DAPHNE, Alabama— Following other Eastern Shore cities, the City Council is expected to vote next week on an ordinance to regulate tattoo facilities, as well as “sexually oriented businesses.”

The “Community Standards” ordinance is set to be voted on at the Monday, July 15, council meeting. This ordinance will regulate what the city calls “sexually oriented businesses” and tattoo parlors.

As defined in the ordinance, a sexually oriented business is an adult cabaret or entertainment facility, adult companionship establishment, adult novelty and book stores, and adult theaters.

“In general, we have four categories of sexually oriented businesses, those that sell things, those with live performances, those that provide companionship and those that have pictures,” attorney Kyle Navarro said during the June ordinance committee meeting.

The ordinance states that such businesses have negative secondary effects and are often associated with crime, downgrading of real property values and sexual exploitation.

“Profit center”

Any business that has a “profit center,” a collection of related products, items or services which can be treated as a separate, standalone section of the business generating its own profits and losses, can be deemed a sexually oriented business.

Such may be the case with Lucy’s Love Shop, which has fought being classified as an adult business. Lucy’s is a lingerie shop, which also has a small section of adult novelties. According to franchisee Lynn Williams, the novelties sold at Lucy’s are much like those sold at Spencer’s at Bel Air Mall in Mobile and are usually used for things like bachelorette parties.

Under previous language in the ordinance, which stated a business could be deemed sexually oriented if more than a percentage of the business, 30 to 35 percent, fell into the “adult” category, Lucy’s may not have been classified as an adult business. Under the new “profit center” language, Lucy’s will likely be deemed a sexually oriented business.

Location restrictions on sexually oriented businesses stated in the ordinance are 1,000 feet from any school, day care, church, public park, tattoo facility and another sexually oriented business, and 500 feet from a residential zone.

In addition, businesses deemed to be adult in nature will have to go through a special permitting process, have restricted hours of operation, and will only be allowed by right in commercial/industrial zone and in general business zone with Planning Commission approval.

In a recent email to The Courier, Williams said she is having a hard time meeting these location requirements in anticipation of being deemed a sexually oriented business.

“We lost the only space that would rent to us,” Williams wrote. “We can’t seem to find a suitable location that will agree to rent to us.”

Tattoo parlors

Tattoo facilities are receiving less harsh location restrictions. Artists from Royal Street Tattoo advocated their position at the June ordinance committee meeting.

Tattoo facilities will be prohibited within 500 feet of a school, day care, church, public park, sexually oriented business and another tattoo facility. They cannot be within 250 feet of a residential area.

Tattoo facilities will be allowed by right in the general business zone and in the local business zone with Planning Commission approval.

Moratorium ending soon

In February, the council placed a moratorium on issuing business licenses to businesses that could be deemed “adult,” such as Lucy’s Love Shop.

That moratorium will expire in August if the council does not pass this version of the community standards ordinance. At that time, the council could choose to extend the moratorium or let it expire.

Other agenda items

Also up for a vote at Monday night’s council meeting are the ordinance to regulate public indecency and an ordinance granting a rezoning request to Earth Inc. from zone R-3 to R-6. The zone R-6 is the sometimes controversial garden or patio-home district, which allows for more homes to be built in a smaller area.