Have Legal Questions? Ask a Lawyer Now.
Hello, and welcome to JustAnswer! I am preparing your response. Please remain online for a few moments, so you can get your answer right away.
Thank you for providing the code. I am looking it up now.
According to the code, there are three ways to qualify as an adult bookstore, and thereby fall under the ordinance. One of this is 5%+ of floor space, so you would want to stay under that percentage. Anothor is by sales percentage. If your net sales from erotic materials if 5% of your total volume, or higher, the ordinance applies. The most difficult aspect of this ordinance, may be the portion that reads as follows:
"an establishment having a substantial or significant portion of its stock in trade, books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas . . ."
The problem is with the the phrase "significant portion of its stock . . ." as this leaves so much room for ambiguity. Technically, this portion of the statute, if challenged, might be able to be defeated on the basis of vagueness and ambiguity, as "significant" is not defined. There is nowhere to tell where the threshold is, but we do know it is somewhere below the 50% mark. There is also know way to know the measuring stick as it pertains to the term "portion" (i.e., is portion determined by weight, volume, price, etc.). That said, I do not recommend you become the person or entity that challenges the statute, because you will have nothing but trouble along the way.
Here's my suggestion in light of the fact that you are facing a potentially no-win statute:
another question if say the video or mags were not sold but given as a free item along with purchase of an item could that be possible to avoid or limit the 5% sales clause?
because spacewise im good
Contact the City Attorney's office, provide specifics of your business (volume, size, cost, selling price, etc.) and get a written opinion letter that will give you protection in the event you are challenged under the statute.
Potentially, yes, but you have to avoid all three pitfalls. That's why an opinion letter as clearance, so to speak, is really the only way to get peace of mind in this situation.
the ity attonery? the city does not have this ordinance its just the county
sorry keyboard has bad buttons
Let me check something. I'll be right back with you.
wuls asking for such a letter not "red flag" the idea of the move thjen further later issue
OK, thanks for waiting. You could still contact the City attorney's office for the letter, even though this is a county code. The reaason is that the City Attorney will be able to best advise on how the particular city interprets and enforces the code, and how it has done so in the past.
i am moving the busienss due to the building that i am currently in being remodeled and just dont know that if i move the new location outside city limits or inside city limits would be best?, the one outside is better bigger and less rent but inside city i will not have the "issue" w ordinace as i currently do not have that issue....if this helps
Letting them know that you are bringing revenue to their city and that you want to make sure you are in compliance will generate a reasonably good response time.
i have had alot of cops stops at my store as well due to shoplifting and whatnot so they are fully aware of what all i cary
You will certainly have an easier time if you stay within your city. You will also have a better chance of keeping your current customer base.
so a city can have "their" rules and the bcouty of which the city is in have their own as well?
It doesn't matter if the police know or not. This isn't their area, and their knowledge is not transferred to the powers that be for this particular matter. It is the City Attorney who will enforce the statute. Therefore, make sure that you get their clearance, or at least reasonable clarification as to policies, if you are going to move to the new city.
Best of luck!
If you need more information, just let me know and I will be happy to continue to assist you.
If I have answered your question, please remember to click “ACCEPT.”
Clicking the green “ACCEPT” button will not cause you to incur any additional expense, and it is the only way that an expert gets paid for providing assistance, even if you have made a deposit or have a monthly subscription.
I leave Positive feedback for all accepted answers.
Positive feedback helps customers get quick responses to future questions.
If you would like to request my assistance for future questions, please begin the question with "FOR ATTORNEY 1".
This communication contains general information, only, and does not constitute the provision of legal advice. Information provided herein is not intended to replace a detailed legal consultation, and does not create an attorney/client relationship.
i would simply being reloacting in the same city if stayed in city limits
thank you for your help
You are more than welcome.
If you need help in the future, feel free to request me, directly, by beginning new questions with: “For Attorney 1”.
Oops, sorry, my keys need help, too.
another question this code doesnot mention anything regarding the novelties or "toys" did you see anything?
Re: Videos -
Adult video store means an establishment having a substantial or significant portion of its stock in trade videotapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five percent of its total floor space, devoted to the sale or display of such material or which derives more than five percent of its net sales from videos which are characterized or distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
While not specifically mentioned, novelties are presumed included by the "statement of purpose" which reads, in pertinent part, as follows:
"The purpose of this article is to regulate certain types of businesses, including, but not limited to, adult entertainment establishments . . ."
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).