An adult boutique that made a splash by opening in downtown Salt Lake City is moving to a new address — one block from a public elementary school.

Parents and neighbors say the Blue Boutique isn't welcome so close to Jackson Elementary, 750 W. 200 North, but they may have little legal recourse to stop the shop from opening. If legal challenges to zoning rules fail, residents vow they may decide to picket until the store closes.

"We might have to go to some other recourse to try and get them to leave," Fairpark Community Council chairwoman Jilene Whitby said of the store near 800 West on North Temple. "And I don't know of another recourse besides picketing. I'm serious."

Besides hawking such adult goods as videos, lingerie and sexual paraphernalia, the store's door and display windows look over a crosswalk that dozens of schoolchildren use to travel to and from school.

While it's unknown what displays the boutique might use at its new location, when it was located at 165 S. West Temple it often displayed large pictorials of women in lingerie. The Deseret Morning News contacted boutique owner Tony Martinez Monday. Martinez said he was aware of the concerns, but his phone then disconnected and he did not return a call back.

Under Salt Lake City ordinance, the boutique hasn't been considered a sexually oriented business because less than 15 percent of its shelf space is designated for adult goods such as videos, magazines and toys. The majority of the store is designated for lingerie, shoes, jewelry and other accessories that are not considered "adult" by city ordinance.

"If they have less than 15 percent of their floor area devoted to adult goods and it is also screened from view, then they're considered a retail sales outlet just like any store," said Larry Butcher, the city's development review administrator.

The boutique filed for a business license at the new location on Feb. 7, but it has not been approved yet, Butcher said. Before gaining approval, a city inspector will have to examine the store's floor plan and determine that less than 15 percent of the store's good are classified as adult. Otherwise the boutique would be considered a sexually oriented business and wouldn't be allowed to open, Butcher said.

However, two other Blue Boutique stores in Salt Lake City haven't been deemed to be sexually oriented businesses.

Upset parents plan to meet Wednesday at 6:30 p.m. at Jackson Elementary to discuss the issue.

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Principal Shawna Wilde said people are tired of the Fairpark neighborhood being "the garbage can of the city."

"This community a few years ago fought hard to get the liquor store moved and then have fought hard to get prostitutes out of the area, and they fight every day to get drug dealers away from the school," Wilde said. "If they weren't on a crosswalk where my kids cross the street every morning and afternoon, it might be different."

Wilde said the crosswalk is well-used and the school positions a crossing guard there before and after school.


E-mail: bsnyder@desnews.com

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