New Law Limits Adult Businesses’ Operations

Though the city may not prohibit adult businesses such as book and video stores, officials this week passed regulations that put stringent limits on how and where they may operate.

The City Council, which last month passed an emergency ordinance to forestall a proposed lingerie store featuring nude models, approved a permanent measure Tuesday.

Court cases have made clear that adult businesses are protected by the free-speech clause of the 1st Amendment to the U.S. Constitution, Assistant City Atty. Stan Soo-Hoo said.

But cities may regulate the businesses so that their presence does not lower property values or increase crime and blight, he said.

Council members voted unanimously to adopt the ordinance, which details what is prohibited at such establishments, including sexual acts. The new regulations are based on the results of numerous court cases challenging such laws.

“I think it’s unfortunate we have to subordinate community values and goals to satisfy court decisions in support of so-called free speech,” Councilman Mike Spurgeon said.

The new law amends the city’s zoning code and increases to 1,000 feet the distance the businesses must be from residences, churches and schools. The distance previously was 500 feet.

Each proprietor would have to apply for a permit to open a sexually oriented business and, should the business offer live entertainment, each performer would have to go through a police background check.

Shows must be done on stages, and patrons may not be closer than six feet to the performers, the new law states.

The council also agreed to create a task force to monitor adult businesses and make sure they follow the law.