New Restrictions Coming Governing "Adult" Businesses? - blog*spot

Fairhope, Alabama
6 MONTH MORATORIUM REJECTED

A proposed ordinance to suspend the issuance of business licenses to tattoo salons and "adult-type" businesses for 6 months was defeated by a 3-1 vote Monday. Council members Kingrea, Mixon and Ford voted against it, Quinn for it. (Stankoski abstained).

Proposed Ordinance: "Whereas the city council desires to study further the appropriate siting of the following types of businesses within the city's corporate limits under its zoning ordinance: body art/tattoo studios, permanent make-up facilities, body piercing facilities, ?and adult entertainment businesses ... placing a moratorium of limited duration and limited scope would be in the public interest and would promote orderly growth and development."

The proposal had been introduced at the last council meeting for discussion, but had been allowed to lay over for 2 weeks. ?If it had been enacted, it would not have included Kevin Blacks's?tattoo/graphic arts studio at 212 Magnolia Ave., which had already been allowed by the Board of Adjustments last week.

Councilman Kingrea, who initially supported the moratorium, said they were "not trying to regulate art" but rather to "regulate certain types of businesses that come into the downtown area."

Kingrea: "... as far as tattoo studios go, Mr. Black's is as nice of one we'll ever see. The fact of the matter is we don't need a new ordinance ... we need to change our (existing) ordinance."

Kingrea said the ordinance changes might include not only restrictions on "adult entertainment" but also
such things as "fast food places like McDonalds and ?Hardees in the downtown area."

Kingrea; "There's a bunch of things we need to look at ... how do we want the downtown area to present itself ... how we want the entire town to present itself ?... downtown, out on 98 or east of 98."

Councilwoman Quinn said she had spoken with Planning Director Smith and they had talked about forming a sub-committee on the planning commission to "bring together people in the industry (tattoo) and people on the other side too (against) ... to sit down and talk about it ... to decide if this is what we want to do."

Quinn: "I'm kind of in favor of going ahead with a moratorium ... give us six months to give a breather ... time to sit down ... bring together everyone in the industry ... ?tattoo industry, not necessarily adult entertainment ... get everybody at the table to discuss it ... wouldn't want to do it without input from physicians,?Kevin and anybody else in the industry."

Councilman Stankoski ?deemed the issue a "wake up call."

Stankoski: "We need to reassess what we want our community to look like ... not any of these particular businesses but in general ... need to look at our ordinances to determine exactly where we want to go."

Councilman Mixon agreed with Stankoski:

"What we need is more specificity, this ordinance (moratorium) was just thrown together ... a last minute catch all ... poorly worded ... we need to be forward looking with an ordinance but this is not the way to do it."

Councilman Ford agreed: "We should throw this one away (moratorium) ... and hit the one that seems to be the biggest problem ... ."

"ADULT ENTERTAINMENT" BIGGEST CONCERN

City Administrator Mims called parts of the city's current zoning ordinances "vague" and said he thought the "adult entertainment" category is the biggest concern at the moment: the modified ordinance should address that as a priority. He said this is the first town he has been associated with without an ordinance specifically governing adult entertainment.

Mims: " We do run the risk of not dealing with adult entertainment businesses ... there are so many things left off the table ... do this in parts ... that one particular use ... needs to be addressed sooner rather than later."

STAFF TO WORK ON ?ORDINANCE CHANGES

The city attorney and planning staff are to research similar such ordinances in other cities -- before proposing any changes to the council. No specific time frame was set.

Source: http://thefairhopetimes.blogspot.com/2012/07/new-restrictions-coming-governing-adult.html

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