COUNCIL AGREES TO REGULATE STRIP BARS

The Cape Girardeau City Council agreed Thursday on a measure to regulate all adult businesses that even applies to some private parties.

At a study session at City Hall, council members agreed to consider the first reading of the proposed law at Monday's council meeting.

The measure would require strip-tease bars and other adult businesses to obtain a city license to operate.

Even traditional establishments would be required to obtain a special license if they chose to allow private parties on their premises that involved strip-tease dancers, City Attorney Warren Wells said.

The council backed away from zoning regulations, pulling them out of a draft of the proposed law because they might be too restrictive.

The measure would have prohibited adult businesses from locating within 1,000 feet of a school, church, public park, licensed child-care home or center or residential area.

Councilman Tom Neumeyer worried such a restriction could prove unconstitutional if it effectively bans adult businesses from almost all areas of the city.

"I'm feeling we might have quite a problem with this," Neumeyer said.

Wells said the city staff needs to look at a city map to determine where adult businesses would be allowed under such a zoning restriction.

"At this point, we just don't know how much of the city would be effectively zoned out," Wells said.

Council members said a distance restriction could be added to the ordinance at a later date.

Neumeyer said a zoning restriction of 200 feet might be more reasonable.

The zoning restrictions wouldn't apply to existing adult businesses.

Councilman Jack Rickard said the proposed ordinance will make it more difficult for adult businesses to operate in Cape Girardeau.

Wells said the measure would even restrict what could appear on any billboard advertising an adult business.

Councilman Richard Eggimann said the goal isn't to ban adult businesses, but to regulate them.

But local lawyer David Rosener disagrees. Rosener said after the meeting that the council is attempting to bar future adult businesses and drive existing ones out.

Rosener represents Regina's House of Dolls, one of two strip-tease bars in the city.

He said provisions that would keep customers at least 10 feet away from strip-tease dancers and prohibit any direct tipping are unconstitutional and unenforceable, and he threatened legal action over the matter.

A stenographer hired by Rosener has attended all of the recent council meetings and taken down every comment city officials have uttered on the issue.

City officials contend they are on solid legal ground.