Archives
 By  Staff Reports news Published 
2:46 am Wednesday, August 14, 2002

City defines sex shop limitations

By By Thomas Tingle
Record Managing Editor
Now that the Madison City Council has approved a new ordinance restricting sex shops to industrial zoned areas, how is the new ordinance for this type of business defined by the governing body?
The ordinance was approved at the council's July 22 meeting. Prior to its approval, if a person wanted to open a sex shop in Madison, that shop could have been located in any one of the three commercial districts that already exist in the city.
At the present time, there are no sex shops located in Madison, and, according to Madison Revenue Department Director Cameron Grounds, no person has come to his office seeking to locate a sex shop in town.
The new ordinance approved by the city council is defined as:
"Sexually oriented business: any business exhibiting any one or more of the following characteristics: A – the business holds itself out to the public as a "sex business," "adult business," or similar by advertising itself as such in the local media or through the use of signage or other forms of communication. Use of the letters "XXX" or the terms "sex" or "adult" in signage or advertising shall create a presumption that the business is a sexually-oriented businesses; B – More than five percent of the business' stock in trade or five percent of its gross floor area consists of instruments, devices, or paraphernalia either designed as representations of the female breasts or human genital organs, or designed or marketed for use primarily to stimulate the human genital organs; C – The business offers for sale, rent, or on-premise viewing or listening any written, printed, pictorial, film, videotape, electronic media, or other material which is designed or marketed for use primarily to stimulate the human genital organs."
Madison Community Development Director Bob Atallo said there are three commercial districts located in Madison. The first commercial district is a B-1 district, which is a considered a small-scale business district. Hughes Plaza and the Madison Municipal Complex are the only B-1 developments in Madison. The second commercial district is a B-2 district. It is a community commercial district that serves part of the city but not the entire city. Kroger Plaza is located in a B-2 district. The third commercial district is a B-3 district, which is a general commercial district. It serves the entire city of Madison. Wal-Mart is located in a B-3 district.
Atallo said sex shops are not allowed to locate in any of these three districts. They are limited to only an M-1 or and M-2 industrial district. In other communities – like neighboring Huntsville, Atallo said there is no distinction between sex shops and other businesses.
"In Huntsville, an adult bookstore could locate anywhere a "bookstore" would be allowed. However, in my personal experience, this is the exception and not the rule," Atallo said. "It is more common to do what Madison has just done – restricting adult businesses to industrial areas."
Atallo said had the city council not approved the new ordinance, a sex shop is considered the same type of business as a jewelry store or sporting goods store or shoe store.
"For instance, that is why Pleasures can legally located in the same shopping center as Shoe Carnival in Huntsville," Atallo said. "A store like Frederick's of Hollywood, which sells clothing and not sex toys, does not fall into the same definition of this ordinance. If it did sell sex toys, then it would be restricted to the M-1 or M-2 zone."

Also on The Madison Record
Main Street Madison seeks public input in market survey
A: Main, Business, Madison County Record, ...
Maria Rakoczy 
June 3, 2026
MADISON - Main Street Madison (MSM) is asking for feedback from Madison residents in a market survey that could determine future businesses in downtow...
City council approves Madison Inn and Suites demolition
A: Main, Madison County Record, News, ...
Maria Rakoczy 
June 3, 2026
MADISON - The Madison City Council approved the demolition of Madison Inn & Suites located at 8716 Madison Boulevard at last week’s city council meeti...
“Parrots Block Party” coming to downtown Madison this Saturday
A: Main, Events, Madison County Record, ...
Gregg Parker 
June 3, 2026
MADISON – Get ready for a fun block party in downtown Madison this weekend. Rotary Club of Madison is bringing what promises to be an afternoon of lau...
Mayor Bartlett takes action to improve Madison Boulevard
Madison County Record, News, The Madison Recor, ...
MADISON WEEKLY
Gregg Parker 
June 3, 2026
MADISON – Question: When can destruction of free-standing (hopefully still standing) buildings represent a positive step for a city? Answer: When the ...
Pat Cross, Dennis Sanders inducted into district-level Rotary Hall of Fame
Madison County Record, News, The Madison Recor, ...
Gregg Parker 
June 3, 2026
MADISON – Pat Cross and Dennis Sanders have been inducted into the prestigious Rotary Hall of Fame for District 6860. They are members of Rotary Club ...
Local author to release twist on Beauty & the Beast novel
Madison County Record, News, The Madison Recor, ...
Maria Rakoczy 
June 3, 2026
MADISON - Author and Madison resident Savannah J. Foley is set to release a new novel, Awakened: A Curse Of Rose And Snow, a modern twist on a timeles...
Debbie Overcash leads Torch Technologies as top benefactor in Huntsville Heart Walk
Madison County Record, News, The Madison Recor, ...
Gregg Parker 
June 3, 2026
MADISON – Nine out of 10 people who suffer cardiac arrest outside a hospital don’t survive, often because no one nearby knew CPR. However, concerned c...
American Legion, Post 229 and residents show respect at Memorial Day Ceremony
Madison County Record, News, The Madison Recor, ...
Gregg Parker 
June 3, 2026
MADISON – The relentless rain quieted, almost in respect for the military personnel who have given their lives in defense of our country. With the bre...

Leave a Reply

Your email address will not be published. Required fields are marked *