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Store manager Dennis Haynes told the Rome News-Tribune his store keeps the percentage of X-rated merchandise below that level.In Rome, Ga., city officials have said they can do nothing to ban The Love Library, an adult-themed novelty store that opened several months ago.Floyd County has an ordinance similar to Chattanooga's, stating that a store is an adult business and subject to additional regulations if 35 percent or more of its merchandise is adult oriented.Signs on the outside of the store advertise DVDs and lingerie, but there is no mention of X-rated material.
Attorneys for the Love Shack told the city attorney's office that most of the store's sales are for non-adult items, primarily women's clothing.
The store's business license is for a women's apparel store, Smith said.
"We had 20 to 30 people at a meeting and they were up in arms," Smith said.
"This is within 500 feet of a church and residences, and it is not allowed." The city's code follows the definition of an adult business established by the state — that if one-third of a business' inventory or sales is adult oriented, the store must comply with special zoning restrictions that bar such businesses within 500 feet of churches, schools or residences.
The business sells enough smoking paraphernalia, women's clothing and other items that only about 22 percent of its retail value is from adult-oriented merchandise, Noblett said.
The store sent the city a spreadsheet stating that out of 9,487 items at the Love Shack, only 2,108 were adult themed, he said.