Laserfiche WebLink
Empirical Evidence, Law and Policy, Vol. 31, No. 2 (April 2009), Adult Business Study: <br /> Town and Village of Ellicottville, Cattaraugus County,New York(January 1998), <br /> the Board of Supervisors finds: <br /> a. Adult establishments, as a category of commercial uses, are associated with a wide <br /> variety of adverse secondary effects including, but not limited to, personal and property <br /> crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, <br /> illicit drug use and drug trafficking, negative impacts on surrounding properties, urban <br /> blight, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment <br /> and lowers inhibitions,thereby increasing the risk of adverse secondary effects. <br /> b. Adult establishments should be separated from sensitive land uses to minimize the <br /> impact of their secondary effects upon such uses, and should be separated from other <br /> adult establishments, to minimize the secondary effects associated with such uses and to <br /> prevent an unnecessary concentration of adult establishments in one area. <br /> c. Each of the foregoing negative secondary effects constitutes a harm which the County <br /> has a substantial government interest in preventing and/or abating. Additionally, the <br /> County's interest in regulating adult establishments extends to preventing future <br /> secondary effects of either current or future adult establishments that may locate in the <br /> County. The County finds that the cases and documentation relied on in this resolution <br /> are reasonably believed to be relevant to said secondary effects. <br /> The Board hereby adopts and incorporates herein its stated findings and legislative record <br /> related to the adverse secondary effects of adult establishments, including the judicial opinions <br /> and reports related to such secondary effects. <br /> Section 3.29.02 Regulations <br /> 1. No person shall establish, operate, or cause to be operated an adult establishment in Hall <br /> County within: <br /> a. 1,000 feet of another adult establishment; <br /> b. 500 feet of a business licensed to sell alcohol at the premises; or <br /> c. 1,000 feet of a residential district, residential use, residence, church, educational <br /> institution, park, or recreational facility. <br /> d. For the purpose of this section, measurements shall be made in a straight line in all <br /> directions without regard to intervening structures or objects, from the closest part of <br /> the structure containing the adult establishment to the closest point on a property <br /> boundary of another adult establishment, a business licensed to sell alcohol at the <br /> premises, a residential district, a residential use, a residence, a church, an educational <br /> institution,park, or a recreational facility. <br /> 2. No adult establishment shall be or remain open for business between 12:00 midnight and <br /> 6:00 a.m. on any day. <br /> 13 <br />