Wednesday, May 10, 2000
Monroe measure aims to restrict Bristol's
Club manager objects to provisions
By Janet C. Wetzel
The Cincinnati Enquirer
MONROE — A measure considered by City Council on Tuesday could significantly change the way Bristol's Show Club and Revue does business, and could mean license fees for the exotic dance club and its employees.
At the recommendation of City Law Director Philip Callahan, council had a first reading on the supplement to the Monroe zoning ordinance, then agreed to wait until the May 23 meeting to vote.
The measure will be considered as emergency legislation, and if passed will be effective immediately.
Mr. Callahan said he requested the delay because Scott Berg-
thold, president of Community Defense Council (CDC), wants to be at the meeting when council votes on the measure to answer questions.
CDC, a law firm in Scottsdale, Ariz., that specializes in ordinances to govern sexually oriented business, drafted the proposed Monroe ordinance, which is designed to minimize adverse effects of sexually oriented business, Mr. Callahan said.
Its purpose is defined as a way to regulate sexually oriented businesses “to promote health, safety, morals and general welfare of citizens of the city and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city.”
If Bristol's is governed by the new law, it could mean a drastic cut in dancers' tips, which is how they make living, said general manager Randy Trimble.
He said the law sounds discriminatory, and since the club meets zoning requirements, it should be grandfathered, or not subject to the new law.
But the restrictions can legally apply to existing businesses, said city and CDC officials.
Unlike zoning laws, “It's widely known that licensing and regulation ordinances can be retroactively applied to sexually oriented businesses that existed before the ordinance was passed,” said Mr. Bergthold.
“This is not a land-use ordinance. It's a regulatory ordinance, a licensing ordinance,” Mr. Callahan said. “It's included in the zoning code but does not regulate the use of land. So therefore, it applies to everyone, all businesses.”
Bristol's, Monroe's only sexually oriented business, opened in 1994 before the city passed zon ing ordinances restricting such businesses.
The Hustler store Larry and Jimmy Flynt plan to open here in July will apparently not be considered a sexually oriented business since the majority of merchandise will not be adult items.
The new ordinance would restrict operating hours for sexually oriented businesses, and require live performances to be held on an elevated stage at least 6 feet from patrons and with a railing or barrier, said City Manager Don Whitman.
It would also require the business and employees to be registered with the city and buy licenses at up to $250 per business, and $100 for employees, with half of that to renew annually.
It would prohibit employees and patrons from knowingly touching one another in specific areas of the body, and patrons would not be allowed to put money on employees' bodies or costumes.
Mr. Trimble said Bristol's 75 dancers now must be 7 inches from patrons, and are a foot away when they dance nude.
Bristol's has always cooperated with the city, and should have no problem with some of the guidelines, but others “are ridiculous,” Mr. Trimble said.
“That 6-foot distance would mean a serious dip in the tips,” Mr. Trimble said.
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