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VIDEO LIQUIDATORS RECEIVE HARRASSMENT, CUSTOMERS JAILED FOR PREVIEW BOOTHS BY CITY
By: Paul Goldberg, Staff Writer - 11-09-09 - 9:00 a.m. PDT
The Zoning Board of Appeals has agreed to permit Video Liquidators to have video preview booths, just not as many as the owners had wanted to have available for their customers.
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The decision comes as a result of negotiations between the board and attorney Daniel Silver, who represents Dave Moon, owner of Video Liquidators at 2259 State St. Early this year, back on March 18, Zoning Enforcement Officer Holly Masi notified the owner of Video Liquidators, Mr. Moon, that he had 72 hours to remove the nine booths that had been installed at the beginning of the year, or face fines of $150 a day because the booths violated zoning regulations.
The enforcement action went on hold after Silver filed an appeal. On Thursday night, the ZBA rejected the appeal, but agreed that if the number of viewing booths were reduced to four, it would be “acceptable as an intensification of use, and the owner’s representative indicated that would work,” Assistant Town Planner Daniel W. Kops Jr. stated Friday.
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"I think it’s a win for us,” said Moon. He said he would be in touch with town officials next week about how much time he has to remove the other five booths in his store. “We’ve already shut down the five booths,” he said Friday.
Silver had argued before the ZBA that the booths are an “intensification” of the use, not an expansion of the business. He had said that under state law, the intensification of a non-conforming use was valid. He also said the booths are a marketing tool for adult DVDs. Attorny Timothy J. Lee, who represents the ZBA, said it was determined that having four booths was an intensification and modernization of the store’s use, and not an expansion of the use.
The decision was based on a state Supreme Court case that determined video preview booths are a customary part of adult book stores because of their relationship to the sale of adult videos. The case pitted the town of North Haven against Dennis Loring, who wanted to open an adult video store with preview booths there. Silver represented Loring. Despite the ruling, the store has not yet been allowed to open for business.. Silver could not be reached for comment by the time this story was published.
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During a recent hearing, the ZBA asked Silver how many customers did Video Liquidators have and on an average day how many hours a day was store open for business?
“Four video booths seemed to bear a reasonable relationship to the amount of customers purchasing videos at the store” at any given time, Lee said.
Video Liquidators is a pre-existing, nonconforming use that has operated since 1992. It opened before the town had zoning regulations on adult entertainment establishments. Now, adult entertainment stores only allowed in manufacturing zones by special permit and site plans.
Moon had complained of harassment this summer after it became known that a resolution was being arranged with the town. His 2008 Lincoln Zephyr was extensively scratched, and he said he had received derogatory phone calls.
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In fact, Arrests were made at one of the Video Liquidators locations....of two men who were charged with lewd contact on the premises of Video Liquidators. The bond amounts for Allison and Tondre has been set. The investigation was prompted after authorities received several complaints about lewd behavior at the theater, Petrutsas said.
JRL would like to know why are video stores still receiving harassment from authorities. It's not like we are living 20 years ago in the past. This is the 21st century. The area of where Video Liquidators are located is very remote and shouldn't be harassed simply because they have preview booths in their stores.
Customers shouldn't be harassed simply for visiting the stores. Hopefully this type of harassment doesn't start a chain reaction nation. JRL will keep you up to date as this case continues. However, we have learned that the city has allowed Video Liquidators to have four preview booths only.
Here are Video Liquidators' locations:
VIDEO LIQUIDATORS
INTERSTATE 91 NORTH
EXIT 5
2 MILES ON RIGHT
1/2 MILE NORTH OF DMV
(NEXT TO STEREO STATION)
VIDEO LIQUIDATORS
INTERSTATE 91SOUTH
EXIT 10
ON THE CONNECTOR
GET OFF EXIT 1
BOTTOM OF RAMP
TAKE A RIGHT
TAKE ANOTHER RIGHT ON STATE STREET
3 MILES ON LEFT
(NEXT TO STEREO STATION)
VIDEO LIQUIDATORS
MERRIT PKWY HEADING NORTH
EXIT 62
BOTTOM OF RAMP
TAKE A LEFT
TAKE RIGHT ON STATE STREET
3 MILES ON LEFT
(NEXT TO STEREO STATION)
AND
VIDEO LIQUIDATORS
MERRIT PKWY HEADING SOUTH
EXIT 63
Turn SLIGHT RIGHT onto COLONIAL DR
Turn LEFT onto HARTFORD TURNPIKE..
Turn LEFT onto BISHOP ST / CT-22.
TAKE RIGHT ON STATE STREET
3 MILES ON LEFT
(NEXT TO STEREO STATION)
