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July 26, 2011

Greenville tightens adult entertainment laws

$5,000 licensing fee, no nudity components of town ordinance

GREENVILLE — Adult entertainment businesses cannot be located within 500 feet of a school, church or residence in Greenville as a result of action taken by the town council last week.

Such establishments regulated by the ordinance include adult bookstores, night clubs and movie theaters. After months of researching ways to strengthen the Greenville adult entertainment laws, the town council voted 4-0 on July 18 in favor of the new ordinance.

Council Vice President Randal Johnes headed the town’s efforts to form a new ordinance, and he said Monday Greenville’s prior laws likely were not enforceable and could have been ruled unconstitutional if challenged in court.

The new ordinance cites legal precedents that back the measure and the council feels confident it can withstand a court challenge, Johnes said.

Adult entertainment businesses “have rights under the Constitution, but we had to restrict what areas they could locate in, which is what we’ve done,” he said.

The group Reclaim Our Culture Kentuckiana, or ROCK, reviewed the measure and “said we wrote an excellent ordinance,” Johnes added.

Adverse effects on the community stemming from adult establishments through illegal activities like drug use and prostitution were cited in the ordinance as reasons why the council should restrict the businesses.  

Greenville’s population is just more than 600 people, but Johnes said the Floyd County town could be an area that adult business would seek to locate because of restrictions in surrounding cities.

New Albany, Sellersburg and Clarksville have wrestled with adult zoning and business regulations over the past three years, while Louisville has implemented a no nudity ordinance for strip clubs.

The Rustic Frog, located at 1720 Old River Road in New Albany, is the only strip club in Floyd County.

Johnes said no adult businesses have sought licenses from the town, but added Greenville shouldn’t wait until approached by an establishment to review its policies and laws.

“I guarantee you as the other towns in this area are tightening up on this, they’re going to look for places to move,” he said. “We still feel like [an adult business opening in Greenville] is a possibility, and we had to put something in place.”

Prior to the ordinance being passed by the town council, Johnes said Greenville’s laws could not have prevented an adult business from launching in a vacant house or building.

“You can’t prevent them [from opening], but you can put restrictions as to where they can be and they have to abide by the rules,” Johnes said.

Adult businesses will be charged an initial $5,000 fee to open in Greenville, and the license is renewable annually at a charge of $2,500. Performers at adult businesses also must be licensed at an initial cost of $500 plus a $500 yearly renewable fee.

Sexually oriented businesses must receive permission from the town council before they can open, and the body can also deny or suspend a license or a renewal request if the establishment fails to follow the procedures detailed in the ordinance.

Greenville permits only semi-nude performances, and the entertainer must remain at least six feet from any patron while on stage as governed by the ordinance.

Sexually oriented businesses are also forbidden from selling or allowing consumption of alcohol on their premises, and adult establishments cannot be open any day between midnight and 6 a.m.

Attempts to reach Greenville council attorney Rick Fox and council President Talbotte Richardson for comment were unsuccessful as of press time.

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