MARTINSBURG, W. VA — While it may be true that anything goes in Berkeley, CA, such is certainly not the case in Berkeley County W. VA, where an adult entertainment zoning ordinance has officially guaranteed that the area will remain as un-exotic as possible.As of today, the residents of Berkeley County are secure in the knowledge that not only will no new strip club or other form of “exotic entertainment” open up in their area, but those already in existence can’t expand or transfer their licenses to new ownership.
A slightly modified version of a 2004 ordinance declared unconstitutional last year by a circuit judge, the new version of the law was passed last Thursday by a unanimous vote of the Berkeley County Commission.
Although the law will not force any of the eight currently operating dance clubs to close, it could make it impossible for them to complete “transfer of ownership or control” or retain their liquor or business licenses and retain their current grandfather exemptions.
If the owner of a pre-existing business were to die, the grandfather exemption would likely remain in the event of a transfer of ownership bequest, however.
Likewise, businesses now in operation that experience damage by fire or other “unforeseen act” would be allowed to rebuild, but not to expand beyond what existed at the time of the damage. In fact, the ordinance states that such a venue can only replace what has been lost with construction which is “reasonably similar, or smaller, in size as measured in square footage.”
Clubs may not locate within 2,000 feet of a church, school, public recreation area, hotel/motel, another adult business or “a primary residential area.”
Adult bookstores, novelty shops and related businesses are not governed by the new ordinance unless there is nudity or semi-nudity within its walls.
“Exotic entertainment” within W. VA is not defined as “live entertainment, dancing or other services conducted by persons while nude or seminude in a commercial setting or for profit.”
