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"We had 20 to 30 people at a meeting and they were up in arms," Smith said."This is within 500 feet of a church and residences, and it is not allowed." The city's code follows the definition of an adult business established by the state — that if one-third of a business' inventory or sales is adult oriented, the store must comply with special zoning restrictions that bar such businesses within 500 feet of churches, schools or residences.
The store's business license is for a women's apparel store, Smith said.
Signs on the outside of the store advertise DVDs and lingerie, but there is no mention of X-rated material.
Chattanooga is not the only area town stumped by how to regulate businesses such as the Love Shack, which has boxes of blow-up sex dolls, including Barack Obama and Hillary Clinton, on a back wall.
In Rome, Ga., city officials have said they can do nothing to ban The Love Library, an adult-themed novelty store that opened several months ago.
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The owner of the Love Shack on Highway 58 is fighting the city's attempts to force him to move, claiming that despite selling sex toys, X-rated DVDs and magazines, most of what he sells is women's clothing.
Several nearby residents have complained to Chattanooga Councilman Ken Smith, who represents the area, about the store, which advertises on a large billboard above the premises and on the side of a large box truck parked out front.
"The Love Shack is a fully licensed lingerie and romance specialty store in full compliance" with city ordinances, the store's attorneys stated in a letter to the city attorney's office, according to Deputy City Attorney Phillip Noblett.
"They say they have defined the merchandise they sell as not being adult, erotic, sensual or pornographic," Noblett told the council recently.
The business sells enough smoking paraphernalia, women's clothing and other items that only about 22 percent of its retail value is from adult-oriented merchandise, Noblett said.
The store sent the city a spreadsheet stating that out of 9,487 items at the Love Shack, only 2,108 were adult themed, he said.