Published Thursday, May 28, 2009

Coweta towns consider new updated adult ordinances

By Sarah Fay Campbell

The Times-Herald

In light of Coweta County's fight against Starship, an adult bookstore chain, the town of Haralson is implementing its first adult entertainment ordinance -- and Turin is updating its ordinance as well.

Once Haralson's ordinance is in place, Senoia will be the only government entity in Coweta County that does not have an ordinance regulating sexually-oriented businesses and adult entertainment.

A public hearing on Haralson's ordinance will be held June 8, said Town Clerk Jennifer Camp.

Camp said Haralson's newest council member, Bonita Rosemas, "brought it up before the council that she wanted to have something in place before it becomes an issue.

"And that is when the council started looking into it," Camp said.

If local governments don't have adult entertainment ordinances, they can't put special regulations on any adult business that might want to come in.

Haralson's proposed ordinance "is patterned very much" after Coweta County's updated ordinance, which was enacted on Jan. 26, Camp said. Council members were presented with studies documenting the negative "secondary effects" of adult businesses two weeks ago, and are now reviewing that information, Camp said.

Turin's ordinance was enacted years ago, said Mayor Alan Starr.

"Since it is old and a little outdated, and in light of what is going on in the county with Starship, we thought it was prudent to look at what our ordinance currently is and revise it," Starr said.

Turin's town attorney, Ted Meeker, who also represents Haralson, likes the county's new ordinance and is patterning Turin's ordinance after it, Starr said. "We're going to revise it, as needed, for Turin," Starr said. Meeker looked at various ordinances in surrounding counties, cities and states, and "he likes Coweta County's the best."

As for Senoia, the city has never had an adult entertainment ordinance.

"And on the advice of our attorney, we were waiting to see how some of these things shake out," said Senoia Mayor Robert Belisle. "Because it is not as cut and dried as you think."

In most cases, a city will adopt an ordinance patterned after one used in another jurisdiction, Belisle said, and if that original ordinance gets overturned in court, "where are you then?"

Senoia officials have discussed the issue, though.

By not rushing to implement an ordinance, "there is some risk, but our attorney has advised us there is really a limited number of things you can do," Belisle said.

"It goes back to seeing how some of these other things shake out. It's kind of a big gray area, to some extent," he said.

Senoia City Attorney Drew Whalen "said don't get in a hurry to do anything," Belisle said, "so we're kind of waiting a little bit."

Sharpsburg, Newnan and Moreland officials are satisfied with their adult entertainment ordinances.

Newnan has no plans to make changes, at this time, said Public Information Officer Gina Snider.

Moreland's ordinance, enacted in March 2002, has a 25 percent threshold requirement for an adult business, similar to Coweta's old ordinance.

Like most ordinances, it only allows sexually-oriented businesses in industrial zones, and those businesses must be 1,500 feet away from homes, residential property, schools, churches, day-care centers, parks, and any business that sells alcohol.

"I think, at this point, it is probably sufficient for our purposes," said Moreland Town Attorney Mark Mitchell.

Sharpsburg's ordinance is similar to Moreland's.

It was adopted in 2001, said Town Clerk Donna Camp.

"It hasn't been mentioned in a long time," Camp said. "Nobody has thought anything else about it, not even since Starship has come up."

Grantville has had an ordinance for years but is considering revising it, said City Manager Scott Starnes.

Grantville City Attorney Nathan Lee, who also represents Coweta County and has been dealing with the Starship issue in Coweta, "has advised us to possibly look at redoing it," Starnes said.

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