The Leon County Commission failed to move forward on adult entertainment regulations suggested by Leon County Commissioner Rick Minor.
The Leon County Commissioners will review options for regulating adult entertainment businesses at their December 10th meeting, following the recent opening of a Hustler Hollywood store in Tallahassee.
Hustler Hollywood, located on North Monroe Street, opened on September 13th. Since then, citizens have expressed concerns about a potential influx of adult entertainment stores into the County, prompting the Commissioners to request a status report on regulation options.
According to the report, Tallahassee currently has three adult entertainment stores: Hustler Hollywood on North Monroe Street, Rick’s Toy Box on North Monroe Street, and X-Mart Adult Superstore on Apalachee Parkway.
Staff intends to find a way to regulate potential increases and concentrations of adult entertainment businesses. Notably, however, the County cannot ban these businesses altogether, as they are protected by the First Amendment.
According to the report, the County can only impose “time, place, and manner” restrictions based on the harmful secondary effects of the stores and not based on their actual content.
“To be a valid time, place, and manner restriction, the restriction must further a substantial government interest and provide for alternative avenues of communication,” staff reports.
The report outlines options for regulations that would aim to decrease the harmful secondary effects of adult entertainment businesses.
Zoning regulations are one option. According to the report, “The County can enact zoning regulations to keep these businesses from opening too close to one another, keep them concentrated in one specific area, or require them to be a certain distance from churches, schools, daycare centers, or residential neighborhoods.”
Zoning regulations could decrease potential secondary effects like property value loss and crime.
“An ordinance creating distance requirements between adult entertainment stores is the most effective way to curb the proliferation of adult entertainment stores within the allowable zoning districts,” staff reports.
The zoning ordinance would set a distance requirement of 1,000 feet between adult entertainment stores, staff reports.
Other regulation options are alcohol bans, license and background check requirements, and operating hours restrictions.
According to the report, the Commissioners votes to adopt any ordinance to regulate adult entertainment businesses must provide evidence that there is a “substantial government interest” in the regulations.