North Carolina – from www.gastongazette.com – A pair of adult businesses in Gastonia have been cited by the city for both showing sexually explicit movies and selling explicit videos and DVDs — a combination that violates state and local laws.
City and state statutes prevent adult establishments in certain areas from having two sexually oriented uses under one roof. A Gastonia zoning inspector recently determined that Carolina Video Exchange, at 2308 N. Chester St., and 74 Video & News, at 3510 W. Franklin Blvd., have both been operating as an adult “bookstore” and an adult mini motion picture theater.
“Both are allowed to be in business as adult establishments, but they can only have one adult use at each location,” said Gastonia zoning services administrator Drew Pearson. “Our definitions in our Unified Development Ordinance mimic state statutes dealing with adult uses.”
But Keith Brimbury, who owns both businesses, has challenged the findings and said he will appeal to the city’s board of adjustment.
“Both of my stores are completely legal,” he said.
Pearson inspected the two businesses after hearing reports that both had added adult uses since last being reviewed by the city.
Rick Williams, the former owner of 321 News and Video at 1410 N. Chester St., lost a 16-year legal battle with the city that forced him to shut his adult business’ doors June 30. But before closing, he alleged that his establishment was being singled out unfairly.
After the inspection of Carolina Video Exchange and 74 Video & News last month, Pearson issued a notice of violation to Brimbury. Both businesses have 15 days to come into compliance with the city code or file notice of appeal. Civil penalties could follow if the businesses don’t come into compliance, Pearson said.
Brimbury said Monday he has directed his attorney, Jim Funderburk, to appeal the ruling.
Under common terminology, a “bookstore” is still used to describe any adult business that sells sexually explicit videos or DVDs. A mini motion picture theater is the formal name for private booths that have video screens, or arcade-style video booths. They may play adult titles on a loop or play specific, chosen titles when tokens, coins or other money is paid, Pearson said.
Carolina Video Exchange was found to have three adult uses during the inspection: a bookstore, mini motion picture theater booths, and a more traditional adult cinema, Pearson said.
Selling adult-themed novelties or clothing does not require a business to be classified as an adult establishment. And having only a handful of XXX-rated DVDs for sale doesn’t constitute an adult use, Pearson said. But he found that Carolina Video Exchange had enough for sale to exceed the minimum number, he said.
Brimbury sees Carolina Video Exchange as being no different than the Adam and Eve retail store on East Franklin Boulevard in Gastonia. That business is not considered an adult establishment.
“Seventy-five percent of my merchandise is dancewear and lingerie,” he said. “Adam and Eve has just as many X-rated movies and novelties as I do.”
Brimbury said his customers pay a daily rate to access his video booths. He said he has been in business in Gastonia in various capacities since 1973 and has a good customer base. But he keeps his businesses low-key, and does not admit anyone without photo identification that proves they are over 18, he said.
“I don’t try to cause any commotion or stir up trouble in town,” he said. “We’re just trying to handle things on the up and up.”
“According to the way we’ve interpreted everything, we are not in violation.”