Staff Writer
PRESQUE ISLE — City Council’s Monday night session was one of the most-attended on record, with the placement of extra seating required to accommodate the unusually high number of citizens who turned out to comment on a number of issues on the evening’s agenda.
The majority of those attending the meeting were there to express concern over a local business’s request application for renewal of a nude entertainment license.
“An application for a nude entertainment license was submitted by KBS Enterprises, d/b/a Presque Isle Inn and Convention Center,” said City Manager Tom Stevens.
A number of citizens, including a doctor and two pastors from Presque Isle churches, spoke in opposition the to city’s ordinance, Chapter 52, allowing such forms of entertainment in the community.
Craig Fay was first to address Council, stating such activity would bring revenue to the city but create “moral unrest.”
Councilor Ron McPherson said the measure has been around since 2002 and was an “extremely hard challenge” but he felt the Council came up with the “best ordinance we could.”
“Whether I like it or not, it meets all the criteria,” said McPherson. “I’ll vote in favor of this because the laws state he’s (PI Inn owner Kevin Simmons) in compliance with every single one of the stipulations. There’s been absolutely no trouble whatsoever.”
Dr. Josette Hunter, an OB-GYN, said she’s seen an increase in sexually-transmitted diseases in patients recently and having this type of activity in the city would lead to even more cases. She said the proposed nude dancing is “degrading to women,” and with the university nearby, there were “impressionable people in the community.”
“This has a huge effect on the community, from a public health standpoint. I think if this service is coming and people come from different areas of the state, I think you’ll see more and more of these diseases in the community,” said Hunter.
Council Vice Chair Jennifer Trombley said the permit was actually the same permit Council had approved in the past and that no more than two to four shows would take place in a year’s time, if that.
Karl Dampf, of Presque Isle, asked if the ordinance could be brought to a public referendum.
“If you see this group here, imagine how many more would be interested in changing this clause,” said Dampf.
“Any ordinance adopted by the city is open to change, but you’d have to collect signatures,” said Stevens. “There are laws either established through the state or United States Supreme Court. You could take the ordinance off the books, but then you’d be without a law to regulate such activity.”
In the end, Stevens said Council would probably come up with the same ordinance that’s already in place. The present document was implemented in 2002, after public discussion led to the formation of a committee to devise an ordinance that addressed public concerns while allowing businesses to provide such entertainment as long as criteria were met.
“What we think we did at the time is strike a balance between businesses that want to participate in that kind of activity and what the community wants. Again, I think we’ve struck the balance of business and community-wide interest,” said Stevens. “The simple answer is ‘yes’ (you can go to referendum), but it would create complex results.”
Reverend Ron Chaffe, of the United Methodist Church, suggested if the license couldn’t be stopped, perhaps citizens could speak with the owner.
“If indeed we can’t go beyond regulation — the law or ordinance, maybe if the community would talk to the owner and say ‘we’d really like you to reconsider’ and ‘we don’t really appreciate it, we might find ourselves coming there more often if you don’t have that kind of entertainment’ — maybe we can help businesses that provide family-oriented entertainment that’s not injurious to the community,” said Chaffe.
Councilor Don Gardner said he and several members of the current Council worked together to craft the ordinance to ensure the legality of the document.
“It’s a term called ‘civil rights.’ Kevin has a right to make a living just as everyone else does. I’ve heard a lot of comments that it’s degrading to women. But guess what, guys, it’s men up there, not women,” said Gardner. “I go over every item when one of these comes up. Every criteria has been met. We have no right to deny because we don’t like this. It (the ordinance) has done its job; we haven’t had any complaints or police calls (related to such shows).”
Councilor Mel Hovey said he agreed with everything his pastor said but he’d have to act as the law dictates.
“I have no other choice under the law but to approve,” said Hovey.
Councilor Calvin Hall said every once in a while the most difficult things come before Council.
“It’s a matter of balancing the rights under the law and social and community responsibilities. Whether nude dancing, lingerie modeling or an adult bookstore — we all go somewhere in our minds and think it’s worse than it’s going to be,” said Hall. “Social and medical problems I understand, but I suggest you get a copy of the ordinance and see how tight it is. A community without an ordinance to say what it should or shouldn’t do is going to get into trouble.”
A copy of the ordinance can be found on the city’s Web site, www.presqueisle.govoffice2.com. Chapter 52 specifies indicates how many feet such entertainment must be from residences, schools, churches and daycares; age requirements for participating; and that coverage of private parts is required, contrary to public belief that shows are entirely nude.
Following considerable discussion on the matter, Council voted 5-0 to approve renewing the license. Council Chair Ed Nickerson and Councilor Walt Elish were absent for the vote.
The owner of the Presque Isle Inn was present for the meeting and was pleased with the Council’s decision to renew his license.
“As a renewable license, I will renew it each year to keep the license active. That doesn’t mean I’ll have a show every week. I haven’t had one in nearly five years. This is just a matter of renewing the license so I can hold a show,” said Simmons.
Simmons said he has no plans at the present time to hold such entertainment.
“It’s not about strippers, it’s about entertainers. I won’t have just anyone performing in my establishment. It has to be quality entertainment. Last time I had a show, it was Chippendale dancers,” said Simmons. “There were no problems then. I’ve met every criteria. I appreciate Council’s support.”
In other business, Council:
• Approved a malt, spirituous and vinous liquor license application and special amusement permit for dancing and entertainment for Susan Kirby, Chad Graham and Brady Mahan, d/b/a Four Thirty One, LLC, 431 Main St;
• Received an update from Director Scott Wardwell on airport projects and activities;
• Approved proposed fee changes to Chapter 25, International Building Code; and Chapter 31, National Electrical Code;
• Listened to Stevens give an overview of the proposed 2010 municipal budget;
• Approved consent agenda items; and
• Following a request by Stevens’ attorney, Norman Trask, to meet to discuss the manager’s employment with the city, voted 3-2 in favor of tabling the discussion of recruiting a new manager to a later date. But with two of the seven councilors absent, the vote lacked a majority and didn’t carry. Council will hold a special meeting Tuesday, Oct. 13, at 6 p.m. at City Hall to continue discussion of the matter.
Staff photo/Kathy McCarty
FULL HOUSE — City Manager Tom Stevens said only twice before has he seen Council Chambers so full — first, when the city’s nude ordinance originally came up for discussion; then when a dog ordinance was before the Council. The renewal of a local business’s nude entertainment license attracted a large number of citizens Monday, with several telling city representatives how the renewal would negatively impact the city. Over half of the people pictured left the meeting, after Council — following criteria set forth in Chapter 52, the ordinance on nude entertainment — approved the license for the Presque Isle Inn and Convention Center.
