The city said in a filing on Friday that it has inspected the store and it's a sexually oriented business. The city argues that owner John Cornetta is in direct violation of a Feb. 28 court order issued by Fulton County Superior Court Judge Ural Glanville, and is asking for a $500 fine plus a $3,000 fine for every day the Love Shack is not in compliance.
Cornetta has previously said he is in compliance with the city's zoning ordinance and the judge's order.
Glanville's written order says Cornetta couldn't operate a sexually oriented business at its Johns Creek location.
Glanville's order also stated that Cornetta needed to obtain a regular business license for any business he operates there. Cornetta applied for a 2008 regular business license, saying the Love Shack's inventory didn't cross the threshold for the city's definition of an adult business.
The city says Cornetta violated its ordinance because 25 percent or 500 square feet of his floor space is dedicated to adult material. Twenty-five percent of displayed merchandise consists of adult material and the store regularly offers for sale, or rental, at least 1,000 adult items including sexual devices.
A hearing is set for 11 a.m. Monday.