Calif. Appeal Court Rejects Alcohol Sales at L.A. Gentlemen's Club

LOS ANGELES — Owners of Little Tokyo Showgirls have every right to free speech but not to sell alcohol, a California appeal court ruled Monday.

Little Tokyo Showgirls, located downtown Los Angeles bordering on the Little Tokyo and Arts District, was designed by owner SP Star Enterprises Inc. to bring in wealthy, VIP-type clientele to the heavily industrial area. At one point the club was a Penthouse-branded gentlemen’s club.

But the 7,000-square-foot club has been road-blocked by the city Planning Commission over the issue of not being able to obtain a liquor license, which was the reason SP Star decided to sue the city.

Without a liquor license, SP Star said, business partner Penthouse bailed from the deal.

On Monday, however, the state Court of Appeal affirmed a Los Angeles Superior Court order that denied a conditional-use permit allowing liquor sales at the club.

In the suit, SP Star said out that if it would sell liquor, it would be required by Alcoholic Beverage Control regulations to limit its entertainment to topless dancing on a stage at least six feet from the nearest patron.

SP Star operators said they had invested more than $1 million in the club, would provide additional security and that the city zoning administrator agreed to grant the permit for one year.

But later, the Hompa Hongwanji Buddhist Temple and the operators of the Fukui mortuary appealed the zoning administrator’s decision.

Fukui voiced fears that sale of liquor so close to the mortuary would lead to mourners being disturbed. Fukui, which is three blocks from the club, is the site of more than 500 services a year and that they often go into the night in accordance with Japanese-American custom.

City Council members also opposed the permit and a Los Angeles Planning Commission official also testified about the problems with allowing liquor sales at the club, claiming that that “disaster follows if you combined alcohol, testosterone and late hours.”

The Planning Commission official predicted the facility would become a magnet for inmates being released from the Twin Towers county jail a few blocks away and for denizens of the nearby Skid Row area.

Planning Commissioners,3-1, sided with the objectors, with the majority saying the proposed use was inconsistent with the ongoing revitalization of the Little Tokyo and Arts District areas.

In the ruling Monday, justices denied SP Star’s petition to review the lower court’s decision.

“Problems at existing bars support denial of additional permits in the area,” the court ruled. “[T]he testimony and evidence submitted to the [Planning Commission] rationally was related to preservation of the character and integrity of the neighborhood based on current conditions and problems experienced in the area.”

The court distinguished cases involving other forms of commercial speech, striking down laws that gave public officials unfettered discretion over certain activities, including the placement of news racks or compliance with vague moral standards in order to obtain a permit to exhibit motion pictures.

Those cases, the court said, “uniformly involve speech, not on-site sale and consumption of alcohol.”

SP Star, the court wrote, has a permit to engage in protected activity, but has no vested right to make that activity more profitable.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Alito and Clarence Thomas repeatedly invoked during a hearing the infamous segregation-era law the Comstock Act, which was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

LELO Launches 'Masturbitter' Craft Beer to Promote Male Sex Talk

LELO has partnered with Great Beyond Brewing Company to launch Masturbitter, a craft beer, to encourage men to discuss sex.

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

Xgen Now Shipping ZOLO's 'Stroke Off' Collection

Xgen Products is now shipping the Stroke Off collection of 11 handheld strokers and four masturbators modeled after lifelike body parts.

Nobü Unveils 'Gyrä' Vibrating Grinding Pad

Nobü has introduced the new Gyrä vibrating grinding pad.

Orion Introduces New 3-Motor Vibrator From 'Sweet Smile' Line

Orion Wholesale has debuted the new three-motor RC G- & P-Spot Vibrator from its Sweet Smile line.

C1R Debuts 'Vers' Suction Dildo, Butt Plug

C1R has introduced its new Vers liquid silicone suction dildo and butt plug.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have petitioned the United States Court of Appeals for the 5th Circuit to stay its recent decision upholding the law, because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

Blush Erotica, The Kinky Candle Company Partner for Branded Candle

Blush Erotica has partnered with The Kinky Candle Company for an official branded candle.

Show More