News Column

P&Z Commission discusses adult entertainment provision in city ordinance

July 10, 2014

By Vanessa Kahin, Clovis News Journal, N.M.

July 10--Reviewing a Clovis city ordinance that includes a provision about adult entertainment businesses and comparing it to a similar ordinance crafted by Albuquerque city officials will be on a future agenda of the city's Planning and Zoning Commission.

Members of the commission, which met Wednesday afternoon at City Hall, heard opinions by City Attorney David Richards on the matter of the ordinance.

Matters concerning adult entertainment businesses have been a local hot button since Curry County officials confirmed on June 10 that an individual was considering opening a gentlemen's club in the county.

Despite the protest of several locals during subsequent Curry County meetings and even during a city commission meeting, nothing can be done to prevent the business from coming to the county, which has no zoning laws.

One such concerned local, Clovis High School teacher Sheri Carpenter, approached the city commission with information about an ordinance enacted by the city of Albuquerque concerning adult entertainment businesses, and proposed that the city review it.

Mayor David Lansford said during a July 3 city commission meeting that he would act on Carpenter's suggestion, and requested that Richards help draft a similar ordinance to the one in place in Albuquerque.

City Manager Joe Thomas said after Wednesday's meeting that the city of Clovis has an ordinance already in place that may be used to regulate adult entertainment businesses through zoning.

"There's nothing that prohibits (adult entertainment businesses)," Thomas said. "But it is restricted to industrial zones."

Albuquerque's city ordinance relegates adult entertainment businesses to certain zones within the city.

Those who desire to operate such a business must get a license, pay an annual fee that covers inspections and the cost of attaining the license, and maintain a registration card or a file that clearly and completely identifies all entertainers who perform at the business.

The Albuquerque ordinance also includes fixed distances for separation of sexually oriented businesses from schools and churches.

Richards noted during the July 3 city commission meeting as well as during the Planning and Zoning Commission meeting that the Clovis city ordinance pertaining to adult entertainment businesses was created in 1996.

At the time, Richards said research was done as to what was allowed and what could be prohibited concerning an adult entertainment business.

"That code has not been reviewed or changed," Richards said. "We've never had an attempt to have an adult entertainment business in the city."

More updated information could be gathered, Richards said, and a presentation could be made to the Planning/Zoning Commission so they may propose changes to the ordinance.

The Planning/Zoning Commission also discussed, and approved unanimously, the following items.

-- A replat approval of two lots near Overland Park;

-- A preliminary plat approval of a subdivision for Dollar General store.


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Source: Clovis News Journal (NM)

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