Henderson amends zoning for adult novelty stores

Henderson City Council on Tuesday tried to balance a potential legal liability for the city against the public safety concerns of the community.

The council unanimously approved an amendment to city zoning that would allow sexually oriented businesses to apply for licenses in more areas of the city. However, the move was legal maneuvering, not a desire to attract adult businesses to Henderson, according to city officials.

The approval applies to adult bookstore and adult novelty stores, not establishments such as strip clubs.

Mayor Andy Hafen expressed concern that not increasing the area these businesses could operate in could expose Henderson to a lawsuit.

“One of the things we’re all leery about is that if we end up in court and litigation that a judge actually would be the one that determines the fate of some of the items on our agenda,” Hafen said.

The proposed change was introduced to the council Aug. 5. At the same meeting, the council denied The Love Store’s appeal for a business license as a sexually oriented business in a commercial zone on North Stephanie Street. The location would still not be allowed after the changes, but the amendment increases options for potential businesses.

Starting Jan. 1, prospective adult businesses can apply general industrial and industrial park areas, expand to 3,514 acres, or 5.22 percent of city zoning. Adult businesses are currently restricted to limited industrial zones, which are 0.29 percent of city zoning, or 197 acres.

City Attorney Josh Reid told the council the city is prohibited from banning these types of businesses by federal case law.

“There’s 30, 40 years of case law from the United States Supreme Court stating that we cannot ban adult uses,” Reid said. “That is unconstitutional to be able to do that.”

However, the courts have upheld that cities can restrict the businesses to certain areas, Reid said.

To add an additional buffer to residents, Councilman John Marz asked for a 1,500-foot separation requirement from residential areas be added to the amendment, something the council approved.

The amendment maintained a 1,000-foot distance from other facilities including child care facility, religious assembly building, hospital, school, government office, public park, teenage dance hall or nightclub, or another sexually oriented business. While an applicant could ask for a waiver of those requirements, the residential distance cannot be waived.

The decision did receive some opposition. Three residents spoke against the change, and the city received 12 calls in opposition Tuesday.

Resident Nathan Gisvold, who said he moved to Henderson earlier this year, told the council that while the change doesn’t include strip clubs, the city is “opening Pandora’s box.”

There are currently no sexually oriented businesses located in the city, and Reid said it has been more than 20 years since anyone applied for one before the Love Store.

Contact Arnold M. Knightly at aknightly@reviewjournal.com or 702-477-3882. Find him on Twitter: @KnightlyGrind.