St. Augustine City Commission decides adult zoning today

St. Augustine City Commission decides adult zoning today

KATI BEXLEY
kati.bexley@staugustine.com
Publication Date: 08/27/07


An ordinance defining the locations of adult entertainment businesses in St. Augustine will go before the City Commission today for possible final approval.

The commission recently passed an ordinance on first reading that would allow adult entertainment businesses to open on numerous sites off State Road 312, Ponce de Leon Boulevard and West King Street. These businesses would have to be away from schools, parks, churches and places that sell alcohol.

Previously, the city did not have regulations for these businesses and they could have located in any commercial zoning. The City Commission says this ordinance will prevent that from happening.

The Record published a map of proposed areas in the ordinance for adult entertainment zones, but many were adjacent to residences. A Record reporter received more than 100 phone calls in six days from people outraged at that plan.

City staff expects such a large crowd at the meeting that they reserved Flagler Auditorium, across from City Hall, should they need more room.

The commission originally proposed a measure that restricted adult entertainment to four parcels of land off Ponce de Leon Boulevard north of State Road 16.

But roughly 70 people, many of whom live near there, spoke against the ordinance. The commission then amended the measure to allow adult entertainment to locate to dozens of areas in the city.

Numerous people who contacted The Record wanted to know why it is unlawful for the city to prohibit adult entertainment altogether.

City Attorney Ron Brown said adult business operations fall under the First Amendment rights of the Constitution. The dancing in adult entertainment and other aspects are considered expressive content, Brown said, and is therefore a freedom of speech issue. But the law does allow cities to severely restrict adult entertainment.

The City Commission has already passed two ordinances that dictate how these businesses can operate in St. Augustine, including no alcohol sales.

Only in the last year did an adult store called Adam and Eve move from a strip mall in St. Augustine off Ponce de Leon Boulevard. But that store seemed to cause few ripples with the public.

There are currently no applications from adult businesses to wanting to come to the city.

IF YOU GO...

The St. Augustine City Commission meets today at 5 p.m. in the Alcazar Room of City Hall, 75 King St.

There will be a public hearing on the proposed adult entertainment ordinance.


THE PROPOSED LOCATION ORDINANCE

The measure would allow adult entertainment in the city's densest commercial zoning areas with restrictions:

The businesses must be 500 feet away from places that serve alcohol, such as bars and restaurants, and 300 feet from businesses that sell only alcohol, such as ABC Liquor.

They cannot be within 300 feet of a church, school or park.

Adult entertainment establishments cannot be within 750 feet of each other.

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