations a massage parlor, escort service, or nude modeling studio would - be able to locate in our residential zones. The Town does not have a means to fight dult businesses . People have the impression the Town can fight them locating here one by one. he Town only has a site plan review ordinance which addresses traffic impacts and landscaping . ome people feel the Town will be creating a sanctuary for these businesses . There is no way businesses are going to look at it that way. We have created the most comprehensive set of regulations in the entire County. The zone does not require anyone to sell their land to these types of businesses . It adds a use to the existing Light Industrial zones. TOWN BOARD MINUTES 2 NOVEMBER 16, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 7, 1998 - APPROVED - APPROVED - APPROVED The Town is required by the way the Supreme Court of the United States has interpreted the first amendment to allow adult businesses and find a place for them in our community. There are two approaches towns can use to protect themselves from the negative secondary effects of adult businesses . Towns may create setbacks from their most sensitive features. Towns can also confine . businesses to certain zones. We have combined the two. The businesses are confined to the light industrial zone to minimize the impacts of these business on our residential , and commercial zones. A setback requirement has been incorporated . The Waldorf School is setback 880 feet from the adult zone. The most stringent setback requirement in any ordinance has been 1000 feet. Some people do not understand why the Town does not put this zone in the Agricultural Zone. We are trying to protect agriculture in the Town by not putting other businesses in that zone. - if we establish a zone that is strictly for adult entertainment it almost guarantees a business locating there. The Town is adding the use to the Light Industrial Zone. There is a good possibility we may never see this type of business. Another problem are the requirements the courts have put on cities and towns. In the last Court of Appeals case that looked at this issue the court stated , " land that is available for these businesses must be part of an actual zone" . Agenda Item No. 6 - 5 :40 a. m. - PUBLIC HEARING - " LOCAL LAW PROVIDING FOR LICENSING AND REGULATION OF ADULT ENTERTAINMENT BUSINESSES AND EMPLOYEES" . (See Attachment #1 Supervisor Valentino opened the public hearing at 5:40 p. m. The Town Clerk had proof of posting and publication. Supervisor Valentino announced both public hearings were open since they are related topics. Councilwoman Russell - The court stated the zone must be part of an actual business real estate market. The courts have considered such factors when determining this , such as accessibility to the general public, the surrounding infrastructure, and whether sites are suitable for generic commercial enterprise. That does not describe our agricultural zone . The regulations being considered are very extensive . They include a licensing requirement, and a no touching/contact requirement between performers and customers . There are requirements for nude modeling studios, no admission of children into these places . The hours of operation are limited , the age of the employees, and suspension/revocation of licenses are included . Jonathan Kanter, Town Planner showed the locations of the proposed zones on maps provided. Mr. Kanter - The two light industrial zones where adult uses will be permitted are on Elmira Road . One is off Mancini Drive and is south of Five Mile Drive, and the other is at the south end . of the Town adjacent to the Town of Newfield near Erhart Propane. This site includes over thirty acres and most of it is east of the Cayuga Inlet. The Mancini Drive site is about four acres and is primarily the area southwest of Mancini Drive and Route 13. TOWN BOARD MINUTES 3 NOVEMBER 16, 1998 APPROVED - APPROVED - APPROVED = DECEMBER 7, 1998 - APPROVED - APPROVED - APPROVED The distance setback has been increased to 280 feet allowing the sites to be 880 feet from the Waldorf School . The two light industrial zones are two of five town wide. There is another light industrial zone near the city boundary by the Cayuga Inlet. This area is too small and is eliminated by the setback requirements. The THERM site is eliminated because the zone must front on a State ighway, One additional Light Industrial zone off Route 366 was eliminated because of setback equirements. onstance Cook, 209 Coy Glenn Road - How could the Town of Lansing reject an Adult ntertainment law and the Town of Ithaca can't? Supervisor Valentino - The Town of Lansing passed an Adult Entertainment law this past week. It is a similar law. Attorney Barney - The Village of Lansing is developing a similar ordinance. Ms. Cook - The proposal was initially made in Lansing. Attorney Barney - What proposal? Ms. Cook - An Adult Entertainment business. Attorney Barney - I do not know if there is a proposed application. Councilwoman Harrison - An Adult Entertainment law was not rejected . A proposed Adult Establishment was rejected by the Planning Board. The rejection is based upon a law that they have. Supervisor Valentino - I have not heard of a proposal going in . front of the Town of Lansing . Richard Entlich , Linn Street - I am a parent of a third grader at the Waldorf School . Mr. Entlich read comments from his letter to Supervisor Valentino dated November 12, 1998. See Attachment #2. Mr. Entlich - No one wants an adult zone in their neighborhood. I am sure none of the Town Board members live near the Inlet Valley sites being proposed . The Town of Ithaca does not have, geographic representation . Each member does not represent a ward or district in the Town. Before voting , I would like each member to think how they you would vote if you lived in the Inlet Valley area. Could you honestly vote for your neighbors and the specific people you represent? laine Gries, 112 Glenside Road - My husband is nearing retirement age and we would like to sell ur house and move to a warmer climate. I feel this has a lot of impact on us. I know this is a ifficult issue, but other options should be explored . Ms. Gries read a statement from her neighbors, Beth and Dan Farr, who built a home on Hackberry Lane. They have two young children who attend the Waldorf School. . r TOWN BOARD MINUTES 4 NOVEMBER 16, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 7, 1998 - APPROVED - APPROVED - APPROVED "We are disappointed that our concerns regarding this issue have not been addressed by the board adequately. We suspect that alternative sites might have been suggested had any board members resided within close proximity to the two remaining proposed sites. " Ms. Gries - I have been a homeowner for twenty-five years and we have done a lot of work remodeling our house and raising our children there. I am very concerned about this rezoning and its secondary affects on the neighborhood . Helen Shewchuck, 112 Winston Drive - I am a retired school teacher and I adore children . I used to teach about godliness and righteousness within our culture. It sickens me that establishments such as Sirens are permitted , and that there are nude pictures on public access television . I know a number of parents who do not allow television in their homes because of this type of programming . Our culture is plunging downhill . The kind of behavior that goes on in these establishments is perverse. One of the dancers called her clients perverts. It feeds the type of appetite that resulted in the rape and murder of two young women in the past two years. It sickens me that we need to consider zoning for this type of business. William Potter, 1331 West Danby Road , Newfield - My wife and I are managers of Meadowbrook Mobile Home Park in Newfield , New York that is south of Erhart Gas. We have about two hundred families who live not more than a quarter mile away from that site. The biggest concern is there are a lot of children . There is already a bar nearby. This type of business would have a big effect on traffic and cause problems at the site . Shady Comers has already been redone because of traffic problems in the past. I think there is going to be huge traffic problems with vehicles going in and out without a traffic signal . Mr. Potter presented and read a letter from the tenants association. See Attachment #3. Mr. Potter - We feel that it is being thrown in our backyard . It is not in our township , but it is right next door. It boarders the Newfield/Ithaca town line. I do not know how Jim Raines will feel about this. Mr. Kanter - Do you know how far the park is located from the Ithaca/Newfield line? Mr. Potter - A quarter of a mile or less. Patricia Potter - Adult businesses have regulations as to what they are allowed to serve. They do not allow alcoholic beverages. There is a bar down the road and across from our community. We are afraid people will drink at the bar and then go back to the adult entertainment club. Attorney Barney - Is there any zoning in Newfield? Mr. Potter - I do not believe there is . TOWN BOARD MINUTES 5 NOVEMBER 16, 1998 APPROVED - APPROVED - APPROVED DECEMBER 7, 1998 - APPROVED - APPROVED - APPROVED Attorney Barney - Without zoning an establishment could locate itself right across the town line in Newfield . Councilman Klein - It would be more likely for a business to locate in Newfield . Ifred Eddy, 544 Bostwick Road - Is . the Town Board voting tonight to enact the .laws? This would- be good time to postpone the vote. upervisor Valentino - We have already postponed the vote before. Mr. Eddy - There is only a hedge row between our development and. the proposed Mancini site. There is a road that will go right to this site. Both sites are poor sites. The Erhart Site has beautiful lands and trees. Coming into Ithaca from the south people will see the adult " entertainment establishment. Do not spoil the beautiful valley that we have. There have been three establishments built on Route 15 in the last twenty years. The board should visit these sites. If we have to have a site , do not put it in the beautiful valley. We do not need it. My family is working hard to keep our property beautiful James Semp, 213 Dates Road - I am here to speak for the children at the school . Eight hundred eighty feet is about 0. 15 miles and about 2 1 /2 foot ball fields. I have looked at the site and it seems to be the best land for development of the proposed sites. There are barriers to development in the Erhart Site, and it is remote from the state highway. Mr. Kanter - Much of that site is on the east side of the inlet reservoir. Mr. Semp - The most stringent setback is 1 , 000 feet from a school . Why can't we be that stringent? Adding another 120 is nearly a quarter mile . Councilwoman Grigorov - Was the 1 , 000 feet in areas that did not . have zoning? Councilwoman Russell - Yes. It could locate 1 , 000 from any school or church in the Town . Mr. Semp - I have a petition signed by approximately 160 individuals, parents, faculty, administrators, and friends of children . See Attachments # 4 and 5. Mr. Semp - What is the red zone on the map and why was it not considered? t uncilwoman Russell - That location is across from Ithaca College. It is a very large area and hin walking distance of 7 , 000 students . We are responding to a law in New York State. The court proved New York City zoning that was 11 % of the city' s total land area . It was reduced to 4% en properties unlikely to be developed for commercial use were considered . It allowed 500 potential sites for adult businesses . The land area we are talking about is much smaller than that amount. To suggest to the board to reduce that !even further makes us nervous because of the legal sustainability. TOWN BOARD MINUTES 6 NOVEMBER 16 , 1998 APPROVED - APPROVED - APPROVED - DECEMBER 7, 1998 - APPROVED - APPROVED - APPROVED Mr. Semp - What legal precedent is there? Councilwoman Russell explained the legal precedent, and that many have been cited. Councilwoman Russell - It is the lead case in New York because it happened this year. It is the closest hint we have as to what the Courts of the State of New York will rule. We do not know what lower limit of land will be acceptable. We know that amount was all right. We know that what the Town of Ithaca is proposing is significantly less. Councilwoman Grigorov - If it is an inadequate amount the courts will overthrow the law and allow for these businesses to be put anywhere . We need to have an adequate amount of zoning available. Mr. Semp - The Town Board is comparing apples and oranges. The City of New York should not be compared to the Town of Ithaca . The Town of Ithaca does not need to do what the City of New York does. It would account for some of the difference. In the unlikely event that an Adult Entertainment Establishment would come onto either site, I can only think of the types of people who would make-up the increase in traffic in that area . I ask that you consider the impacts on Waldorf School . Would you want your own children to attend that school if an adult establishment were that close to it? Think about the impact on the school in terms of enrollment. The Town's efforts are appreciated in seeing to this issue. These types of businesses need to be curtailed . Supervisor Valentino closed the public hearing at 6.24 p. m. Supervisor Valentino - I appreciate the public acknowledging how difficult this is for the Town Board. We have put a lot of time and effort into this. We have looked at many alternatives. A great deal of time , effort and energy by staff, the Codes and Ordinance Committee and Town Board has gone into this proposal . This is a difficult issue to face under the laws of New York and the United States Constitution. The Town of Ithaca is not like the City of Ithaca they can use their total sales tax revenue . We receive sales tax as part of the total of the county. It comes to us in a different way. I think using the sales tax in the manner as described in one of the letters was a good point, but we can not consider it in the same way the City could . Councilman Wolff - The points made are strong and very well spoken . It is a difficult decision . There is no easy way out. Councilwoman Grigorov - The setback requirements will make the facilities isolated from the highways. Supervisor Valentino - The Town of Ithaca sign ordinance will be enforced . The regulations on the establishments will prevent some problems . TOWN BOARD MINUTES 7 NOVEMBER 16, 1998 APPROVED - APPROVED - APPROVED . DECEMBER 7, 1998 - APPROVED - APPROVED - APPROVED Councilwoman Harrison - The reality is that there are parcels in neighboring towns that could be easily turned into an adult entertainment site. If the Town of Ithaca passes these regulations they would be strong regulations that would make it difficult. I understand that people do not want it near em , but it is less likely given the proximity of towns with less zoning regulation . While we have a :led to have adult use zoning it is unlikely the Town of Ithaca will see such a use. ouncilman Klein - In my tens years on the Town Board, this is one of the most difficult issues to vote on because it is not a noble cause we are supporting . I think in the six months we have been considering these local laws we have responded as best we could to the public's concerns. We have made changes. Along with the zoning, we will be voting on the time, place, and manner restrictions to license such establishments. It is a remote chance, but the udo nothing" approach opens the entire town. In the Inlet Valley area there are many existing structures close to the road that could be suitable for these establishments. With the restrictions the actual area they can locate is restricted. Our sign ordinance does not allow off premises signing. If someone were to construct a building , their sign will be located on their property away from the highways. The Erhart Propane site is somewhat inaccessible by the way the highways have been reconstructed. The school can not be seen from the Mancini property because of the topography. We have a very extensive site plan review process in the Town of Ithaca. If someone were to have a proposal , issues such as traffic would be addressed by the Planning Board . The Town Board has tried to take into account everyone's concerns. These sites have not been selected because there are fewer voices. We are sympathetic towards residents. Councilwoman Harrison - The site has to have frontage on a highway but the building must be setback. If someone bought a parcel fronting on a state highway they would need to locate their building back, but the sign could be by the state highway. Mr. Kanter - They would need to meet the setback requirements of the sign. Councilman Klein - There are buildings in most of that area. Councilwoman Harrison - Councilwoman Russell has put a tremendous amount of work into these local laws . ouncilman Conley - Are there any existing buildings on the proposed sites that could be used for an dult Entertainment Business? Mr. Kanter - There are existing buildings , but they are not empty. On Mancini Drive one site has the Kolar Industries warehouse. The Erhart site has one building , but it is not the type of building an adult use would locate in . TOWN BOARD MINUTES 8 NOVEMBER 16, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 7, 1998 - APPROVED - APPROVED - APPROVED Councilwoman Russell - Is the Kolar warehouse empty? Mr. Kanter - There are no empty buildings . Councilwoman Harrison - This is not a zone where only adult uses will be allowed . We received letters from owners of both sites who said they were not interested in selling their property for that use. Mr. Walker - The Mancini site is not one tax parcel . There are several parcels. It is not one lot. Councilwoman Grigorov - I do think compensation for the residents in the neighborhood of an adult use should be considered because of the impacts they would suffer. Councilwoman Russell - It would be a problem because it is donation of tax money. Councilwoman Harrison - When the County was considering a landfill they did a host committee benefits resolution . It said if property values declined they would sell the Solid Waste facility. Attorney Barney - That was a County function performing a County activity which has an impact on values . Councilman Klein - If there is a negative impact on the property values the County would need to look at it. It is unlikely to happen . Councilwoman Russell - The idea of locating adult uses in the light industrial zone is to minimize the impact for the surrounding residential areas . Mr. Kanter - The Adult Use Study indicated that any documented reduction of property values happened only in cases where there was a heavy concentration of adult uses located in one area. It has not been documented in more remote or rural areas where one or two uses would locate. Agenda Item No 4 - SEQR " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESS. " (See Attachment #6) RESOLUTION NO. 198 - LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDIANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES. WHEREAS, this action is the enactment of a local law amending the Town of Ithaca Zoning Ordinance relating to adult entertainment businesses and WHEREAS, said proposed local law would establish regulations limiting the establishment of adult entertainment businesses to the Light Industrial zones of the Town which adjoin a State Highway, with additional distance requirements of 280 feet, separating adult uses from the property lines of churches or other places of worship, public or private schools, daycare centers or nursery schools, public parks, institutions of higher learning (including dormitory accommodations), and from the boundary of any other zoning districts; and TOWN BOARD MINUTES 9 NOVEMBER 16, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 7, 1998 - APPROVED - APPROVED - APPROVED WHEREAS, the Town Planning Department conducted a study, entitled "Adult Entertainment Use Study, " (April 61 1998, revised May 8, 1998), outlining the potential negative secondary effects associated with adult entertainment uses, and added a Second Addendum to the Adult Entertainment I h Use Study (October 14, 1998); and WHEREAS, the Town Planning Board, in a resolution dated October 20, 1998, recommended at the Town Board accept the study as adequately documenting the secondary effects of adult uses and enact the proposed "Local Law Amending the Town of Ithaca Zoning Ordinance Relating to Adult Uses', and WHEREAS, this is a Type I action for which the Town of Ithaca Town Board is legislatively determined to act as Lead Agency in environmental review with respect to the enactment of local laws, and WHEREAS, the Town Board, at a public hearing held on November 16, 1998, has reviewed and accepted as adequate the Long Environmental Assessment Form, . Parts I and II for this action; now, therefore, be it RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, an Environmental Impact Statement will not be required. MOVED Councilwoman Russell, SECONDED Councilman Wolff. A vote on the motion resulted as follows: ', Supervisor Valentino, aye; Councilwoman Grigorov, aye, Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye; Councilman Wolff, aye. Carried unanimously. Ac3enda iItem No. 5 - " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESS. " (See Attachment #7) RESOLUTION NO. 199 - LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES. WHEREAS, the Town, through the auspices of the Town Planing Department, has conducted a study on the secondary impacts of adult entertainment businesses; and WHEREAS, such study identified certain secondary effects of the establishment of adult entertainment businesses more specifically identified in the findings of the proposed local law referred Ito below, and WHEREAS, the Town 's Codes and Ordinances Committee, with the assistance of the Town Planner and the Attorney of the Town, drafted proposed legislation regulating adult entertainment TOWN BOARD MINUTES 10 NOVEMBER 16, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 7, 1998 - APPROVED - APPROVED - APPROVED enterprises to minimize the adverse secondary effects of such activities on the citizens of the Town and adjacent neighborhoods; and WHEREAS, members of the Town Board, Town Planning Board, Town Staff, and citizens of the Town have physically visited the areas in which the establishment of such enterprises may be permitted, and WHEREAS, a public hearing on an earlier draft of the legislation was held, and changes to the legislation were made in response to many of the concerns expressed at such hearing; and WHEREAS, additional study by the Planning Department, Codes and Ordinances Committee, Town Planning Board, Attorney for the Town, and Town Board have resulted in further notifications to . the proposed legislation, which modifications were recommended by the Planning Board in its resolution recommending the adoption of the local law presented to this Board for action at this meeting; and WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for another public hearing to be held by the Town on November 16, 1998; to hear all interested parties on the proposed local law entitled, "A LOCAL LAW AMENDING THE TOWN OF ITHACA 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 advertised time at the Town Hall of the Town of Ithaca 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 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 SEAR; and WHEREAS, the Town Board makes the findings set forth in said proposed local law and believes it is in the best interest of the Town and its citizens to adopt the proposed local law; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING THE TOWN OF ITHACA 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 Town Clerk be and she hereby is directed to enter said local law in the minutes of this meeting and in the Local Law Book of the Town of Ithaca, and to give due notice of the adoption of said local law by publication of such local law or an abstract or summary thereof in TOWN BOARD MINUTES 11 NOVEMBER 16, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 7, 1998 - APPROVED - APPROVED - APPROVED the Ithaca , Journal and by filing a copy of said local law . with the Secretary of State of the State of New York. MOVED Supervisor Valentino, SECONDED Councilwoman Russell. A vote on the motion resulted as ollows: Roll Call Vote: Supervisor Catherine Valentino, Aye; Councilwoman . Carolyn Grigorov, Aye; ouncilman David L. Klein, Aye; Councilwoman Ellen Harrison, Aye; Councilman Edward Conley, Aye, Councilwoman Mary Russell, Aye; Councilman John P. Wolff, Aye. Carried nanimously. Agenda Item No. 7 - SEOR " LOCAL LAW PROVIDING FOR LICENSING AND REGULATION OF ADULT ENTERTAINMENT BUSINESSES AND EMPLOYEES. " . (See Attachment #8) RESOLUTION NO. 200 - LOCAL LAW PROVIDING FOR LICENSING AND REGULATION OF ADULT ENTERTAINMENT BUSINESSES AND EMPLOYEES. WHEREAS, this action is the enactment of a local law providing for licensing and regulation of adult entertainment uses and employees; and WHEREAS, said proposed local law would establish licensing regulations for owners and employees of adult uses, and would institute time, place, and manner restrictions such as limiting hours of operation and regulation of interior configurations; and WHEREAS, the Town Planning Department conducted a study, entitled "Adult Entertainment Use Study" (April 6, 1998; revised May 8, 1998), outlining the potential negative secondary effects associated with adult entertainment uses, and added a Second Addendum to the Adult Entertainment Use Study (October 14, 1998); and WHEREAS, this is an Unlisted Action for which the Town of Ithaca Town Board is legislatively determined to act as Lead Agency in environmental review with respect to the enactment of local laws, and WHEREAS, the Town Board, at a public hearing held on November 16, 1998, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this action; now, therefore, be it RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act torthe above referenced action as proposed and, therefore, neither a Full Environmental ssessment Form nor an Environmental Impact Statement will be required. OVED Councilwoman Grigorov, SECONDED Councilman Conley. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye; Councilman Wolff, aye. Carried unanimously. TOWN BOARD MINUTES 12 NOVEMBER 16, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 7, 1998 - APPROVED - APPROVED - APPROVED Agenda Item No 8 - " LOCAL LAW PROVIDING FOR LICENSING AND REGULATION OF ADULT ENTERTAINMENT BUSINESSES AND EMPLOYEES. " (See Attachment #9) RESOLUTION NO. 201- A LOCAL LAW PROVIDING FOR LICENSING AND REGULATION OF ADULT ENTERTAINMENT BUSINESSES AND EMPLOYEES. WHEREAS, the Town, through the auspices of the Town Planing Department, has conducted a study on the secondary impacts of adult entertainment businesses, and WHEREAS, such study identified certain secondary effects of the establishment of adult entertainment businesses more specifically identified in the findings of the proposed local law referred to below, and WHEREAS, the Town 's Codes and Ordinances Committee, with the assistance of the Town Planner and the Attorney of the Town, drafted proposed legislation regulating the operation of adult entertainment enterprises and licensing of operators and employees to assist in minimizing the adverse secondary effects of such activities on the citizens of the Town and adjacent neighborhoods; and WHEREAS, members of the Town Board, Town Planning Board, Town Staff, and citizens of the Town have physically visited the areas in which the establishment of such enterprises may be permitted, and WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for another public hearing to be held by the Town on November 16, 1998, to hear all interested parties on the proposed local law entitled, "A LOCAL LAW PROVIDING FOR LICENSING AND REGULATIONS OF ADULT ENTERTAINMENT BUSINESSES AND EMPLOYEES'; and WHEREAS, notice of the date, time, and purpose of said public hearing was duly advertised in the Ithaca Journal and posted on the Town 's bulletin board; and WHEREAS, said public hearing was duly held on said date and advertised time at the Town Hall of the Town of Ithaca 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 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 SEAR; and WHEREAS, the Town Board set forth in said proposed local law the purpose of same an certain findings made by the Board, and believes it is in the best interests of the Town and its citizens to adopt the proposed local law, NOW THEREFORE, BE IT TOWN BOARD MINUTES 13 , NOVEMBER 16, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 7, 1998 - APPROVED - APPROVED = APPROVED RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW PROVIDING FOR LICENSING AND REGULATIONS OF ADULT ENTERTAINMENT BUSINESSES AND EMPLOYEES'; a copy of which is attached hereto and made a part of this solution; and it is further RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law in the inutes of this meeting and in the Local Law Book of the Town of Ithaca, and to file a copy of said ocal law with the Secretary of State of the State of New York. MOVED Councilwoman Russell; SECONDED Councilman. Wolff. A vote on the motion resulted as follows: RoN Call Vote Supervisor Catherine Valentino, Aye; Councilwoman Carolyn Grigorov, Aye; Councilman David L. Klein, Aye; Councilwoman Ellen Harrison, Aye; Councilman Edward Conley, Aye; Councilwoman Mary Russell, Aye; Councilman John P. Wolff, Aye. Carried unanimously. Special Attachment regarding "Sirens" . See Attachment #10. Agenda Item No. 10 = ADJOURNMENT: As there was no further business to come before the Town Board, a motion was made by Councilwoman Harrison , seconded by Councilman Klein to adjourn . Carried unanimously. Supervisor Valentino adjourned the meeting at 6: 45 p. m . Respectfully submitted , Joan Lent Noteboom , Town Clerk *NEXT REGULAR MEETING - December 7 , 1998 at 5: 30 p. m . **SPECIAL MEETING - December 31 , 1998 at 10: 00 a. m. **Minutes Transcribed by Carrie L. Coates . ,yG 320 Linn St. Ithaca, NY 14850 1 R November 12 , 1998 Ms. Catherine Valentino 126 E . Seneca St. Ithaca, NY 14850 Dear Ms . Valentino : On Monday, November 16, members of the Ithaca Town Board face a decision whether to accept or reject the recommendations of the Planning Board regarding the designation of adult entertainment (hereafter, AE) zones . I am writing as a parent of a third-grader at the Waldorf School of the Finger Lakes, a private elementary school located in close proximity' to one of the proposed zones . First, let me say that I appreciate the effort the town has made, including that of Planning Dept. staff. the Planning Board, the Town Board and the Codes and Ordinances Committee . It is clear that substantial effort has been made , over an extended period, to thoroughly research the issue and attempt to find an effective, legal solution. . I am grateful that at its October 20 meeting, the Planning Board was willing to accept a modification to the proposed zones which increased the minimum distance from one of the zone's borders to the Waldorf School from a little over 300' to around 800' . If the Town Board decides to accept the location of the proposed zones , I hope it does so with that modification intact. Second, let me say that I recognize the difficulty of the decision you face. This is not a situation where hard work, cleverness or best intentions can produce a win-win outcome . The Town ' s own Adult Entertainment Use Study acknowledges that areas around AE businesses suffer secondary impacts such as reduced property value . and increased noise. litter and police activity . Since AE businesses cannot be banned outright. doing nothing leaves the entire town potentially vulnerable to these secondary impacts . Establishing designated zones frees most of the town from the threat of such impacts, but it does so by containing the threat. not eliminating it. It cannot rationally be asserted that one location for AE zones is as good (or bad) as any other. Differences in the density of residential development, the number and type of religious , educational and child care institutions, etc . , mean that the overall impact will vary from one area of the town to another. But this doesn't mean that the level of impact on those who are affected will be any less. It only means that the number of residents and institutions feeling those impacts is smaller. Ultimately , and perhaps inevitably , the only zones still under consideration out of those initially proposed are the two Inlet Valley sites . The others have been eliminated, following considerable objection from neighbors , for reasons such as the proximity to residences and schools for young children. Precisely the same flaws exist in the Inlet Valley sites. The only difference is that there are fewer voices in Inlet Valley to protest them. I have signed a petition asking you to drop the Inlet Valley sites from consideration . But I frankly have little hope that any of you will vote to do so . So I ask you at least to recognize and acknowledge what it is you do by approving these zones : (please turn over) Attachment # 2 t • You threaten and stigmatize the residents and institutions of Inlet Valley . Designation alone will have consequences, even if no AE business actually locate in the AE zones ; • You are potentially contributing to the decline of a portion of the town ; • You are protecting the many by jeopardizing the few ; • And you are doing so by taking the path of least resistance. Therefore , should you decide to approve this plan, you incur a debt to those whom you are r asking to shoulder this burden on behalf of the entire town. That debt carries certain responsibilities: • To insure rigorous application of the town's zoning ordinance, site plan review , special approval process and sign law to any and all AE businesses; • To proceed with all due speed to develop time, place and manner regulations for AE businesses and insure that a mechanism is in place for effective enforcement of such regulations before any AE businesses are established; • To consider other mitigating actions, including financial ones, e. g. • Fund a study to determine whether designation of the AE zones affects resale value of nearby homes and properties, length of time to sale, or the amount or type of new development in the area • Write into law a provision that should an AE business eventually locate in one of the designated zones, the town will allocate funds (including possibly a portion of the town's share of sales tax revenue generated by that business) to be used for measures . to alleviate secondary impacts in the surrounding neighborhoods. I thank you for giving serious consideration to the above concerns . Sincerely, Richard Entlich October 281 1998 At a regular meeting of the MEADOWBROOK RESIDENT HOMEOWNERS ASSOCIATION held on Monday, October 26; 1998, at the Newfield Town Hall, the following resolution was unanimously adopted: "We, as members of the MEADOWBROOK RESIDENT HOMEOWNERS ASSOCIATION, do unanimously support William (Bill) Potter, Manager of Meadowbrook Mobile Home Park, in strongly objecting to) the .proposed zoning of a location adjacent to Ehrhart Propane near the intersection of Routes 13 and 34/96 as a site for an Adult Strip Club or Entertainment Club . It is very near a highly-populated mobile home park with many children. It would also create a very dangerous traffic situation. " 6 Log Peter, Chairperson Attachment # 3 �1OV 1 21998 213 Dates Road Lansing, NY 14882 November 9, 1998 Ms . Catherine Valentino Town of Ithaca Supervisor 126 E . Seneca St. Ithaca , NY 14850 Dear Ms Valentino : Greetings! I would like to bring to your attention an issue of concern to the Waldorf School of the Fingerlakes on Five Mile Drive in the Town of Ithaca. As you are well aware , the Town of Ithaca is attempting to limit Adult Entertainment businesses in the town through zoning and regulation . Unfortunately , a parcel on Mancini Drive , which was identified for such zoning by the planning board, is located approximately 800 feet from the Waldorf School of the Fingerlakes , an institution of learning for children . Despite the fact that many other municipalities have allowed placing of such businesses at a distance of 500 feet from schools, I see no need for the town of Ithaca to follow suit, even at 800 feet. 800 feet is too close to the Waldorf School or any school. Myself, as a parent, along with fellow parents, faculty, administrators , friends and neighbors of .the school are actively petitioning for the removal of the Mancini Drive . parcel for consideration for adult entertainment zoning . I would like to express dismay as to how the neighborhood community on Five Mile Drive, however unwittingly, was left in the dark regarding rezoning until about ten days before the Ithaca Town Planning Board public hearing on adult entertainment zoning on 10/20/98 . The Town of Ithaca , however unwittingly, appears to have targeted such zoning in the least politically connected areas in the town . In this case , some of the citizens without a voice turn out to be the children of the Waldorf School , and for these children I am writing to you today . I implore you and the . Ithaca Town Board to consider the consequences for the young children attending the Waldorf School even in the unlikelihood that such a business will locate on Mancini Drive . I ask you and the members of the Ithaca Town Board to think of the child who would be going to " the school by the strip club " and think of them as your child . Think also of the demographic makeup of the increased traffic in Attachment # 4 the proximity to your childs school . Think again . Think about how the increased traffic of such people visiting such a business 800 feet from your childs school would make you feel about your childs safety in that area. Think again . I recommend that you ask the Town of Ithaca Planning Board to go back to the drawing board and reexamine the current industrial zoned areas of the town to find alternative zoning areas for adult entertainment. However, in the rush to confine adult entertainment businesses, you should not forget, on the contrary should seek to protect, those without a voice : the children of the Waldorf school. I strongly urge you and the Ithaca Town Board to move ahead with regulation of adult entertainment in the town . There is no reason why the Town Board cannot move to pass the package of regulations concerning the operation of adult entertainment businesses in the Town of Ithaca. However, ' do not pass these regulations thinking that you have it made. The adult entertainment regulations may present a severe barrier for most investors, but are not insurmountable and may merely be a cost of doing business for the financially able and determined entrepreneur wishing to site such a business on Mancini Drive , currently the most attractive of the two proposed areas . In conclusion, please do not rush into an adult entertainment zoning situation that is not only unpalatable, but which may actually endanger children at the Waldorf School and that may later be regretted . Please remove the Mancini Drive parcel from consideration for adult entertainment zoning . Thank You . Sincerely, James E . Semp, WSOFL External Affairs Liason and Waldorf Parent THIS PAGE IS A PETITION MADE BY THE WALDORF SCHOOL TO SHOW OPPOSITION TO THE PROPOSED ADULT ENTERTAINMENT SITE WHICH IS APPROXIMATELY 800 FEET FROM THEIR PLAYGROUND AND SCHOOL . IF YOU WOULD LIKE TO JOIN THEM IN THEIR OPPOSITION TO THE TOWN'S PROPOSED SITE , PLEASE SIGN THIS PETITION AND ASK OTHERS TO AS WELL , IF YOU WISH , AND MAIL IT TO : THJE WALDORF SCHOOL OF THE FINGERLAKES , 855 FIVE MILE DRIVE , ITHACA , NEW YORK 14850 . OR BRING IT WITH YOU TO THE TOWN MEETING ON MONDAY , NOVEMBER 16 25 : 30 PM . (TO BE H $ A TK U L5 3 TOWN OF ITHACA BOARDROOM AT 126 E. SENECA ST.) MN I 1 08 10,1041 OF ITHACA e1 p,hi�! ! �d;:, iOD:!tvG, F.NGI�iEER!tvG i Be it declared that , we , the parents , faculty , administrators , and friends of the Waldorf School of the Fingerlakes :.located ' at :, 855 Five Mile Drive , Ithaca NY 148501 and ! our su Comm unity . neighbors hereby request v. .that the property on Mancin�t oad , Town of Ithacaovhich was recommended for zoning for adult enti a dhien.t uses by theL Town of Ithaca Planning Board after a public hearing on 10/ 20/ 98 and which lies approximately 800 feet from said Waldorf School , be removed from consideration for such zoning , It is hereby declared., unitedly , that it is unconscionable to zone the above described area on Mancini Road , Town of Ithaca , for adult entertainment purposes at such an inordinate proximity to an institution of learning for young children . Name Address Signature ( � ix`:a�s . y�.ct � •� '�� tiK �.t � c c.� t t, i-h..: 4.i� ;xi : � : 1�� <C� -7 1 N CmC- Attachment # 5 Be it declared that , we , the parents , faculty, administrators , and friends of the Waldorf School of the Fingerlakes , located at 855 Five Mile Drive , Ithaca NY 14854 , and our supportive community neighbors hereby request that the property on Mancini Road , Town of Ithaca, which was recommended for zoning for adult entertainment uses by the Town of Ithaca Planning . Board after a public hearing on 10/20/ 98 and which lies approximately 844 feet from said Waldorf School, be removed from consideration for such zoning . It is hereby declared , unitedly , that it is unconscionable to zone the above described area on Mancini Road , Town of Ithaca , for adult entertainment purposes at such an inordinate pcox1mity to an institution of learning for young children . Name Address Signature �&Q MrAl rA &l ' CLVC( - ✓ liq I v7 pur (AA c G tolll�� Q WW 2. �(A.Y►'H Gtir 7� (,yy � � V. ,ice \ — J,f�1•� ht F' � Lf � � r� crlG I C ' n �•� t�� ✓ `, G`-` Be it declared that , we , the parents , faculty , administrators , and friends of the Waldorf School of the Fingerlakes , located at 855 Five Mile Drive , Ithaca NY 14850 , and our supportive community neighbors hereby request that the property on Mancini Drive , Town of Ithaca , which was recommended for zoning for adult entertainment uses by the Town of Ithaca Planning Board after a public hearing on 10/ 20/ 98 and • which lies approximately 800 feet from said Waldorf School , be removed from consideration for such zoning . It is hereby declared , unitedly , that it is unconscionable to zone the above described area on Mancini Drive , Town of Ithaca , for adult entertainment purposes at such an inordinate proximity , to an institution of learning for young children . Name Address Signature P� ` " % w ° 1 Y(..`1Ad B . ! nL 0 ip < If L41 l ,� s- �,C.�C,i�• -; c u� `7 ( ci v, tit '�d 1 =1 I—t-Gc—• i Lai W hi&Lat I 12 r The signatures below indicate agreement with the petition statement on page one requesting removal of the Mancini Drive property from consideration from adult entertainment zoning due to proximity to the Waldorf School of the Fingerlakes Thank you Name Address Signature phone/email 41 1 � ma om - ss2 D14 al t '1 ! ,� F �t �� �— !i ?y — 3 S L ' O 0 i 3e� rbciin French - Cc ;a ULJF F"R EKJCH C � to OP 4= k oil a /Os A)e 5 . Jj 'Uro k/k-i U Aj hi 6( C ( 4( c G .. l 0 I _ , IV � ' `{ i The signatures below indicate agreement with the petition statement on page one requesting removal of.. the Mancini Drive property from consideration, from adult entertainment, zoning due to proximity to the Waldorf School of the Fingerlakes Thank you Name Address Signature hon a it ME�b�N SLWU 1C o x Leo 000� 41 �.a. 3* 4-7C `( o� 140,00 7S � .. 1:, k'Q , b Ny 14e�3 ti J /Par f l c (( Q C�t,r^ �� AI t,.,r ri , VLF TZ 2W vzv tZS vk t. CA a lcyeiq. 06k t6�145 tt 1 13 � -11 " "e vzek �'7A4 o". ��- ? S C ) - -::L 4�y 01 r , v � I ION ? c/_ t ac AJ NJ /506 V `� 4 14 s��i The signatures below indicate agreement with the petition statement on page one requesting removal of the Mancini Drive property from consideration from adult entertainment zoning due to proximity to the Waldorf School of the Fingerlakes Thank you Name Address Signature hone/email x' o U,` i' eG '?S ` &,7 An L 7 ��1-zr Imo' • Gam bill 1 u . Q� � a (� K �cb �, !ln( I �f 8'YI 31 1 5 . r nJ ' L .i.. L V JV 14 CC r 4 /V r 1 wl— .J i 1 Z 1 ctu 41 .x- 7g' J ICLLi( a/ LL f { c ack ( 'fib' 50 33 y 11r =IV S' O U L4 956 710:1 F 17 L / ' � a �- ! � • � `'l�l r l. i.• � it N ' /- � �s � � � a �w ba kcZ . �vm The signatures below indicate agreement with the petition statement on page one requesting removal of the Mancini Drive property from consideration from adult entertainment zoning due to proximity to the Waldorf School of the Fingerlakes Thank you Name Address Signature hone/email #46& H 33T 114 7 CLPIIII. T `!1 \1 � � 4\ �^ i�, ttl S � �- tC: 3 � tl� � �\ Q �l n t�:�l � t V�• � �" �1� � Ci �-7 ���s� 7 a / f � 1TlthCaA N . i t / J 1 (� . `. i �. � 'i�i. V. �i, _ . ': . L '� :� ..� �'.i t% r .l. : ' �Ji / i / ~� t ; 11cc-es C—\, �1; v 617 IIIqIIP / or I It 6 rc_ Il PA Vi JAA %4g 5 ( 6 YOL :i NL fN Ctr���� l � ) tS 1 . 6 ) V Y The signatures below indicate agreement with the petition statement on page one requesting removal of the Mancini Drive property from consideration from adult entertainment zoning due to proximity to the Waldorf School of the Fingerlakes Thank you Name Address Signature hone/email LAIr l�G'►� Flo krdm 13 cti . ►AC S ` � 2 Z - o The signatures below indicate agreement with the petition statement on page one requesting removal of the Mancini Drive property from consideration from adult entertainment zoning due to proximity to the Waldorf School of the Fingerlakes Thank you Name Address Signature phone/email rbdi ! V; N O% S%W C&^OL PO GvIbtAcoJ 13Ia COPrA aa I Be it declared that , we , the parents , faculty , administrators , and friends of the Waldorf School o£ the Fingerlakes , located at 855 Five Mile Drive , Ithaca NY 14850 , and our supportive community neighbors hereby request that the property on Mancini . Road, Town of Ithaca , which was recommended for zoning for adult entertainment uses by the Town of Ithaca Planning Board after a public hearing on 10/ 20/ 98 and which lies approximately 800 feet from said Waldorf School, be removed from consideration for such zoning. It is hereby declared , unitedly , that it is unconscionable to zone the above described area on Mancini Road , Town of Ithaca , for adult entertainment purposes at such an inordinate proximity to an institution of learning for young children . Name Address Signature J n v 'A ku, JH C�J Lo An T Glr � CJ �f � ( � � build W w a^'' Baca. ��,(' �.'� �� A �V 1 � M ►�v; S aIf 10 S� b6 , 1% Aj 1tvit 7Z 52 1 rt � ^fy6e THIS PAGE IS A PETITION MADE BY THE WALDORF SCHOOL TO SHOW OPPOSITION q• .V: rte, TO THE PROPOSED ADULT ENTERTAINMENT SITE WHICH IS APPROXIMATELY 800 FEET FRO -.1v1 THEIR PLAYGROUND AND SCHOOL . IF YOU WOULD LIKE TO JOIN THEM IN THEIR OPPOSITION TO THE TOWN'S PROPOSED SITE , PLEASE SIGN THIS PETITION AND ASK OTHERS TO AS WELL, IF YOU WISH. AND MAIL IT TO : THJE WALDORF SCHOOL OF THE FINGERLAKES , 855 FIVE MILE DRIVE . ITHACA , NEW YORK 14850. OR BRING IT WITH YOU TO THE TOWN :MEETING ON MONDAY , NOVEMBER 16 245 : 30 PM . (TO BE HELD AT THE TOWN OF ITHACA BOARD ROOM AT 126 E. SENECA ST.) Be it declared that , we , the parents , faculty , admiigtratnrc , and �rior, r� c �f t1, o jl� ldo �r �' ' �^ of the vr .uv t hAw M a v Fingerlakes :. located at . 855 . Five Mile Drive , Ithaca NY 14850 , and our supportive community neighbors hereby request t hat the property on Mancini Road, Town of . Ithaca; -,Vnich was recommended for zoning for adult en tertair=ent uses by the Town of Ithaca Planning Board after a public hearing on 10/20/98 and which lies approximately 800 feet from said Waldorf School, be removed from consideration for such zoning . It is hereby declared , unitedly , that it is unconscionable to zone the above described area on Mancini Road , Town of Ithaca , for adult entertainment purposes at such an inordinate proxormty to an institution of learning for young children . Name Address Si nature C1 r 1 �r ' °• ?r li, c� y� woo r (Q rq c�v 7 4 &.37 44 ' . ore 1 It V The signatures below indicate agreement with the petition statement on page one requesting removal of the Mancini Drive property from consideration from adult entertainment zoning due to proximity to the Waldorf School of the Fingerlakes Thank you Name Address Signature A hone/email /.7/ o c� S Ctc sfi ,2 z,L. 2 73 ` cjS Pk, Z WA-Z , 3� K2 0&4 6 , ju SosS � L„� a Ste . i- a�a - bi96 U Be it declared that , we , the parents , faculty , administrators , and frie-hds of the Waldorf School of the Finglerlakes • : located at 855 Five Mile Drive Ithaca NY r: 148509 . and .our supportive community neighbors hereby: request =,. that the property on 11�ancini Road , T4Wn , tR ,.: = of :: Ithacaiawhich was recommended far zoning for adult eAterta'm imexiit : uses-. by - the Town of Ithaca PlannYng Board after a public' hearing on 10/20/98 and which lies approximately 800 feet from said Waldorf School, .. be removed from consideration for such zoning , ared , unitedly, that it is unconscionable It is hereby decl to zone the above described area on Mancini Road , Town of Ithaca; :for adult entertainment purposes at such an inordinate proxu=ty to an institution of learning for young children . NR a Address �� • �.,;. S na ure -�" . ` .�L�ir '('� r`ii. yip ' I 'Yr. • .- '1 .' i / .:.1 M1 M i - 1. V l �►-5 f AfC Be it declared that , we , the parents , faculty , administrators , and friends of the Waldorf School of the Fingerlakes , located at 855 Five Mile Drive , Ithaca NY 14854 , and our supportive Comm unity neighbors hereby request that the property on Mancini Road , Town of Ithaca, which was recommended for zoning for adult entertainment uses by the Town of Ithaca Planning Board after a public hearing on 10/20/98 and which lies approximately 800 feet from said Waldorf School, be removed from consideration for such, zoning , It is hereby declared , unitedly , that it is unconscionable to zone the above described area on Mancini Road , Town of Ithaca , for adult entertainment purposes at such an inordinate proxinuty to an institution of learning for young children . Name Address Sin re � 5 C Not 1 i Be it declared that , we , the parents , faculty , administrators , and friends of the Waldorf School of the Fingerlakes , located at 855 Five Mile Drive , Ithaca NY 14850 , and our supportive community neighbors hereby request that the property on MancM1 Road, Town of Ithaca,*. which was recommended for zoning for adult entertainment uses by the Town of Ithaca Planning Board after a public hearing on 10/20/98 and which lies approximately 800 feet from said . Waldorf School, be removed from consideration for such zoning . It is hereby declared , unitedly, that it is unconscionable to Zone the above described area on Mancini Road , Town of Ithaca , for adult entertainment purposes at such an inordinate proximity to an institution of learning for young children . Name Address Signature n �r ._, PTl-f /L � / .' Be it declared that , we , the parents , faculty , administrators , and friends of the Waldorf School of the Fingerlakes , located at 855 Five Mile Drive , Ithaca NY 14850 , and our supportive community neighbors hereby request that the property on Mancini Road , Town of: Ith`aca - which was recommended for zoning for adult entertainment uses by the Town of Ithaca Planning Board after a public hearing on 10/20/98 and which lies approximately 804 feet from said Waldorf School, be removed from consideration for such zoning . It is hereby declared , unitedly, that it is unconscionable to zone the above described area on Mancini Road , Town of Ithaca , for adult entertainment purposes at such an inordinate proxitnity to an institution of learning for young children . Name Address Si nature .t � THIS PAGE IS A PETITION MADE BY THE WALDORF SCHOOL TO SHOW OPPOSITION _ TO THE PROPOSED ADULT ENTERTAINMENT . SITE WHICH IS APPROXIMATELY 800 FEET FROM THEIR PLAYGROUND AND SCHOOL . IF YOU WOULD LIKE TO JOIN THEM IN THEIR OPPOSITION TO THE TOWN'S PROPOSED SITE , PLEASE SIGN THIS PETITION AND ASK OTHERS TO AS WELL, IF YOU WISH. AND MAIL IT TO: THJE WALDORF SCHOOL OF THE FINGERLAKES , 855 FIVE MILE DRIVE , ITHACA, NEW YORK 14850 . OR BRING IT WITH YOU TO THE TOWN MEETING ON MONDAY, NOVEMBER 16 @5 : 30 PNI . (TO BE HELD AT THE TOWN OF ITHACA BOARD ROOM AT 136 E . SENECA ST.) Be it declared that , we , the parents , fac�: Yt-r, administrators , and friends of the Waldorf School of the � Fiagerlakes located at 855 Five Mile Drive, Ithaca NY 14850 , and our supportive community neighbors hereby request that the property on Mancini Road, Town of Ithaca, ::which was recommended for zoning for adult entertainment uses by the Town of Ithaca Planning Board after a public hearing on 10/20/98 and which lies approximately . 800 feet from said Waldorf School , be removed from consideration for such zoning . It is hereby declared , unitedly, that it is unconscionable to zone the above described area on Mancini . Road , Town of Ithaca , for adult entertainment purposes at such an =nordia-gate proxlxnity to an institution of learning for young children . Name Address Signature _ , 1.;� ► /',j� ;i � /�1, ,� ..�► ,;-1 ! ,'•ter/'� —� /, J %! ,l_ ^� , �� ,l _ � .,;. ;� . , � � .: ;L - ' �� ei'j - �- f�- �. THIS PAGE IS A PETITION MADE BY THE WALDORF SCHOOL TO SHOW OPPOSITION f 14 4 TO THE PROPOSED ADULT ENTERTAINMENT SITE WHICH IS APPROXIMATELY 800 FEET FROM THEIR PLAYGROUND AND SCHOOL . IF YOU WOULD LIKE TO JOIN THEM IN THEIR OPPOSITION TO THE TOWN'S PROPOSED SITE , PLEASE SIGN THIS PETITION AND ASK OTHERS TO AS WELL , IF YOU WISH, AND MAIL IT TO: THJE WALDORF SCHOOL OF THE FINGERLAKES, 855 FIVE MILE DRIVE, ITHACA , NEW YORK 14850 . OR BRING IT WITH YOU TO THE TOWN MEETING ON MONDAY , NOVENIBER 16 ..5 : 30 P1(I . (TO BE HELD AT THE TOWN OF ITHACA BOARD ROOM AT 136 E. SENECA ST.) Be it deelafed that , we , . the parents , faculty , administrators , and friends of the Waldorf School of the Fingerlakes located * at 855 Five Mile Drive , Ithaca NY 14850 , and ::our supportive community neighbors hereby request ...that the property on Mancini Road, Town of:' Ithaca, j.which was recommended for zoning for adult entertamm*ent uses by the Town of Ithaca Planning Board after a public hearing on 10/ 20/ 98 and which lies approximately 800 feet from said Waldorf School, be removed from consideration for such zoning , It is hereby declared , unitedly , that it is unconscionable to zone the above described area on Mancini Road , Town of Ithaca , for adult entertainment purposes at such an inordinate proxxrmty to an institution of learning for young children . Name Address Signature &Z%/W d DI�7V fi�2 S ter/, / A- �x t,,40�� ;(.o I LtDL -CAT • V — + _ ) (2/871 61 T+21 Appendix A SEAR State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition , many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts : Part 1 : Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3 . Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action . It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE — Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: M Part 1 Part 2 ❑ Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: �i A . The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B . Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared. ' ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be , prepared. ' A' Conditioned Negative Declaration is only valid for Unlisted Actions Local Law Amendirncr the Town of Ithaca Zoning Ordinance Relating to Adult Businesses Name of Action Town of Ithaca Town Board Name of Lead Agency 4 Catherine Valentino Town Sun ervisor Print or Type Name of Responsible Officer in Lead Agency Title of Responsib! .., Officer a C4 � : L..Arn,-,Xr Signature of Responsible Officer in Lead Agency Signature of Preparer ( If different from responsible officer) Date 1 Attachment # 6 5 . Approximate percentage of proposed project site with slopes: $0-10 % 60 %'° C10-15 % % Is o% or greater 40 °o 6 . Is project substantially contiguous to , or contain a building, site, or district, listed on the State or the National Registers of Historic Places ? CYes K N o 7 . Is project substantially contiguous to a site listed on the Register of National Natural Landmarks ? . Y*t Zbcp 8 . What is the depth of the water table ? Y jag ( in feet) 9 . Is site located over a primary, principal , or sole source aquifer? CYes t' No 10 . Do hunting, fishing or shell fishing opportunities presently exist in the project area ? CYes Lt No 11 . Does project site contain any species of plant or animal life that is identified as threatened or endangered Ute:1 MWO According to Identify each species 12 . Are there any unique or unusual land forms on the project site ? ( i . e. , cliffs, dunes, other geological formations ) CYes XZNo Describe 13 . Is the project site presently used by the community or neighborhood as an open space or recreation area ? CYes ® No if yes, explain 14. Does the present site include scenic views known to be important to the community ? CYes UNo 15 . Streams within or contiguous to project area : Cayuga Inlet a . Name of Stream and name of River to which it is tributary tr; a, of r �mr►a Take 16 . Lakes, ponds, wetland areas within or contiguous to project area: a. Name lard b . Size ( in acres ) 2 . 13a .raa 17. Is the site served by existing public utilities ? CYes CNo a) If Yes, does sufficient capacity exist to allow connection ? C M =1 _ N/A' b) If Yes , will improvements be necessary to allow connection ? _ NJA 18 . Is the site located in an agricultural district certified pursuant to Agriculture and ,Markets Law, Article 25-AA , Section 303 and 304? CYes X2No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617 ? CYes MNo 20. Has the site ever been used for the disposal of solid or hazardous wastes ? ❑ Yes (RNo B . Project Description 1 . Physical dimensions and scale of project ( fill in dimensions as appropriate) a . Total contiguous acreage owned or controlled by project sponsor m4A acres . b. Project acreage to be developed : N/A acres initially; N/A acres ultimately . c. Project acreage to remain undeve ! oped N/A acres . d . Length of project, in miles : N/A ( If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A % ; f . Number of off-street parking spaces existing N/A ; proposed N/A g. Maximum vehicular trips generated per hour N/A (upon completion of project) ? h . If residential : Number and type of housing units : N/A One Family Two Family 'vtultiple Family Condominium Initially N/A N/A N/A N/A Ultimately N/A N/A N A N/A i . Dimensions ( in feet) of largest proposed structure N/A height; N/A width ; N/A length . j . Linear feet of frontage along a public thoroughfare project will occupy is ? N /A ft. 3 25. Approvals Required: Submittal Type Date City, Town, Village Board CYes CNo Town Board 11 / 16 / 98 City, Town, Village Planning Board CYes CNo City, Town Zoning Board CYes CNo ity, County Health Department CYes CNo ther Local Agencies CYes CNo ther Regional Agencies CYes CNo State Agencies CYes CNo Federal Agencies CYes CNo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision ? ®Yes CNo If Yes, indicate decision required: Ezoning amendment Czoning variance . Cspecial use permit Csubdivision Cs.ite plan Cnew/revision of master- plan Cresource management plan Cother 2 . What is the zoning classification(s)of the site? Light Industrial 3 . What is the maximum potential development of the' site if developed as permitted by the present zoning? Li zone allows Light Industrial uses ; Current Zoning Ordinance does not have provisions for adUIE uses . 4 . What is the proposed zoning of the site? Light Industrial - but will allow adult uses w/add ' l reg ' s 5 . What is the maximum potential development of the site if developed as permitted by the proposed zoning? With proposed setbacks and distance recruirements , 26-28 adult uses c 6uld locate ir. TAI zones on Elmira Road . Please see attached sheet for specific criteria. . 6 . Is the proposed action consistent with the recommended uses in adopted local land use plans ? ZYes CNo 7 . What are the predominant land use(s) and zoning classifications within a '/4 mile radius of proposed action ? Light Industrial , C=TL=xcial Dural Residential , and Agriculture/Open Space 8 . Is the; proposed action compatible with adjoining/surrounding land uses within a '/4 mile? 29Yes CNo 9 . If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? N /A 1o . Will proposed action require any authorization(s) for the formation of sewer or water districts? rz r' N/A 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? sa ==- N/A a. If yes, is existing capacity sufficient to handle projected demand? L=J I N/A 12 . Will the proposed action result in the generation of traffic significantly above present levels ? ..—QQ- N/. a. If yes, is the existing road network adequate to handle the .additional traffic? N/A .f mInformational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse pacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my . knowledge. Applicant/Sponsor Name Catherine Valentino Date Signature Title Tawas Surymnri Gor If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 f 1 2 3 Small to Potential Can Impact Be IMPACT ON WATER 3 . Will proposed action affect any water body designated as protected ? Moderate Large Mitigated By Impact Impact Project Change (Under Articles 15, 24, 25 of the Environmental Conservation Law. ECL) 9{NO CYES Examples that would apply to column 2 • Developable area of site contains a protected water body . ❑ ❑ i_iYes ❑ No • Dredging more than 100 cubic yards of material from channel of a ❑ Cl L_ Yes ❑ No protected stream. • Extension of utility distribution facilities through a protected water body. Cl ❑ ❑ Yes ❑ No • Construction in a designated freshwater or tidal wetland . ❑ ❑ L. Yes CNo • Other impacts: ❑ Cl C3 Yes ❑ No 4 . Will proposed action affect any non-protected existing or new body of water? XXNO DYES Examples that would apply to column 2 • A 10 % increase or decrease in the surface area of any body of water Cl Cl 71 Yes 11 No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ ❑Yes C] No • Other impacts: ❑ ❑ 01 Yes ❑ No 5 . Will Proposed Action affect surface or groundwater quality or quantity? ) gNO OYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑ Yes ❑ No • Proposed Action requires use of a source of water that does not ❑ ❑ ❑ Yes 0 N have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 Cl ❑ ❑ Yes [I No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ ❑ Yes ❑ No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑ Yes C3 No • Liquid effluent will be conveyed off the site to facilities which presently Cl ❑ ❑ Yes ❑ No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ [] Yes C3 No day. • Proposed Action will likely cause siltation or other discharge into an ❑ ❑ ❑ Yes ❑ No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ ❑ Yes ❑ No products greater than 1 ,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ [] Yes ❑ No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ ❑ Yes ❑ No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑ Yes 0 N 6 . Will proposed action alter drainage flow or patterns, or surface water runoff? MNO OYES Examples that would apply to column 2 ❑ ❑ Yes [] ,No• Proposed Action would change flood water flows. 7 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project C/iange • Construction activity would excavate or compact the soil profile of ❑ Cl ❑ Yes 01 No icultural land. • proposed action would irreversibly convert more than 10 acres ❑ ❑ ❑ Yes ❑ No agricultural land or, if located in an Agricultutal District, more an 2 .5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ Dyes 0 N land management systems (e. g., subsurface drain lines, outlet ditches, strip cropping); or create a need . for such measures (e. g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources ? nNO OYES (If necessary, use the Visual EAF Addendum in Section 617.21 , Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑ Yes 0 No or in sharp contrast to current surrounding land use patterns, whether man-made or natural . • Proposed land uses, or project components visible to users of ❑ ❑ ❑ Yes ❑ No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. . • Project components that will result in the elimination or significant ❑ Cl ❑ Yes ❑ No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON HISTORIC AND ARCHAEOLOGICAL. RESOURCES 12 . Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? 4NN0 OYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially Cl ❑ ❑ Yes ❑ No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ 6". Yes ❑ No project site. • posed Act & ion will occur in an area designated as sensitive for ❑ 13 ❑ Yes C3 No haeological sites on the NYS Site Inventory. er impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON OPEN SPACE AND RECREATION 13 . Will Proposed Action affect the quantity or quality of existing or . future open spaces or recreational opportunities ? Examples that would apply to column 2 XRNO OYES • The permanent foreclosure of a future recreational opportunity. ❑ Cl ❑ Yes ❑ No • A major reduction of an open space important to the community. ❑ ❑ ❑ Yes C1 No • Other impacts: ❑ ❑ ❑ Yes ❑ No 9 1 2 3 IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18 . Will proposed action affect the character of the existing community ? Impact Impact Project Change KNO OYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ ❑ Yes ❑ No project is located is likely to grow by more than 5 % . • The municipal budget for capital expenditures or operating services ❑ ❑ ❑ Yes El No will increase by more than 5 % per year as a result of this project • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ [] Yes ❑ No • Proposed action will cause a change in the density of land use. ❑ ❑ ❑ Yes ❑ No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑ Yes ❑ No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑ Yes ❑ No (e. g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑ [] Yes 177 No • Proposed Action will create or eliminate employment ❑ ❑ ❑ Yes ❑ No • Other impacts: please see attached sheet ❑ Cl ❑ Yes ❑ No 19 . Is there, or is there likely to be, public controversy related to potential adverse environmental impacts ? ONO OYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3 — EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impacts) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact 2 . Describe Cif applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3 . Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider. • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 11 i PART II - LEAF: Proposed Enactment of Local Law Amending the Town of Ithaca Zoning Ordinance Relating to Adult Uses - Light, Industrial (LI) Zones within the Town which adjoin a State Highway Town of Ithaca Town Board, November 16, 1998 . Impact on Growth and Character of Community or Neighborhood: The current Town Zoning Ordinance does not address adult entertainment uses. ` Pursuant to United States Supreme Court rulings, adult uses are protected by the first. amendment of the United States Constitution, and therefore cannot be prohibited in a municipality. Municipalities do, however, have the power to regulate the location of adult uses, following a study on the potential negative secondary impacts associated with such uses. These secondary impacts have been well documented by many municipal studies within the United States. Town planning staff has conducted such a study (Adult Entertainment Use Study, dated April 6, 1998 and revised May 8, 1998; and Second Addendum, dated October 14, 1998), and has recommended the least impacting locations for adult uses, considering proximity to schools, churches, residential areas, etc. Based on the findings of the staff study, and recommendations from the Town Codes and Ordinances Committee, the proposed local law amending the Town Zoning Ordinance includes provisions for regulating adult entertainment uses. The proposed regulation consists of limiting the location of adult entertainment uses to the Light Industrial (LI) zones within the Town of Ithaca which adjoin a State Highway (e. g. NYS Route 13). Adult entertainment uses can include : adult arcades, adult bookstores, adult cabarets or restaurants, adult movie theaters, adult video or novelty stores, topless or bottomless or totally nude bars, massage parlors, and peep shows. The regulation also calls for the establishment of special distance requirements of 280 feet, within the LI zones, separating adult uses from the property lines of public parks, public or private schools, daycare centers or nursery schools, churches or other places of worship, institutions of higher learning (including dormitory accommodations), and,all other zoning districts. Given these separation requirements, two out of the five LI zone areas in the town could potentially support adult uses. They are the LI zone in the Elmira Road/Wet Valley area at Mancini Drive, and the Route 34/96 intersection of Elmira Road (near Newfield). By following the Town's existing Zoning setback regulations for LI zones, and combining those regulations with the 280 foot separation requirements, it is estimated that approximately 26-28 adult uses could potentially locate in the Inlet Valley areas. These numbers are "worst case" scenarios that assume maximum build out potential with constant figures (such as all future buildings being 1 ,000 square feet in size (25 x 40), on equal sized lots, covering the entire land- available or currently in use). In reality, only a small number of adult uses, if they choose to locate within the Town of Ithaca, will be able to locate in the chosen areas, due to availability of land, environmental constraints, and market trends. The proposed adult use regulation is consistent with the Town of Ithaca Comprehensive Plan in its goals and objectives to preserve community character; and in particular, to preserve the character and integrity of existing residential neighborhoods. The proposed distance requirements, combined with existing Zoning Ordinance and Sign Law requirements, and Site Plan Review process, will ensure the preservation of community and neighborhood character, while respecting the constitutional rights of the adult use industry. Thus, no significant environmental impacts due to the proposed regulation, concerning community or neighborhood character, are anticipated. Staff Recommendation, Determination of Significance: Based on review of the materials submitted for the proposed action, the proposed scale of it, and the information above, a negative determination of environmental significance is recommended for the action as proposed. Lead Agency: Town of Ithaca Town Bo Reviewer: Christine Balestra, Planner Review Date: October 29, 1998 . •. . Local Law Filing EW YORK STATE DEPARTMENT OF STATE g 162 WASHINGTON AVENUE , ALBANY , My 12231 (Use this form to file a local law with the Secretary of State .) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Cif ITHACA Towsof .............._......................._.._....._.................................__ . ....__. .._............. Local Lair No. 14 ..... of the year 19 98..: A local law AMENDING THE QRnINAIICE TMC%.MQ..AT) TEWAINMENT (lasert Title) BUSINESSES Be it enacted by the ...... ............TA�iN..BOAB�......:...............:. ...._.. ...._........................of the (Name of Legislative Body) W of ITHACA Town ...............-- -- --................. as foIIows: ( SEE ATTACHED . ) (If additional space is needed, attach pages the same s ie as this sheet, and number each .) nne . rto rR .V. 7/9n) TOWN OF ITHACA LOCAL LAW NO . 14 OF THE YEAR 1998 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES Be it enacted by the Town Board of the Town of Ithaca as follows . Section 1 . The Town Board of the Town of Ithaca hereby finds that the presence of adult entertainment businesses can have serious objectionable 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 Department , have demonstrated , the presence of such uses in an area may lead to : 1 . Increase in crime rates ; 2 . Increase in traffic ; 3 . Loss of business for neighboring commercial uses ; 4 . Blighting of surrounding commercial and residential areas ; 5 . Decline in surrounding property values ; and 6 . Negative community reception. The purpose of this law is to eliminate , or, at a minimum, to mitigate the negative 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 negative secondary effects . Section 2 . Considering the effects and purposes set forth in Section 1 above , the Zoning Ordinance of the Town of Ithaca as re-adopted, amended, and revised, effective February 26 , 1968 , and subsequently amended , be further amended as follows : I . Article I , Section 1 , is amended by adding. new subsections to the definitions as follows : "44 . " Adult entertainment business " is 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 adult-zo.11 wp5Ihih/locallaw October 23 , 1998 4 :20pm 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 . (f) 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, 2 adult-zo.11 wp5IhEh/locallaw October 23. 1998 4:20pm 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 , Or 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 . 45 - " Specified anatomical areas " means (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 . 46 . " Specified sexual activities " means (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. " II . Article VIII , Section 41 is amended by adding a new paragraph at the end thereof as follows : "In addition, adult entertainment businesses are permitted in those Light Industrial Districts which adjoin a State Highway (e . g . New York State Route 13 ) , but only upon compliance with the following requirements : 10 The Board of Appeals , after favorable recommendation of the Planning Board, grants a special approval for same in accordance with the provisions of Article 3 adult-zo.11 wp51 /ith/locallaw October 23, 1998 4 :20pm IX utilizing the criteria set forth or referred to in said article . 20 The building in which the business is conducted , and the related parking areas , are located at least 150 feet from any highway right of way line , at least 280 feet from the boundary of any other zoning district, and at least 280 feet from any public park, school , or church . For this purpose , the Finger Lakes Trail is considered a public park, and the boundaries of such Trail are deemed to be the lines on each side of the centerline that are parallel to , and twenty feet from, the centerline of the Trail . 39 The building and lot upon which it is located comply in all other respects with the requirements set forth in Sections 45 and 45-a, except as modified by this local law and with the following further exceptions : (a) If the type of adult entertainment business is one specified in Section 38 , 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) . (b) If the type of adult entertainment business is not one specified in Section 38 , 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) . (c) The minimum parking requirements may be reduced in accordance with the criteria and procedures referred to paragraph 1 of Section 451 " 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 . 4 ( Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable .) ( Final adoption by local legislative body only . ) he [ certify that the local law annexed hereto , designated as local law No . 14 of 19 98 : f q{ ��(Town)( J @gd of Ithaca was dul y passed by the Board on Nov mh 6 19�, in accordance with the applicable provisions of Iawa egislative Body) : . (Passage by Iocal Iegislative body with approval , no disapproval or repassage after disapproval by the Elective Chief Executive Officer' .) hereby certify that the local law annexed hereto , designated as local Iaw No. of 19 the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)( not disapproved)( repassed after ame of Legisiative Body) sappr6val) by the and was deeded duly adopted on 19 (Elective Chief Executive Officers)—' accordance with the applicable provisions of law. _ . (Final adoption by referendum .) hereby certify that the local law annexed hereto , designated as local law, No. of 19 the (County')(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disapproved)( repassed after `lame of L4siative Body) sapproval) by the on 19 Such local law was Elective Chief Executive Officer * ) bmitted to the people by reason of a (mandatory)(permissive) re ' randum, and received the affirmative ' -ote of a majority of the qualified electors voting thereon at the (geneml)(special)(annual) election held on 19_, in accordance with the applicable provisions of law. 4 . (Subject to permissive referendum and final adoption because no valid Petition was filed requesting referndum .) Z hereby certify that the Iocal Iaw annexed hereto , *designated as local Iaw No. of 19 i the (County)(City)(Town)(Village) of _ was duly passed by the ur. 19_, and wrs (approved)( = di approvad)(repassed eft IN of egislative Body di royal) by the on 19_ Such Iocal Iaw was subject to Elective Chief Executive Officer • live referendum and no valid petition requesting such referendum was filed as of 19 , .n ordance with the applicable provisions of law. ' Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a : runty - wide basis or , if there be none . the Chairman of the county ieEislative ^�sdy , the mayor of a city or village , or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances . (Z) 5 . ( City local law concerning Charter revision proposed by petition.) 1 hereby certify that the local law annexed hereto , designated as local law No . of 19 of the City of Navin; been submitted to referendum pursuant the provisions of section (36)( 37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 19_, became operative. 6 . (County Iocal law concerning adoption of Charter.) I hereby certify that the local law annexed hereto , designated as local law No. of 19 of the County of , State of New York, having been submitted to the electors at the General Election -of November 19_, pursuant_ to subdivisions 5 and 7 of section 3 ') of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the, qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropritate certification.) I further certify that I have compared the preceding Iocal . law with L' a original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Cleric of t#4 C40=7 :egistacive body, City, Town or Village-Cleric or office^ designated by local legiIsative body (Seal) Date: November 20 . 1998 ( Certification to be executed by County Attorney , Corporation Counsel , Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPKINS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of Ae local iaw annexed hereto. t I 6. n� ignocure //ATTORNE'_' ?OR THE TOWN Tilde en of IT_:UCA . Town Date: Al v v oJ) e, 11 El 0 11 11 11 11 Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART I - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) F ponsor 2. Project Name Local Law - Providing for Licensing and Regulation of Adult a Town Board Uses and Employees ation (street address, road intersections, prominent landmarks, etc. or provide map:) Light Industrial (LI) zones in the Town, including those along Five Mile Drive, Elmira Road, NYS Route 366, NYS Route 31/96, and Coddington Road. After applying the distance setback and other requirements outlined in the proposed "Amendment to the Town of Ithaca Zoning Ordinance Relating to Adult Entertainment Businesses," adult uses would be limited to the two LI zones along Elmira Road. Tax Parcel Number: N/A 4. Is proposed action : NEW? X EXPANSION? MODIFICATION/ALTERATION? (Amendment of Ordinance) 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Enactment of a local law Providing for Licensing and Regulation of Adult Entertainment Businesses and Employees ; including the insititution of time, place, and manner restrictions. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected : Initially (0-5vrs) 37. 15 Acres (6-10vrs) 3715 Acres (> 10 yrs) 37. 15 Acres (Light Industrial zones) 7. How is land zoned presently? Light Industrial 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO If no, describe conflict briefly: This local law is a supplement to the local law amending the Town of Ithaca Zoning Ordinance Relating to Adult Entertainment Businesses. 9. Will proposed action lead to a request for new: Public Road' YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial X Industrial X Agriculture Park/Forest/Open Space X Other Please Describe: Most surrounding land uses are Light Industrial, agriculture/open space, with little residential 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO.X tes, list agency name and permit/approval/funding: Does any aspect of the proposed action have a currently valid permit or approval? YES NO X es, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): Catherine Valentino, Supervisor. Town of Ithaca Signature and Date: Attachment # 8 PAPT 11 - ENV IRON MENTAL ASSESSMENT ( To be completed by the Town : Use attachments as necessary ) A . Dees proposed action exceed any Type I threshold in 6 NYCRR. Part 61 ' . 12_ or Town Environmental Local Law ' YES NOXXXX If ves, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated reyieyy as provided for unlisted actions in 6 NY' CRR. Part 6l ". 6 YES NOXXKK If no, a ne,ative declaration may be superseded bv another involved agencv, if any . C. Could proposed action result in any adverse effects associated with the following : ( .answers may be handwritten. if legible ) Cl . Existing air quality, surface or groundwater quality . noise levels, existing traffic patterns. solid waste production and disposal. potential for erosion. drainage or flooding problems? Explain briefly : None Anticipated . C3 aesthetic, agricultural, archaeological. historic . or other natural or cultural resources :' Community or neighborhood character? Explain briefly : None Anticipated . + C3 Vegetation or fauna. fish. shellfish. or wildlife species . significant habitats. unique natural area. wetlands. or threatened or endangered species' Explain briefl% : None Anticipated . C4 The Town ' s existing plans or goals as officiall% adopted . or a chancre in use or intensity of use of land or other natural resources ' Explain briefly : None Anticioated . C4 Growth . subsequent development, or related activities likely to be induced by the proposed action ' Explain briefly : None Articipated . C6 Long tern , short term . cumulative. or other effects not identified in CI -C: ' Explain briefly : None Anticipated . C7 Other impacts ( including changes in use of either quantity or type of energy) Explain briefly : None A.nticireted . D . Is there. or is there likely to be controvers, related to potential adverse environmental impacts '' YES YO XXX If yes. explain briefly : See attached. E . Comments of staff CB., other attached. (Check as applicable.) PART III - DETERANATION OF SIGNIFICANCE I. To be completed by the Town of Ithaca) Instructions : For each adverse effect identified above . detezttine whether it is substantial. large. important. or othenyise significant. Each effect should be assessed in connection with its ( a ) setting( i . e . urban or rurai) : (b ) probability of occurring : (c) duration : (d) irreversibility : (e) geographic scope. and ( f) magniru.e . if necessary . add attachments or reference supporting material . Ensure that the explanations contain sufficient detail to show that all -elevant adverse imoac :s have been identified and adequate '. % address. Check here if you have identified one or more =orentially large or signiricarr adverse impacts which MAY occur. Then proceed directly to the full EAF andror prepare a positive declaration . XX Check here if you have determined. based on the information and anal% sis above and any' supporting documenrarion . that the proposed action WILL NOT result in an % significant adverse environmental impacts AND provide on Artacaments as necessary the reasons supporting this determination . Town of Ithaca Town Board Name of Lad .\ eenc , rer s Si =^aura If different from I _('`;; beri nP VAI- Pnti no , SUpe visor Name & title of Reseonsible Officer in Lad Agency ; :cure ,u' ontributin_ Preparer DATE . Signature of Resronsible Officer in Lead A1.7enc% Local t L Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE , ALBANY , NY 12231 (Use this form to file a local law with the Secretary of State .) Text of law should be given as amended. Do not include matte: being eliminated and do not use italics or underlining to indicate new matter. .»ITHACA Townof .........................». .............._....................»»...........» . »_.. .....»...» .......... Local Law No . 15 ».»......».»...._,...».........»......»..» of the year 19 98. local law PROVjD1HG.F.Q&. 1.CENS11M wAM»RE Q*uLAI1QjLSZ�ADuLT EEy T BUSINESSES (Invert Title) AND EMPLOYEES Be it enacted by the ..»..»__.... ......=WN..ZOARTT' .,,.;»».....»....;» (Naof Legislative Body) »...».»....»..»...».....»..»....Of the me Town of ITHACA ,,,,,.»., _.... as follows- ( SEE ATTACHED , ) (If additional space is needed, attach pages the same size as this sheet, and number each .) ( 1 ) Attachment # 9 nM " M rRov. 7/Cm i TOWN OF ITHACA LOCAL LAW NO . 15 OF THE YEAR 1998 A LOCAL LAW PROVIDING FOR LICENSING AND REGULATION OF ADULT ENTERTAINMENT BUSINESSES AND EMPLOYEES Be it enacted by the Town Board of the Town of Ithaca as follows : SECTION I. PURPOSE AND FINDINGS. (A) Purpose . It is the purpose of this local law to regulate adult entertainment businesses in order to promote the health, safety, morals, and general welfare of the citizens of the Town, and to establish reasonable and uniform regulations to prevent the deleterious location of adult entertainment businesses within the Town. The provisions . of this local law have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials , including adult entertainment materials. Similarly, it is not the intent nor effect of this local law to restrict or deny access by adults to adult entertainment materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this local law to condone or legitimize the distribution of obscene material. (B) Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Board, including a study prepared by the Town ' s Planning Department, and on findings incorporated in the cases of Town of Renton v. Playrime Theatres, Inc. , 470 U. S . 41 ( 1986) , Young v. American Mini Theatres, 426 U. S . 50 ( 1976) , and Barnes. v. Glen Theatre, Inc. , 501 U. S . 560 ( 1991 ) , and on studies in other communities including, but not limited to , the Town of Islip Y. , Los Angeles , California, and New York City, N. Y. the Board finds : ( 1 ) Adult entertainment businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments . Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises . (2) Certain employees of adult entertainment businesses defined in this local law as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments . (3) Offering, and providing private or semi- private spaces with videos or live sex shows encourages activities of a sexual nature, which creates unhealthy conditions . Adult-eatreg\wp5RithVocallaw\11 / 19198 3 :30pm (4) At least 50 communicable diseases may be spread by activities occurring in adult entertainment businesses, including, but not limited to syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS) , genital herpes , hepatitis B . Non A, Non B . amebiasis, salmonella infections and shigella infections . (5) Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV j in the United States and in the State of New York. (6) Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in New York and in Tompkins County. (7) The number of cases of other sexually transmitted diseases in the United States reported annually has risen over the last decade. (8) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally, transmitted by sexual acts . (9) Sanitary conditions in some adult entertainment businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities . ( 10) Numerous studies and reports have determined that semen is found in the areas of adult entertainment businesses where persons view " adult" oriented films. ( 11 ) The findings noted in the preceding paragraphs raise . substantial Governmental concerns . ( 12) Adult entertainment businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns . ( 13) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the adult entertainment businesses . Further. such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the adult entertainment business is run in a manner consistent with the health, safety and i Adult-e¢t.reg\wp51\W1oca11aw\11/19/98 3 :30pm welfare of its patrons and employees , as well as the citizens of the Town. It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult entertainment business, fully in possession and control of the premises and activities occurring therein. ( 14) Requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters . ( 15) Requiring licensees of adult entertainment businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments. ( 16) The disclosure of certain information by those persons ultimately responsible for the day- to- day operation and maintenance of the adult entertainment business , where such information is substantially related to the significant governmental interest in the operation of such uses , will aid in preventing the spread of sexually transmitted diseases. ( 17) It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this local law is designed to prevent or who are likely to be witnesses to such activities . ( 18) The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this local law. ( 19) The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases . (20) The general welfare , health, morals and safety of the citizens of the Town will be promoted by the enactment of this local law. SECTION II. DEFINITIONS. ( 1) ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated, slug-operated , or for any form of consideration; electronically, electrically, or mechanically controlled still or motion picture machines , projectors , video or 3 Adult-eaLreg\wp51\ith\locallaw\ 11/ 19/98 3 :30pm laser disc players, or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time , and where the images so displayed are distinguished or characterized by the depicting or ' describing of "specified sexual activities " or " specified anatomical areas . " (2) ADULT BOOKSTORE , ADULT NOVELTY STORE OR ADULT VIDEO STORE means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following : (a) books , magazines , periodicals or other printed matter, or photographs, films, motion pictures , video cassettes or video reproductions , slides, or other visual representations which are characterized by the depiction or description of " specified sexual activities " or " specified anatomical areas " ; or (b) instruments , devices , or paraphernalia which are designed for use in connection with " specified sexual activities . " A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing " specified sexual activities " or " specified anatomical areas " and still be categorized as ADULT BOOKSTORE , ADULT NOVELTY STORE , or ADULT VIDEO STORE. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE , or ADULT VIDEO STORE so long as at least 50% of its store area, or 50% of its display area, is utilized in the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities " or " specified anatomical areas . " ( 3 ) ADULT CABARET means a nightclub , bar, restaurant, or similar commercial establishment which regularly features : (a) persons who appear in a state of nudity or semi-nude ; or (b) live performances which are characterized by the exposure of " specified anatomical areas " or by " specified sexual activities " : or (c) films , motion pictures , video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities " or " specified anatomical areas . '' (4) ADULT ENTERTAIN7MENT BUSINESS means an adult arcade , adult bookstore , adult novelty store , adult video store, adult cabaret. adult motel, adult motion 4 I Adult-ent.reg\wp51\ith\locallaw\ l 1 /19/98 3 :30pm picture theater, adult theater, escort agency, or nude model studio. (5) ADULT MOTEL means a hotel, motel or similar commercial establishment which: (a) offers accommodations to the public for any form of consideration ; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes , slides , or other photographic reproductions which are characterized by the depiction or description of " specified sexual activities " or " specified anatomical areas " ; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions ; or (b) offers a sleeping room for rent for a period of time that is less than ten ( 10) hours ; or (c) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten ( 10) hours. (6) ADULT MOTION PICTURE THEATER means a commercial establishment where , for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of " specified sexual activities " or " specified anatomical areas . " (7) ADULT THEATER means a theater, concert hall, auditorium , or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude , or live performances which are characterized by the exposure of " specified anatomical areas " or by " specified sexual activities. " ( 8 ) EMPLOYEE means a person who performs any service on the premises of a adult entertainment business on a full- time , part- time or contract basis , whether or not the person is denominated an employee , independent contractor, agent or otherwise and whether or not said person is paid a salary , wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises , or for the delivery of goods to the premises. (9) ESCORT means a person who , for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers , to privately model lingerie or to privately perform a striptease for another person. ( 10) ESCORT AGENCY means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a 5 Adult-eat.reg\wp5 NtMocallaw\11/19/98 3 :30pm fee, tip , or other consideration. ( 11 ) ESTABLISHMENT means and includes any of the following : (a) the opening or commencement of any adult entertainment business as a new business ; (b) the conversion of an existing business, whether or not an adult entert. ainment business, to any adult entertainment business ; (c) the addition of any adult entertainment business to any other existing adult entertainment business ; or (d) the relocation of any adult entertainment business. ( 12) LICENSEE means a person in whose name a license to operate an adult entertainment business has been issued, as well as the individual listed as an applicant on the application for a license ; and in the case of an employee, a person in whose name a license has been issued authorizing employment in an adult entertainment business. ( 13) NUDE MODEL STUDIO means any place where a person who appears semi- nude , in a state of nudity, or who displays " specified anatomical areas " an d is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. dude Model Studio shall not include a proprietary school licensed by the. State of New York or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college , or university supported entirely or partly by taxation; or in a structure : (a) that has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi- nude person is available for viewing , and (b) where in order to participate in a class a student must enroll at least three days in advance of the class ; and (c) where no more than one nude or semi-nude model is on the premises at any one time . ( 14) NUDITY or a STATE OF NUDITY means the showing of the human male or female genitals, pubic area, vulva, anus , anal cleft or cleavage 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 discernibly turgid state . 6 Adult-ent.reg\wp51\lth\locallaw\11/19/98 3 :30pm ( 15 ) PERSON means an individual , proprietorship , partnership, corporation, association, or other legal entity. ( 16) SEMI-NUDE or in a SEMI-NUDE CONDITION means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks . This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress , blouse , skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in pan. ( 17) SPECIFIED ANATOMICAL AREAS means : (a) the human male genitals in a discernibly turgid state , even if completely and opaquely covered; or (b) less than completely and opaquely covered human genitals , pubic region, buttocks or a female breast below a point immediately above the top of the areola. ( 18 ) SPECIFIED CRIMINAL ACTIVITY means any of the following offenses : (a) prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material m a minor; sexual performance by a child; possession or distribution of child pornography: public lewdness ; indecent exposure ; indecency with a child ; engaging in organized criminal activity; sexual assault; molestation of a child ; gambling ; or distribution of a controlled substance ; or any similar offenses to those described above under the criminal or penal code of other states or countries ; (b) for which: ( 1 ) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense ; (2) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date , if the conviction is of a felony offense : or (3) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date , if the convic ?.ions are of two or more misdemeanor 7 Adult-eat.reg\wp5 NthVocallaw\11/19/98 3 :30pm offenses or combination of misdemeanor offenses occurring within any 24- month period- (c) The fact that a conviction is being appealed shall have no, effect on' the disqualification of the applicant or a person residing with the applicant. ( 19) SPECIFIED SEXUAL ACTIVITIES means any of the following : (a) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts ; (b) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or (c) excretory functions as part of or in connection with any of the activities set forth in (a) through (b) above . (20) SUBSTANTIAL ENLARGEMENT of an adult entertainment business means the increase in floor areas . occupied by the business by more than twenty-five percent (25 percent) , as the floor areas exist on the date this local law takes effect. (21 ) TRANSFER OF OWNERSHIP OR C01N7R0L of an adult entertainment business means and includes any of the following : (a) the sale, lease , or sublease . of the business; (b) the transfer of securities which constitute a controlling interest in the business, whether by sale , exchange , or similar means ; or (c) the establishment of a trust, gift, or othersimilar legal device which transfers the ownership or control of the business , except for transfer by bequest, or other operation of law upon the death of the person possessing the ownership or control. SECTION III. CLASSIFICATION. Adult entertainment businesses are classified as follows : ( 1 ) adult arcades ; (2) adult bookstores , adult novelty stores , or adult video stores ; ( 3 ) adult cabarets ; (4) adult motels ; 8 Adult-enLreg\wp51\ith\locallaw\ 1 1/19/98 3 :30pm (5) adult motion picture theaters ; (6) adult theaters ; (7) escort agencies ; and ( 8) nude model studios . SECTION IV LICENSE REQUIRED. (A) It is unlawful : ( 1 ) . For any person to operate an adult entertainment business without a valid adult entertainment business license issued by the Town pursuant to this local law. (2) 0 For any person who operates an adult entertainment business to employ a person to work for the adult entertainment business who is not licensed as an adult entertainment business employee by the Town pursuant to this local law. (3) . For any person to obtain employment with an adult entertainment business without having secured an adult entertainment business employee license pursuant to this local law. (B ) An application for a license must be made on a form provided by the Town. (C) All applicants must be qualified according to the provisions of this local law. The application may request and the applicant shall provide such information (including fingerprints) as to enable the Town to determine whether the applicant meets the quali- fications established in this local law. (D) If a person who wishes to operate an adult entertainment business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate an adult entertainment business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following Section and each applicant shall be considered a licensee if a license is granted. (E) The completed application for a adult entertainment business license shall contain the following information and shall be accompanied by the following documents : ( 1 ) If the applicant is : (a) an individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is at least 18 years of age , 9 Adult-ent.reg\wp51\ith\locallaw\11 /19/98 3 :30pm (b) a partnership , the partnership shall state its complete name , and the names of all partners , whether the partnership is general or limited, and submit a copy of the partnership agreement, if . any; (c) a corporation, the corporation shall state its complete name, the date of its incorporation , evidence that the corporation is in good standing under the laws of its state of incorporation and that it is qualified to do business in the State of New York, the names and capacity of all officers, directors and principal stockholders, and the name .of the registered .corporate agent and the address of the registered office for service of process. (2) If the applicant intends to operate the adult entertainment business under a name other than that of the applicant he or she must state (a) the adult entertainment business ' s fictitious name and (b) submit the required registration documents. (3 ) Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this local law, and, if so, the specified criminal activity involved, the date, place. and jurisdiction of each conviction. (4) Whether the applicant, or a person residing. with the applicant, has had a previous license under this local law or other similar adult entertainment business local laws from another state or municipality or county denied, suspended or revoked, including the name and location of the adult entertainment business for which the permit was denied, suspended or revoked, as well as the ,date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this local law whose license has previously been denied, suspended or revoked, including the name and location of the adult entertainment business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. (5) Whether the applicant or a person residing with the applicant holds any other licenses under this local law or other similar adult entertainment business local law from another state or municipality and, if so, the names and locations of such other licensed businesses . (6) The single classification of license for which the applicant is filing. 10 Adult-ent.reg\wp51\ith\locallaw\ 11119/98 3 :30pm (7) The location of the proposed adult entertainment business , including a legal description of the property , street address , and telephone number(s) , if any . (8 ) The applicant' s mailing address and residential address. (9) A recent photograph of the applicant(s) . ( 10) The applicant' s driver' s license number, Social Security number, and/or his/her state or federally issued tax identification number. ( 11 ) A sketch or diagram showing the configuration of the premises , including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches . ( 12) A current certificate and map prepared within sixty (60) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing adult entertainment businesses within 280 feet of the property to be certified; the property lines of any established religious institution, school, or public park or recreation area within 280 feet of the property to be certified. For purposes of this Section, a use shall be considered existing or established if it is in existence at the time an application is submitted. ( 13 ) If an applicant wishes to operate an adult entertainment business , other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty ( 150) square feet of floor space , films, video cassettes, other video reproductions , or live entertainment which depict specified sexual activities or specified anatomical areas . then -the applicant shall comply with the application requirements set forth in Section XIV . (F) Before any applicant may be issued an adult entertainment business employee license, the applicant shall submit on a form to be provided by the Town the following information: ( 1 ) The applicant' s name and any other name (including " stage " names) and aliases used by the individual ; (2) Age , date , and place of birth ; (3) Height, weight, hair and eye color; 11 Adult-eatreg\wp51 \ithUocallaw\11 /19M 3 :30pm (4) Present residence address and telephone number; (5) Present business address and telephone number; (6) Date , issuing state and number of driver' s permit or other identification card information ; (7) Social Security number; and (8) Proof that the individual is at least eighteen ( 18) years of age . (G) Attached to the application form for an adult entertainment business employee license as provided above , shall be the following : ( 1 ) A color photograph of the applicant clearly showing the applicant' s face , and the applicant' s fingerprints on a form provided by the police department or the Town. Any fees for the photographs and fingerprints shall be paid by the applicant. (2) A statement detailing the license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other municipality, state, or country, an adult entertainment business, and whether the applicant has ever had a license . permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial. revocation, or suspension, state the name of the license , permit or authorization. the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order Qf denial, revocation. or suspension shall be attached to the application. (3 ) A statement whether the applicant has been convicted of a specified criminal activity as defined in this local law and, if so . the specified criminal activity involved, the date , place and jurisdiction of each. SECTION V. ISSUANCE OF LICENSE. (A) Upon the filing of said application for an adult entertainment business employee license , the Town shall issue a temporary license to said applicant. The application shall then be referred to the appropriate Town or County departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty (30) days from the date the completed application is Filed. After 12 - i Adult-ent.reg\wp5 Nth\locallaw\1 1/19/98 3 :30pm the investigation , the Town shall issue a license , unless it is determined by a preponderance of the evidence that one or more of the following findings is true : ( 1 ) The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form ; (2) The applicant is under the age of eighteen ( 18) years ; (3) The applicant has been convicted of a "specified criminal activity " as defined in this local law; (4) The adult entertainment business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this local law; or (5) The applicant has had an adult entertainment business employee license revoked by the Town within two (2) years of the date of the current application. If the adult entertainment business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in Section X. (B) A license granted pursuant to this section (whether an adult entertainment business employee license or an adult entertainment business license) shall be subject to annual renewal upon the written application of the applicant and a finding by the Town that the applicant has not been convicted of any specified criminal activity as defined in this local law or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in Section VI. (C) Within 30 days after receipt of a completed adult entertainment business application, the Town shall approve or deny the issuance of a license to an applicant. The Town shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true : ( 1 ) An applicant is under eighteen ( 18 ) years of age . (2) An applicant or a person with whom applicant is residing is overdue in payment to the Town of taxes , fees , fines , or penalties assessed against or imposed upon him/her in relation to any business . 13 Adult-ent.reg\wp51\ith\locallaw\11/ 19/98 3 :30pm (3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. . (4) An applicant or a person with whom the applicant is residing has been denied a license by the Town to operate an adult entertainment business within the preceding twelve ( 12) months or whose license to operate an adult entertainment business has been revoked within the preceding twelve ( 12) months. (5) An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this local law. (6) The premises to be used for the adult entertainment business have not been approved by the health department, fire department, or the building official as being in compliance with applicable laws and local laws. (7) The license fee required by this local law has not been paid. (8 ) An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this local law. (D) The license, if granted shall state on its face the name of the person or persons to whom it is granted, the expiration date , the address of the adult entertainment business and the classification for which the license is issued pursuant to Section. III. All licenses shall be posted in : a conspicuous place at or near theL entrance to the adult entertainment business so that they may be easily read at any time . (E) The health department, fire department, and the building official shall complete their certification that the premises is in compliance or not in compliance within twenty (20) days of receipt of the application by the Town. (F) A adult entertainment business license shall issue for only one classification as found in Section III. SECTION VI. FEES. (A) Every application for a new adult entertainment business license shall be accompanied by a $300. 00 non-refundable application and investigation fee. (B ) Every application for a renewal of an adult entertainment business license shall be accompanied by a $200. 00 non- refundable application and investigation fee. 14 i Adult-ent.reg\wp5 NtMocallaw\11/19/98 3 :30pm (C) Every application for an adult entertainment business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual $ 100.00 non-refundable application , investigation, and license fee . (D) All license applications and fees shall be submitted to the Town Clerk of the Town. SECTION VII. INSPECTION. (A) An applicant or licensee shall permit representatives of any law enforcement agency, Health Department, Fire Department, Zoning Department, or other Town departments or agencies to inspect the premises of an adult entertainment business for the purpose of insuring compliance with the law , at any time it is occupied or open for business. (B) A person who operates an adult entertainment . business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is open for business . SECTION VIII. EXPIRATION OF LICENSE. (A) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section IV. Application for renewal shall be made at least thirty (30) days before the expiration date , and when made less than thirty (30) days before the expiration date , the expiration of the license will not be affected. (B) When the Town denies renewal of a license , the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the Town finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final. SECTION IX. SUSPENSION. (A) The Town shall suspend a license for a period not to exceed thirty (30) days if it determines that a licensee or an employee of a licensee has : ( 1 ) violated or is not in compliance with any section of this local law; (2) refused to allow an inspection of the adult entertainment business premises as authorized by this chapter. L5 Adult-eucreg\wp5l\idi\locallaw\ 11/19/98 3 :30pm SECTION X. REVOCATION. (A) The Town shall revoke a license if a cause of suspension in Section IX occurs and the license has been suspended within the preceding twelve ( 12) months. (B) The Town shall revoke a license if it determines that: ( 1 ) a licensee gave false or misleading information in the material submit- ted during the application process; (2) a licensee has knowingly allowed possession, use , or sale of controlled substances on the premises : (3) a licensee has knowingly allowed prostitution on the premises ; (4) a licensee knowingly operated the adult entertainment business during a period of time when the licensee ' s license was suspended; (5) except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse , sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises ; or (C) When the Town revokes a license, the revocation shall continue for one ( 1 ) year, and the licensee shall not be issued an adult entertainment business license for one ( 1 ) year from the date the revocation became effective. If, subsequent to revocation, the Town finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety ( 90) days have elapsed since the date the revocation became effective. (D) After denial of an application, or denial_ of a renewal of an application, or suspension or revocation of any license , the applicant or licensee may seek judicial review of such administrative action pursuant to Article 78 or the Civil Practice Law and Rules (or any similar successor statute) in any court of competent jurisdiction. Such special proceeding shall be brought within four months of the date of the denial. suspension or revocation. SECTION XI. TRANSFER OF LICENSE. A licensee shall not transfer his/her license to another, nor shall a licensee . operate an adult entertainment business under the authority, of a license at any place other than the address designated in the application . 16 Adult•ent.reg\wp51\iMloeallaw\11/19/98 3 :30pm SECTION XII. LOCATION OF ADULT ENTERTAINMENT BUSINESSES. A person commits a misdemeanor if that person operates or causes to be operated an adult entertainment business in any zoning district other than as permitted under the provisions of the Town ' s Zoning Ordinance . SECTION XIII. ADDITIONAL REGULATIONS FOR ADULT MOTELS. (A) Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten ( 10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this local law. (B ) A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have an adult entertainment license , he rents or subrents a sleeping room to a person and, within ten ( 10) hours from the time the room is rented, he rents or subrents the , same sleeping room again. (C) For purposes of subsection (B ) of this section, the terms " rent" or " subrent" mean the act of permitting a room to be occupied for any form of consideration. SECTION XIV. REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS OR LIVE ENTERTAINMENT IN VIEWING ROOMS. (A) A person who operates or causes to be operated an adult entertainment business, other than an adult motel , which exhibits on the premises in a viewing room of less than one hundred fifty ( 150) square feet of floor space, a film , video cassette , live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas , shall comply with the following requirements : ( 1 ) Upon application for an adult entertainment license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager' s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager' s station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer' s or architect' s blueprint shall not be required ; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6 " ) inches . The Town may waive the foregoing diagram for renewal 17 Adult-caLreg1wp51\ith\locallaw\11/19/98 3 :30pm applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. (2) The application shall be sworn to be true and correct by the applicant. (3) No alteration in the configuration or location of a manager' s station may be made without the prior approval of the Town. (4) It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager' s station at all times that any patron is present inside the premises. (5) No viewing room may be occupied by more than one person at any time. (6) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5) footcandles as measured at the floor level. (7) It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises. (8) No licensee shall allow openings of any kind to exist between viewing rooms or booths. (9) No person shall make or attempt to make an opening of any kind between viewing booths or rooms . ( 10) The licensee shall, during each business day; regularly inspect the walls between the viewing booths to determine if any openings or holes exist. ( 11 ) The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces , with no rugs or, carpeting. ( 12) The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty eight (48 " ) inches of the floor. (B) A person having a duty under Subsections ( 1 ) through ( 12) of Subsection (A) above commits a misdemeanor if he knowingly fails to fulfill that duty. 18 Adult-ent.reg\wp51\ithUocallaw\ 11/19/98 3 :30pm SECTION XV. ADDITIONAL REGULATIONS FOR ESCORT AGENCIES. (A) An escort agency shall not employ any person under the age of 18 years . (B ) A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of 18 years . SECTION XVI. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS. (A) A nude model studio shall not employ any person under the age of 18 years. (B) A person under the age of 18 years commits an offense if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or visible to any other person. (C) A person commits an offense if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right of way. (D) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public. SECTION XVII. ADDITIONAL REGULATIONS CONCERNING PUBLIC NUDITY. (A) It shall be a misdemeanor for a person who knowingly or intentionally in an adult entertainment business appears in a,. nude or semi-nude condition unless the person is an employee who, while nude or semi- nude , shall be at least six (6) feet from any patron or customer and on a stage at least eighteen inches from the floor. (B) It shall be a misdemeanor for an employee , while nude or semi-nude in an adult entertainment business , to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is nude or semi-nude in an adult entertainment business. (C) It shall be a misdemeanor for an employee , while nude or semi-nude , to touch a customer or the clothing of a customer. 19 Adult-eaLreg\wp51\ilh\localiaw\11/ 19/98 3 :30pm SECTION XVIII. PROHIBITION AGAINST CHILDREN IN AN ADULT ENTERTAINMENT BUSINESS. A person commits a misdemeanor if the . person knowingly allows a person under the age of 18 years on the premises of an adult entertainment business. SECTION XLXe HOURS OF OPERATION. No adult entertainment business, except for an adult motel, may remain open at any time between the hours of one o ' clock ( 1 :00) A.M. and eight o ' clock (8 :00) A.M. on weekdays and Saturdays , and one o ' clock ( 1 :00) A.M. and noon ( 12 :00) P.M. on Sundays. SECTION XX. EXEMPTIONS, (A) It is a defense to prosecution under Section XVII that a person appearing in a state of nudity did so in a modeling class operated: ( 1 ) by a proprietary school, licensed by the State of New York, a college, Junior college, or university supported entirely or partly by public taxation; (2) by a private college or university which maintains and operates educa- tional programs in which credits are transferable to a college, junior college , or university supported entirely or partly by public taxation; or (3) in a structure : (a) which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing ; and (b) where , in order to participate in a class a student must enroll at least three (3 ) days in advance of the class ; and (c) where no more than one nude model is on the premises at any one time . SECTION XXI. INJUNCTION AND VIOLATIONS. (A) A person who operates or causes to be operated an adult entertainment business without a valid license or in violation of any other provision of this local law is subject to a suit for injunction as well as prosecution for criminal violations. (B ) Except where a violation of this local law is stated to be a misdemeanor, each 20 Adult-eatrcg\wpS NtWocallaw\11/19/98 3 :30pm violation of any provision shall be punishable by a fine of up to $200. 00 or up to thirty (30) days imprisonment or both. (C) Violations which are stated to be misdemeanors shall be considered unclassified misdemeanors under the Penal Law and shall be 'punishable as set forth in the Penal Law. (D) Each day a person or business acts or operates in violation of any provision of this local law shall constitute a separate offense or violation. SECTION XXII. SEVERABILITY. If any section, subsection, or clause of this . local law shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected. SECTION XXIII. EFFECTIVE DATE. This local law shall take effect immediately. 21 ( Complete the certification in the paragraph that applies to the filing of this local Iaw and strike out that which is not applicable .) ( Final adoption by local legislative body only . ) hereby certify that the local law annexed hereto , designated as local law No . 15 of 19 98 � f (fXMQ=bUWrown)(YjdbW of Ithaca was duly passed by the wn Board on November 16 19 98, in accordance with the f egislative Body) applicable provisions of Iaw, . . (Passage by Iocal legislative body with approval , no disapproval or repassage after disapprovaI by the Elective Chief Executive Officer%) :zereby certify that the local law annexed hereto , designated as local Iaw No. of 19 the (County)(City)(Town)(Village) of was duly passed by the acne of Body) on 19_, and was (approved)(not disapproved)(repassed after . - aapproval) by the and was deemed duly adopted on 19 (Eleciiye Chief Executive Officer ' —+ accordance with the applicable provisions of law. (Final adoption by referendum .) _ ereby certify that the local law annexed hereto , designated as local law No . of 19 the (County)(City)(Town)(Village) of was duly passed by the one of Legislative Body) on 19_, and was (approved)(not disapproved)( repassed after : :aapproval) by the on 19 Such local lbw was (Elective Chief Executive Oftcer ' ) -- : , VV bmitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative - : te of a majority of the qualified electors voting thereon at the (geneml)(special)(annual) election held on 19_, in accordance with the applicable provisions of law. 4 . (Subject to permissive referendum and final adoption because no valid petition was . filed requesting referndum .) i hereby certify that the local law annexed hereto , designated as local law No . of I9 % the (County)(Ciry)(Town)(VIlIage) of _ was duly passed by the or 19_, and wt s (a; proved)(no : disspproved )( repassed after �:( a of L4s Wive Body) di royal) by the on 19 Such Iocal law was sub ject to Elec:ive Chief Executive Officer ') live referendum and no valid petition requesting such referendum was filed as of 19 ordance with the applicable provisions of law. ' Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a : runty- wide basis or , if there be none. the c'nairman of the count% egislative body, xhe :mayor of a city or village , or the supervisor of a town where such officer is vested �vith the power to approve or veto local laws or ordinances . ( 2 ) 5 . ( City local law concerning Charter revision proposed by petition .) I hereby certify that the local law annexed hereto , designated as local law No . of 19_ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 19_, became operative. 6 . (County Iocal law concerning adoption of Charter.) I hereby certify that the local law annexed hereto , designated as Iocal law. No. of 19 of the County of , State of New York, having been submitted to the electors at the General Election -of November 19_, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the• qualified electors of the cities of said county as a unit and of a majority of the . qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropritate certification .) I further certify that I have compared the preceding local . law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Cler'.t of a Coun:J legsiacive body. City, Town or Villawe Cleric or officer designated by local Iegilsative body (Seal) Date: November 20 . 1998 ( Certification to be executed by County Attorney , Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPKTNS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of he I al Iaw annexed hereto . 1 ignatyee , ATTORNE7 FOR TF.F. TOWN Titlek! ULM aw of ITILAC Town �I�9C Date: t v `l ( 3 ) Cop on. stand at trials e lams ` prostitution' Strip (r • ( Continued from Page 1A) which involved the removal of a dollar at McU.an Si Clip 1997, police had defined prostitution bill from Koekebacker's face with "from the perspective of sexual inter- Seager's groin area while Koeke course," and that later his definition backer lay on his back on the stage. By LAUREN BISHOP Koekebacker said this a xp arid- had expanded after conversations with The Langers' attorney, Raymond Journal Slaff ed definition, in Dentes opinion, Dentes. Schlather, asked if he had observed dTHACA — A to state lice was not just limited to sexual an Sodom at Sirens, Dorwanl P however, this is the first time a trial any intercourse, deviant sexual inter , investigator probing the meld McLean course and masturbation. jury, which will ultimately decide what replied, " I observed (Seager) sittinb ° club Sirens testified day that his is a form of rostitution, is hearing the on ( Kockebacker's ) face , which is County Court Thursday that his Based on the May investiga- testimony, p 6 probably deviate sexual intercourse." . � definition of prostitution expand- ; tions, police charged six dancers y Eisenberg testified, in response to C ed after several conversations m June with prostitution through Other investigators took the stand g P Schlather's questioning, that he was E with District Attorney George . lap dancing, and Sirens' owners, Thursday to testify about the activities Jeffrey and Kim Lan er, were the observed at Sirens Burin muesli- unable to see whether there was con- U Dentes this past spring. y g y g genitalia, er tact with Sea 's +° charged with various counts of gations May 6 and May 28, g g Senior Investigator Paul ; promoting and permitting prosti- On May 0, James Eisenberg, a pri- Under Dentes' questioning, Kocke- ¢ Koekebacker testified under tution. Charges against four of vate investigator hired by the McLean backer testified that he had contact defense cross-examination that, . the dancers wete soon dropped, Citizens' Group — made of up resi- With Seager's genitalia. on initial visits to Sirens in and, the Langers and two dancers dents living near Sirens who have The other investigators also had October 1997, shortly after it were later ' indicted on the protested the club's activities since it contact with dancers in different ways opened, two police investigators charges. ' P opened — visited Sirens alone. — Eisenberg received private lap reported to him that - they had This was not the' first time I dances on both visits, while the others observed activities including lap Kcekebacker avethistestimon . i He returned May 28 with state dances but no rostitution. g y police investigators Jeffrey Dorward, had money taken from them by the P In an October suppression hear- William Bean and Koekebacker. dancers in the stage area. But by May 28, after repeated ing to determine if there was t Cross-examination of Koekebacker visits to Sirens, police deterdlined probable cause for the charges, Attorneys were most concerned those same acts to be prostitution ` Koekebacker said that in October Thursday with the contact investiga- will continue at 9 : 30 a . m . today . because of the district attorney's tors had with dancers on May 28, par- Schlather's first witnesses will be a Syr<i expanded definition. . ; See STRIP, 4A ticularly Koekebacker's contact with cure strip club owner and customer. dancer Christina Seager, who is on In March 1996, a Syracuse city judge a j trial. Investigators testified that Seager ruled that lap dancing, though "lewd ° • performed a "facial" on Koekebacker, and distasteful," is not prostitution. ` . ,. ... .. Y Y N