The video from the ordinance hearing is below. I missed the first few minutes of the introduction to the ordinances by Chairman Rich Kehoe. The exchange between Kehoe and former Mayor Susan Kniep is marginally entertaining.
Here are the proposed ordinances being discussed.
Proposed Adult Business Ordinances
Some things that are unanswered for me are:
1. In Section 8-61 Definitions the following items are vague and undefined.
(13)
“sexually oriented business” means any enterprise where a substantial or significant amount of the business or activity is associated with the performance, depiction, display or exhibition of a semi nude body, sexual activity or sexual anatomical areas and shall include sexually oriented retail stores or theaters and sexually oriented cabarets or live semi-nude entertainment;
(16)
“sexually oriented retail store or theater” means any enterprise which has a substantial or significant amount of its inventory or floor space for, or of its income from, (A) media or novelty items, gag gifts, toys and paraphernalia that depict sexual activity, semi-nude bodies, or sexual anatomical areas or (B) novelty items, gag gifts, toys and paraphernalia that are designed or marketed for stimulating human genital organs, sexual arousal or sadomasochistic use except for medical films or publications or art or photograph publications that devote at least twenty-five percent of the lineage of each issue to articles and advertisements dealing with subjects of art or photography;
Just what constitutes a substantial or significant amount and who makes that decision. It sure seems as though the town may have to incur significant legal expenses the first time these questions are decided in court and then they may end up toothless.
2. While the license laws seem on their face to be a good idea there are a few things that rub me the wrong way. The license applications for both owners/managers and employees would in my understanding be public documents. According to the application requirements every single piece of information needed to perpetrate identity theft/fraud on these people would be public information.
Further, there is no legal requirement that a person have either a drivers license or social security card. It may be secret knowledge to many, but the social security program is entirely opt-in at birth, or any time thereafter, so certain person may not have a number. The requirements for either of those in order to apply/receive a license would appear to be discriminatory. Finally, any time the government makes it standard practice to archive biometric data under any guise it’s bogus. Fingerprints aren’t necessary and are just one more privacy invasion.
3. Why is section 8-69 there?
Sec. 8-69. Location.
The provisions of section 503.3 of the town zoning regulations, as may be amended from time to time, are hereby incorporated by reference, and any violation of such regulations shall be deemed a violation of the provisions of section 8-61 through section 8-79, inclusive.
Section 503.3 of the zoning regulations refers only to special permit requirements. Am I missing something? The administration’s ill thought and rushed plan before the P&Z will strip any remaining Adult Business references from section 503.3 if passed long before these ordinances are even voted on. What is going to happen now is when the P&Z acts, whether on the existing proposal or some other one (hopefully some other one) the council is going to have to change these ordinances to make section 8-69 relevant.
Tags: Masters Club LLC, Ordinances, Public Hearing, Town Council
