The attempt by Kelly Rogers to open his Starship Adult Novelties and Gifts location at Thomas Crossroads evolved to another level earlier this week when Coweta commissioners in a called meeting adopted ordinances on sexually-oriented businesses and obscenity. His store now stocked and having already applied for his business license, Rogers said he will not be deterred and will either be granted the business license or go to court.

Commenting on the passage of the sexually-oriented business ordinance in a Jan. 28 press release, the county said it replaces the former ordinance. One of the goals of the new ordinance is to “regulate... sexually oriented business through a narrowly tailored ordinance designed to serve the substantial government interest in preventing the negative secondary effects of sexually oriented businesses.”

The ordinance on sexually-oriented businesses defines such a business as “an adult bookstore or adult video store,” and “adult cabaret,” and “adult motion picture theater” or a “semi-nude model studio.” It cites numerous parameters for qualifying as an adult book store or adult video store where at least 25 percent of displayed merchandise, the wholesale value of displayed merchandise, its retail value, revenues and floor space are of an adult nature. Such a business also regularly offers for sale or rental at least 2,000 items of an adult nature and maintains at least 500 square feet of its floor space for such items. A sexually-oriented business cannot operate within 1,000 feet of a school, religious institution, public park, recreation facility, licensed daycare facility, residential property or another sexually-oriented business.

The sexually-oriented business ordinance also cites numerous instances of case law where “adult bookstores and adult video stores (manipulated) their inventory and/or business practices to avoid regulation while retaining their ‘essentially’ adult nature.”

The obscenity ordinance is a first in Coweta. It specifies that it is unlawful to “knowingly distribute, possess with intent to distribute or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any pecuniary value.”

“The State of Georgia had a similar statute that was struck down in 2006 because of its prohibition on advertising. The Coweta ordinance does not address advertising and would therefore fall under other court cases approving obscenity laws similar to the obscenity ordinance adopted by Coweta County. Because the State of Georgia has not yet replaced the state obscenity statute, it was appropriate for the county to include this regulation in our update of regulations regarding sexually oriented businesses,” the Jan. 28 press release said.

Ordinances notwithstanding, both Rogers and his attorney Alan Begner maintain that Starship is a store that will sell general merchandise that will carry some adult items and that it should be granted a business license. Rogers said the store is stocked and he does not believe he should have to go through an appeal process.

“I’ve never been officially denied a business license. My attorney is demanding that they give me my business license,” Rogers said Wednesday. “If they don’t we’re going to sue them for it.”

Begner said his client has spent approximately $100,000 renovating the store and that he is entitled to the business license.

“It’s an outrage. This is something they ought to be ashamed of,” Begner said Wednesday. “Either they want to close the door for other applicants or they want to go further and ruin us. If there is no business license we’ll definitely sue.”

Commenting on the obscenity ordinance, Rogers said the sale of ribbed condoms and home parties where sex toys are sold would also violate the new ordinance.

Coweta in its statement Jan. 28 begged to differ, at least when it applies to condoms.

“Contrary to some earlier reports, this ordinance does not apply to condoms or lubricants. Unlike sex toys, condoms are primarily used for contraception and disease. They are not, and cannot under governing law, be subject to the obscenity ordinance,” the press release said.

Based on the county’s statement it would appear that Rogers was correct about parties held in private homes where sex toys are sold being in violation of the obscenity ordinance. Penalties for violation convictions include a fine of up to $1,000 and up to six months in jail.

Rogers’ business license application was denied last week. The announcement came at a commission meeting where more than 300 people packed the commission chambers.

“Based on what (county staff) have seen, and what they have been told, staff believes the proposed store is a sexually-oriented business and, therefore, cannot operate at the proposed location without rezoning,” District 4 Commissioner Rodney Brooks said in a prepared statement. “Our county staff has informed the board that they will be denying this business license application at this time.”

County attorney Nathan Lee at the meeting told commissioners that, “Based upon what his license said, (county staff) investigated, spoke with the owners and they believe that what they’ve been told and what they’ve seen, once it’s stocked, it’s going to cross the 25 percent threshold,” Lee said. “(County staff) have gone to other stores that were represented to be 25 percent stores.”