Exotic dancers are still strutting their stuff on stage at the Crazy Goat Saloon while confusion surrounds legal questions regarding the club's sexually oriented business license.
Salt Lake City Attorney Ed Rutan told the Deseret Morning News Friday that the club's sexually oriented business license had been revoked following a decision by a hearing examiner and that the saloon's owner could not take the matter up with the mayor.
But he acknowledged Saturday that isn't the case after complaints by saloon co-owner and attorney Daniel Darger regarding a story in Saturday's Deseret Morning News.
"That was a mistake on my part," Rutan said.
Rutan corrected his misstatement Saturday, saying that Darger is allowed to challenge the hearing examiner's conclusion and bring the issue to Salt Lake City Mayor Rocky Anderson for a decision.
Rutan said he and Darger disagree on whether the saloon's sexually oriented business license should still be in place in the meantime. Darger insists the license must stay put — and the regularly scheduled exotic dancing entertainment continues at the Goat.
"The question is not clear whether the decision the hearing examiner issued takes effect during a review by the mayor or does not," Rutan said.
Hearing examiner John Cawley released a four-page recommendation Friday stating that the Goat's sexually oriented business license should be revoked because a stage used for striptease entertainment in a west room in the basement is too close to the West Temple Gateway Corridor.
City ordinances forbid sexually oriented businesses from being located within certain distances of various protected land uses such as churches, schools or gateway corridors, which are the main avenues people use to get into the city.
The downstairs stage at the Goat is within 165 feet of the gateway corridor, while an upstairs stage used for exotic dancing is 171 feet away. Rutan previously said that the club could retain its sexually oriented business license if it stopped using the basement stage.
The Goat's private club license remains in place, so no matter what happens, the facility can still offer patrons alcoholic drinks and music.
Darger insists that Rutan confused two ordinances that govern nightspots and that the specific language in the city's sexually oriented business ordinance permits his club to continue offering exotic dancing while he protests the hearing examiner's findings to the mayor.
Darger said in an interview Saturday that one ordinance involves holding a hearing after a license has already been revoked, while another ordinance permits the city to hold a hearing to see whether or not a license should be revoked — which is the one he says applies to the Goat.
The Crazy Goat, originally named the Dead Goat Saloon before it began offering striptease entertainment, is also embroiled in a lawsuit in 3rd District Court.
Property Reserve Inc., the real estate arm of The Church of Jesus Christ of Latter-day Saints, has sued Salt Lake City and asked the court to overturn the Board of Adjustment's decision granting the Goat's sexually oriented business license in the first place. The Souvenir Stop in the ZCMI Center also is part of the suit.
Third District Judge Denise Lindberg has set June 9 for a court hearing on that lawsuit.
Darger has said he is considering taking action in federal court. He previously has stated the LDS Church, Salt Lake City and other entities are violating the Goat's civil rights as set forth under the Federal Civil Rights Act.
He claims the organizations and assorted individuals are attempting to destroy the club's constitutionally protected rights to free speech and equal protection under the law. Darger further contends the groups have conspired to interfere with the club's lease, hurt it financially, tried to take property rights and put the nightspot out of business.
Deeda Seed, spokeswoman for the mayor, said Saturday that Anderson could not comment now on the Goat's license because the club's owners have not formally put the matter to him. "He will review it when it's presented to him," Seed said.
E-mail: lindat@desnews.com