Findings and rationale. Based on evidence of the adverse secondary
effects of Dance Halls, Cabarets, and similar commercial establishments,
including certain kinds of adult entertainment establishments, presented
in hearings and in reports made available to the Village Board of
Trustees, and on findings, interpretations and narrowing constructions
incorporated in the cases of Dallas v. Stanglin, 490 U.S. 19 (1989);
Festa v. New York City Dept. of Consumer Affairs, 820 N.Y.S.2d 452
(N.Y. Sup. 2006), aff'd with modification, 830 N.Y.S.2d 133, 37 A.D.3d
343 (N.Y. App. Div. 2007), appeal dismissed by, 872 N.E.2d 870 (N.Y.
2007); Inc. Village of Babylon v. John Anthony's Water Cafe, Inc.,
137 A.D.2d 792, 525 N.Y.S.2d 337 (N.Y. App. Div. 1988); Cemco Rest.,
Inc. v. Ten Park Avenue Tenants Corp., 135 A.D.2d 461, 552 N.Y.S.2d
151 (N.Y. App. Div. 1987); Lyn v. Inc. Village of Hempstead, No. 03-CV-5041,
2007 WL 1876502 (E.D.N.Y. June 28, 2007); and Willis v. Town of Marshall,
426 F.3d 251 (4th Cir. 2005); City of Littleton v. Z.J. Gifts D-4,
L.L.C., 541 U.S. 774 (2004); City of Erie v. Pap's A.M., 529 U.S.
277 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Buzzetti
v. City of New York, 140 F.3d 134 (2d Cir. 1998); Gold Diggers, LLC
v. Town of Berlin, 469 F. Supp. 2d 43 (D. Conn. 2007); Ben's Bar,
Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Daytona
Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007);
Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008);
Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998);
and Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005), the
Board of Trustees finds:
[1] Dance Halls and Cabarets, as a category of commercial
uses, are associated with a wide variety of adverse secondary effects,
including, but not limited to, personal and property crimes, noise
and traffic congestion, prostitution, potential spread of disease,
lewdness, public indecency, illicit drug use and drug trafficking
and negative impacts on surrounding properties.
[2] Dance Halls and Cabarets should be separated from
sensitive land Uses to minimize the impact of their secondary effects
upon such Uses.
[3] Each of the foregoing negative secondary effects
constitutes a harm which the Village has a substantial government
interest in preventing and/or abating. This substantial government
interest in preventing secondary effects, which is the Village's rationale
for this section, exists independent of any comparative analysis between
subcategories of commercial entertainment establishments. Additionally,
the Village's interest in regulating Dance Halls and Cabarets extends
to preventing future secondary effects of either current or future
businesses that may locate in the Village. The Village finds that
the cases and documentation relied on in this section are reasonably
believed to be relevant to said secondary effects.