In a March 8 letter to Cornetta, city manager John Kachmar said the recently formed city of Johns Creek had denied the request for a business license because the application contained materially false statements.
“The city's business license application form asks, 'Will your business be an adult business establishment sexually oriented business?’” Kachmar wrote. “You responded in the negative. This is materially false.”
The letter does not explain how city officials determined what constitutes an adult business.
According to Mayor Mike Bodker, Cornetta now must comply with the local law and stop selling adult material, ask to have the property rezoned or move to a new location where he can sell adult material.
“They’re picking on the wrong gunslinger,” Cornetta said.
Since opening his doors Nov. 29, Cornetta has been at odds with Johns Creek, which became a fully functioning city Dec. 1.
The gap between the Love Shack opening and Johns Creek incorporating allowed Cornetta to operate without a license for the past few months.
The city had tried but failed to close Cornetta down in a state court lawsuit that was dismissed. Cornetta has counter-punched with a filing in U.S. District Court claiming that Fulton County had illegally denied him a business license.
Cornetta maintains that the Love Shack complies with local ordinances for adult stores because he sells the required amount of non-adult inventory.
Cary Wiggens, an attorney for Cornetta, said his client had attempted to obtain a business license from Johns Creek in an effort to comply with the law.
“That's just good practice,” Wiggens said. “When you go to court to claim you've been harmed, the judge is going to ask, ‘Well, did you try?’”
Cornetta is next expected in federal court for an April 2 hearing.
