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Resident Rick Matters has been after the board to evict Route 20 News & Video, 275 Columbia Turnpike because the store sells items of an adult nature, including videos, DVDs and sex toys.
There are also private booths where people over 21 can view sex tapes.
Following a hearing earlier this month at which attorneys for the business argued the town's law violates their clients civil rights, Mr. Liccardi determined a study on possible secondary impacts must be done before the town makes a decision whether to attempt to shut down the operation.
"During the course of the hearing it was determined there is an expanding area of case law in regards to adult businesses," said Mr. Liccardi. "A municipality cannot shut down a business on its content because that is a violation of the first amendment. A municipality can, however, based on adverse secondary impacts of such a business, put them in areas where there wouldn't be such a large impact. That's where the study comes in."
Mr. Liccardi said impacts such as increased crime; break-ins, assaults, prostitution, loitering, or disorderly conduct are a few of the possible associated impacts of an adult business.
Mr. Liccardi said he spoke with Police Chief Christopher Lavin, who said he is unaware of any adverse impacts since the business opened three years ago.
Supervisor Robert Angelini said there have been no problems with this particular business, but he worries if another opens close by, there will be problems.
The board hired Albany consultant Robert Penna, Ph.D. to research the secondary impacts related to the town law that limits where adult businesses can be located.
In this case they're permitted in an area off Route 9J. The business in question was already open when the law was passed.
Mr. Penna will also evaluate the town's existing law and the effect of it and make recommendations to the town.
"Then we will make a determination of what will be done, if anything," said Mr. Liccardi. "It is possible we will amend our law, come up with a new one altogether or impose more restrictions. It is also possible we will consider new locations."
Now the law regulates adults business to River Road near Teller's Crossing and Railroad Avenue. There oil tanks along the road, a few trucking businesses and other industrial operations.
Mr. Liccardi said the law is clear that a municipality cannot prohibit adult businesses, but towns can restrict their location to be "reasonable" sites.
"What is considered a reasonable location is something else Mr. Penna will evaluate," he said.
Supervisor Angelini noted the town has just finished its master plan, part of which calls for the development of waterfront property.
"What we need to find out is how legal are law right now is and whether we should consider other areas and where those might be," he said.
Mr. Liccardi said he expects the study to be complete within 8 to 12 weeks.
Attorneys for C&W Stores, Inc., claim the town law zones adult businesses out of existence and that the definition of adult bookstore is vague and invalid because, in enacting the law, the town failed to follow the procedures for amending the zoning code outlined in the Comprehensive Zoning Law and in state laws.
When C&W Stores Inc. filed an application in 2003 to open the business, the application indicated newspapers, magazines and videos would be sold, but no mention was made as to the adult nature of the items.
When residents, and then the board found out, officials passed the local law which states in part that adult businesses can only operate in areas where there are no nearby residences, schools, day-care facilities or churches.
Owner William Muratore was notified last September that the business was in violation of town code and given two years to vacate the premises. In October, the businessman's attorneys requested a hearing be held to discuss the issue.
If the town decides to issue the business a ticket for violating the town code, business owners will have to appear in Town Court and there will likely be a trial. If it is determined the business is not in violation, it will remain open.
The Town of Schodack conducted a study before they approved an adult business law. Done by Lawrence Howard, the study found that the character of a neighborhood can "change dramatically" when there is a concentration of adult businesses. Schodack designated a narrow strip of land off Route 9 near the Columbia County border for adult businesses.
