First "Adult Entertainment" Ordinance Proposed

Fairhope, Alabama

CITY CURRENTLY HAS NO RESTRICTIONS

City Administrator Greg Mims told the city council that a new city ordinance is being drawn up regulating where "sexually oriented adult entertainment businesses" may locate within the city. Mims said the city is using Foley's (and other cities') current ordinance as a template, since its already been tested in the courts.

Mims said the city currently has no zoning regulations regarding such things and if such a business wanted to locate here -- there is nothing the city could do about it.

Mims: "... the city today does not have an ordinance that regulates adult entertainment ... what that means is ... if somebody walks in today to the planning department and says they want to open up ... a strip club ... it could (eventually) go somewhere ... there have been many lawsuits throughout the country (to allow) ... we need to get something on the books ... how we regulate ... adult entertainment businesses ... ."

Mims said the proposed new ordinance is a permitting process: there's a application fee ($3,000), special license required, have to be certain distances from churches, schools, playgrounds, homes, et al.

Mims said under the proposed ordinance it would be "tough to find a spot" where such a business would ever be allowed to locate in a B-2 or industrial-zoned areas (M-1).

Businesses specifically mentioned include: adult motion picture rental, adult theater, adult steam room/sauna, adult companionship establishment, adult massage parlors, adult novelty store, adult cabaret, adult hotel/motel, escort agency, adult modeling studio, et al.

DOES NOT INCLUDE TATTOO STUDIOS

Mims told the Times later that the proposed ordinance does not cover businesses such as tattoo studios: Some neighbors on west Magnolia Ave. objected recently when one was proposed (and eventually approved) there.

Councilman Kingrea, who initially opposed the Magnolia tattoo studio -- but later withdrew opposition, supported the new ordinance in a statement to the Times:

"This ordinance, or one similar to it, definitely is needed. We (the City) learned we did not have any ordinances which specifically addressed "adult entertainment- type" businesses. While not banning these types of businesses, there are some fairly restrictive requirements contained in the proposed ordinance which should insure we maintain Fairhope as a family friendly town."

Council President Mixon suggested the ordinance be brought back for consideration in September, after council members have had time to review it.