Tougher Rules at Topless Bars

Manatee County has struggled for years to limit sexually explicit entertainment businesses.

On Thursday, county commissioners may have fired the “silver bullet” that will terminate the industry locally – by making it a code compliance issue subject to enforcement.

Commissioners adopted an ordinance that enforces a 2005 ban on serving alcohol at sexually oriented businesses.

Although lawyer Luke Lirot, defending the businesses, predicted that the action will send the issue back to court, the commission was unanimous in its move. He said Manatee County's adult entertainment industry is fighting for its life.

No one is declaring victory – yet. The issue has been contentious and long-fought. In 2005, the Manatee County Commission passed an ordinance banning the sale of alcohol at sexually oriented businesses.

Lirot defended the businesses, and the issue has been in court for the past six years. While under litigation, the courts allowed the businesses to continue as usual.

Lirot stood before the commission Thursday to ask for relief for his client, the DaVinci’s Portrait topless lounge at 105 West Cortez Rd. “The reason we litigate is these cases are a death knell for my client’s business.”

His plea: “Don’t take away their alcoholic beverage license.” Lirot represents GT Management, which runs the lounge.

The owner of the land where the lounge is located sent its lawyer, too.

Thomas Little said he was “concerned about the potential loss of a tenant, without the ability to sell alcohol.” Little said he hoped the commission would “grandfather” DaVinci’s. Little represents Fort Chaffee Rangers LLC, which rents the property to GT Management.

“Six years later, he’s lost on every single issue in appeals up to and including the U.S. Supreme Court,” said Jim Minix, Manatee’s chief deputy county attorney. “Now he wants further changes and repeal. It’s simply lawyer talk.”

“As of this date, his clients have not conformed with the 2005 ordinance, which is now subject to code compliance action,” said Minix.

County Commissioner Carol Whitmore noted, while the 2005 ordinance banned the sale of alcohol at sexually oriented businesses, it was only able to regulate “conduct.”

The 2012 ordinance amends the land-use code, allowing code enforcement officers to issue citations.

The 2012 ordinance passed unanimously. After the vote, Lirot described the new ordinance as “putting bullets in the gun.”

He said code enforcement needed the new land development regulations before it could lawfully cite sexually oriented business for serving alcohol.

“We are fighting for our life,” said Lirot. “And I’m confident we’ll be back in court.”