Town of Nichols

COUNCIL ADOPTS ADULT ENTERTAINMENT ORDINANCE:

What began with discussions approximately two years ago about the possibility of a local adult entertainment ordinance culminated Wednesday night with the adoption of such a law.

The adoption was unanimous in the absence of Council Member Matthew Kuhlman, and the four “yes” votes were cast by Councilmen Charles Quick, Kenneth Snowden and Horst Wagner, as well as Town Supervisor James Branston.

Action was taken during the regular meeting that followed a public hearing, at which time none of the seven people in the audience posed questions or comments.

“We've been through about six drafts, have reviewed and corrected it (the proposed ordinance), and a lot of people seem to have been under the impression that an adult entertainment center was coming to the town and we were looking for a place to put it,” Branston reported. “There was nothing to that; we just wanted to do our due diligence and make sure all our bases were covered.”

The local ordinance was officially adopted after the council, declaring itself the lead agency for the New York state-mandated State Environmental Quality Review Act, authorized Branston to sign a statement that the ordinance's adoption would have no negative environmental impact.
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In essence, Jacobs explained, the town board took into account numerous reports from other states that found the opening of adult entertainment centers tend to attract undesirable transients, causes an increase in crime, reduces population by encouraging business and residents to move out of the affected area, and blight the town.

The term “adult entertainment center” as set forth in the ordinance contains 18 separate definitions and states where such establishments may be placed.

Penalties are also specified, and violations are punishable by a fine of up to $350 and/or six months in jail.

A second offense committed within five years carries a fine of $350 up to $700 and/or six months imprisonment.

A third offense within five years carries a fine of $700 to $1,000 and/or six months imprisonment.

This article usefully outlines in its own way the process for adopting a local law, and an adult use law in particular, the major events of which are: conduct a secondary effects study, make the municipal zoning referral, hold a public hearing, adopt a negative declaration (usually), adopt the law, and file it with the Secretary of State. What struck me though is the sloppiness of the vocabulary: there are no "town councils" in New York, there are town boards; Nichols adopted a local law, not an "ordinance"; a SEQRA negative declaration states there are no significant adverse environment impacts, not that there are no negative environmental effects. No harm, no foul, but irksome (to obsessive/compulsive types).