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Lynd City Council passes adult business ordinance, licensing fee

November 14, 2012
By Steve Browne , Marshall Independent

LYND - The Lynd City Council passed an ordinance regulating the location of adult businesses and established a $3,000 per year licensing fee at its regularly scheduled meeting on Tuesday night.

The measures were prompted by the opening of The Juice Bar, an establishment featuring semi-nude dancers in the Lynd business district in October. The owner of The Juice Bar, Dale Peterson, had previously opened an adult business in Florence.

The city of Florence shut down the business by going dry and zoning itself residential, according to Lynd City Attorney Glen Petersen.

The Lynd ordinance requires that to be granted an adult use license, a business must be located at least 700 feet from a residence, playground, daycare, or other adult business and also limits the hours of operation from 10 p.m. to midnight.

According to Petersen, the owner of The Juice Bar should be informed of the ordinances and sent a license application, after which he will have a six-month amortization period to find a location the complies with all the requirements of the ordinance.

In a city of 448 residents this could be difficult.

According to Petersen, the courts have ruled cities cannot ban adult businesses outright but may regulate where they are permitted to operate within city limits.

"It's not over," Petersen said.



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