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City files motion for contempt citation against Love Shack

Attorneys for the City of Johns Creek today filed a motion in Fulton Superior Court for a contempt citation against the Love Shack, asserting that the business continues to operate in violation of city ordinances.

On Feb. 21, Judge Ural Glanville granted the city's request for a permanent injunction against the business, located at 10590 State Bridge Road. The injunction ordered that the Love Shack could not operate in violation of city ordinances, specifically that it could not operate without an business tax certificate – a business license – or operate a sexually oriented business in an area not zoned for such use.

City code enforcement officers made multiple visits to the business following receipt of the judge's written order Feb. 28 and found the business continues to meet the city's definition of a sexually oriented business, including:

• At least 25 percent of the establishment's displayed merchandise consists of adult materials.
• The establishment devotes at least 25 percent of its interior business space or at least 500 square feet of its interior business space to the display, sale and/or rental of adult materials.
• The establishment regularly offers for sale or rental at least 1,000 adult items.

In addition to those criteria that would classify the Love Shack as an adult bookstore and/or an adult video store, the business also sells sexual devices, which places it in another category of sexually oriented businesses according to the city's ordinance.

"We have conducted several store inspections that indicate that the business continues to operate in violation of Johns Creek's ordinances and therefore is in violation of the court's order," Mayor Mike Bodker said. "Today we have presented our findings to the judge for his review. If he agrees with our assessment, then we are asking that he take whatever action he deems appropriate."

The business was denied a 2007 business license because it was deemed to be a sexually oriented business. The owner applied for a 2008 license on Feb. 26 but the city has not yet acted on the application.

The owner has three options, the Mayor noted:

• Bring the store into compliance so it does not constitute a sexually oriented business.
• Relocate the business to an area zoned for sexually oriented businesses.
• Cease operation.

"That has been our position all along," Bodker said. "We simply want the business to operate in compliance with city ordinances, the same expectation we have for all Johns Creek businesses."