ADULT LAW MAY LAND CITY IN COURT; GIFT SHOP COULD SUE OVER REVISED BUSINESS ORDINANCE.Byline: Teresa Jimenez Daily News Staff Writer Despite warnings that a stronger adult-business ordinance A law, statute, or regulation enacted by a Municipal Corporation. An ordinance is a law passed by a municipal government. A municipality, such as a city, town, village, or borough, is a political subdivision of a state within which a municipal corporation has been might result in legal trouble, the City Council has approved changes that could spur a Canyon Country gag-gift shop to either move or sue. Under the amendment approved Tuesday night, existing adult businesses would have to comply with restrictions that previously applied only to new ones. Within two years, existing adult businesses would be required to meet guidelines guidelines, n.pl a set of standards, criteria, or specifications to be used or followed in the performance of certain tasks. on lighting and signs. Within five years, those businesses would be required to meet location guidelines. An adult business - one that receives at least 50 percent of its gross receipts the total of the receipts, before they are diminished by any deduction, as for expenses; - distinguished from net profits. - Bouvier. See under Gross, a. os> See also: Gross Receipt from adult-oriented merchandise - is not allowed within 1,000 feet of a school, church, homes, park or public building. ``The feeling was, it's the principle of the thing,'' said Councilwoman Jo Anne Darcy. ``Residents asked us months ago to make the strongest ordinance possible. . . . What we're saying is there's plenty of warning'' to existing businesses. The change would appear to affect only the Fun Zone, which is within 800 feet of homes, said Jeff Lambert Lambert may refer to
Fun Zone owner Frank Espinoza referred calls to his attorney, Roger Diamond, who has successfully represented adult-business owners all over Southern California Southern California, also colloquially known as SoCal, is the southern portion of the U.S. state of California. Centered on the cities of Los Angeles and San Diego, Southern California is home to nearly 24 million people and is the nation's second most populated region, . Diamond said the Fun Zone does not fit the city's description of an adult business because it sells a variety of items along with the adult merchandise. If the city forces the Fun Zone to comply with the new law, the store will make changes to further remove itself from the adult-business classification, Diamond said. ``Let's say the city has a ban on red houses, and you have a green house. It doesn't apply,'' he said. ``But if the city says it's more red than green, you can offer to give it a second coat to make sure it's green.'' If the city still pushed the Fun Zone to comply with the amended a·mend v. a·mend·ed, a·mend·ing, a·mends v.tr. 1. To change for the better; improve: amended the earlier proposal so as to make it more comprehensive. 2. ordinance, a lawsuit would follow, Diamond said. ``If the city asserts that the ordinance does apply to my client, we would respond by placing the matter before the court,'' he said. ``Then we'll argue that not only do we think it doesn't apply, but we also think the ordinance is unconstitutional unconstitutional adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U. S. Constitution. .'' City Attorney Carl Newton said he had not determined whether the Fun Zone would be required to meet the ordinance's provisions. Darcy said Wednesday that she was even more inclined to listen to residents asking for a more strict adult-business ordinance because neither the Fun Zone owner nor his attorney attended council meetings to protest the changes. She added that the council never has received a letter on the business's behalf. But Diamond said the city has never notified Espinoza about the proposed amendment. In addition, the attorney said he believes city councils are more likely to punish pun·ish v. pun·ished, pun·ish·ing, pun·ish·es v.tr. 1. To subject to a penalty for an offense, sin, or fault. 2. To inflict a penalty for (an offense). 3. adult-business owners who come to meetings and complain that an ordinance will damage their businesses. ``It's been our experience that they do not listen to businesses. In fact, they've often gone further,'' he said. ``They never say, `Oh jeez jeez interj. Used to express surprise or annoyance. [Alteration of Jesus1.] , we didn't know this would hurt you.' It doesn't help to talk to these people.'' Diamond also said the Fun Zone has never caused problems at its current location. ``There's something about sex that drives people crazy,'' he said. ``They pass these ordinances that are costing taxpayers a lot of money. If there's no evidence that this store is harming anyone, I don't know Don't know (DK, DKed) "Don't know the trade." A Street expression used whenever one party lacks knowledge of a trade or receives conflicting instructions from the other party. why the city is doing this.'' |
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