The New Albany City Council will amend the adult cabaret ordinance that passed on first and second readings when it convenes Monday.

The new measure switches the closing time for live adult entertainment clubs from midnight to 3 a.m. and shifts the 6-foot no-touch rule to 5 feet.

Councilman Bob Caesar — who introduced the ordinance and headed a committee based on restricting adult clubs — said the amendments are to ensure the city is following legal precedent.

“We’re trying to cover all our bases, and we don’t want to be discriminatory,” he said.

The Indiana Seventh District Court of Appeals ruled a 5-foot no-touch rule was constitutional, Caesar said. As for the extension of hours, Caesar said legal counsel advised that state alcohol rules permit a club to stay open until 3 a.m.

Caesar said the committee did not meet with representatives from the Rustic Frog — a club located at 1720 Old River Road — because the measure isn’t just about one establishment.

“This is to protect the citizens from all businesses of this nature,” Caesar said. “This does not single out one business — this legally applies to all businesses.”



Other council items

• The first reading on a planned unit development district for 2857 Charlestown Road will be taken by the council.

The area in question is set to be developed by Gary McCartin and would result in a new Wendy’s location, as the business would close its current spot along Charlestown Road if the project is approved.

The New Albany Plan Commission provided a favorable recommendation for the PUDD on Feb. 18, despite objections from property owners in the vicinity of the proposed development.

Three previous PUDD requests for the same location were shot down by the council. Those projects were larger and included plans for offices, a bank and restaurant.

If passed, the latest version of the PUDD would only permit the Wendy’s on a little over three acres of the 12.5-acre site.

• An ordinance creating a Bicentennial Commission will receive a first vote.

The commission would consist of five residents from New Albany — three appointed by Mayor Doug England and two by the council — which would plan, coordinate and implement projects and events to celebrate New Albany’s 200th birthday in 2013.

• The council meeting begins at 7:30 p.m. Monday in the third-floor Assembly Room of the City-County Building.



So you know

• After a PUDD is passed by the council, it must come back to the New Albany Plan Commission for a secondary review plan.