The Woodward News

September 8, 2010

Adult business law approved

Rowynn Ricks
Woodward News

Woodward, Okla. — Tracy Daniels, co-owner of Sugar Lips Adult Toys, said she feels a new Woodward ordinance is treating her business “like we’re a sex offender.”

The ordinance, which was passed by the Woodward City Commission during its regular meeting Tuesday night, establishes regulations and a licensing procedure for any business “which has a substantial or significant portion of its stock in ... (items) relating to specified sexual activities or specified anatomical areas.”

As part of those regulations, businesses of this nature will be restricted from operating within 1,000 feet of any residential areas and within 2,500 feet of any “school, college, nursery school, child care facility, church and religious facility, or any public park.”

When it came to determining these distances, City Attorney Aaron Sims said it wasn’t based on any other laws in particular but rather was based on the idea that “we just wanted a significant distance from places where children are known to frequent.”

Considering that “a standard block is approximately 300 feet,” Sims said it would keep these adult regulated businesses from operating within a 3 block radius of any residential areas and approximately 8 blocks away from any churches, schools and day cares.

But for Daniels, who spoke with The News on Wednesday after the ordinance was passed, those distances seem to reflect the same limitations that are placed on sex offenders.

“I don’t mind getting the license,” she said.  “But I don’t like that they’re placing the same stipulations on us as a business as they would on a child molester.”



‘MORE G-RATED THAN TELEVISION’

Daniels said she especially doesn’t like how the ordinance was handled because “no one talked to us about anything.”

She said she didn’t even know that the ordinance was being considered until a customer told her Tuesday evening just before the city commission met to vote on it.

“They haven’t come here and see what we are like.  Instead, they just assume that we’re trying to put pornography in front of children,” she said.

“I’ve got grandchildren, I would never do that,” she said.

In fact, Daniels said “we’ve tried so hard to keep everything aboveboard and classy.”

Knowing that the business does have big front windows and that “there are children who ride their skateboards downtown along the sidewalks,”  Daniels said, “we’ve always kept everything that could possibly offend someone out of sight.

“The only things that are up front is clothing, costumes, incense burners and things like that,” she said.  “We keep all the toys on the back wall so you don’t have to see them unless you want to.”

“I’m more G-rated than television,” she said.



BEST TIME FOR BAD NEWS

Because of the store’s location at 913 Main Street, which is within a block or so of Centennial Park and St. John’s Episcopal Church, the ordinance would require Sugar Lips to relocate.

However, Daniels said, “we were in the process of moving anyway.”

She said the reason for the move was twofold: 1) her one-year lease of the store front was up as of the end of this month and 2) “we’re outgrowing this place.”

“Business has been good,” she said, noting that she had already leased another location along 8th Street that would allow for expansion.

She was even planning to start painting the new location next week, so she said news of the ordinance “couldn’t have come at a better time, because we were moving anyway and I would hate to get all moved and everything all painted just to move again.”

But, Daniels said, the ordinance has now “tied our hands to where we can go.”

So while she will have to try and get out of the lease on 8th Street which she said “would be even closer to that park,” she said she doesn’t plan to give up and go away.

“I will follow whatever rules they give me,” Daniels said, “but I will try to stay as close to here, meaning Woodward, as I can.”

She said she plans to keep the business within city limits, “if I can find a place far enough away from a church or school.”



ENFORCEMENT QUESTIONS

In fact, Daniels’ biggest concern with the issue seemed to be how soon enforcement would begin.

“My only question is am I going to have somebody in here tomorrow trying to shut me down,” she said.

However, Sims told The News earlier Wednesday, “I don’t think anyone will show up tomorrow and start writing them any fines.”

“They will be given time to remedy the situation, to move or relocate, or to change substantially the nature of their business,” he said.

After the ordinance was passed Tuesday night, City Clerk Catherine Coleman stated that she did not even have an application prepared for the licensing process.

Coleman said she was waiting to see if the ordinance would be passed, because it had been set before the city commission once before during their  June 21 meeting and removed from the agenda before they had a chance to vote on it.

Once the forms are ready, the application process can take up to a month as the ordinance states that the city clerk will be responsible for notifying applicants whether the license was granted or denied within 30 days.

During that time, a maximum of 14 days has been set aside for the purposes of allowing an investigation into the applicant’s qualifications to be licensed.  In addition to restrictions on location, businesses may also be denied a license if the applicant and others with financial interests in the business are not at least 21-years-old and if they are found to have been convicted of any sexual crimes within 5 years preceding the date of application.

Sims said the ultimate enforcement of the new ordinance will fall onto the city’s Code Enforcement office.



OTHER CITY BUSINESS

In other business Tuesday evening, the city commission approved several payments relating to a change in the water field expansion project that moved the new waterlines from public to private easements and approved adding an acre of land to the city’s lease agreement with the Woodward County EMS District for the ambulance base in the 1300 block of Downs Ave.

In addition, the city commission met for almost 2 hours in an executive session to discuss an issue that may involve Boiling Springs Golf Course.

While the commission agenda and Mayor Bill Fanning only referred to the subject of the executive session as involving “a pending investigation or claim,” there were 3 representatives of the golf course present at the meeting.

These men included Felipe Solis, course manager, and Chris Cockreham, president of the golf association which leases the land at Boiling Springs from the city of Woodward.

Cockreham said the golf course was “looking for some assistance” from the city.

“I don’t think we’ll get it, but we have to ask,” he said.

He also said that he attended Tuesday’s meeting because he wanted to be available should Sims or any of the commissioners have any questions.  However, there were no items regarding the golf course that were discussed in open session.

In addition, Sims was seen speaking with Cockreham immediately following the adjournment of Tuesday’s meeting, of which the executive session was the last item on the agenda.  However, Sims said he was limited by confidentiality and couldn’t confirm whether the executive session related to the golf course.

No action or vote was taken following the executive session.