Florida- Sexually oriented businesses within at least 750 feet of residentially zoned property, houses of worship or schools now will have to close their doors by 2 a.m. New sexually oriented businesses also will face stricter zoning requirements.
After making some wording changes, Alachua County commissioners unanimously approved an ordinance this week to reduce the hours of operation of some sex shops and amend zoning for where new businesses will be allowed to operate.
The ordinance also calls for better lighting and greater visibility for private dancing and viewing booths, which officials said have the most negative effects on community standards.
“The video booths have been characterized as masturbation booths,” private investigator Chris Fenwick told the Commission.
Although the ordinance originally was slated for public hearings in January, county officials said they needed more time to make changes in the ordinance’s wording after Gary Edinger, a lawyer representing X-Mart and Café Risque, contacted the county attorney.
“We have accommodated a few small tweaks that they recommended,” said Steve Lachnicht, principal planner in the Department of Growth Management for Alachua County. “The level of detail we have gone to with this ordinance – we have been very careful to do it right.”
One revision was the change of the term “massage parlor” to “massage facility,” which is separate from legitimate massage therapy, Lachnicht said.
The ordinance was spurred in responce to numerous complaints by residents who live in neighborhoods near sexually oriented businesses, he said.
While the new county law will prohibit building new private video booths, some stores have built these stalls since the issue has been before the Commission.
“It is Alachua County’s contention that the arcades built into the sex shop X-Mart were illegal,” Commissioner Penny Wheat said.
However, others altogether reject the ordinance.
“We live in a free country here,” said Jim Casio, manager of X-Mart on Southwest 13th Street.
“The Constitution states that we have a freedom of speech and freedom of expression.”
Potential customers make a conscious choice to enter the store, he said, adding that there is a warning posted at the front of the business that states: “If adult-oriented material offends you, please do not enter.”
County officials said they do not want to restrict inalienable rights.
“Viewing a movie is certainly a protected thing,” Lachnicht said.
Casio agrees: “We should maintain that line – people should have a choice to express themselves.”