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
Nine local players named ASWA Football All-State
A: Main, Madison County Record, News, ...
All-State Football
Bob Labbe 
December 31, 2025
MADISON - The Alabama Sports Writers Association (ASWA) has announced its All-State Football Teams for the 2025 season and no less than nine players f...
Jarrett named city’s Director of Operations, Communications
A: Main, Madison County Record, News, ...
Gregg Parker 
December 31, 2025
MADISON – A workday for Amanda Jarrett can include operational strategy, fostering collaboration with community partners and advancing key priorities ...
Bartlett recognizes police outreach, public works progress
Madison County Record, News, The Madison Recor, ...
MADISON WEEKLY
Gregg Parker 
December 31, 2025
MADISON – Mayor Ranae Bartlett acknowledged the outreach and work of city employees in her “Madison Weekly” update for the week of Dec.21. This update...
Local pilot soars to world victory: NARCA’s Andrew Jesky crowned 2025 F3A World Champion
Madison County Record, News, The Madison Recor, ...
North Alabama RC community celebrates inspiring achievement
By TIMATHY KELLEY 
December 31, 2025
HARVEST - The North Alabama Radio Control Association (NARCA) is celebrating a moment of extraordinary pride after longtime member Andrew Jesky claime...
Local band directors marching in 2026 Pasadena Rose Parade
Madison County Record, News, The Madison Recor, ...
By JEAN COLE www.decaturdaily.com 
December 31, 2025
ATHENS - Armed with a piccolo and a base trombone, Regina and David Raney of Athens will be among 300 band directors from across North America marchin...
Tyler Gohlich acclimates to U.S. Military Academy at West Point
Madison County Record, News, The Madison Recor, ...
Gregg Parker 
December 31, 2025
MADISON – Cadet Tyler Gohlich of Madison has learned to conduct himself in military aspects of daily life while simultaneously balancing a heavy acade...
Madison to host Alabama All-Girls State Chess Championship
Madison County Record, News, The Madison Recor, ...
Gregg Parker 
December 31, 2025
MADISON – Madison will be the host city for the 2026 Alabama All-Girls State Chess Championship. The contestants will gather at Madison Community Cent...
Huntsville officials unwrap new West Huntsville Recreation Center
Madison County Record, News, The Madison Recor, ...
Staff Reports 
December 31, 2025
HUNTSVILLE - A ribbon-cutting ceremony celebrated the opening of the West Huntsville Recreation Center last week, a 27,350 squarefoot facility near Zi...

Leave a Reply

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