Update Regarding Hustler Hollywood Locating Near Bishop Kelley

Update posted on 7/16/2018

 

Dear Bishop Kelley Community, 

 

Last Wednesday evening City Councilor Karen Gilbert provided a welcome update on Hustler Hollywood’s efforts to open a store at 6321 E. 41st Street near Bishop Kelley High School.  The meeting, held at Bishop Kelley High School, was attended by Doug Thomas and me on behalf of BKHS and also by representatives of several businesses in the vicinity.  Councilor Gilbert began her presentation by explaining that the matter has not come before the City Council because no zoning change is required for Hustler Hollywood to open its store.  Thus far Hustler Hollywood has only submitted to the City applications for permits to enable Hustler Hollywood to prepare the building for its use.  

When the improvements to the building are completed, Hustler Hollywood must apply for a certificate of occupancy, at which time the City will inspect the premises to determine if it constitutes a sexual oriented business under the Tulsa City Ordinances.  A sexual oriented business, as it may apply to Hustler Hollywood, can be either an Adult Bookstore or an Adult Entertainment facility, again, as those terms are defined in Chapter 35, Section 35.050-N of the Tulsa City Ordinances.  If the business is determined by the City to be a sexual oriented business, it will not, without obtaining a special exception from the Board of Adjustments, be issued a certificate of occupancy because it is located within 1,000 feet of Bishop Kelley High School.  Inspections are performed by the Tulsa Fire Department.  Even if a certificate of occupancy is initially issued, the City will conduct subsequent inspections to determine whether the business falls within the definition of a sexually oriented business.  Subsequent inspections will also be made if complaints about the business are lodged with the City through the 311 System, the Mayor’s Action Line, or by notifying a City Councilor.  

Time will tell whether a certificate of occupancy is issued to Hustler Hollywood.  If it is, then it will be incumbent upon someone to periodically inspect the store to see if the products it offers and materials it displays render it a sexually oriented business.  If so, we should then lodge complaints with the City.  In the meantime, there is no need to contact either Mayor Bynum or Councilor Gilbert, as it appears that the City is doing what it can to ensure that Hustler Hollywood complies with the process established in the applicable City Ordinances.         

 

Yours in Christ,

Rev. Gary Kastl

President

Bishop Kelley High School

 

 

 

Original Story posted on 7/6/2018

 

We have learned that an adult oriented bookstore and entertainment venue called Hustler Hollywood has contracted to either rent or purchase the empty building on the north side of 41st Street adjacent to the I-44 eastbound entrance ramp. The Board and Administration of Bishop Kelley High School believes this business should not be permitted to operate in the vicinity of the School. 

 

Under Tulsa’s zoning code, Hustler Hollywood is required to obtain a permit from the City of Tulsa’s building permits office. If it meets the criteria to be categorized as an adult entertainment or sexually oriented business, it would be prohibited from doing business within 1,000 feet of Bishop Kelley High School. As you may see in the image above, which was taken from the parking lot of the business site, Bishop Kelley is well within that 1,000 ft. restriction outlined by city code. If the City determines the business meets the threshold quantity of product display area to be legally categorized as an adult entertainment or sexually oriented business, the City will require the business to obtain a certification from the City’s Board of Adjustment that it is not located within 1,000 feet of several different use categories, such as schools. We believe the location it has chosen is within 1,000 feet of BKHS. However, we suspect Hustler Hollywood may be attempting to circumvent this distance-separation requirement by working to convince the City’s building permits office that such a certification is not necessary based upon what the business represents will be a minimal amount of sexually oriented products that will be offered, below the requisite threshold. 

 

But once the store or adult entertainment facility is open for business, it could then change its product mix to increase the amount of sexually oriented products available for sale, and then vigorously litigate any attempt by the City to cite a violation of the zoning code provisions and close the store.

 

The most effective way to challenge the opening of this business is to voice our concerns to Mayor G. T. Bynum, and the City Councilor, Karen Gilbert, in whose district (Five) the business is located. The decision right now rests in the City’s hands. The best way to keep this business from opening is to contact both Mayor Bynum and Councilor Gilbert who are working with the police and fire departments, city legal, and other officials to get this business designated as a sexually-oriented business.

 

In the event the City’s building permits office determines that Hustler Hollywood qualifies as an adult entertainment or sexually oriented business and requires the distance-separation certificate from the Board of Adjustment (which will be a prerequisite to the grant of the permit), then Bishop Kelley High School will receive notice of Hustler Hollywood’s request for the certification. Bishop Kelley High School may then lodge a protest with the Board of Adjustment, hire a survey company to verify that the proposed business is actually located within 1,000 feet of Bishop Kelley High School property, and appear at a hearing before the Board of Adjustment. Appeals from a decision by the Board of Adjustment goes directly to the Tulsa County District Court. 

 

In the event it is necessary to hire an attorney to challenge Hustler Hollywood’s attempt to obtain a permit, we may want to see if some of the business owners in the area would like to participate and share in the cost of the legal fees. If you know any of the business owners in the vicinity or are willing to contact the Mayor or City Councilor Karen Gilbert, please contact me so that we may coordinate our efforts. Here are their e-mail addresses for your use:

 

Mayor G.T. Bynum:  

Karen Gilbert:  

 

Yours in Christ,

Rev. Gary Kastl

President

Bishop Kelley High School