The XBIZ Weekly Retail Round-Up

The XBIZ Weekly Retail Round-Up
Q Boyer
FLORIDA

Ordinance Seeks To Better Define ‘Adult’

PASCO COUNTY, Fla. — County commissioners are scheduled to clarify the county’s adult business ordinance at a public hearing on Jan. 22 by adding to its land development code definitions for the terms “specified anatomical areas" and "specified sexual activities."

Officials said that they hope the clarifications will make it easier to enforce the ordinance, which the county does about three times a year on average, according to the Tampa Tribune.

"We haven't had a problem enforcing [the ordinance]," Assistant County Attorney Kristi Wooden said. "This is just a necessary change. The purpose is to better define what is an adult business."

The county’s original ordinance contained definitions for "specified sexual activities" and "specified anatomical areas," according to Lee Millard, the assistant zoning and code compliance administrator, but those definitions were not carried forward when the ordinance was amended in 2002.

For more information, see the Tampa Tribune article

NORTH CAROLINA

Adult Business Rules Put On Hold

INDIAN TRAIL, N.C. — Indian Trail’s revised adult business rules have been put on hold to allow residents more time to make comments, according to reports in the Charlotte Observer.

In a joint meeting with the town council, the town’s planning board voted Monday to notify property owners in the proposed area where adult businesses would be permitted. The town will continue to take public comments through Jan. 22.

The town has had an adult business ordinance in place for years, but to date no adult businesses have located there.

Under the new ordinance, the areas eligible for adult businesses are restricted to a zone primarily located along the U.S. 74 highway. As the revised ordinance would require that adult businesses be at least 2,000 feet apart, much of the proposed zone would become unavailable for new adult businesses once the first adult business has been established there.

The revised ordinance would also require adult businesses to be located at least 1,000 feet from residential zones, churches, schools, day care centers, public parks and playgrounds.

Norwood Proposes Criminal Nuisance Ordinance

NORWOOD, N.C. — Norwood officials met Monday night to discuss a proposed Criminal Nuisance Ordinance designed to crack down on illegal activity in the town, including drug use, illegal consumption of alcohol and distribution of ‘obscene’ materials.

If adopted, the ordinance would enable the town to abate or enjoin any person, property or thing that is judged to be a “nuisance,” as that term is defined by the state.

Under state statute, nuisances include the “establishment, continuance, maintenance, use, ownership or leasing of any property for the purpose of possession or sale of obscene or lewd matter…. and conducted or repeated activities or conditions which violate a local ordinance regulating sexually oriented businesses so as to contribute to adverse secondary impacts,” according to the Albermarle-based Stanley News and Press.

Under the proposed ordinance, once a property owner has been notified, if the owner fails to stop the nuisance as ordered by the town council, the council may direct its staff to move forward with the abatement process. The property owner would be required to pay the cost of abating the nuisance, including administrative costs, within 30 days of notification.

If the costs are not paid, the town could then legally claim the property to secure payment of the abatement debt to the town. If the charges are still not paid, the offender would then be subject to criminal prosecution, injunctive relief or an order of abatement under state statute.

TEXAS

Collin County considers tougher limits on adult businesses

COLLIN COUNTY, Texas — Collin County doesn’t have any sexually oriented businesses, and county commissioners say they’d like to keep it that way.

"I just don't think they're desirable things to have in your county," said commissioner Jerry Hoagland, according to the Dallas Morning News.

In order to discourage adult businesses from setting up shop in Collin County, commissioners have proposed a new ordinance that includes the following provisions:

• Adult businesses must obtain a license from the Sheriff's Department.
• A $2,500 application fee along with a $1,000 annual renewal cost.
• Each employee of each adult business would be required to be licensed.
• The business owner would be required to undergo a criminal background check.
• The business owner would be required to have a valid Texas driver's license and cannot be delinquent on any fees, fines or taxes.

• Adult businesses would be required to be at least 1,320 feet from churches, schools, day-care centers, public parks and from other sexually oriented business.

For more information, click here