Commission renews adult entertainment law

Morgan County's law restricting the location of adult entertainment businesses was re-authorized by county officials last Thursday, July 9. The law, which was originally adopted in 2004, was the subject of legal challenges in Berkeley County last year.

Recently, state legislators modified the law that gives counties the power to regulate exotic entertainment establishments. Law now allows any county with a Planning Commission to write and adopt such rules on the approval of their County Commissions.

The Morgan County Commissioners voted unanimously to enact the ordinance, which has not changed since its original adoption five years ago. It went into effect immediately.

What the law says

The primary purpose of the ordinance is to regulate the location of businesses that feature live adult entertainment or coin-operated video machines that display adult content.

An introduction to the rules says the ordinance is meant to address Morgan County officials' concerns about public safety and property values in the vicinity of adult entertainment clubs and businesses.

Exotic entertainment is defined by the ordinance as live entertainment by "persons nude or semi-nude in a commercial setting." Further legal definitions specify what body parts are visible in a nude or semi-nude state, including the entire female breast, buttocks and genitalia.

Businesses that have live exotic shows are prohibited within 2,000 feet of schools, churches and religious structures, parks, playgrounds, trails, pools, sports fields, public land, residences, businesses that sell alcohol, hotels and other lodging establishments, other exotic entertainment businesses and businesses oriented toward children or family entertainment or food.

Existing adult entertainment businesses won't be restricted under the ordinance, though they may not substantially enlarge their operations under the rules.

The law sets a $500 application fee for anyone seeking to set up an exotic entertainment business, in addition to fees associated with Morgan County's commercial building permit.

Penalties for not adhering to the ordinance range from $100 to $500 per day.

Public asks questions

Planning Commission President Jack Soronen led a public hearing about the rules last Tuesday, July 7. None of the four citizens who attended expressed opposition to the law, but asked questions about its restrictions.

Responding to a question from Tim Seims, Soronen said the only thing that had changed was the "enabling legislation" at the state level, and the rest of the rules were exactly the same as the 2004 ordinance.

Carolyn Tritapoe asked how the rules would affect existing businesses.

Soronen said he wasn't aware of any existing business that would fall under the control of the ordinance, and asked if Tritapoe knew of such a business.

Planner Alma Gorse said the Action Book & Video near Tabor Road was a similar type of business, but didn't offer live adult entertainment.

Soronen asked if the bookstore had coin-operated machines. Seims said it did.

Soronen and Gorse said the business would then fall under the existing business category unless it proposed a major change to the business.

Bookstore grandfathered in

Sheila Miller said the bookstore opened in August 1988, before the ordinance was in existence, and would be grandfathered in, as far as she could tell.

Miller took over ownership of Action Book & Video on June 1 of this year after working for the previous owner for 20 years.

"There's no one here promoting this ordinance. Who's interested in it?" asked Seims.

"The vast majority of people I've talked to about the ordinance in Morgan County are concerned that we would have here the same problems they hear about in Berkeley County as a result of having too many places like this," Soronen said.

He cited news reports of stabbings and shootings outside of clubs in the Martinsburg area.

Seims asked Miller why those kinds of fights and incidents don't happen at her bookstore.

"It's the alcohol. You mix alcohol and pornography, you're asking for trouble," Miller said.

Carolyn Tritapoe, who identified herself as an employee of Action Book & Video for 17 years, said the business is clean and well-monitored.

She said many people in the county think it's a bad place, but she sees average people and long-time married couples come in to the business.

"What they want to do in their own bedroom is up to them. There is real life there. I give credit to people who want to spice it up but don't want to get with anyone else," said Tritapoe.

"I earn a good decent living there," she said.