County puts adult businesses on hold

Adrienne Packer

Thursday, June 20, 2002 | 9:31 a.m.

After heated debate about whether adult business owners can expand their shops while Clark County drafts an "adult use" overlay district, the County Commission on Wednesday approved a moratorium on new adult-oriented businesses.

Board members agreed businesses that were zoned or received permits for adult businesses before June 5 can move forward. Existing adult-oriented businesses cannot expand unless owners have already submitted plans.

The proposal to retroactively impose the moratorium to June 5 -- the day the board introduced but did not vote on the ordinance -- sparked debate among commissioners.

Commissioner Erin Kenny argued the temporary ban shouldn't go into effect until after Wednesday's public hearing and subsequent vote.

She fought for one developer she claimed would be hurt by the retroactive date because he had plans to expand his adult-oriented business, but had only applied for a tavern permit.

During their June 5 meeting, however, commissioners directed planning administrators to reject all adult use applications until Wednesday's public hearing. And Deputy District Attorney Rob Warhola said the board's action was appropriate.

"Had the board not done that, based on the past, we would have had a flood of applications," Warhola said. "We would have received so many applications it would have undermined the ordinance."

Commissioners proposed creating a district similar to gaming overlay districts -- areas designated for certain businesses so that residents know what can potentially be built near them.

Commissioner Yvonne Atkinson Gates was strongly opposed to Kenny's recommendation to exempt the owner who intended to expand his adult business, but had only applied for a tavern license.

She argued that developers or business owners often misrepresent their intentions when they apply for zoning and that is how adult-oriented businesses have encroached on communities. Adult use businesses are allowed in areas zoned for industrial uses.

"They'll apply for zoning for an outside storage and as soon as they get it, they put in an adult business," she said. "They submitted an application for a tavern, not an adult use. They're not forthright; they're not being honest."

In addition to imposing the moratorium, which will be in effect until commissioners consider the new overlay district in October, the board clarified definitions of "adult uses."

The commission strengthened language in its ordinances to ensure the public understands that swingers clubs -- bars that charge a fee and allow consensual sexual activity -- are not permitted in Clark County.

The clarifications angered at least one resident, who said government shouldn't be involved in private business.

"I don't think you should be a moral agency dictating moral standards," said resident Ed Azevedo. "I don't want to see our rights eroded. Once there is a hole in the dam, everything begins leaking."

Susan Schroeder commended the board for strengthening its law and considering districts in which adult-oriented businesses can open. She used Industrial Road as an example of where sex shops have bumped into businesses that attract families.

"We're going to have shoppers coming out of (Fashion Show Mall) and seeing signs that say 'live nude dancers, private rooms, lap dances,' " she said. "That does not provide a good image. Do we want parents and kids to see that?"