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Posted on Mon, Aug 1, 2011 : 2:49 p.m.

Bongs & Thongs store in downtown Ann Arbor delayed after city officials raise questions

By Lizzy Alfs

782011_Bongs_And_Thongs.JPG

Bongs & Thongs was originally set to open by the end of July at 119 East Liberty Street in downtown Ann Arbor. Construction has been delayed due to zoning ordinances.

Lizzy Alfs | AnnArbor.com

(See previous story: Meet downtown Ann Arbor's newest retail destination: Bongs & Thongs)

Construction on a new downtown Ann Arbor shop called Bongs & Thongs has stopped after city officials questioned whether the city's zoning ordinances would prohibit the store from selling certain products.

A “Notice to Stop Work” sign was recently placed in the window of the store by the city of Ann Arbor. It cites “construction without valid permits” as the violation and requires that all construction work be stopped.

According to city documents, the store has been denied a re-occupation application for the 2,600-square-foot space, formerly occupied by Liberty Street Video.

“There’s a problem with the store’s zoning with the items they were planning on selling,” said Brad Ruppel, a development inspector at the city of Ann Arbor.

The store, which plans to sell adult novelties and "head shop" products, originally wanted to open by the Ann Arbor Art Fair on July 20. Storeowner Kilo Hassan signed a one-year lease for the space in June.

But city ordinances have delayed the store opening, said Hassan.

The city’s zoning ordinance does not allow the sale of “devices of simulated human genitals or devices designed for sexual stimulation” in the D1 District of downtown, according to city documents.

Hassan said he is reapplying for the license, and will not carry any of these products in the store. He said the adult novelties section of Bongs & Thongs inventory will include games, massage lotions and oils, body jewelry, party supplies, lubrication and beauty supplies.

The "head shop" section of the store will carry hookah products, hand-blown glass tobacco products, hose cleaners, decorations, incense and posters.

Hassan said he hopes to have a new inspection completed soon and have the store open within ten days.

“If all goes well, hopefully we’ll be open in a week to ten days,” he said.

The City of Ann Arbor's planning department could not be reached for comment regarding the status of the retailer.

Lizzy Alfs is a business reporter for AnnArbor.com. Reach her at 734-623-2584 or email her at lizzyalfs@annarbor.com. Follow her on Twitter at http://twitter.com/lizzyalfs.

Comments

jj

Sun, Aug 7, 2011 : 10:52 a.m.

Perhaps the city of Ann Arbor needs to shut down, They've been screwing us for years!

Obee

Thu, Aug 4, 2011 : 2:47 p.m.

I'm opening a business called Drugs & Jugs. Anyone want a franchise?

Morgan

Thu, Aug 4, 2011 : 12:23 p.m.

I don't get it. Those types of businesses really do not help create a nice environment to shop and bring a family with young children. I my view, they should be located in the outskirts of town. They do not need walk-in traffic!

just a voice

Wed, Aug 3, 2011 : 6:07 p.m.

call up the city, demand they close the safe sex shop right away!!!!!

Kyle Mulka

Tue, Aug 2, 2011 : 8:48 p.m.

It looks like the Safe Sex Store is also in a D1 zone. What's the difference? <a href="http://www.a2gov.org/government/communityservices/planninganddevelopment/planning/Documents/ZoningMaps/0928sw.pdf" rel='nofollow'>http://www.a2gov.org/government/communityservices/planninganddevelopment/planning/Documents/ZoningMaps/0928sw.pdf</a>

leaguebus

Tue, Aug 2, 2011 : 6:58 p.m.

I suggest Bongs and Things put out a couple of stands with sleep masks so the outraged parents can prevent their kids from seeing the store sign or looking in the window. Then the council should pass an ordinance that says any store with a suggestive name should have sleep masks available on the street for concerned parents. Problem solved. LOL

dogpaddle

Tue, Aug 2, 2011 : 3:33 p.m.

Good post, Clownfish! I agree. Furthermore, as someone else said, we can't always choose our neighbors. And if I were Kilwin's or whomever, I would rather have a rent-paying neighbor who is bringing more traffic and $$$ to downtown than an empty space which is ugly and doesn't invite pedestrians or drivers to want to stop. And I think Kilwin's business will increase after people go shopping next door then decide to stop in for ice cream or chocolate (which in some cases might complement purchases from next door nicely). Seriously, in these very sad economic times, why are we against an entrepreneur trying to enhance downtown. I totally understand some of you who are against this type of business for the obvious reasons, but walk on by. Don't go there. We need them right now. Scary times. Downtown should be diverse. Give them a chance. If this were Victoria's Secret and a Cigar Shop (that sells smoking products) would those of you opposing it still oppose it?

racerx

Tue, Aug 2, 2011 : 2:50 p.m.

Here we go again Ann Arbor. The &quot;possible&quot; attraction of the wrong element coming into Ann Arbor, the prudish city council will stop this business from opening. The store sounds pretty fun, original and possibly could have the chance to thrive. Guess we'll never know if it doesn't open.

Maxwell

Tue, Aug 2, 2011 : 1:53 p.m.

Ann Arbor - you are pathetic

clownfish

Tue, Aug 2, 2011 : 12:16 p.m.

A2 allowed Bank of America and Countrywide Financial to operate, those companies did worse damage to our society than any sex toy ever did.

a2citizen

Wed, Aug 3, 2011 : 5:05 a.m.

Well, they did basically the same thing to us as a sex toy does.

Peter

Tue, Aug 2, 2011 : 12:58 p.m.

They also paid a lot more for their senators. You get what you put in, and all...

John

Tue, Aug 2, 2011 : 9:44 a.m.

Is it coincidental that this happens right on the heels of today's City Council election? I really doubt it.

John A2

Tue, Aug 2, 2011 : 5:32 a.m.

This ordinance came in about 20 or more years ago to get rid of A2 red light district on fourth street.. Everyone thought it was illegal then and it should be now. The government should not be telling people what and where they can buy items. This had to do with the UofM ivy league. They didn't want there kids to have any fun while going to school. Shame on all of you who brought this travesty into play here.

Some Guy in 734

Tue, Aug 2, 2011 : 3:42 p.m.

Fourth Street is residential, John.

just a voice

Tue, Aug 2, 2011 : 5:02 a.m.

It's really sad to see people say that a store doesn't belong somewhere. Who are we to decide these things? I do feel bad for Kilwin's as they might not like the neighbor, but we don't get to choose these things. Looks like the city is holding them up using old laws for back when A2 had a red light district. While I don't care bout the store much, I do hope they are allowed to open and let the market decide if they belong there or not. They should sue the city to allow the adult items.

alternativeview99

Tue, Aug 2, 2011 : 4:16 a.m.

While everyone is discussing whether or not &quot;Bongs and Thongs&quot; should be able to open, am I the only one that finds a problem with this process? Bongs and Thongs has a right to understand whether or not they would meet zoning requirements BEFORE they purchased property or signed a lease or invested time in coming to Ann Arbor. Personnally, I don't want them in Ann Arbor. But, I recognize their right to appeal to citizens of Ann Arbor who might desire to purchase their products..... as long as it complies with our zoning laws. And, if we want to eliminate all these types of establishments from Ann Arbor....that is our right to do so....but do so as part of enacting clearly defined zoning ordinances....or whatever an EFM determines to be what is appropriate if we are determined to be a blighted district....or maybe we have been determined to be so.

ChunkyPastaSauce

Tue, Aug 2, 2011 : 3:49 a.m.

&quot;The city's zoning ordinance does not allow the sale of "devices of simulated human genitals or devices designed for sexual stimulation" in the D1 District of downtown, according to city documents.&quot; False, I believe. From the actual ordinance: e. &quot;Adult novelty business. A business which has as a principal activity the sale of devices of simulated human genitals or devices designed for sexual stimulation.&quot; Notice the ordinance specifically says: &quot;principle activity&quot;. The ordinance defines &quot;principle activity&quot;: i. &quot;Principal activity. A use accounting for more than 20% of a business' stock in trade, display space, floor space&quot; So I think as long as they are below 20% it should be ok.

ChunkyPastaSauce

Wed, Aug 3, 2011 : 4:09 a.m.

Dalex64: Yes, it does define it as an adult novelty business. If it is then it is an adult entertainment business. So if they stay at or below the 20% I believe they would not be restricted to locations like an adult entrainment business would be. From Ord. for reference: &quot;Adult entertainment business. One or a combination of more than 1 of the following types of businesses: adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult personal service business, adult novelty business, adult nightclub.&quot; &quot;Locations of adult entertainment businesses. An adult entertainment business may be located in the City only in accordance with the following restrictions: (a) No such business shall be located on a lot within 700 feet of a district which, pursuant to this chapter, has been classified R1A, R1B, R1C, R2A, R2B, R3, R4A, R4B, R4C, R4C/D, R4D, R6, Planned Unit Developments with residential uses, or land zoned residential in a township. (b) Such businesses shall only be located in a district classified pursuant to this chapter as M1 or M2. (c) No such business shall be established within 700 feet of another adult entertainment business.&quot;

Dalex64

Tue, Aug 2, 2011 : 4:15 p.m.

Doesn't that just define what an Adult Novelty Business is? if it sells less than 20% of that stuff, then it isn't an Adult Novelty Business.

townie54

Tue, Aug 2, 2011 : 3:08 a.m.

lets just put in another restaurant.We cant have retail downtown.Anyone else remember going downtown to shop?I'm in my 50's and everyone used to go Christmas shopping downtown because everything was there.It was lively.Redwing Shoes ,Fiegels, Sears,Woolworths,Grinnels and Apollo music,Stein and Goetz sports,Walkers Bakery etc.Used to be a big deal to eat at the counter at SS Kresge or Cunninghams.Wasnt many good restaurants though.Ate at the old german a lot

a2citizen

Wed, Aug 3, 2011 : 5:04 a.m.

And what did they do the rest of the year after 6pm?

rosy12

Tue, Aug 2, 2011 : 2:53 a.m.

Maybe he could take all the items he isn't allowed to sell, put them together as some sort of &quot;art project&quot; and sell them to the city for the new police-courts building lobby! Reuse, recycle! Now thats being green!

Jim Clarkson

Tue, Aug 2, 2011 : 2:35 a.m.

The name of the store in question is definitly a bad choice. But what happened to free enterprise and a free market. Sounds like the city is trying to regulate through harrasment.

Think!

Tue, Aug 2, 2011 : 2:30 a.m.

Does this mean we will have to go outside of Ann Arbor to purchase phallic shaped vegetables now?

Ron Granger

Tue, Aug 2, 2011 : 1:48 a.m.

I just heard Downtown Home and Garden is using this delay to change their name and get a jump on this explosive new Ann Arbor opportunity: Downtown Bong and Thong

Mr Blue

Tue, Aug 2, 2011 : 1:47 a.m.

It sounds like Mr Postema and Chief Jones are working behind the scenes the keep Ann Arbor nice and clean. First, death by committee of proposed dispensary ordinances and now quite possibly advising against legal retail businesses that they do not personally care for. This kind of governmental interference smacks of self righteous indignation from those who like to say they're all for rights of privacy except when it comes to sex, drugs and rock and roll.

jcj

Tue, Aug 2, 2011 : 1:20 a.m.

I don't care if they ever get the OK! BUT what was on the original application? Or is the city now reacting to some negative comments over the last couple weeks? Seems the city should have known what was planned unless the owner kept it quiet on purpose. This is not where I would like to see this store( I would just as soon not see it anywhere) but they do deserve to be treated up front fairly.

Larry Kestenbaum

Tue, Aug 2, 2011 : 12:57 a.m.

As a civil libertarian, I'm appallaed that Ann Arbor has sex regulations in its zoning ordinance. Obviously it's aimed at the now-almost-vanished category of &quot;adult book stores,&quot; which were put out of business by the Internet. Places like that needed super-low-rent locations, so they were a harbinger of urban decline. Any kind of sex-toy shop that could pay downtown Ann Arbor ground-floor storefront rents will be super-high-end. The downtown is an ever-changing panoply of this year's new business ideas being tried out and last year's being wiped out. In general, the city should stand back and let it happen.

Larry Kestenbaum

Tue, Aug 2, 2011 : 12:59 a.m.

appalled, not appallaed

InsideTheHall

Mon, Aug 1, 2011 : 10:27 p.m.

King John is a puritan in drag!

julieswhimsies

Mon, Aug 1, 2011 : 10:10 p.m.

Oh my! This was the funniest post ever on A2.com! &quot;Certain things&quot;...&quot;simulated genitals&quot;?! I recoil in horror at the thought of a store named &quot;Bongs and Thongs&quot; besmirching the reputation of pristine downtown Ann Arbor. Thanks for the laugh! I needed it.

Mike

Mon, Aug 1, 2011 : 10:10 p.m.

Why so uptight about sex and so loose with drugs? this town drives me crazy with their ideas on what is right and wrong. Drugs=good, sex=bad. Whatever happened to all the old hippies that liberalized this town?

townie54

Tue, Aug 2, 2011 : 2:42 a.m.

mike ,they all became old rich yuppies buying 5 dollar coffees but now they are too old for sex.So now they are against it

jns131

Mon, Aug 1, 2011 : 9:41 p.m.

Didn't our city officials do almost everything they had to close down 4th avenue red light district years ago? I remember always being told growing up in Ann Arbor, stay away from 4th avenue less you get a lesson on growing up. Ypsilanti took heed on that one too. I hope our elected officials do not let this place open....at all.

actionjackson

Tue, Aug 2, 2011 : 2:59 p.m.

Deja Vous is Taking Heed?

DaLast word

Mon, Aug 1, 2011 : 9:33 p.m.

Where does this guy think he is, Ypsi? We had adult book stores side by side on 4th ave back in the 70's and this became the seediest, dirtyist part of town. Bums, low life, prostitutes. There is a reason that they are not still there, it's for the afore mentioned second class citizens.

Harry Callahan

Tue, Aug 2, 2011 : 12:19 a.m.

Yeah, well, we need jobs. Low life seedy jobs are jobs.

tdw

Mon, Aug 1, 2011 : 10:57 p.m.

Why did I know someone would have to drag Ypsi into this ?

Mike

Mon, Aug 1, 2011 : 10:13 p.m.

We still have bums, low lifes, and prostitutes they're just not able to congregate like they do at the medical marijuana clinics. I'm surprised they haven't gotten together to appeal to the compassion of the good folks of Michigan to legalize their vices, for compassionate reasons of course............

jns131

Mon, Aug 1, 2011 : 9:42 p.m.

Hey!!! We fought to close our red light district as well. Still working on that one problem, but at least it is better then it ever was. Send em to Detroit. Not much going on down there.

Nick Danger

Mon, Aug 1, 2011 : 9:13 p.m.

Business is business ,this fellow has every right to open this store. If you don't like what this guy is selling don't shop there.

Some Guy in 734

Tue, Aug 2, 2011 : 3:39 p.m.

Oh boo hoo, jns. When I used to walk to school from the AATA bus, I used to walk past a liquor store, a couple of adult &quot;bookstores&quot;, a plasma center and the Embassy. It's totally survivable. (Should I add that you can find materials at the library that are &quot;stimulating&quot;, at least to a degree?)

jns131

Mon, Aug 1, 2011 : 9:43 p.m.

It is on Liberty. Near where children walk to the library people. Do not let them open.

AAbob43

Mon, Aug 1, 2011 : 8:58 p.m.

Count me as surprised that we have such prudish ordinances. This may not be the highest and best use of this storefront (no pun intended), but the free market can decide that.

David Briegel

Mon, Aug 1, 2011 : 8:48 p.m.

I guess the city is just not too business friendly!

Bertha Venation

Tue, Aug 2, 2011 : 5:51 p.m.

Ya, David. Guess I have to go to Dearborn for my Monkey Business.

Ypsi Gizmo

Mon, Aug 1, 2011 : 8:46 p.m.

Fake liberalism + NIMBYism = Ann Arbor

Jammers02

Mon, Aug 1, 2011 : 8:31 p.m.

Good I don't think a store like this should be in that area.

Donald Wilson

Mon, Aug 1, 2011 : 8:29 p.m.

Just so we're all clear, the D1 district is where? And this code is JUST for D1, not all of downtown, since the Safe Sex Store has all that and more. If the guy was planning on competing with S3, but NOT carry the things the ordinance bans... good luck to him. I'll walk across campus and go to a real store.

Enso

Mon, Aug 1, 2011 : 8:13 p.m.

Sex, drugs... all that's missing is the rock n roll.

simply amazed

Tue, Aug 2, 2011 : 1:56 p.m.

Bongs, Thongs and Songs?

jns131

Mon, Aug 1, 2011 : 9:44 p.m.

Hard Rock Cafe Ann Arbor. I kind of like that idea.

Mark

Mon, Aug 1, 2011 : 8:08 p.m.

Yup, another case of NIMBY-ism of uptight Ann Arborites. Let the marketplace determine if the store is a good idea or not. Personally, I think the shop name belongs along a stretch of beach frequented by college kids, but I am sure a lot of &quot;market research&quot; went into the naming decision, or maybe it was just weed-induced brilliance.

Mike

Mon, Aug 1, 2011 : 10:10 p.m.

That would be capitalism comrade and that's not allowed is this town!

EyeHeartA2

Mon, Aug 1, 2011 : 8:08 p.m.

Makes me long for the old red light district on 4th Avenue. Let shootings then, I believe. Everyone just ducked in and out of those stores. Kept a low profile.

Harry Callahan

Tue, Aug 2, 2011 : 12:17 a.m.

A bunch of seedy stores? I recall one with a massage parlor upstairs.

EyeHeartA2

Mon, Aug 1, 2011 : 10:33 p.m.

@julieswhimsies; It was more downtown. Think Sottinis sub shop and Aveda. I believe they were essentially zoned, inspected and regulated out of business. Really a bunch of seedy adult book stores, likely with the usual patrons, and so on.....

julieswhimsies

Mon, Aug 1, 2011 : 10:17 p.m.

I've been around for 30 years here. There was a &quot;red light&quot; district on 4th? Oh my! I completely missed it, and I worked at the old &quot;Y&quot; for years. LOL

Atticus F.

Mon, Aug 1, 2011 : 8:21 p.m.

I thought I was the only one to remember that piece of ann arbors history. it's sad that we have become so intolerant as a city in the last 20 years.

Snehal Shah

Mon, Aug 1, 2011 : 7:37 p.m.

Aren't massage oils and lotions designed for sexual stimulation? Aren't skimpy clothes for women designed for sexual stimulation? Aren't books on sex with explicit pictures designed for sexual stimulation? Are we turning into a hypocrite society now? Or are we going to ban all these items too from Ann Arbor downtown? Come on, its an Adult shop for crying out loud! BTW, the name of the shop itself is sexually stimulating! So, the name also have to be changed?

JGS

Tue, Aug 2, 2011 : 1:13 a.m.

@johnnya2 - Gratzi is hardly stimulating even on its best day. You made me laugh with the rubber comment though, thanks.

johnnya2

Tue, Aug 2, 2011 : 12:11 a.m.

This is the stupidity of these types of ordinances. Some people get arounsed by music, so we should close the Ark, some prefer food, there goes Gratzi, alcohol will aroune others, so we will be closing Conor ONeils, I hear some people think money is a turn on, so close up Chase bank. As to what benefit this provides to the city, how about RENT for a property owner. How about a job for a person who will work there. How about the ability to go into a store and buy whatever the hell I want as an ADULT. If you can not control your kids, don't force the rest of us to change our lives. YOU made that choice. If you dont like that, you can buy another sexual device called a rubber at many places in the downtown area.

Not from around here

Mon, Aug 1, 2011 : 8 p.m.

Yes, Yes and Yes. If children can be exposed to them, than Yes. What benefit does this shop provide to the city? We have several locations for such items that are much more discrete. Thi sguy just wants to run a Porn W*lMart in the city limits

AA

Mon, Aug 1, 2011 : 7:25 p.m.

Totally inapropriate for a high visibilty location. Won't last one year.

Mark

Mon, Aug 1, 2011 : 7:08 p.m.

And certain videos sold at the former LSV certainly caused some sexual stimulation...

Bertha Venation

Mon, Aug 1, 2011 : 7:17 p.m.

Gee, sorry I missed them.

rusty shackelford

Mon, Aug 1, 2011 : 7:05 p.m.

Where else does one wear jewelry, aside from the body?

Goofus

Mon, Aug 1, 2011 : 7:02 p.m.

I dunno. If I can't get a 12 inch triple-vibrating waterproof dildo to go with my deluxe weed vaporizer, I don't really see much point in ever stepping foot in &quot;Bongs and Thongs&quot;.

Bertha Venation

Mon, Aug 1, 2011 : 7:16 p.m.

Ya.. I've got to agree with you there.

treetowncartel

Mon, Aug 1, 2011 : 6:57 p.m.

&quot;devices designed for sexual stimulation&quot; = just about anything. Pretty vague ordinance there. Pony up for a con law professor and you can get rid of the ordinance through a legal challenge.

treetowncartel

Mon, Aug 1, 2011 : 9:17 p.m.

A toaster oven and a spatula could assist you in making an apple pie. I guess its kinda of like the six degrees of separation from sexual stimulation.

lugemachine

Mon, Aug 1, 2011 : 8:22 p.m.

So you're saying that &quot;just about anything&quot; is designed for sexual stimulation? Not sure I can get behind that statement... though it makes me look at my toaster-oven in a whole new light. And my spatula might be in for an interesting evening.