Adult store bylaw has first reading at Town Council

Feb. 22, 2018 | Payton North
payton@thereminder.com

The East Longmeadow Town Council had the first reading of a new bylaw relating to adult stores, clubs and video theaters. An Adam and Eve store that was proposed to the town in Fall 2017 prompted the new bylaw.
Reminder Publications submitted photo.

EAST LONGMEADOW –   Following a long process of Planning Board meetings, the first reading of a new bylaw relating to adult stores, clubs and video theaters was presented in a Public Hearing at the East Longmeadow Town Council meeting on Feb. 13.

The progression of creating a zoning bylaw relating to this subject matter came about when the town heard “sex-positive store” Adam & Eve was looking at East Longmeadow as a host for an additional location.  Since then, Adam and Eve of Greenfield owner and applicant for an Adam and Even East Longmeadow Scott McGregor told Reminder Publications in January that he doesn’t foresee his store entering the town anymore.

“I’m not going to put my store in an industrial park. It’s not practical,” McGregor said. “It’s a shame that they are so close-minded.”

At the time, McGregor stated he was looking into expanding his store to Pittsfield now that he felt East Longmeadow would no longer be a viable option.

Though lengthy, Town Council member Thomas O’Connor read the proposed bylaw relating to adult stores, clubs and video theaters at the Feb. 13 meeting.  He provided a definition of adult bookstores, adult clubs, adult theaters, adult use, adult video stores and adult paraphernalia stores.  To listen to these descriptions, go to hour 1 minute 25 on ELCAT’s video, https://www.youtube.com/watch?v=DiLx1xTnDkg&t=2602s.

For an application to be considered, specific criteria must be presented and fulfilled, as written in the bylaw, and as follows.

“One: Adult uses may not be located A: within 1,000 feet of each other. B: Within 1,000 feet of the nearest lotline of a residential district. C: Within 1,000 feet of a place of worship. D: Within 1,000 feet of school property lines or other non-profit educational use, library or museums. E: Within 1,000 feet of a playground or a park.

Two: Signage must meet all requirements of section 5.8 of this bylaw, accept that no advertisement, display or other promotional material is to be visible to the public from any public way including but not limited to pedestrian walkways.

Three: If the adult use allows for the showing of films or videos within the premise the booth in which the films or videos are viewed shall not be closed of by curtains, doors or screens or any other materials. All shall be clearly seen from the center of the establishment.

Four: The application for the special permit shall contain the following: A: Names and addresses of the legal owner of the establishment. B: Name and address of all persons having a lawful equity or security interest in the establishment. C: A sworn statement must be provided stating neither the applicant nor any person having equity or security interest in the establishment has been convicted of violating Mass General Law Chapter 119 Section 63, or Chapter 262 Section 28. D: Proposed security precautions. E: The number of employees.

Five: No special permit shall be issued under this section to any person convicted of violating Mass General Law Chapter 119 section 63. Or Section 262 Section 28.

Six: For the purpose of this bylaw the term substantial or significant portion, see adult use definitions, shall mean 10 percent or more of gross sales for adult bookstore, adult video stores and adult paraphernalia store in any form or amount of nudity an adult club.

Seven: No obscene matter, material or conduct as described in Mass General Law Chapter 262 Section 31 shall be permitted.

Eight: Should any provision of the sections be declared illegal or unenforceable by the Attorney General or an appeals court then it shall be deemed stricken from the bylaw and the remaining portion shall remain in full-force and in effect.”

Following the reading and public comment, Town Council member Donald Anderson questioned whether or not the specific Adam and Eve location that was looking to come into town would be enforceable by this bylaw as he was under the impression that they sell mostly “erotic clothing.”

“Unless I’m missing a point that if a business like this decides to come into East Longmeadow, I don’t see it necessarily falling in here unless they offered sex toys, videos and so forth. If that’s what the Planning Boards intent is, if this Adam and Eve business came in and said we’re just selling clothing that’s it, would that be exempt from this?  I ask this question without knowing the answer, but perhaps that would be,” Anderson said.

The Town Council moved to continue the Public Hearing regarding a new zoning bylaw relating to adult stores, clubs and video theaters for a second reading, scheduled for Feb. 27 at 7 p.m.

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