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Escondido debates strict rules on adult businesses

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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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