STURGIS -- The owner of Dick and Jane's Naughty Spot in Sturgis will appear in court at 8:30 a.m. on Sept. 28 after he was granted a continuance last week on five counts of failure to comply with the state's adult-oriented business law.
David Eliason, who opened Dick and Jane's at 1543 Lazelle St. on Aug. 2, has said his store's inventory doesn't meet the state's definition of an adult business.
Each count is a class one misdemeanor and carries a maximum penalty of a year in jail and a fine of $2,000.
In July 2010, Eliason wanted to open a store at 2611 Lazelle St., but the city denied him a retail occupancy permit, claiming that an adult-oriented business at that location violates state statute.
Eliason's 1543 Lazelle St. location already had a retail occupancy permit, which he claims is all he needs to open the business.
A Meade County grand jury, however, indicted Eliason for violating the state statue that prohibits an adult-oriented business from being within a quarter of a mile of "a child welfare agency, a private or public school, a public playground, a public recreation facility, a residence or a place of worship." Dick and Janes shares a parking lot with the Sturgis Community Center, is near private residences and is within a quarter mile of a church.
By Amanda Meade
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