GoFuckYourself.com - Adult Webmaster Forum - Adult businesses may face more rules

By Scott Aust, Journal Staff Writer

RAPID CITY ? The Rapid City Council is considering adding more regulations to the adult oriented business ordinance that has been in effect for about a year.

The new rules would require all employees, not just owners and managers, of adult oriented businesses to obtain a license from the city and go through a criminal background check.

At Monday's regular city council meeting, a group of AOB business owners, managers and employees urged the council not to implement further regulations.

Al Fazenbaker, manager of Shotgun Willie's, said that since new restrictions were placed on his business, there have been more than 60 compliance checks and numerous walk-throughs by police, none of which resulted in a conviction.

"What other business in Rapid City has to deal with this kind of scrutiny?" Fazenbaker said.

In Fazenbaker's opinion, licensing all employees is an attempt by Alderwoman Jean French to push her personal agenda and is a "transparent attempt to force her religious views on our business."

No study has been done to measure the effects of the ordinance since it was implemented a year ago, he said, adding that the American Family Association, which helped create the ordinance, has made it clear that the ultimate goal is to regulate AOBs out of business.

"We are operating under the new guidelines they imposed, and we're surviving. They are more committed now than ever to drive us out of business," he said.

Fazenbaker said he and his wife are licensed, his security staff is licensed, and wait staff, disc jockeys and doormen have all taken part in responsible alcohol service programs.

"Folks, we're licensed enough. I ask you to recognize Mrs. French's efforts for what they are ? an attempt to force us out of business," he said.

French said there are a number of businesses in town that license employees out of concern for the safety of patrons or other workers. For a $25 fee, a background check would be conducted on an employee to determine whether the individual had had a conviction within the past two years for assault, drug, or sexual felonies, she said.

"It wasn't to be punitive to felons who have changed, and it wasn't meant to be punitive to the folks that cannot find the $25," French said.

The only ones bothered by background checks are the ones who cause the problems, French said ? the ones who shouldn't be in the industry.

"We don't let child molesters in day cares. We don't want sexual predators in AOBs. It's very reasonable," she said.

Alderman Tom Murphy disagreed, saying that some with extremist views want to put even more regulations on four legal businesses in an attempt to drive them out of business.

"We shouldn't even be talking about this. We have a good ordinance already on the books," Murphy said. "This needs to stop. This attack on the adult oriented businesses has to stop from the extremists in the city. It's wrong. I support the ordinance but not to this extreme."

Ron Glasscock of Box Elder, representing the group Citizens for a Safe Community, said his group is concerned that loopholes remain in the existing ordinance that allow people with prior convictions for drugs or prostitution to rotate in and out of the community and state. He believes a licensing requirement could close that loophole.

"An AOB owner, upon being caught in violation of the ordinance, used the excuse that her employee was new and therefore ignorant of the law," Glasscock said. "With licensing of these employees, they will no longer be able to use ignorance as an excuse."

Tom Holway, owner of Video Blue, said he doesn't understand why a distinction should be made between a bartender at Shotgun Willie's and a bartender at another business.

"They both serve alcohol," he said. "They're not AOB personnel just 'cause they work on the property. They're not doing anything AOB oriented by serving alcohol. My clerks sell merchandise. Why do they have to be licensed when somebody at Common Cents can sell Playboy, Penthouse and Hustler without a license?"

But Alderman Jeff Partridge sees it as a health and protection issue, not a religious or censorship issue or a desire to put anyone out of business.

"You've gotta know that I've got zero desire to code someone out of business. Every strand in my body revolts against more government regulations, more restrictions, more limitations on our freedom," Partridge said. "However, when it comes to government doing for citizens what they cannot do for themselves, that's when government takes over. It's about creating a safe community."

Alderman Ron Kroeger asked where the line would be drawn, noting that similar requirements aren't being imposed on restaurant workers and that at any given time there are unsupervised minors who can access adult oriented material online or over cable television at home.

"I really believe the AOB businesses need some restrictions, and we put an ordinance in effect to take care of that," Kroeger said. "This has gone far enough."

On a 6-4 vote, the council decided to discuss the licensing issue at its next legal and finance committee meeting on Wednesday, June 16. French, Partridge, Alan Hanks, Sam Kooiker, Rick Kriebel and Ray Hadley voted in favor, and Kroeger, Murphy, Martha Rodriguez and Bill Waugh voted no