Commissioners pass sexually oriented business ordinance

Listen to the February 4, 2010 commissioners meeting

Clay County commissioners passed the Sexually Oriented Business Ordinance Thursday, following Hayesville’s lead.

“This pretty much just follows suit with what the state tells us that we can do,” Commissioner Herbert Cheeks said.

Cheeks said he has received multiple phone calls from citizens asking about how much control he has over the ordinance.

“Different people have called me wanting to know ‘why can’t you do this or that?’” he said. “There are certain things that the state says that you do and that’s exactly what we’re trying to follow here; make it as stringent as possible.”

Clay County Manager Paul Leek preferred not to read the 13 page document at the meeting due to its length, but said that background checks will be carried out before anyone can get a business license. The annual license fee is $1,000.

“This ordinance does not prohibit this kind of business from locating in Clay County but it does restrict the location, the hours of operation and those kind of things,” Leek said.

Commissioner Harry Jarrett reminded the board that crime rates in North Carolina have increased and property values decreased after the opening of a sexually oriented business.

“The general assembly [determines] that sexually oriented businesses can and do cause adverse secondary impacts on neighboring properties,” he said.

In the ordinance, the board wrote that it “seeks to reduce and eliminate the deleterious effects of sexually oriented businesses while preserving constitutionally protected forms of expression.”

The ordinance states that sexually oriented businesses must not be located within 1,000 feet of any other sexually oriented business, school, church, day-care, park or residence. Such businesses also may not operate between the hours of 1 a.m. – 1 p.m. on Sundays.

Sexually Oriented Business Ordinance