TD's Showclubs

Albuquerque Journal (NM) - June 14, 2000 ALL-NUDE CLUB OPENS MONDAY City Zoning Panel Expected Restaurant

When the city of Albuquerque approved a zoning change for a property on Jefferson NE last fall, it envisioned a new restaurant opening there something along the lines of Landry's Seafood House, which is right across the street. But what's coming instead is the city's second all-nude dance club, along with a shop that sells sex toys, a video arcade and a theater. And the public never got a chance to have a say in the matter. "It's a combination of every adult amusement possibility you (can) have in Albuquerque," city zoning enforcement manager Robert Romero said of Fantasy World, which is to open Monday. The business, which also touts itself as an "adult mall," is co-owned by Ray Woodruff, who is part owner

in both TD's topless bars in Albuquerque. Because Fantasy World will have all-nude dancing, it cannot serve alcohol under state law. Woodruff said Tuesday he did not wish to comment for this story. The zoning change that allowed a business like Fantasy World to open its doors at 5000 Jefferson NE near Interstate 25 was approved by the city Environmental Planning Commission in September. The new commercial zoning designation allows adult-amusement businesses as well as restaurants. But a 1999 letter to the city outlining the reasons for the zoning-change request speaks of a possible restaurant and bar and makes no mention of a one-stop sex store, arcade and dance club. The letter was written on behalf of the former owner, K.M. Interests. Chuck Monroe, a co-owner of K.M Interests, said Tuesday the property was sold in February and he had no idea at the time he requested the zoning change that an all-nude club would one day set up shop there. The current chairman of the Environmental Planning Commission, Chuck Gara, said he doubts he would have voted to OK the change had he known what was coming. "Do I condone those types of uses? No," Gara said Tuesday. "What I envisioned... was a continuation of the restaurant row that's already there." Some restaurants in the area are taking a wait-and-see approach to their new neighbor. But at least one owner apparently has already formed an opinion. Brandon Higgins, a manager at Carrabba's Italian Grill, said the owner is "not very pleased" about the all-nude club. "It's a restaurant area," Higgins added, and the club "does not blend with the surroundings." Fantasy World apparently will also have to contend with a 1994 city law that was passed a few days before Albuquerque's only other all-nude club, The Ice House on First NW, opened. The public indecency ordinance requires performers to wear some clothing, such as G-strings and pasties. But the ordinance states that rule does not apply to "forms of expression and the communications of ideas, such as theatrical appearances..." And the Ice House, at the time of its opening, seized on that exception. Albuquerque Police Department Detective John Walsh said the department's Special Investigations Division, which evaluates all adult businesses in the city, will be making a visit to Fantasy World to make sure no laws are being violated. According to city records, K.M. Interests applied in late July to change the zoning from manufacturing to commercial. The property was once the home of Santa Fe Junction, a restaurant that served liquor. But a letter written to the city on behalf of K.M. said such a usage required a conditional-use permit in the manufacturing zone, and changing the zoning to commercial would "alleviate the need for seeking conditional use approvals." The letter said K.M. Interests had the opportunity "to sell the property to a buyer whose eventual plans are to upgrade the property keeping the restaurant/bar usage with potential additional retail/service uses." It makes no mention of any adult business. The city planning department recommended that the Environmental Planning Commission approve the zoning change. A planning staff report said other zoning changes in the area allowed restaurants such as Landry's and Carrabba's into the area and "this is exactly the intention of the current applicant." The commission voted unanimously in favor of the change Sept. 16. No one spoke in opposition, and the commission found that approving it was "advantageous to the community, because it will facilitate redevelopment of the property." Monroe said Tuesday he had been negotiating with an Arizona company last year, and that deal — which included plans for a restaurant and bar — "fell through." Following that, "I had no idea who was going to end up with the property," Monroe said. Romero said once a zone change has been approved for a site, all uses approved for that zone are allowed. He said businesses like Fantasy World are required to be 1,000 feet from any other adult outlet and 500 feet from any church, school or residential zone. Romero said the city received many complaints when The Ice House opened. But as of Monday, there hadn't been a single complaint about Fantasy World. "Not one call," he said. "It surprises us."

Albuquerque Journal (NM) - June 17, 2000 NUDE DANCE CLUB ANNOYS NEIGHBORS Many Are Resigned To Zoning Decision

Fantasy World is proving to be an unwanted reality for some neighboring residents and businesses.Located at 5000 Jefferson NE, near Interstate 25, Fantasy World will be the city's second all-nude dance club, complete with a sex toys shop, video arcade and theater. It is scheduled to open Monday.A zoning change approved by the city in September allows such a business to open at that location. But it has caught some people by surprise. "It's disgusting, as far as I'm concerned," said Karen Hinkle, a nearby resident who frequently drives past the location. The mother of two said she noticed what would open there only after a sign was recently displayed. "It didn't get to me until my kids asked me what it was," she said. Hinkle, who characterizes the business as "demeaning," said she plans to contact city officials to see if the business can be stopped from operating there. But she has doubts. "I don't think there's anything we can do because zoning approved it," she said. Fantasy World had little to say about the issue. "We're authorized to conduct our business, and we're going to conduct our business," Ray Woodruff, a Fantasy World co-owner, said Friday. "That's the only comment I have." Zoning officials have said that once a zone change has been approved for a site, all uses approved under that zone are allowed. "There's no recourse under the current ordinance," Jack Basye, city zoning enforcement supervisor, said Thursday. "This business meets all the restrictions and requirements for that location." Until earlier this week, no public complaints had been received about Fantasy World, he said. But that has changed. "A lot of people have called to express their concern," Basye said, estimating his office has gotten 15 to 20 phone calls. Most callers have voiced concerns about the type of business it is and its location, he said. At least one neighboring business isn't happy either. "I'm shocked that the city does not have any ordinance in place that would prohibit that (use) from occurring," said Steve Scheinthal, vice president of administration for Landry's Seafood House which is directly across the street. "I think it's a disgrace to the city of Albuquerque." Scheinthal, too, wasn't sure if anything can be done, but the company will look at its options, he said. Adelante Development Center Inc., a nonprofit company that provides employment and services for people with disabilities, has a site next to Fantasy World. "It's not our job to pass judgment on other businesses, (but) that's our packaging location and we sure want to have a businesslike environment where we are," said Mike Kivitz, Adelante's chief executive officer. "I think we'll wait and see what it's like." But, he added, "As a business area, it's not really the most desirable kind of neighbor to have." Kivitz said Adelante also didn't learn about who its new neighbor would be until the sign was displayed. Ed Carroll, proprietor of the nearby Outback Steakhouse, said adult establishments go against his personal beliefs and morals. But the issue isn't a priority with him, he said. He said he's more interested in ensuring the city provides the necessary roads and utilities to maintain growth and that it provides adequate funding for police. "I'm concerned more about those two issues than the place across the street," he said.