Moratorium affects bikini barista, marijuana businesses

Council unanimously approves new ordinance.

The Ocean Shores City Council voted unanimously Monday in a special meeting to enact a new ordinance that immediately imposes a six-month temporary moratorium that would prevent a bikini barista business or a “sexually oriented business” from operating within areas zoned for retail or commercial establishments.

The ordinance, which also extends to new marijuana businesses wanting to operate in the city, was drawn up by Mayor Crystal Dingler in response to a City Council request April 10 to begin looking at ways to head off a potential bikini barista business from opening. The city currently has an existing marijuana moratorium in place that also has been the subject of a Planning Commission review.

“These are only together because we came upon them at the same time, and it’s much less expensive and much less work to do both of them in one moratorium as opposed to two separate ones,” Dingler said.

The mayor told the council a national company has inquired about an Ocean Shores location for the city’s first bikini barista business, and asked what hours they would be allowed to operate.

The city already has one marijuana business, Have a Heart, operating on Ocean Shores Boulevard, and the state has authorized a second such license for another similar business to operate within the city.

“The city of Ocean Shores has been talking about marijuana for some time,” the mayor said. “One of the concerns is we have the opportunity to put certain zoning regulations in effect having to do with where marijuana stores are sited.”

The new ordinance imposes a moratorium upon applications for permits and “for the establishment, operation, relocation, and/or maintenance of certain land uses with the B-1 (retail/commercial) and B-2 (general commercial) zoning districts.”

“The City Council desires that the retail sale of marijuana, and sexually oriented business uses not be expanded, increased, or relocated within the B-1 and/or B1 zoning districts until the City Council has received, reviewed and made decisions on which of these uses should remain permitted and which should be removed as allowed uses,” the ordinance states.

A public hearing on the issue will be held May 22 at the Ocean Shores Convention Center.

In support of the moratorium on such establishments, the proposal to the council states that bikini barista businesses can be used as veiled fronts for sexually explicit activity, and the city of Ocean Shores “may rely on the experiences and studies of other cities and organizations in assessing the need for regulation.”

“Other cities have found that sexually oriented/adult retail and entertainment facilities have been associated with prostitution, disruptive conduct, criminal activity or other secondary land use impacts that threaten the quality of life in commercial and residential neighborhoods, and generally may constitute a threat to the public health, safety and welfare. “

Dingler said it’s important for the city “to contemplate these things that could happen” to respond by “getting out ahead of it.”

“In reading what other cities are going through, it is a can of worms,” she said of the issues posed by both bikini barista and marijuana businesses.

Most citizens at the meeting spoke in favor the ordinance, particularly in regards to a possible bikini barista business opening.

“I think a bikini barista would be inappropriate for what Ocean Shores stands for,” said Sunni Ash. “I don’t think it’s a good business to bring in because we’re really in a family-orientated environment.”