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DERBY — The police chief wants the city’s sole adults-only business shut down, but the shop is battling to stay open.

The Love Shack, at 1 New Haven Ave., advertises DVDs, magazines, novelties, lingerie and shoes.

Police Chief Eugene Mascolo sent a letter to the store last month denying the business a license because it is located within 250 feet of a residential zone, and within 1,500 feet of a private school.

Mascolo’s letter advises the store to cease operations “effective immediately,” but the store remains open.

Daniel A. Silver of New Britain, a lawyer for the Love Shack, said a hearing on the appeal will be held at the end of September. No date has been set.

Aldermanic President Kenneth Hughes said the hearing was originally scheduled for next week, but had to be postponed.

Frank Rosa, a representative for Beyond Distributors, which operates the Love Shack, said there have been many problems with how the city has dealt with the business, adding that there is a federal lawsuit in progress.

An adult store ordinance requires an FBI check on those applying for a permit to open. When the FBI check took longer than expected, the store took the city to court. The store was allowed to open in June while the background check was in progress.

In May, the Board of Aldermen approved new restrictions on adult-oriented businesses that limit where they can be located.

After the Love Shack opened a few weeks later in June, Building Official David Kopjanski sent a memo to Mascolo notifying him that the Love Shack is about 175 feet from a residence at 16 Gilbert St. and about 1,200 feet from the St. Michael’s-St. Mary’s School.

Hughes said there were no regulations in place for adults-only businesses until recently.

Once the city updated regulations pertaining to adult businesses, it made sense to strengthen the regulations when a Supreme Court ruling gave town councils the authority to restrict where sexually-oriented businesses could locate, Hughes said.

He noted that the timing of the new regulations, which limit distances from residential areas and business, had to do with the Supreme Court case, not the Love Shack’s move to Derby.

As for the appeal, Hughes said the regulations were approved before the business came to Derby, and the business violates the ordinance.

“It was our intention to regulate these businesses before they (the Love Shack) came in,” Hughes said.

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