Upstate N.Y. Town Restricts Adult Stores

Steve Javors
KENDALL, N.Y. — Adult stores are under siege in a small New York town near Rochester. The Kendall Town Board is expected to pass an amendment to a local zoning ordinance that aims to restrict the locations of adult businesses. A meeting and vote are scheduled for Thursday.

The proposed law says the town will “regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the town of Kendall.”

The law seeks to restrict adult bookstores to a “general business district” that cannot be located within 1,000 feet of places of worship, schools, public park areas, public facilities or public properties. The building cannot be within 500 feet of a private residence or another adult establishment.

The town of Kendall had taken six months to research the viability of the law by examining similar statutes in neighboring areas.

“We did that, and the Planning Board did their own research relative to what they thought they wanted in there, as well as our attorneys, who have something to say about the content,” Town Supervisor William Vick said. “It’s modeled on what’s required and what seems to work.”

The business district occupies a downtown area of Kendall. The town population was approximately 3,000 in late-2004.

Town Councilwoman Christine DiNatale said the law was a pre-emptive proposition against encroachment of adult material in the center of town.

“We’re just trying to get in there before someone does approach,” DiNatale told The Journal-Register.

The text of the law “not only includes regulations about location, but guidelines for permit requirements, penalty violations, inspection requirements and permitted uses,” the newspaper wrote.

After the law is passed, which DiNatale and Vick believe will happen easily, the law is filed with the secretary of state.