Sylva leaders expected to pass law regulating adult entertainment

By Lynn Hotaling

An ordinance of this type has been in the works since November, when town leaders approved a 90-day moratorium on such businesses to allow time to draft regulations. Without such a law, sexually-oriented businesses in the town would be required only to follow state statutes, which define such businesses but place no limits on where they can locate, said Jim Aust, Sylvašs zoning administrator.

Sylvašs proposed ordinance expounds upon the statute and imposes restrictions on where sexually-oriented businesses may locate within Sylva, said town attorney Eric Ridenour. The ordinance would not allow a sexually-oriented business to be within 1,320 feet (a quarter mile) of a church, synagogue, school, day care center, park, playground, or zoned residential district, he said.

"State case law holds that a quarter mile is a reasonable restriction on such businesses," Ridenour said. "In other words, there is no limit on the amount of such establishments that can locate in Sylva, provided that they are at least a quarter-mile from a residential district, church, day care, school, etc. Because there is no limit on the number of sexually oriented businesses that can locate here, it is not a restraint on free trade, and it passes as constitutional."

On the other hand, Ridenour said he knows of no location within the city limits where such a business could locate and still be in compliance with the draft ordinance.

By state statute, stores that sell magazines depicting nudity are not defined as sexually-oriented businesses as long as they derive only a small portion of their income from the sale of such publications, Ridenour said, and therefore would not be affected by the proposed ordinance.

Approval of the draft ordinance is expected tonight during the Sylva boardšs 7 p.m. session.

Sylvašs adult-entertainment ordinance is not expected to impact the plans of a local businessman to open a restaurant/lounge/dance hall at the old Cagle and Son Ford location, Aust said.

Sylva entrepreneur Wayne Smith purchased the former Cagle property in late March and has applied for and received a permit to operate a restaurant there, Aust said.

When contacted by The Herald, Smith confirmed his plans to open a restaurant/club on the site, and said he planned a "very nice club - a place families can go with their kids."

The bar will be separate from the restaurant, Smith said, and when the eatery closes at about 9:30 p.m., the chairs and tables will be moved to allow dancing. "It will be a very nice club with a sit-down restaurant," Smith said. "Wešll have live bands and dancing, similar to Thunder Ridge."

Thunder Ridge, a Maggie Valley night spot, closed several months ago under pressure from District Attorney Charles Hipp.

Smith plans to open his new restaurant in six to eight months, he said.

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