Porn store open without a permit

An adult store selling pornographic magazines, books, videos and other items in southern Laurel County has opened seemingly in defiance of a local ordinance regulating such businesses, but county leaders say they plan to “wait and see” before taking any action.
The Adult Depot opened its doors to patrons last Tuesday, but county officials say business owners do not have a permit to operate and have not completed paperwork necessary to run an adult-oriented business in the county. The store sells pornographic magazines, books, videos, games, novelties and lingerie. Inside there is a theater that shows x-rated movies 24 hours a day, and individual booths in which patrons can pay to watch sexually-oriented videos.
In March the Laurel County Fiscal Court passed a strict ordinance regulating adult-oriented businesses – following suit behind several other area cities and counties. The law requires steep business license fees, employee fees, background checks and training, square-footage requirements and mandates at least a 1,000-foot setback from any public access road, as well as distance requirements from schools and churches. The ordinance also compels owners to fill out numerous application forms and to seek a permit.
“They are not legal right now because they don’t have a permit,” Laurel County Judge-Executive Lawrence Kuhl said Tuesday, but added he didn’t intend to order the store closed right away. “We’ve still got to do a lot of background research on these people.”
Kuhl said he sent forms to Nashville-based attorneys for the Adult Depot Monday and expects a response soon. He said he’s not inspected the store yet to see what they are selling or if it meets requirements of the ordinance.
“Hopefully they will get it back to me so we will have good documentation about what it is and what they are doing,” Kuhl said.
Kuhl could order the store to close until a permit is obtained, but said he’s waiting for advice from County Attorney Elmer Cunnagin before taking any action. Cunnagin is out of town for the remainder of the week.
Herschel Walker, pastor of nearby Hopewell Baptist Church, said he’s disappointed the store has been allowed to remain in operation with no permit, and said he’s heard concerns from members of his congregation about the nature of the business.
“About all of them is concerned about it, but what do you do?” he said. “The thing of it is, you are really batting your head against a wall. There just isn’t a whole lot you can do … I’m big-time disappointed that they are even in the neighborhood … that we’ve sunk to that level that we have pornography stores that will peddle in that filth in society period. If there’s something I could do, I’d be doing it.”
Once Adult Depot attorney’s return application forms, a public hearing on the issue will be schedule before the county’s fiscal court. Kuhl said a permit could be denied to the business if it does not meet all the specifications of the ordinance.
“They kind of jumped the gun on this,” Kuhl said. “I wouldn’t have minded going ahead and going down there to look at the place and see that they are in compliance [before opening]. They told me they would comply with the ordinance.”
The thorniest issue could be the ordinance’s setback requirements from a public roadway. The Adult Depot is not 1,000 away from the center of the Cumberland Gap Parkway (US 25E), but Kuhl said the mandate might have to be waived because owners registered the business with the Kentucky Secretary of State’s Office and the Laurel County Occupational Tax Office before the fiscal court passed its ordinance regarding adult-oriented businesses.
According to the Kentucky Secretary of State’s Office, The Adult Depot – a limited liability company – was formed Feb. 1. According to Rick Brewer, Director of the Laurel County Occupational Tax Office, owner Steve Hale filed an application with his office Feb. 2 that claims the Adult Depot will have six employees.
Hale did not return calls seeking comment for this story. In May, he said he hoped area residents would tolerate the store.
“It will not be a cave-dwelling and stuff … everybody always figures it’s going to be trashy … smut for the whole area. Well, it’s nothing like that. Hopefully, with Corbin going wet and everything … their ideas on that stuff has kind of eased up a little bit.”
Tim Thompson, pastor at First United Methodist Church in Corbin, and a member of the Corbin Ministerial Association, said he’s surprised the store was allowed to open.
“Myself and many other ministers in the area … I guess we just though or assumed all the surrounding areas were covered,” he said. “Apparently, that is not the case. Somehow these folks got their way in before Laurel County got their ordinance into force. I don’t know what you do now. Once you get something like this established and open, it’s nearly impossible to get it closed.”
Thompson said the ministerial association will not meet again until September, but added that the store would likely be a topic of discussion.
“I feel confident that most of the ministers I know will share that same feelings that I have. This is not good for the community … we don’t need this. There’s nothing to be gained from this and only potential problems to come from something like this.”
Kuhl said he’s received numerous calls from area residents regarding the store. He said anyone with concerns is welcome to express them at the public hearing when it is scheduled.