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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27091
Experience:  Began practicing law in 1992
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I own a retail condo in a multi purpose building. The lower

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I own a retail condo in a multi purpose building. The lower level is retail or office. the upper level is residential. The building is zoned C-3. There is an established "up scale" tattoo salon that wants to lease/purchase. They sale ONLY body are and local paintings. I am meeting with a noticeable amount of negative response. The only thing in the by laws states that if a business is an "endangerment" to the building. What can I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Who is giving the negative response?

JD 1992 :

And are you wanting to lease to the or not?

Customer:

Some of the home owners and 1 commercial owner. Out of 11 residential condos. Only 4 are occupied by owners the others are rented. I am wanting to lease for two years and then they will purchase

JD 1992 :

There is nothing in your facts that indicate you can't lease to them.

JD 1992 :

There is nothing about a tattoo parlor that inherently qualifies as "endagngerment".

JD 1992 :

This is actually a fairly common occurrence, people are afraid tattoo parlors will bring in "the wrong crowd" but I don't think that's true any more.

JD 1992 :

In addition, there are laws and ordinances that prevent loitering, noise, etc.

JD 1992 :

I did see one situation where the building owner got a list of worries from the surrounding businesses and addressed them in the lease to the tattoo parlor and resolved the situation.

JD 1992 :

It was mostly things about hours, etc.

Customer:

They say it will be a detriment to the building. But they have nothing to go by except the "stigma" and they think it will draw an unwanted bunch. I had any concerned meet and address those questions. It really did boll down to the fact of the stigma of a tattoo parlor. They have agreed to 12-8 and fri. and sat 12-10. Not loitering. Just people waiting for a setting that they made an appotiment.

JD 1992 :

Their fears are too ambiguous and not grounded in fact to prevent your lease to them.

JD 1992 :

You could also consider doing a short term lease, 3 or 6 months, to the parlor to see if anything develops but that isn't required it's just a matter of whether you feel obligated to try and resolve ungrounded fears.

Customer:

C 3 zone in Chattanooga does allow tattoo parlors and does not consider it an ADULT business. But, Can they stop me and sue me as if the by law says if the homeowners deem it un safe or a detriment to the building. That is pretty much where we are. I have put strict stipulations in the lease. If they violate them they will be in be breach of contract.

JD 1992 :

Not unless there is something else in the lease that you aren't mentioning. There is no basis for a tattoo parlor being considered an "endangerment" and so they are going to be out of luck.

Customer:

That's pretty much what it says. It does give examples of shops it allows. Office space, "up scale eaterys , high end retail. But what is there now is a gym, beauty shop, messy music store, casual dinning, and a social network. the lease states this is a "up scale" tattoo salon. which the "up scale" fits. The association has NEVER questioned any renter before. It appears to me there is some discrimination here.

JD 1992 :

It used to happen a lot when tattoo parlors first caught on and cities were trying to prevent them but if it is a C-3 commercial space they are going to have an extremely difficult time preventing it. It is hard to distinguish between a tattoo parlor and a gym, beauty shop, or music store.

JD 1992 :

I would imagine if you want to hire someone to do it you can get pictures of people going in and out of those stores who have tattoos.

Customer:

The association , which by the way I am one of 3 board members and own 2 units, Is threating, If I sign a lease. they will put an (injuction) to stop them from going forward. What can they do and if so how long can they stall.

JD 1992 :

They can ask for an injunction but it is unlikely to stall things more than a week or two.

JD 1992 :

You probably want to go ahead and hire your lawyer and get ready.

JD 1992 :

Start investigating, taking pictures of the clientele of the other businesses, etc.

Customer:

I think that takes care of it. Thank you, XXXXX XXXXX please send a copy of this to my email ? XXXXX@XXXXXX.XXX That is an underscore between stan and carnahan. Thanks

JD 1992 :

I will ask the moderator to do that, the experts don't have any way.

JD 1992 :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

Customer:

Thank you, XXXXX XXXXX Stan Please ask them to send me a copy. I don't have a printer here

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27091
Experience: Began practicing law in 1992
Dwayne B. and 11 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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