Tattoo Applicant Questions City Board's Neutrality

Fairhope, Alabama

MAYOR WANTED MORATORIUM

At the last council meeting, Mayor Kant  and council member Kingrea requested a moratorium be placed on the issuance of business licenses for tattoo salons to allow for further study about where they should be allowed to be located, hours of operation, etc.

Kant: "The issue isn't about not allowing tattoo parlors in Fairhope ... (but) it would be prudent to have hours of operation in place, exactly where we allow them ... B2 only or B1? Its never addressed anywhere in the Comprehensive Plan or Zoning Ordinances."

Kant said he wanted to slow the process down to "see if we want new regulations or not."

Kant: "I don't think its fair to give a business license -- then change the rules after the fact."

"If we don't do the moratorium, the Board of Adjustments will be making the the political decision for the residents ... that Board is not a political body ... its to interpret the laws and rules on the books."

APPLICANT SAYS BOARD IS BIASED

Kevin Black, who is seeking a license for the business at 212 Magnolia Ave., questioned the Board's neutrality on the issue.

Black: "I've been dealing with the Board of Adjustments ... had a great discussion at their last meeting ... my concern is ... Mayor Kant has a great deal of influence over that Board ... I feel like I will not be treated fairly... ."

MORATORIUM DENIED

After hearing from City Attorney Wynne about the legal appeal process in place, the council decided not to approve the moratorium requested by the mayor and Kingrea.

Wynne: "The decision of the administrative official would be appealed to the Board of Adjustments. The Board would make a ruling ... then the applicant (or city) would then have the right to appeal the decision to circuit court."

The Board of Adjustments will take up the matter at its regular meeting this Monday at 5PM. Board members are: Sam Andrews, Debra Green, Clyde Panneton, Cathy Slagle, Troy Strunk and Anil Vira.

(According to a source familiar with the situation, Magnolia Ave. neighborhood residents who are objecting may also be able to appeal the decision to circuit court if it goes in the applicant's favor.)

(Another council member told the Times that a moratorium may indeed be a good idea, but not in Mr. Black's case, which is already "in the pipeline.")