NEW BUSINESS Bar unlikely to win waiver for dancers



The city sees the establishment as an 'adult cabaret.'
By DAVID SKOLNICK
CITY HALL REPORTER
YOUNGSTOWN -- A Market Street bar operator looking to feature women dancing in bikinis at his business is unlikely to have his request honored because of recent law changes by city council, said Youngstown's deputy director of planning.
John M. Battaglia opened his business a week ago at 2810 Market St. in the city's uptown at the former Blue Note bar.
Battaglia submitted a request Tuesday for a waiver to a provision in the city's adult establishments law with the planning department seeking to employ "dancers after 9:00, no nudity."
The request is on the city planning commission's agenda for its next meeting, Oct. 18.
New law
But changes made in July to the city's laws on adult establishments would preclude Battaglia from hiring the dancers, said Bill D'Avignon, deputy director of planning.
Using female dancers wearing bikinis would categorize Battaglia's bar as an "adult cabaret," under city law. On July 20, council approved a law prohibiting adult cabarets from "operating within 500 feet of any church, public or private school, library, public playground, public park or private residence."
There are as many as six residences within 500 feet of Battaglia's establishment, D'Avignon said.
The planning commission, D'Avignon said, is "not permitted to grant waivers to a city ordinance that prohibits something. But I can't stop [Battaglia] from seeking the request."
Attempts to reach Battaglia on Friday were unsuccessful.
Battaglia can continue to operate the bar without dancers, D'Avignon said.
Battaglia used to operate the New Affair Lounge, D'Avignon said. That bar opened in 1997 on East Midlothian Boulevard, near Shirley Road, and features scantily clad women.
skolnick@vindy.com