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from www.rapidcityjournal.com – An adult novelty store that has been embroiled in litigation will move this summer to a new location in Sturgis, its owner said Tuesday.
David Eliason [pictured], the owner of Dick and Jane’s Naughty Spot, said he reached an agreement last week with the city of Sturgis and the Meade County State’s Attorney’s Office that will allow him to move his business to one of seven locations by July 15.
“I’m glad that the city was able to recognize the existence of the seven locations,” he said. “I am glad I am able to provide quality business and employ the people of Sturgis.”
Eliason said those locations are the Broken Spoke Saloon, The Knuckle Saloon, The Loud American, One Eyed Jacks, the Dungeon Bar, Gunners, and the Side Hack.
Eliason isn’t saying which location he will move to. “I am not at liberty to discuss that at this time,” he said. “But it’s the obvious choice. There are a lot of possibilities though.”
The business is now at 1543 Lazelle St., a location that the State’s Attorney’s Office said violates state statute.
Eliason was arrested in August 2011 for failure to comply with the location of an adult-oriented business. He was charged with five counts – one for each day from Aug. 6 and 10. Each count is a class one misdemeanor and carries a penalty of up to one year in jail and/or a fine of up to $2,000.
According to Kevin Krull, the Meade County state’s attorney, his office agreed to drop the charges as long as Eliason moves out of his current location by July 15. In addition, he said Eliason must also abide by all state statutes concerning his business, which state that an adult-oriented business must not be within one quarter mile of a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence or a place of worship.
Eliason also is suing the city of Sturgis and the State’s Attorney General’s Office in federal court for not allowing him to open his business at its original location of 2611 Lazelle Street. That case is still pending.