Bath puts restrictions on adult businesses
BY MARY PERHAM The Leader

BATH - Adult entertainment stores will be restricted to two parcels of land in the village of Bath.

Village trustees unanimously passed a village building code allowing for two adult business "zones" in retail/industrial space on the village outskirts along State Route 415 North and State Route 54 North.

Village Attorney John Leyden said the law also gives businesses now selling some adult materials, such as videos, up to three years to move their businesses to the new zones. Penalties for code violations will begin at $250 and/or 15 days in jail for the first offense and jump to $500 and/or 15 days in jail for subsequent violations, Leyden said.

The new law is based on recommendations by the village planning board during a moratorium set two years ago by trustees.

Village Mayor David Wallace said the law does not encourage adult businesses, but sets up districts governed by regulations.

"If we're forced to allow them in, that doesn't mean they have to be in a high profile area," Wallace told trustees. "You can designate where they go."

Village officials said the law will reduce or lessen proven secondary results of adult businesses such as "increased crime rates, noise, and traffic, decreased property values, and the general deterioration of neighborhoods."

The law prohibits any adult business located within 500 feet of:

 A church, synagogue or other place of worship.

 A public or private elementary school, secondary school or licensed child daycare center.

 A boundary of any residence or residential zoning district

 A public park or cemetery

The law also restricts signage and the number of adult use stores on any lot.

Village Planning Board head Barney Bonicave said his board considered 1,000- foot restrictions, but realized that would prevent any adult businesses in the village.

"We can't (prevent them)," Bonicave said. "That would be illegal."

The planning board recommendations also included a zone near the Tops plaza, but trustees removed the zone, due to heavy traffic on the street and the frequent presence of children in the area.

The new village law is the result of local outrage two years ago when an adult bookstore surprised residents by opening in the town of Bath near Interstate 86 Exit 39.

Despite the furor, town officials were unable to close the store after it opened. Federal court decisions have consistently upheld the right of the shops to open under a number of laws, including freedom of speech and antidiscrimination legislation.

Within weeks of the adult bookstore opening in the town, village trustees enacted a moratorium to allow time for study on new zoning regulations by the village planning board. The law passed Monday is the result of that study.

The town board also approved a moratorium on new adult businesses and set up a special citizens committee last year on land use. The town does not have zoning laws, but can enact land regulations.

The town's committee is set to meet at 7 p.m. Thursday in order to gather public input.

In other action Monday night, trustees

 Approved hiring a consultant for further development of the village skate board park. The consultant will be paid through village funds, but any new equipment will be paid through fundraisers and grants, officials said.

 Approved a four-way stop at the corner of Shannon and Hudson streets.

 Set 6 p.m. Oct. 27 for a Halloween parade

 Set 6-8 p.m. Oct. 31 for Halloween trick or treat.

 Agreed to consider next month becoming a "certified local government" in order to preserve historic buildings.

Also, street Supervisor Jeff Muller told the board his department will begin leaf pick-up Oct. 23. Muller said the village compost area will close Nov. 4