Daytona Beach Lobbing Hefty Fines Against Sex-Based Businesses

The Associated Press
Published: Nov 13, 2001

DAYTONA BEACH, Fla. (AP) - City officials determined to chase away several adult-oriented businesses have begun threatening to fine them up to $5,000 per day.

Three adult stores were ordered to shut down or cease displaying explicit materials by the end of the week or face $1,000-a-day fines. Others businesses, including some adult clubs, face fines of five times that amount.

The city has been fighting a legal battle in federal court with the owners of several adult clubs and the XTC Adult Super center, a video and book store. The businesses sued the city over ordinances that dictate where such adult businesses can be placed.

Last month a federal judge prohibited the city from shutting the businesses down, but ruled that the city could impose fines. Last Thursday, the city began to issue notices warning about the fines.

"All they have to do is shut down to avoid the fines," said Mayor Baron H. "Bud" Asher.

The city's code board has ordered four adult clubs - two of which, The Pink Pony and Molly Brown's II, offer nude dancing - to cease and desist immediately or face $5,000-a-day fines, said the city's code officer Paul McKitrick.

If inspectors show they've remained in operation for say, 20 business days between now and the code board's December meeting, then each of the clubs will face a $100,000 fine.

And XTC faces fines of $1,000 a day beginning Monday if it doesn't shut down or change to a non-adult format. The same goes for the Banned Bookstore and the House of Leather.

Mike Piscitelli, an associate with Ellenton Video Inc., which owns the XTC, said: "The deadline is bogus. We're aware of their ultimatum."

"We know that they can issue citations up to $5,000 a day," he said.

"However, we are absolutely never leaving this location, under any circumstances or conditions."

AP-ES-11-13-01 0003EST