The XBIZ Weekly Retail Round-Up

Tod Hunter
GEORGIA

Love Shack Appeal Denied, Sent To Fulton County

ATLANTA — Love Shack owner John Cornetta's attempt to appeal Fulton County's denial of a business license to a federal court was thrown out when Federal Judge Thomas Thrash Jr. ruled that Cornetta should have appealed the denial with Fulton County administrators first. Because he didn't, the federal court didn't have any reason to consider Cornetta's appeal, Thrash said.

A favorable ruling would have required Fulton County to give him a business license retroactively, establishing the Love Shack as lawfully in business before Johns Creek became a city Dec. 1, 2006, and therefore, grandfathered in.

Cornetta was recently found to be in contempt of court for operating Love Shack in violation of a court order. Before that ruling, Cornetta said that he had reduced the percentage of adult merchandise in the store to comply with a Johns Creek ordinance.

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MASSACHUSETTS

Doc's Sports Bar Preparing Appeal

MILFORD, Mass. — Doc's Sports Bar will appeal the town's decision not to grant a special permit to have adult entertainment, according to a lawyer for the bar.

The Zoning Board of Appeals voted 4-1 on March 13 to deny owner Kevin Coady's application to permit adult entertainment.

Boston attorney Kenneth Tatarian, who represents Doc's, has until April 14 to file appeal.

"We have to prepare a complaint that challenges the board's decision and so forth, and that's what we'll do," Tatarian said. "There will be an appeal."

Tatarian told the Zoning Board his client's club would feature burlesque entertainers in the striptease style of Gypsy Rose Lee as well as Chippendales-type performers comparable to the Male Revue shows at nearby Mendon's End Zone Sports Pub. The shows would "on occasion" include some nudity.

The Zoning Board's written decision said that Doc's is within 400 feet of a residential zone and therefore ineligible by law to offer adult entertainment.

When an appeal is filed, "We will deal with it," said Town Counsel Gerald Moody.

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SOUTH CAROLINA

State Senator Proposes Porn Surcharge

CHARLOTTE, N.C. — Republican State Senator Mike Fair has proposed a 20 percent surcharge on magazines the state considers obscene.

Fair said the fee on magazines — such as Playboy and Hustler — would raise about $385,000, and proposes that the money go to the state Department of Probation, Pardon and Parole to manage sex offenders.

Senators did not vote on the measure.

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VIRGINIA

Greene County Passes Adult Business Ordinance

STANARDSVILLE, Va. — The Greene County Board of Supervisors voted unanimously to amend its zoning ordinance pertaining to sexually oriented business at its regularly scheduled meeting Tuesday, March 25.

“We know that across the mountain, some folks have had some issues with this type of business. What we’re trying to do is … get ahead of the curve and [define] where these businesses are allowed and where they are not,” Zoning Administrator Bart Svoboda told the Board.

The ordinance defines a sexually oriented business, and requires a county special use permit for one to be opened. It also requires that sexually oriented businesses be a minimum of 1,000 feet from residences, churches, schools, day care facilities, parks and from other sexually oriented businesses.

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AUSTRALIA

City Council Refuses Sex Shop Application

BERWICK, Australia — An application to establish an adult store in Berwick was refused by Casey Council this week. The Sextastic Adult Variety Store was to be located in a factory and sell adult literature, videos, lingerie and other sex aids.

The Council received 23 objections, including a petition signed by 138 people.

Several submissions received in support of the proposed store were allegedly falsified, which applicant Scott Gowans attributed to a mix up with names and addresses.

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