South Dakota – from www.rapidcityjournal.com – David Eliason, owner of Dick and Jane’s Naughty Spot, was granted a continuance on Thursday.

Eliason has been charged with five counts for failure to comply with the location of an adult oriented business. Each count is a class one misdemeanor and carries a penalty of up to one year in jail and/or a fine of up to $2,000.

Eliason opened Dick and Jane’s at 1543 Lazelle Street on Aug. 2. He had previously tried to move into 2611 Lazelle Street one year ago but was not granted an occupancy permit. In July 2010 the city of Sturgis found the store to be classified as an adult oriented business. Eliason was allowed to open at his current location because it already had a retail occupancy permit so he only needed to obtain a sales tax license in order to open.

Eliason’s next court date is set for Sept. 22 at 8:30 a.m.