Bar withdraws request for waiver of city's adult establishments law

The owner still hopes to allow women in bikinis to dance on stage after 9 p.m.
By DAVID SKOLNICK
CITY HALL REPORTER
YOUNGSTOWN -- A Market Street tavern owner wanting to have bikini dancers at his bar withdrew his request to the city planning commission seeking a waiver from Youngstown's laws governing adult establishments because he doesn't believe he is operating such a business.
John M. Battaglia opened his business earlier this month at 2810 Market St. in the city's Uptown area at the former Blue Note bar.
Battaglia wants to have women dancing in bikinis on a stage after 9 p.m. Battaglia said a member of the police department's vice squad told him he may want to seek a waiver from the planning commission because the bar could be considered an adult cabaret by city officials.
Battaglia sought the waiver Tuesday, but after a discussion with commission members, he determined the dancers wouldn't violate the city's adult establishments law.
The city law classifies an adult cabaret as an establishment that features "persons who appear in a state of nudity, live adult entertainment performances characterized by the depiction or description of specified anatomical areas, or live adult entertainment performances or dance characterized by the depiction or description of specific sexual activity."
Battaglia said his dancers will not do any of those actions.
Changes to law
Also, changes made by city council on adult establishments in July would preclude Battaglia from operating an adult cabaret at that location, said Bill D'Avignon, the city's deputy director of planning.
Adult cabarets are prohibited 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 bar, D'Avignon said.
City Law Director Iris Guglucello, a planning commission member, questioned if Battaglia's bar should be considered an adult cabaret and suggested he withdraw his request.
But she also warned Battaglia: "If you open, and the city determines it's an adult cabaret, it's very likely you'll be cited and have problems keeping your business open."
Also Tuesday, the commission recommended to city council that it approve giving up ownership of a 70-foot-by-250-foot city-owned right of way on McCartney Road, east of Fincastle Lane.
Walgreens is planning to build a 14,820-square-foot store on the corner of the streets. Construction is expected to begin next spring and be done by late 2006.
skolnick@vindy.com