John’s and was basing the denial letter solely on information obtained from the Malin.įollowing the conclusion of the hearing the Malin performed a follow-up inspection of Dr. The chief financial officer testified that he never inspected Dr. She further stated that several of the lingerie and novelty items could be found at similar retail stores, like Victoria’s Secret and Spencer Gifts. John’s testified that at no point in time has the City of Davenport required the store obtain an adult entertainment business license. John’s was an “adult store.” He did not make any square footage measurements or county any inventory. The inspector testified that by his observations Dr. The city called one witness, an inspector, at the administrative appeal. Line filed objections to Malin acting as the hearing officer and moved that he recuse or disqualify himself, but the objections were denied. Line appealed under city administrative procedures that provided for the city administrator (Malin) to act as the hearings officer.
The chorus line davenport code#
Line’s adult cabaret license as violating the Davenport Municipal Code section prohibiting two adult entertainment businesses from being located on the same lot or within 500 feet of each other. John’s advertising and merchandise, a letter – under the signature of the city’s chief financial officer – was issued denying C. Line application, and after observing Dr. Malin, the Davenport city administrator, performed a site inspection for the C. John’s sells lingerie, shoes, and hosiery as well as novelties, movies, and magazines of a sexual nature. John’s Lingerie Boutique opened in the same building, however, in August 2008 under a retail business license. Line was transferred to Nadeem Mazhar, who applied to the city for a license to reopen the adult cabaret business in the same location as before, based on the pre-existing nonconforming use stipulation in the consent decree. Line voluntarily closed Chorus Line, and the business was evicted from its location by a forcible entry and detainer petition granted in favor of the landlord. Line to be a pre-existing nonconforming use. Line without loss of the license, and declared C.
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This lawsuit was resolved in August 2004 when the parties entered into a consent decree that issued a license to C. Line filed a petition in federal court claiming the ordinance was unconstitutional. Line opened an adult cabaret business in Davenport called “Chorus Line.” In 2001, the City adopted an ordinance providing for the licensing and regulation of “adult entertainment” businesses. (Iowa Court of Appeals, December 7, 2011)