West Chester and Liberty townships late last year put temporary moratoriums on such establishments while they explore whether and how such establishments are protected by the First Amendment. West Chester Twp.'s action was in response to an effort by owners of The Champagne Club in Fort Wayne, Ind., to create such a club there.
“Basically, what (Hamilton) is doing is inserting a definition of what a sexual-encounter business and operation is,” Scharf said about the proposed legislation, which city council may initially consider at next week’s meeting. “We feel that they were probably covered under the existing ordinance, but we wanted to make sure that we had tightened up on the definition.”
Under the proposed definition, “a Sexual Encounter Establishment is a business or commercial establishment that, as one of its principal business purposes, offers for any form of consideration a place where two or more persons may congregate, associate, or consort for the purpose of engaging in specified sexual activities.”
To be approved for a location, an establishment would have to obtain a city conditional-use permit. Conditional-use permits are first considered by the city’s planning commission, which makes recommendations to city council. Among the nine factors officials consider when weighing whether to grant a conditional-use permit are:
- Whether the business will "substantially or permanently injure the appropriate use of neighboring property and will serve the public convenience and welfare";
- Whether the business "will be harmonious with the existing or intended character of the general vicinity, and such use will not change the essential character" of the surrounding area; and
- Whether the company's hours of operation "will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor or other characteristic not comparable to the uses permitted in the base zoning direct."
Middletown, meanwhile, has no plans to change its zoning regulations, which are working well, City Manager Doug Adkins in December told this news outlet. He said such business are not allowed within 500 feet of residential property, 1,000 feet from a church, school, hospital, library, public playground or public park.
“Our Adult Entertainment ordinance is well written and works for us,” Middletown Public Safety Director David VanArsdale said this week. He noted Club SinDay operates in the city on Cincinnati-Dayton Road, and, “the police division does monitor this location, however, I don’t believe we have one call for service since it opened.”
West Chester Twp. resident Phil Burress, president of Citizens for Community Values, said he would rather see Hamilton outlaw such establishments.
Ultimately, he said, “It needs to be done at the state level, to protect our communities. You can outlaw it. It’s not like a strip bar, where it’s legal, and you can zone, license and regulate them.”
“A sexual encounter, you can totally outlaw that,” Burress said. “I mean, it’s a form of prostitution in a way…. The city of Hamilton has the legal right to make it illegal to have a sexual-encounter establishment.”
Staff writer Eric Schwartzberg contributed to this report.
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