Escondido debates strict rules on adult businesses

By: QUINN EASTMAN - Staff Writer | Tuesday, January 23, 2007 10:58 PM PST

ESCONDIDO ---- Opening businesses such as clubs that feature nude dancers or adult bookstores in Escondido should be as difficult as legally possible, wary Planning Commission members said Tuesday.

Also at Tuesday's meeting, the panel unanimously approved plans to demolish and rebuild the city's 40-year-old Fire Station No. 1 on Quince Street, doubling its size and improving its training areas. The demolition is scheduled for April.

While city officials say they aren't facing an influx of adult businesses, the Planning Commission approved an ordinance regulating them. A First Amendment law expert told officials that the ordinance was as strict as it could be.

Anything stricter could expose Escondido to legal challenge, said attorney Deborah Fox, who has been representing the city of Encinitas in its struggle with the F Street adult bookstore chain.

The Supreme Court has ruled that the activities of nude dancing and selling adult books ---- but not sex toys ---- are protected under free speech rights, but cities are allowed to regulate adult businesses to prevent crime and other secondary effects, she said.

The ordinance designates seven shopping centers around Escondido as the only places where new adult businesses would be allowed. It also mandates strict "no-touch" and "no-tip" rules for strip clubs and stringent licensing procedures for owners and dancers if a strip club were to come to Escondido.

The operations of the existing F Street store on Grand Avenue and the Adult Video Specialties on South Escondido Boulevard would not be affected, city planner Jay Petrek said.

He emphasized that no new adult business has applied to locate in Escondido.

Petrek said Escondido officials were taking advantage of recent court decisions such as one in 2005 that validated the city of La Habra's rule separating club patrons and nude dancers.

In preparing to update its laws, Petrek said in January that the city sent 1,500 notices to people living near the seven shopping centers, which have been the city's designated sites for a decade.

Several people called or wrote back, advocating even stronger restrictions on adult businesses, he said.

Only one, David Martin, spoke to the commission Tuesday, saying that he didn't want adult businesses in his neighborhood around East Valley Parkway.

Martin said his neighborhood was in danger of becoming "seedy" because of tattoo parlors and liquor stores.

He complained that many residents in his mobile home park and administrators at nearby schools hadn't been notified of the proposed rules.

The Planning Commission agreed with Martin.

"I don't want it in any of our neighborhoods," said Commissioner Guy Winton. "But we have to operate in the theater of the possible."

Commissioner Barry Newman proposed dropping the shopping center at East Valley Parkway and Citrus Avenue from the designated list because the owners told the city that their shopping center's rules for tenants prohibit adult businesses.

However, a majority of his colleagues disagreed.

"We need to have something defensible, not a leaky boat," said Commissioner Jeffrey Weber.

The City Council is tentatively scheduled to discuss the adult business ordinance when it meets on Valentine's Day.

-- Contact staff writer Quinn Eastman at (760) 740-5412 or qeastman@nctimes.com.

Shopping centers designated for adult businesses in Escondido

- Del Norte Plaza 350 W. El Norte Parkway

- Escondido Center 2321-59 E. Valley Parkway

- Felicita Plaza 325 W. Felicita Avenue

- Ferrara Plaza 2405 E. Valley Parkway

- Westfield Mall 201 E. Via Rancho Parkway

- Promenade Center 335 Del Dios Highway

- Town & Country 1665 E. Valley Parkway

None of these shopping centers currently has an adult business. Property owners can decide to accept or reject tenants.

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Smokey wrote on Jan 24, 2007 4:37 AM:Guess I might as well start the illeagal bashing............ "seedy" because of tattoo parlors and liquor stores. But turning into a third world gang infested TJ style city is OK? We need some adult places around heer so guys dont have to drive to kearny mesa to do guy stuff.

Shopping Nightmare along East Valley as it is wrote on Jan 24, 2007 8:29 AM:While they are at it, the council should consider limited the liquor & check cashing stores, tattoo and piercing salons, thrift stores and cheezie dollar stores. I don't think that they have gotten the idea that all of those new developments trying to sell $600,000 homes along East Valley face an uphill battle. Who wants to pass by 5 or 10 liquor stores on the way to driving the children to school? Who wants to grocery shop in a plaza with a check cashing business? Those of us already living in the area with high disposable incomes aren't shopping down Valley unless it is totally necessary, especially after dark! We're surrounded by gangland, it is simply not safe and the types of buinesses attract danger. If they allow adult businesses along East Valley, consider it the kiss of death for property values. They obviously cannot attract quality retailers, they have already located in the beautiful plazas that San Marcos built. And, that is where everyone in our area shops.

Jack, M.D. wrote on Jan 24, 2007 8:38 AM:Let 'em on in! Our city needs more outlets for creative free speech! I for one would gladly patronize such establishments!

AResident wrote on Jan 24, 2007 10:22 AM:I mentioned shopping else where quite awhile ago. It's time everyone gets on board with this idea and passes it by word of mouth. The only way this City will wake up and step up to the plate to clean this Toilet up is if they see a large reduction in people shopping here. Meaning loss or Revenue. That's all the city cares about.........Don't let them snow you otherwise. Go to another Ralphs,Vons etc. Go to another clothing or toy store. Try to do all of your shopping outside of Escondido for six months. I've been doing it since the protests.

Skip wrote on Jan 24, 2007 4:50 PM:It they built a few upscale adult businesses in Escondido it would draw people from outside the city into the city. Believe it or not most of the customers for places like this are upper middle class males that are just looking for a diversion. The customer clientele base would actually improve the quality of people in the neighborhood. There are a few clubs in San Diego and it has been my experiences the clubs actually enhance the neighborhoods.

To Skip wrote on Jan 25, 2007 3:34 AM:To my mind, 'upscale adult business' is an oxymoron. There is NOTHING upscale or in any way positive about this sort of establishment. If you have sunk to this level, leave Escondido. There are siill a few of us left who will persevere in keeping this sort of degradation from implanting its tenticals(sic?) in our community. I get a kick out of laughing at the pathetic losers who scurry like rats out of F Street with their little brown bags or are they black? and slink off to do what they do. I have never seen a classy person enter or exit F Street. Skip, I hope we never cross paths. I wasted 30 years with someone like you. Yes I am sure you and those like you, enhance our neighborhoods. My skin crawls just to think of it.

Shut Up wrote on Nov 28, 2007 9:01 AM:All of u r being rediculous. So what if some people like to use toys or other objects to enhance their sexual experience. at least u have to be an adult to eneter the stores. just imagine, if they removed places like F street then they would start selling their products in oher stores where kids or young children walk around with their parents. Then what is gunna happen. kids will get interested in sex at earlier ages. and if u havent noticed there are already enough teenagers getting pregnant at only 15 years old. so yea just think about it a lil.

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