Adult bookstore scoffs at city’s latest tactic

Erin Neff

Tuesday, Feb. 15, 2000 | 10:59 a.m.

The Las Vegas city attorney's office hopes that adding a paragraph and deleting a word in the municipal code will finally give the city the legal standing to force an adult bookstore to close.

But an attorney for Hot Stuff Video scoffed at the proposed amendment Monday, claiming the change addresses only one of the myriad concerns expressed by the 9th U.S. Circuit Court of Appeals when it denied the city's attempt to close the adult store.

"Now they've only dealt with two of the problems out of a code that is chock-full of unconstitutional issues," attorney Michael Stein said, after a two-member council committee authorized the full council to adopt the code change Wednesday.

Deputy City Attorney William Henry told the committee the bill corrects a constitutional defect identified by the 9th Circuit Court.

"Hopefully, this will cure the defect," Henry said.

The proposed ordinance clarifies the time period the city has to act upon an application relating to an adult bookstore.

The amendment specifies that the city shall approve or deny the application within 30 days after it has been filed and the applicable fees have been paid.

The time element is at the crux of the city's attempt to close the store on West Charleston Boulevard, just west of Decatur Boulevard.

Hot Stuff opened in March 1997 in an area zoned for commercial uses. A city audit later found that more than half of the store's material was sexually oriented, and thus, a violation of the city's zoning code.

The store added mainstream videos to its stock in order to remain open legally until the appeals court ruled the city did not provide quick judicial ruling when an applicant such as Hot Stuff appealed the city's denial of a business license.

Last year, the city thought it corrected the problem and again attempted to close the store -- in part by issuing daily citations to the manager.

Stein filed an emergency motion with the 9th Circuit, which granted an injunction prohibiting the city from using the chapter in its municipal code to close the store.

"This proposed language will allow us to use 606.025," Henry said, referring to the specific chapter in the municipal code proposed for amendment.

For months, residents and members of the Charleston Neighborhood Preservation Group have picketed City Hall between the City Council's morning and afternoon session with signs proclaiming "No Porn" and "Keep our neighborhood free from smut."