Parish, city laws regulate adult clubs, bookstores

Published 7:29 pm Thursday, May 18, 2017

A reader recently asked about the regulation of strip clubs and similar businesses in Calcasieu Parish. In reply, The Informer reruns a 2015 column that dealt with the issue:

What local or state laws apply to adult bookstores and strip clubs in Calcasieu Parish? What kind of activity is permitted in strip clubs? Who is responsible for enforcing these laws?

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Karen McLellan, a prosecutor with the Calcasieu Parish District Attorney’s Office, said adult bookstores and strip clubs must adhere to the same laws that bind other businesses, along with those that pertain to a “sexually oriented business.”

Louisiana R.S. 37:3558 defines a “sexually oriented business” as “a sex parlor, massage parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult motel, or other commercial enterprise which has as its primary business the offering of a service or the sale, rent, or exhibit of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.”

“Of course, prohibited activity outside an adult bookstore and/or strip club is prohibited inside the strip club, i.e. rape, prostitution, nonconsensual touching, molestation of a juvenile, etc.,” McLellan said in a statement forwarded to The Informer.

“There have been attempts to pass a statewide regulation of these businesses, but none passed. At this time, these businesses are regulated by the parishes.”

She noted parish code Section 4-12, which says that “lewd, immoral, or improper entertainment” is prohibited on the premises of businesses that sell alcohol.

The code lists the conduct that falls within the definition of the phrase — including server clothing that reveals “the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals”; encouraging or allowing sexually permissive behavior among staff or patrons; and the depiction of sex acts.

“Violation of this section by a retail dealer’s agent, associate, employee, representative, or servant shall be considered the retail dealer’s act for purposes of suspension or revocation of the permit,” reads the code.

The Lake Charles city code restricts the location of sexually oriented businesses, which includes adult video stores, adult bookstores and adult novelty stores.

“No sexually oriented business shall be established, operated or caused to be operated in any zoning district other than industrial as defined by the zoning ordinances of the City of Lake Charles,” reads Section 13-17.5.

The provision says sexually oriented businesses can’t be located within 300 feet of one another or any of the following:

A park, public playground, or community recreation center.

A church or other building primarily used for religious services or associated church structure(s).

A public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, home schools, elementary schools, middle schools, high schools, special education schools and community colleges. School includes the school grounds and playgrounds.

A hospital.

A public library.

A property line of a lot devoted to a residential use, either single or multiple family.

A facility for youth service such as a youth center, boys or girls club, scout, 4-H or other youth program meeting building.

Police and sheriff’s deputies, alcohol regulators, and city and parish zoning authorities enforce the various laws and regulations.

www.legis.la.gov; www.municode.com.