Gwinnett's ordinance defines an adult entertainment store as one where 10 square feet of its retail space is devoted to X-rated materials, or 5 percent of its revenue is earned through the sale of such merchandise. Circuit Court of Appeals has upheld Tennessee's "33 percent of inventory" rule, which is why Chattanooga adopted that standard, he said.Courts have ruled that cities cannot ban adult-oriented stores entirely, although they can limit where they can be located, Noblett said. While the city could adopt a new ordinance with a lower standard, it would risk a lengthy legal appeal.
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.
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