Henderson rejects Love Store license appeal

Owners of The Love Store lost a license appeal Tuesday to operate what they call a “romance boutique” in Henderson.

The five-member City Council unanimously upheld a decision by the Business License Division that The Love Store is a sexually oriented business not allowed in the commercial zone for which it was planned. The city ordinance states a sexually oriented business carries a “significant portion of its stock in trade,” including videos and adult toys.

“We’re not banning these types of businesses,” Councilman Sam Bateman said. “We do have appropriate zoning for these types of locations.”

The city allows sexually oriented businesses in industrial zoning districts, but does not have any licensed in city limits. The Love Store was proposing its third Las Vegas Valley location for a 8,500-square-foot space on North Stephanie Street near Warm Springs Road.

Owner Edward Wheeler submitted a new zoning compliance form June 5, stating no more than 25 percent of The Love Store’s stock would consist of the adult items listed in the city’s definition of an “adult novelty business.” The company concedes it would not have carried adult DVDs at the location.

The city staff denied the application June 17. In May, Wheeler said he has been working with the city for five years to receive a clear definition on what a “significant portion” means. A memorandum from the city attorney’s office to the council sent Monday suggested a business that carries more than 10 percent of adult items be considered a sexually oriented business.

Clyde DeWitt, a First Amendment attorney specializing in representing adult-oriented businesses who represents Wheeler, said even that description leaves too much for interpretation.

Wheeler and DeWitt said after the meeting they will continue to work with the city, but declined to say what their next move will be.

In other council business, the Henderson Police Department is replacing part of its fleet with the council approval of a $1.02 million purchase from Fairway Chevrolet on Sahara Avenue.

The city will purchase 22 marked and three unmarked Tahoes, six Malibus, four Impalas and two Traverses to replace 37 similar department “vehicles that have exceeded their normal economic life expectancy.” All 37 new vehicles are 2015 models. The average age of the vehicles being replaced is nine years with 83,853 miles per unit.

The council also approved a $362,000 contract for Advanced Vehicle Products in Henderson to purchase and fit the new vehicles with various equipment, including computer mounts, antennae, emergency lights and other upgrades.

Funding for both contracts come from the city’s Vehicle Replacement Fund. The city pulled $4.6 million from the fund in May to balance the city’s fiscal 2015 budget.

The city has 374 police vehicles, not including patrol motorcycles. They are part of a city fleet of nearly 1,400 vehicles, including police cruisers, firetrucks, parks and recreation maintenance trucks and ambulances. Replacement needs are estimated at $99.7 million over the next 10 years, with a $5.9 million annual shortfall for fleet maintenance.