Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Cosmetic Store Adult Materials topic
No spam. Unsubscribe anytime.
Board amends draft to allow "personal massagers" in limited retail area, forwards ordinance to commission
Summary
After extended debate about minors, visibility and definition, the Planning Board approved forwarding a text amendment that will allow a cosmetic store in a commercial district to sell limited personal massagers (capped percentage of floor area) under restrictions.
The Miami Beach Planning Board on April 8 voted to forward to the City Commission a text amendment carving out a narrow exception that would permit limited sales of certain personal-massager devices in cosmetic retail stores in commercial districts.
Staff opened the item by reviewing the current distance-separation rules for adult material: adult-material retailers are currently prohibited within 300 feet of residential zoning and certain uses, and within 1,000 feet of another adult-entertainment establishment. The proposed amendment would create a tailored exemption for cosmetic stores located in commercial districts where adult material constitutes a small portion of floor area.
Staff recommended a tighter limit than the draft: "The ordinance that's drafted includes a limitation of 20% of the floor area. We're recommending that that be lowered to no more than 10% of the floor area and not exceed total area of 100 square feet to ensure that this would be primarily a cosmetic store," staff said. Company representatives and outside counsel said the firm's products are legitimate cosmetic-technology goods and that a 10% or 100-square-foot cap would make the proposed Lincoln Road location infeasible.
Ian Bacheco (Acreman Law), representing EIS Inc. (the prospective retailer), described the product line and sought a 20% allowance: "They're not pornographic... it's not something that they're selling on the side of the road trying to make more money... 80% of their store is cosmetic products and cosmetic tech, but they do have this and they wanna be able to have it in the store." Board members focused on two questions: (1) whether the adult-material definition should be narrowed for this circumstance, and (2) how to ensure materials are not visible to minors.
After discussion the board approved an amendment to the draft: the exception will apply to "personal massagers" (a narrower category than the city's broader "adult material" definition), sold only in cosmetic stores in commercial districts, subject to the percentage/visibility restrictions the board adopted. The board adopted a motion that included limiting language and transmission to the City Commission with a favorable recommendation.
The board clarified enforcement expectations: materials shall not be displayed in a manner visible to minors and stores cannot knowingly sell to minors. Staff will draft recital language explaining the carve-out and the public-safety rationale before referral to the Commission.
The City Commission will receive the amended text and accompanying staff analysis for final consideration.
