HomeMy WebLinkAboutLL 1998 #4 Adult Entertainment Moratorium Extension ..Local Law Filing NEU YORK STATE DEPARTMENT OF STATE
g 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 matter being eliminated and do not
use italics or underlining to indicate new matter.
•
CtIV XtX •
*MIX of PA..N.BY
Ydidm
Local Law No. 4 of the year 19 . .a.. •
A LOCAL LAW EXTENDING FOR AN ADDITIONAL NINETY (90) DAYS A
A local law MoRA.,TQR 1 11M...EO.k3,..THE...RS.IAW1.SJHMENT OF ADULT ENTERTAINMENT .
B US I N ESSE(5sect Title)
•
Re it enacted by the T.O.W.N...B.QARD of the
(Noma of Leg-illative Body) •t..0faXY •
CXl of DANBY
Town as follo�YS:
V.I3} ( .
•
•
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Findings and Purpose. The Town Board of the Town of Danby finds:
1. The Town of Danby adopted Local Law No. 1 of the Year 1998 providing for a •
moratorium of one hundred eighty (180) days on the establishment in the Town of Danby of adult -
entertainment businesses as defined in such local law.
2. Since April 13,-1998, the date the Town Board voted to adopt such local law, the
Code Enforcement Officer of the Town of Danby has prepared a study on the effects of adult
entertainment businesses on surrounding properties and draft legislation is in the process of being
prepared for submission to the Town Board for consideration.
3. •Upon completion of the review by the Town Board the proposed legislation and
related study will be referred to the Planning Board-as required by New York State law for review
and recommendation to the Town Board. Upon completion of the Planning Board's review it is
anticipated that the legislation will be referred to the Town Board for final action.
4. It is anticipated that this process of review by the various Town bodies and final
action can be completed within ninety (90) days of the expiration of the original one hundred eighty
(180) day moratorium.
5. The purposes'of any new legislation would be significantly subverted if an adult
entertainment business were to be established before appropriate legislation could be carefully
studied and, if found desirable, enacted.
6. Accordingly, in older to maintain the status quo relative to such adult entertainment .
businesses during the limited additional time the Town needs to review and adopt any apprc5p i~.te
legislation, it is necessary to extend the previously adopted one hundred eighty(180)day moratorium
•
(If additional space Is needed, attach pages the same size as this sheet, and number each.)
(1)
nne./zo tn,...• 7,0n)
Local Law No.4 of 1998
for an additional period of ninety (90) days.
Section 2. Amendment of Local No. 1 of the Year 1998. The Local Law No. 1 of the
Year 1998 is amended to effect such extension of the moratorium set forth in such Local Law by
deleting wherever it appears in said Local Law the phrase or phrases "180 days", "one hundred
eighty days", and one hundred eighty day" and inserting in place of such phrases the phrases "270
days", two hundred seventy days" and "two hundred seventy day".
Section 3. Applicability. This local law shall apply to all areas of the Town of Danby.
Section 4. Partial Invalidity. If any provision of this law is found invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local law.which
shall remain in full force and effect.
Section 5. This local law shall take effect ten days after publication of this local law or
an abstract or summary of same in the Ithaca Journal.
(Complete the certification in the paragraph that applies to the filing of this local law and
strilcc out that which Is not applicable.)
•
•
•
1. (Final adoption by local legislative budy uuly.) • •
I hereby certify that the local law annexed hereto, designated as local law No. 4
of the (County)(City)(Town)(Village) of DANBY of 19 98 was duly OARD on October 7 19_9 , in accordance with the applicable pro passed f the
7t arne o egiaietive Body) provisit)ttS of law.
•
•
•
•
2. (Passage by local legislative body with approval, no disapproval or repassage after sapproval
by the Flnrtive Chief 'tecutIvc Officer'.)
•
I hereby certify that t local law annexed hereto : -signated as local law No
of the (County)(Cit Town)(Village) of of 19• was dui passed by the
on 19_
body , and was (a.•roverl)(not disapprove - (repassed after
erne of cps a e body
--
disapprov by thc •
and was deemed duly adopted on )9
(naectty. Chief Ex utiJe nicer')
in acc• dance with the applicable provisions of law.
3. (Final adoption by blerendum.)
I hereby certify"t . the local law annexed hereto : -signated as local law'No,
of the (County ity)(Town)(Villagc) of _ of 19
• was duly passe by the
y on 19 , and was (app •ved)(not disapproved)(rep sed after
ante of Le. .lattve -ody
.val) by the on
.leetly• C Executive 1(57;71.• 19 Such local W was
s emitted to the people b eason of a (mandatory)(permis • e) referendum, and received e affirmative
ote of a majority of the qualified electors voting ther : at the (general)(special)(annu election held on
.19 , in accordance with the applicable provisions of law. .
•
•
4. (Subject to permissive ref. endure and final adoption cause no valid petition s filed requesting
referndum,)
•
I hereby certify that th-- local law annexed hereto designated as local law 1 ., of 19
of the (County)(City own)(Village) of was duly y p sed ��' thc
19 , and was (tip -ruved)(no, disapproved)(r. .assed after
ame of eghlativo £o•y —'
disapproval) • the on . 19
Elective Chief Exec we Officer'
Such IOCB aw was subject to
permissiv, referendum and no va 'd petition requesting suet r- erendum was filed as of 19
in acco lance with the applica.. - provisions of law.
•
'Elective Chief Executive Officer meal„ or includes the chief executive oi'ficer of h county elected on a
county-wide basis or, If there be'-none, the chairinan of the county legislative body, the mayor of a city
or village, or thc supervisor of a tome where such officer is vested with the power to approve or veto local
laws or ordinances.
•
(2) •
`
. (City local law concerning Charter revision proposed by petition,) •
T •
hetrchy certify that the local law annexed hereto, designated as local law No. of 19
of the City of having been s omitted to referendum pursuant to
the provisions of section (36)( ) of the Municipal Home ule Law, and lv iub received the affirmative vote
of a majority of the Qualifi • electors of such city voti g thereon at the peciai)(general) electio told on
19 , b ame Operative.
6. (County local aw couceruiug adoption of Charter.)
•
I hereby certif that the Iocal law annexe• ercto, designate ns local law No. of 19
of the Count of , State of New Yo -, having been sub •itted to
the electors :t the General Election of ovember 19 , pursua, to subdivisions 5 a • 7 of
section 33 •f the•Municipal Home R. e Law, and havi : received the affirma ' c vote of a majority .f the
Qualifies electors of the cities of s d county as a uni and of a majority of t c qualified elcctots of he towns
of said ounty considered as a u 't voting at said g . eral election, became '.perative;
•
(If y other authorized for of final adoption ns beeti'followed, p ase 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.
IP ,
•
. •
.0. . -
• et o t • vunty s: s awe Ps•r•y, lacy,• own or •i age . crk • •
or officer designee d •y local Iesileative l ody
(Seal) Date: October 15, 1998
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of Iocality.)
•
STATE OF NEW V LK •
COUNTY OF /Q- L , r •
•
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had at taken fur the enactment of the local law annexed hereto.
•
34 41490)2.--j—'
Town of t -
•
• Village ``
•
Date: Qf llwi/ (7,l F'cr
(3)
•
1 MEN YORK STATE DEPARTMENT OF STATE
Local Law Filing 162 WASHINGTON AVENUE; ALRAUY, uY 1231
(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. .
RA N
row n
°' ..Y. k))
Local Law No. 4 or the year 19 :�.a •
A LOCAL LAW EXTENDING FOR AN ADDITIONAL NINETY (90) DAYS A
A local law MORAT.Q.R.1.U.M...F..4.ft..THE...RS.T.A.sA,S1.HMENT OF ADULT ENTERTAINMENT
BUSI N ESSE(Svsert Title)
•
Rc it enacted by tho 'TO.WN...B.OARD o[ the
(Nama of Legitlstive Body)
C2C y • •
•
•
00( of follows:
Town as follos:
VXI a,)X •
•
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Findings and Purpose. The Town Board of the Town of Danby finds:
• 4. The Town of Danby adopted Local Law No. 1 of the Year 1998 providing for a
moratorium of one hundred eighty (180) days on the establishment in the Town of Danby of adult •
entertainment businesses as defined in such local law.
•
2. Since April 13,•1998, the date the Town Board voted to adopt such local law, the
Code Enforcement Officer of the Town of Danby has prepared a study on the effects of adult
eniertainment businesses on surrounding properties and draft legislation is in the process of being
prepared for submission to the Town Board for consideration.
3. •Upon completion of the review by the Town Board the proposed legislation and
related study will be referred to the Planning Board•as required by New York State law for review
and recommendation to the Town Board. Upon completion of the Planning Board's review it is
anticipated that the legislation will be referred to the Town Board for final action.
4. It is anticipated that this process of review by the various Town bodies and final
action can be completed within ninety(90) days of the expiration of the original one hundred eighty
(180) day moratorium.
5. The purposes of any new legislation would be significantly subverted if an adult
entertainment business were to be established before appropriate legislation could be carefully
studied and, if found desirable, enacted.
. 6. Accordingly, in order to maintain the status quo relative to such adult entertainment .
businesses during the limited additional time the Town needs to review and adopt any appropri ate
legislation,it is necessary to extend the previously adopted one hundred eight •(180)day moratorium
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
nnc•/eo fn...., 7/9n)
Local Law No.4 of 1998
for an additional period of ninety (90) days. /;;;;\ U��
Section 2. Amendment of Local No. 1 of the Year 1998. The Local Law No. 1 of the
Year 1998 is amended to effect such extension of the moratorium set forth in such Local Law by
deleting wherever it appears in said Local Law the phrase or phrases "180 days", "one hundred
eighty days", and one hundred eighty day" and inserting in place of such phrases the phrases "270
days", two hundred seventy days" and "two hundred seventy day".
Section 3. Applicability. This local law shall apply to all areas of the Town of Danby.
Section 4. Partial Invalidity. If any provision of this law is found invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which
shall remain in full force and effect.
Section 5. This local law shall take effect ten days after publication of this local law or
an abstract or summary of same in the Ithaca Journal.
(Complete the certification in the paragraph that applies to the filing of this Iocal law and
strilcc out that which Is not applicable.)
•
((.. )) 11.___r_..2) J
. r-cr-P--•1. (Final adoption by local legislative body uuly.)
I hereby certify that the local law annexed hereto, dcsignatr.d as local law No.• 4 of 19 98
of the (County)(City)(Town)(Village) of DANBY was dui
TOWN BOARD -_ on October 7 19 98, in accordance with the applicable duly passed by the
acne o Legislative Body) pp Provisions of lacy,
2. (Passage by local legislative body with approval, no disapproval or repassage after•. sapproval
by the Elactive Chief vocative Offlcer'.) .
I hereby certify that t local law annexed hereto i -signaled as local law No of 19 •
of the (County)(Cit Town)(Village) of was dul passed by the
on _� _ 19_, and was (a..roveci)(not disapprove (repassed after
`erne or egis a e body
disapprov by the and was deemed dui
(meetly. Chie(Ex olive(nicer') duly adopted on ,. 1�
in acc• dance with the applicable provisions of law.
3. (Final adoption by • •ferendum.)
• I hereby certify-t - the local law annexed hereto : -signaled as local law'No, of 19
of the (County ity)(Town)(Vilingc) of was duly passe by the
arse of Le• .Iattve -ody • on 19 , and was (app •ved)(not disapproved)(rep sed after •
disapp .val) by the on 19 Such local w was
fl •etly• C •x•eutiv• lriccr
•
. S. emitted to the people b eason of a (mandatory)(perrnis • e) referendum, and received a affirmative
ote of a majority of the qualified electors voting ther : at the (general)(special)(annu election held on
.79 , in accordance with the applicable provisions of law, .
4. (Subject to permissive ref• enduru and final adoption cause no valid petition s filed requesting
refcrndum.) .
I hereby certify that the local Iow annexed hereto designated as local law 1 ., er 19_
of the (County)(City own)(Village) of was duly p sed by the
on 19 , and was (ap ,ruved)(no: disapproved)(r• .ossed after
ame of eghlativo ao•y
disapproval) • the - . on 19 Such Joca aw was subject to
Elect[ve Chief Exec we Officer'
permissiv, referendum and no ve 'd petition requesting suc , r• erendum was filed as or 19--.
in acco .ancc with the applica. - provisions of law. •
•
•
•
'Elective Chief Executive Officct ,nest, or includes the chief executive officer of h county elected on a
county•-wide basis or, If there be—none, the chairman of the county legislative body, the mayor of a city
or vI11age, or the supervisor of a town where such officer Is vested with the power to approve or veto local
laws or ordinances. , ••
..
•(2) .
•
., (C1'ty local law concerning Charter revision proposed by petition.)
•
1 hereby certify that the local law annexed hereto, designated us local law No. of 19
of the City of having been s •mitted to referendum pursuant to
the provisions of section (36)( ) of the Municipal fiomc ule Law, and 11' tub received the affirmative vote
of a majority of the qualifi electors of such city voti g thereon at the _peciai)(general) electio told on
19 , b ame operative.
•
6. (County local aw couceruiug adoption of Charter.)
I hereby certif that the Iocal law annexe• ereto, designate as local Iaw No. of 19
of the Count of , State of New 'Yo , having been sub •itted to
the electors :t the General Election of ovemher 19 , purtsua. to subdivisions 5 a • 7 of
section 33 •f the.Municipal Home R • e Law, and havi : received the affirma ' e vote of a majority •f the
oualifie. electors of the cities of s d county as a uni and of a majority of t• c qualified electors of he towns
of said ounty considered as a u 't voting at said g- eral election, became •.perative.•
•
•
(If y other authorized for of final adoption as beeti'followed, p ase provide an appropritate certification.)
•
•
•
•
•
I further certify that X 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.
•
• •
• "4/
• et o I ,• vunty e •arty >a!,y, wry,. own or •i age 1.crk
or officer deaigna, d •y local legilaative body
(Seal) Date: October 15, 1998
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, 'Village Attorney or
other uuthorizod Attorney of locality.)
•
STATE OF NEW YORK
COUNTY OF •
•
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had oi taken fur the enactment of the local law annexed hereto.
•
•
-
Signature '.'
•
Title
County
City of
• Town
• Village
Date:
• . . 1
(3)
- .Loca,l Law Filing NEU YORK STATE DEPARTMENT OF STATE
• 162 WASHINGTON AVENUE, AtaANY, NY 12231
(Use this form to file a local law with the Secretary of State.) i
Text of law should be given as amended. Do not include matter being eliminated and do not
use itnlics or underlining to indicate new matter. .
. C ;ie.:7:N%\
y row'. of QANDY ( ji�
'Ri = I
Local Law No. 4 of the year ]9 :9.8.. -
A LOCAL LAW EXTENDING FOR AN ADDITIONAL NINETY (90) DAYS A
A local law MORA...TQRWM...E9R...T.H.E..,( S.IAt3.,Sa.HMLNT OF INDULT ENTERTAINMENT
BUSINESSR1 sect Title) •
•
)tce it enacted by the •T.D.W.N...B.OARD • • of file
(Namo of Legislative Body) •C2i06Xy .
04 of DANBY as follows:•
Town
VIIDaC .
Be it enacted by the Town Board of the Town of Danby as follows: •
•
Section 1. Findings and Purpose. The Town Board of the Town of Danby finds:
1. The Town of Danby adopted Local Law No. 1 of the Year 1998 providing for a •
moratorium of one hundred eighty (180) days on the establishment in the Town of Danby of adult
entertainment businesses as defined in such local law. .
2. Since April 13,•1998, the date the Town Board voted to adopt such local law, the
Code Enforcement Officer of the Town of Danby has prepared a study on the effects of adult
eniertainment businesses on surrounding properties and draft legislation is in the process of being
prepared for submission to the Town Board for consideration.
3. •Upon completion of the review by the Town Board the proposed legislation and
related study will be referred to the Planning Board•as required by New York State law for review
and recommendation to the Town Board. Upon completion of the Planning Board's review it is
anticipated that the legislation will be referred to the Town Board for final action.
4. It is anticipated that this process of review by the various Town bodies and final
action can be completed within ninety (90) days of the expiration of the original one hundred eighty
(180) day moratorium. .
5. The purposes*of any new legislation would be significantly subverted if an adult
entertainment business were to be established before appropriate legislation could be carefully
studied and, if found desirable, enacted.
. 6. Accordingly, in older to maintain the status quo relative to such adult entertainment .
businesses during the limited additional time the Town needs to review and adopt any apprcriate
legislation,it is necessary to extend the previously adopted one hundred eight •(180)day moratorium
(If additional space Is needed, attach . • .
pages the same size as this sheet, and number each.) ;
(1)
flne.71,1 fn,.,,. 7/9n) •
Local Law No.4 of 1998
for an additional period of ninety (90) days. ( )' J \''
Section 2. Amendment of Local No. 1 of the Year 1998. The Local Law No. 1 of the
Year 1998 is amended to effect such extension of the moratorium set forth in such Local Law by
deleting wherever it appears in said Local Law the phrase or phrases "180 days", "one hundred
eighty days", and one hundred eighty day" and inserting in place of such phrases the phrases "270
days", two hundred seventy clays" and "two hundred seventy day".
Section 3. Applicability. This local law shall apply to all areas of the Town of Danby.
Section 4. Partial Invalidity. If any provision of this law is found invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which
shall remain in full force and effect.
Section 5. This local law shall take effect ten days after publication of this local law or
an abstract or summary of same in the Ithaca Journal.
the certification In the
•
(Complete parngraplt that applies to t•
he tiling of this local lacy and
strike out that which Is not applicable.)
•
X, (Final Adoption by local legislative body uuly.) • k//
I hereby certify that the local law annexed hereto, designated as local law No.' 4 of 19 98
of the (County)(City)(Town)(Village) of DAN BY was duly passed by the
TTOWN BOARD ._ on October 7 19 98, in accordance with the applicable provisions of law,
T arne ot L■gi.letive Body)
•
•
•
•
2. (Passage by Iocal Iegislative body with approval, no disapproval or repassage after•• sapproval
by the Elnr.ftve Chief vocative Officers.) .
I hereby certify that t local law annexed hereto : -signated as local law No • of 19 •
of the (County)(Cit Town)(Village) of was dui passed by tale
on _" ., _ 19—, and was (a.•roved)(not disapprove (repassed after
`erne of ego a e booty
disapprov by the and was deemed duly •
y adopted on
(raectty■ Chief-Ex utlJ•Olficer•) 1��,
in acc• dance with the applicable provisions of law. •
•
•
•
•
3. (Final adoption by • ,rerenduni.)
•
• I hereby certify-t • the local law annexed hereto : -signaled as local law No, of 19
of the (County ity)(Town)(Vilingc) of was duly passe by the
Amt of Le. dative -ody on 19 , and was (app •ved)(not disapproved)(rep sed after
disapp •val) by the on 19
Such local w was
(t-IeeUv• C -x.cutiva iGccr
emitted to the people b eason of a (mandatory)(permis • e) referendum, and received e affirmative
ote of a majority of the qualified electors voting ther at the (general)(special)(annu election held on
.19 , in accordance with the applicable provisions of law, . •
4. (Subject to permissive ref• enduru and final adoption cause no valid petition s filed requesting
rcferndum,)
•
I hereby certify that th- local raw annexed hereto designated as local law 1 s. .r 19
of the (County)(City own)(Yillage) of was duly p sed by the
on 19 , and was (ap-ruved)(not disapproved)(r. .assed after
ame of eglflativa £o•y
disapproval) • the on 19 Such loca aw was subject to
Elective Chief Exec the Officer'
permissiv, referendum and no vo. •d petition requesting sue i r• erendurn was filed as of • 19 ,
in acco .ance with the applica. - provisions of law.
•
'Elective Chicf Executive Officer ,neat„ or includes the chief executive officer of A county elected on a
county-~vide basis or, If there bc'none, the chairman of the county legislative body, the mayor of a city
or s• llage, or the supervisor of a tow,, where such officer Is vested with the power to approve or veto local
laws or ordinances. ••
•
•
•
•
•
(2)
•
•
. ;.(Clity local law concerning Charter revision proposed by petition.) •
•
T hereby certify that the local law annexed hereto, dosignated as local law No. of 19
of the City of having been s emitted to referendum pursuant to
the provisions of section (36)( ) of the Municipal Home ule Law, and 11' lug received the affirmative vote
• of a majority of the qualifi • electors of such city voti g thereon at the _peciai)(general) electio told on
19_, b amt operative.
C y6. (County local aw coueeruiug xtluptiun of Charter.) • •
I hereby certif that the Iocal law annexe• ereto, designate as local law No. of 19
of the Count of , State of New Yo having been sub ,itted to
the electors :t the General Election of ovemher 19._._, pursua• to subdivisions 5 a • 7 of
section 33 •f the"Municipal home R. e Law, and havi : received the affirma ' e vote of a majority if the
qualifies electors of the cities of s d county as a uni and of a majority of 1 c qualified cicctots of he towns
of said ounty considered as a u 't voting at said g- eral election, became .perative•
•
•
(If y other authorized for of final adoption as been'followed, p ase•provide an appropritate certification.)
•
•
'1 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.
•
Ole,k o tine (runty le a stir y, oicy,• own or i age V crk •
or officer designa d y local legilastive body
(Seal) Date: October 15, 1998
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, 'Village Attorney or
other authorized Attorney of Iocality.)
•
STATE OF NEW YORX
COUNTY OF •
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had ar taken fur the enactment of the local law annexed hereto.
•
Signature
Title
County
City
of
• Town
Village
Date: •
(3)
•
TOWN OF DANBY
LOCAL LAW NO. 4 OF THE YEAR 1998
A LOCAL LAW EXTENDING FOR AN ADDITIONAL NINETY (90) DAYS
A MORATORIUM FOR THE ESTABLISHMENT OF
ADULT ENTERTAINMENT BUSINESSES
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Findings and Purpose. The Town Board of the Town of Danby finds:
1. The Town of Danby adopted Local Law No. 1 of the Year 1998 providing for a
moratorium of one hundred eighty (180) days on the establishment in the Town of Danby of adult
entertainment businesses as defined in such local law.
2. Since April 13, 1998, the date the Town Board voted to adopt such local law, the
Code Enforcement Officer of the Town of Danby has prepared a study on the effects of adult
entertainment businesses on surrounding properties and draft legislation is in the process of being
prepared for submission to the Town Board for consideration.
3. Upon completion of the review by the Town Board the proposed legislation and
related study will be referred to the Planning Board as required by New York State law for review
and recommendation to the Town Board. Upon completion of the Planning Board's review it is
anticipated that the legislation will be referred to the Town Board for final action.
4. It is anticipated that this process of review by the various Town bodies and final
action can be completed within ninety(90) days of the expiration of the original one hundred eighty
(180) day moratorium.
5. The purposes of any new legislation would be significantly subverted if an adult
entertainment business were to be established before appropriate legislation could be carefully
studied and, if found desirable, enacted.
6. Accordingly, in order to maintain the status quo relative to such adult entertainment
businesses during the limited additional time the Town needs to review and adopt any appropriate
legislation,it is necessary to extend the previously adopted one hundred eighty(180)day moratorium
for an additional period of ninety (90) days.
Section 2. Amendment of Local No. 1 of the Year 1998. The Local Law No. 1 of the
Year 1998 is amended to effect such extension of the moratorium set forth in such Local Law by
deleting wherever it appears in said Local Law the phrase or phrases "180 days", "one hundred
eighty days", and one hundred eighty day" and inserting in place of such phrases the phrases "270
days", two hundred seventy days" and "two hundred seventy day".
2 Local Law No.4 of 1998
Section 3. Applicability. This local law shall apply to all areas of the Town of Danby.
Section 4. Partial Invalidity. If any provision of this law is found invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which
shall remain in full force and effect.
Section 5. This local law shall take effect ten days after publication of this local law or
an abstract or summary of same in the Ithaca Journal.
llith,�
ll} 1 'h,
c `
txce
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE TT=n '
P 1, ii 0 ,!.1a
November 30, 1998
CAROL W. SCZEPANSKI
TOWN OF DANBY
1830 DANBY ROAD
ITHACA, NY 14850
RE: Town of Danby, Local Law 5, 1998, filed 11/20/98
The above referenced material was received and filed by this office as indicated. Additional local
law filing forms will be forwarded upon request.
Sincerely,
C.:_jaAkjuL. g EititAiti__,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
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STATE OF NEW YORK --•— .-ja.:)
DEPARTMENT OF STATE ---_��
ALBANY, NY 12231-0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE
October 29, 1998
JOHN C. BARNEY
BARNEY, GROSSMAN, DUBOW & MARCUS
119 E. SENECA BLDG W
ITHACA, NY 14850
RE: Town of Danby, Local Law 4, 1998, filed 10/22/98
The above referenced material was received and filed by this office as indicated. Additional local
law filing forms will be forwarded upon request.
Sincerely,
cia,,,,,„,... g EAA.I.L,_.
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
0 printed on recycled paper
1 Town Board Minutes
Special Meeting
October 7, 1998
RESOLUTION NO. 54 OF 1998 -ADOPTED
RESOLUTION ADOPTING THE LOCAL LAW EXTENDING FOR AN ADDITIONAL
NINETY (90) DAYS A MORATORIUM FOR THE ESTABLISHMENT OF ADULT
ENTERTAINMENT FACILITIES
By Councilperson Gagnon: Seconded by Councilperson Stiener
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Danby for a
public hearing to be held by the Town on October 7, 1998 to hear all interested parties on a
proposed local law entitled "A LOCAL LAW EXTENDING FOR AN ADDITIONAL NINETY
(90) DAYS A MORATORIUM FOR THE ESTABLISHMENT OF ADULT
ENTERTAINMENT BUSINESSES", and -
WHEREAS, a notice of said public hearing was duly advertised in the Ithaca Journal; and
WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the
Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of
or in opposition to said proposed local law, or any part thereof; and
WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State
Environmental quality Review Act) it has been determined by the Town Board that adoption of
said proposed local law is a Type II action and therefore not subject to environmental review
under SEQR:
NOW THEREFORE, be it
RESOLVED, that the Town Board of the Town of Danby hereby adopts said local law entitled
"A LOCAL LAW EXTENDING FOR AN ADDITIONAL NINETY (90) DAYS A
MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT
BUSINESSES", a copy of which is attached hereto and made a part of this resolution; and it is
further
RESOLVED, that the local law or an abstract or summary of same be published in the Ithaca
Journal as soon as practicable after its adoption; and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with
the Secretary of State as required by law.
TOWN OF DANBY
LOCAL LAW NO. 4 OF THE YEAR 1998
A LOCAL LAW EXTENDING FOR AN ADDITIONAL NINETY (90) DAYS
A MORATORIUM FOR THE ESTABLISHMENT OF
ADULT ENTERTAINMENT BUSINESSES
2 Town Board Minutes
Special Meeting
October 7, 1998
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Findings and Purpose. The Town Board of the Town of Danby finds:
1. The Town of Danby adopted Local Law No. 1 of the Year 1998 providing for a
moratorium of one hundred eighty (180) days on the establishment in the Town of Danby of
adult entertainment businesses as defined in such local law.
2. Since April 13, 1998, the date the Town Board voted to adopt such local law, the
Code Enforcement Officer of the Town of Danby has prepared a study on the effects of adult
entertainment businesses on surrounding properties and draft legislation is in the process of being
prepared for submission to the Town Board for consideration.
3. Upon completion of the review by the Town Board the proposed legislation and
related study will be referred to the Planning Board as required by New York State law for
review and recommendation to the Town Board. Upon completion of the Planning Board's
review it is anticipated that the legislation will be referred to the Town Board for final action.
4. It is anticipated that this process of review by the various Town bodies and final
action can be completed within ninety (90) days of the expiration of the original one hundred
eighty (180) day moratorium.
5. The purposes of any new legislation would be significantly subverted if an adult
entertainment business were to be established before appropriate legislation could be carefully
studied and, if found desirable, enacted.
6. Accordingly, in order to maintain the status quo relative to such adult
entertainment businesses during the limited additional time the Town needs to review and adopt
any appropriate legislation, it is necessary to extend the previously adopted one hundred eighty
(180) day moratorium for an additional period of ninety (90) days.
Section 2. Amendment of Local No. 1 of the Year 1998. The Local Law No. 1 of the
Year 1998 is amended to effect such extension of the moratorium set forth in such Local Law by
deleting wherever it appears in said Local Law the phrase or phrases "180 days", "one hundred
eighty days", and one hundred eighty day" and inserting in place of such phrases the phrases
"270 days", two hundred seventy days" and "two hundred seventy day".
Section 3. Applicability. This local law shall apply to all areas of the Town of
Danby.
Section 4. Partial Invalidity. If any provision of this law is found invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local law
which shall remain in full force and effect.
Section 5. This local law shall take effect ten days after publication of this local
lawor an abstract or summary of same in the Ithaca Journal.
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
TOWN OF DANBY )
I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the
County of Tompkins, State of New York, hereby certify that the forgoing resolution is a true and
exact copy of a resolution duly adopted by the Town Board of said Town of Danby at a Special
meeting held on the 7th day of October , 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby,
this 16th day of October , 1998.
Carol W. S 4anski, Town Clerk
HARRIS BEACH , ITHACA ID : 273-6444 OCT 15 ' 98 14 : 24 No . 005 P .03
TOWN OF DA.NBY
NOTICE OF ADOPTION OF LOCAL LAW EXTENDING FOR AN ADDITIONAL
NINETY (90) DAYS A MORATORIUM
ON THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES
NOTICE IS HHEREBY GIVEN, that at a regular meeting held on the 12th day of
October, 1998, the Town Board of the Town of Danby duly adopted a local law, an abstract of
which follows:
ABSTRACT OF LOCAL LAW
Said local law:
(a) Made a number of findings including findings that the Town is progressing in its
investigation of the need for legislation to regulate adult entertainment businesses, but needs an
additional 90 days to complete the process;
(b) Amended Town of Danby Local Law Number 1 of the Year 1998 to extend for an
additional 90 days the moratorium on the establishment of such businesses; and
(c) Included certain other provisions regarding applicability and effectiveness of the
local law.
A complete copy of the Local Law is available for reading and inspection at the Town
Clerk's office, 1830 Danby Road, Ithaca, New York 14850, Monday through Friday, between
the hours of 8;00 a.ru. and 4:00 p.m.
Carol W. Sczepanski
Town Clerk
October 15, 1998