by J. Brooks Terry
Staff Writer
Legislation that would force many of the city’s adult entertainment businesses to relocate could get the City Council’s stamp of approval before the end of the month. Bikini bars may also get a new set of rules.
The bill, which has already gotten favorable recommendations from two Council committees and the City’s Planning Commission, would require those businesses that operate in close proximity to schools, churches and residential neighborhoods to move by as early as June 2007.
City Council member Suzanne Jenkins introduced the legislation on June 14 in hopes that it would help clean up those neighborhoods she said are being adversely affected by adult businesses including bookstores, movie theaters, video stores and clubs.
“This is a ray of hope for those communities,” Jenkins said. “They’ve had to deal with depressed land values and questionable activities for too long. It’s our responsibility as a City to help them.
“Plus we can boost our tax base by doing this. That’s good business.”
Many of those businesses have been open for years and are allowed to operate in their present locations because they were “grandfathered in” before the City established its 500-1,500 foot minimum distance requirements over a decade ago.
Tracey Arpen, an attorney in the City’s Office of General Counsel, said Jenkins’ legislation would allow owners of those “legally non-conforming businesses” time to recoup the investments they’ve made in their current locations, but that the City would push hard to get them out as soon as possible.
“I’d assume the earliest time deemed valid by the courts would be the time the City would be happiest with,” said Arpen, who was unsure of the exact number of businesses that would be affected by the bill. “But based on the language of what’s been drafted, a business couldn’t stall beyond 2015. Ten years is plenty of time.”
To date, adult business owners have been vocally opposed to any restrictions on their rights to stay open. At an April 12 Council meeting and at subsequent Land Use and Zoning committee meetings, several adult business owners have spoken out about the restrictions, saying it was their right as business owners to stay where they are if there is a demand to keep them there.
Hartsock Enterprises, which owns The Doll House on Atlantic Boulevard, has even threatened to sue the City if Jenkins’ legislation passes. The all-nude strip club doesn’t serve alcohol and has been at its current location for more than 40 years.
“That’s fine, let them sue because what we’re proposing is defensible,” Jenkins said. “I stand firm that these businesses need to take their money and move.”
Two public hearings regarding Jenkins’ bill have been scheduled for 6:00 p.m. on Aug. 9 and Aug. 23 at City Hall.
Dylan Reingold, another OGC attorney working with Jenkins, said he expected more adult business owner outcry would come as the Council vote approaches.
“Obviously the ‘industry’ is not happy about it,” he said. “But the public has been very supportive.”
Reingold primarily worked with Jenkins on a second component of the bill, one that would “tighten up” regulations at “bikini bars” citywide.
Currently those bars, where dancers wear full bikinis, are not governed by the City or the State, Jenkins said.
“It’s about time we did something about that,” she said. “There needs to be something on the books so that we can regulate them.”
Jenkins has proposed that any business that allows dancers to accept tips be specially licensed, have opaque exterior windows and impose age requirements for its employees and clientele.
“You should be 18 to enter and 18 to dance,” Jenkins said. “Having underage girls in there needs to stop.”
Restrictions on private rooms at the clubs would also be greatly tightened. No doors or curtains would be allowed and they would also have to be well-lit.
“If you want privacy, stay at home,” Jenkins said. “This bill is long overdue.”
Bikini bars would not be subject to the minimum distance requirements nor the proposed amortization schedule as the other adult entertainment businesses, according to the bill.
“No it’s more about being able to better regulate those businesses,” Reingold said. “The City hasn’t really had a way to do that until now.”