Lawyers: Topless Bar Proposal Exempt from Moratorium on Sexually-Oriented Businesses

While residents will gather at Windsor Locks town hall Thursday night to voice their opposition or support for a potential moratorium on businesses providing adult entertainment in town, the temporary prohibition of such businesses may not have an effect on Pool Table Magic owner Mark Kulungian’s attempts to turn his Ella Grasso Turnpike outfit into a topless bar.

“This moratorium has no effect on my client,” Daniel Silver, Kulungian’s attorney, said by phone Wednesday. “A moratorium would only affect applications submitted after the moratorium is put in place.”

Because Kulungian’s application was submitted and officially received by the town Planning and Zoning Commission at Tuesday’s meeting, Kulungian’s proposed would essentially be grandfathered in and allowed to conduct business provided commission members find the proposal in compliance with zoning regulations.

Scott Storms, attorney for the town of Windsor Locks, echoed Silver’s statement Wednesday, but cautioned that Kulungian’s business would not be impervious to action taken by the town.

According to Storms, placing a moratorium on sexually-oriented business in town would allow the town to review relevant regulations without having new applications come in.

“It’s much like the moratorium on liquor licenses,” Storms said.

In 2012, the planning and zoning commission .

The commission is looking to do the same thing with adult-oriented businesses, Storms said, adding that the town “doesn’t really have regulations specific to this type of business.” The moratorium, according to Storms, will allow town officials to draft a new ordinance or make changes to existing regulations.

Storms added that while Kulungian’s application would not be affected by the moratorium, his business would be subject to the changes the commission or town make to ordinances. As far as restrictions or regulations imposed by the town, Storms said, a business won’t be grandfathered in.

Town regulations regarding adult-oriented establishments were adopted following a Feb. 9, 1993 town meeting. The adopted regulations established “reasonable regulations and supervision of adult-oriented establishments... to promote the health, safety and welfare of patrons, clients and customers.

Among the regulations laid out in the ordinance are the requirements of having the building “well-lighted at all times,” all areas where adult entertainment is performed “must be visible from common areas on premises,” and areas where performances take place must not be blocked by doors, curtains or partitions.

Additionally, the ordinance states such businesses are subject to inspection by Windsor Locks Police or hired inspectors at all times, and the business cannot be within 1,000 feet of an existing adult-oriented establishment, playground, or area reserved for public recreational use.

The current punishment for each individual violation of the ordinance is a fine of $100.

A public hearing on the establishment of a moratorium on sexually-oriented businesses will be held Thursday night in town hall’s Ella Grasso conference room. The hearing will begin at 7 p.m.