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ON THE AGENDA 1/8: "Consideration and Approval of a One-Read Ordinance to Adopt and Approve a Sexually-Oriented Business Ordinance for Code of Ordinances for the City of Brookhaven"

1/7/2013

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Taking up the issue of Adult Entertainment Establishments in the City of Brookhaven is like walking on thin ice. The topic is complex in that Dekalb County has been allowing an exception in lieu of forcing these businesses to cease operations. Instead, as Dekalb County has done over the past few years, it appears that Brookhaven will take a similar approach to the ordinances and the establishments those affect.

In 2007, Dekalb County adopted a settlement agreement - whereas all 8 of the adult clubs in Dekalb were allowed to operate under a classification of "non-conforming" status - for 15 years - to expire December 31, 2021. This status allows the clubs to operate and sell alcoholic beverages in addition to nude dancing and/or live nude performances. In 2021, Dekalb can opt to extend the agreement for 10 additional years to December 31, 2031.

This topic has received some attention in the local media the last couple of weeks, with WSB covering the topic here. (follow the link or watch below)

The settlement agreement states that the establishments must pay the maximum amount for their alcohol license - in addition to a $100,000.00 annual fee for the first 10 years of the agreement and $150,000.00 for the last remaining 5 years of the agreement. 

Sandy Springs, for example, has spent upwards of $1,000,000.00 in litigation costs when they attempted to regulate the adult entertainment establishments. 

Flashback to 2005 when Sandy Springs was incorporating their slice of Dekalb County, Creative Loafing published an article here.

Here is an excerpt from that story that looks to still be relevant to what Brookhaven may be facing:

Fulton County Commissioner Tom Lowe, who's represented Sandy Springs for the past 30 years, says he was surprised to learn that many local civic leaders intend to make it a top priority, once they have their city charter in hand, to go after the venerable Flashers strip club and other local adult businesses - a potentially expensive and risky undertaking, even for established governments.

"I told them they need to set aside $5 million to fight that battle for the next 10 years," says Lowe, who had a front-row seat when Fulton County lost its own legal battle to restrict nude dancing a few years back.


At the very first Brookhaven City Council Meeting, Pink Pony attorney, Aubrey Villines, made it quite clear during his comments that the City of Brookhaven INVITED the Pink Pony to be part of the city. Additionally he stated that he wants to be a good neighbor - although not naive - as The Pink Pony will generate between $250,000.00 and $500,000.00 in revenue for the city of Brookhaven. It wasn't an accident the adult establishment was invited into the city...they need to revenue from the club. Simply put.

Video here: http://youtu.be/dmz4jVVapK4?t=1m39s

The Dekalb County code on this subject is found here. 
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