Citing that the company had misrepresented itself as a conventional retail business, the commission unanimously turned down the permit.
The commission also cited details of the city’s zoning laws which state that a permit would be allowed for a retail business, so long as not more than 20 percent of its merchandise was adult-related, while 80 percent remained nonsexual in nature.
The company has a right to appeal and an attorney representing Condom Revolution’s parent company, Auburn, Wash. - based Peekay Inc., said that they would consider an appeal.
Planning Commission Chairman Kent Allen declined to speak to XBIZ, but was quoted in an article posted on the DailyBreeze.com.
“For me, it boils down to the 80-20,” Allen told the DailyBreeze.com.
“Someone said it: ‘I don't know how to define pornography, but I know it when I see it.’ For me, this store is 100 percent when they're claiming 20 percent."
At the meeting, Peekay Vice President Charles Jewell may have given the commission further information to base their findings on by saying that minors would be prevented from entering the store.
“CVS Pharmacy doesn't keep kids out of the store because they sell condoms and massage oils,” Commissioner Peter Hoffman said in the same article. “This is not a normal retail establishment. This is an adult establishment.”
The three-hour meeting was attended by an attorney for the city and a packed house of Hermosa Beach residents intent on preventing the permit from being issued to Condom Revolution. As many as 40 speakers went before the commission to discuss what type of merchandise would be sold at the store.
Earlier this week, city residents staged protests outside of the proposed location at Eighth Street and Pacific Coast Highway, and at Hermosa Beach City Hall, chanting and carrying signs.
