FRANKLIN - If any more sexually oriented businesses want to open here, they will have to set up shop in heavy manufacturing zones, city council decided Monday.
The manufacturing zones provide at least 150 acres - or about 3.5 percent of the city - for those businesses. The zones are primarily off Ohio 123 in southern Franklin, and in the northwest side along the Great Miami River, according to zoning maps.
The changes to the city's sexually oriented businesses law do not affect New York, New York on Ohio 73, which describes itself as an "upscale go-go bar." It is grandfathered in under the zoning code.
But the club still might be violating a requirement that sexually oriented businesses not locate within 500 feet of a residential zone, officials said.
Previously the businesses could only locate in agricultural zones, but U.S. District Magistrate Judge Jack Sherman ruled that those zones did not provide enough area in the city for the establishments. City council also debated changes to the ordinance that altered fees the city charges the businesses. The city reduced its application fee from $300 to $225, instituted a new $40 fee for each owner named on the application, and reduced the annual permit fee from $1,000 to $100.
The new law also raises the employee application fee from $25 to $50. An employee license remains at $25. Finally, the employee renewal license went from $25 to $50.
The changes are in response to the judge's ruling, which also found the previous fees excessive.
"This fills in some of the gaps," said Law Director Steven Runge. "We've got enough to back up what we're doing in terms of the changes."
Mayor James Mears was concerned that the amended fees might not stand any future judicial review.
"Why do we have to put those permit fees in there and take a chance that we lose a second time in court?" he said. "Why don't we just remove the permit fees?"
Mr. Runge explained that the city can charge fees, but that they must be justified. He said that the sexually oriented businesses need to be reviewed by city agencies before setting up shop.
"It takes up administrative time in order to do these things," Mr. Runge said. "There is cost involved."
