The Henderson City Council voted unanimously at yesterday’s regular meeting to enact a zoning ordinance relative to the establishment of adult businesses in Henderson.
The ordinance essentially establishes a new B-A (Business – Adult) zone that overlays existing business zones within the city. The B-A zone, however, only allows for adult, sexually-oriented businesses in areas that are at least 500 feet away from schools, day cares, residential areas, churches, day cares, and other “sensitive” buildings.
City Attorney John Zollicoffer told council members that the Planning Board originally tried to locate the B-A zone in areas 1,000 feet from sensitive areas, but that the 1,000 foot buffer zone severely limited potential access to city water, sewer, and commercial road access.
The city attorney explained to members that the courts have prescribed that adult establishments are protected speech, and therefore cannot be suppressed. He also said that municipalities cannot have special use permits or hearings before being allowed to establish.
However, “content-neutral” restrictions can be placed on such businesses such as regulation of hours of operation. Regulations may also be enacted that protect children and sensitive areas. However, water, sewer, and accessible streets must be made available in the businesses choice of locations.
Zollicoffer also noted that a prompt decision must be made in licensing adult establishments. He also said that there can be no “undue” fees put on such businesses.
The licensing ordinance passed last night by the council includes a $2,000 fee for licensing, a fee which adult business owner Chris Peacock called unreasonable in remarks to the council.
Peacock called the fee “absurd” and told members that there was an issue of constitutionality of high fees. He asked what other retail establishments pay for licensing. The city attorney responded that it depends on the number of articles it sells.
Zollicoffer noted that the license’s cost includes the required inspection.
Home in Henderson is licensed by the city as a retail merchant. It pays $50 per year for its business privilege license. It has one employee.
Peacock noted to the council that his licensing fee for his Rocky Mount store is $100 per year and that it is inspected every 60 days.
Council member Mary Emma Evans called the vote “the hardest one I have ever voted on”. Member Mike Inscoe called the zoning ordinance and accompanying licensing ordinance “the lesser of two evils”. It was recognized by member that a failure to pass the zoning ordinance would allow an adult business to locate in any area of the city where it meets the zoning criteria. In the end, the votes by the council were unanimous.