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August 18, 2008

Adult-oriented businesses zoning amendment goes before Public Works Committee

By D. E. Smoot







Planning commissioners unanimously approved a proposed zoning amendment that would regulate where adult-oriented businesses set up shop.

The proposed change, which passed without fanfare Monday, will be considered today by Muskogee’s Public Works Committee. If approved, city councilors will take up the measure next week.

The proposed amendment, requested by city officials after an unidentified company inquired about locating an adult-oriented enterprise in downtown Muskogee, would require such an outlet to locate within an area classified as F-2.

Restricted business district zoning, which regulates taverns, night clubs and other businesses that cater to adult audiences, prohibits these types of businesses from locating within 300 feet of a church or school.

If approved by the City Council, the restriction would apply to adult-oriented businesses that feature “sexually oriented or explicit displays of any and all media types, either live or pre-recorded.”

The city’s proposed definition of an adult-oriented enterprise includes 13 types of businesses ranging from arcades and book, video and novelty stores to hotels that advertise sexually oriented materials or rents rooms for periods of fewer than 10 hours.

Also included in the expansive list of definition are modeling studios, massage parlors, escort agencies, adult cabarets and theaters that show movies with ratings less restrictive than “R.”

Commissioner Shawn Raper said the definitions were needed to ensure enforcement of the proposed zoning ordinance could be applied evenly without unfairly ensnaring businesses with more generalized target markets.

“For a long time this never had been an issue, but times change,” said Raper, Ward IV representative on the City Council. “I think the planner’s idea is to ensure that stores selling adult videos do not locate downtown.”



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