Lingerie Retailer Changes Council's Opinion, Will Open Mayfield Location

Ambiance officials began Monday night by making arguments for why the company should be allowed to do business in Mayfield Heights, but ended it with celebratory smiles.

The seller of romantic and erotic products plans to open a location at 5895 Mayfield Road by this fall, but only because a company lawyer compelled the majority of Mayfield Heights City Council members to rethink whether the company should be considered an adult business unfit for the city's retail zoning code.

"It doesn't offer live shows, it doesn't have viewing booths or theaters," attorney Jordan Berns said during the public portion of Monday night's city council meeting. "Sex acts aren't performed, depicted, or condoned on the premises.

"It's simply a retail store."

Even though Ambiance previously had a location in the city in the late '80s, Building Director Tom Jamieson in April decided that the company was essentially an adult business, as defined an ordinance chapter that seeks to regulate the operation of businesses such as adult motels, nude studios and escort agencies.

However, when Berns began speaking, it became clear that most council members believed that Ambiance did not fit those descriptions. Council President Diane Snider even called for a motion to extend Berns' allotted five minutes.

Berns, President Jennifer Downey and Vice President Henry Keiluhn took exception to Ambiance possibly being lumped into the adult category because of the language and implications of Chapter 773 of Mayfield's codified ordinances.

"By its expressed terms, the purpose of that chapter is to prevent the secondary effects of sexually oriented businesses on the surrounding area and the community at large," Berns said. "The specific effects that are sought to be prevented are the spread of sexually transmitted diseases and engagement in unsafe, sexual conduct ... the principal purpose of the store is to sell lingerie.

"It sells items that are for sale in any number of retail settings that no one would reasonably find objectionable — undergarment stores, traditional book stores, pharmacies, gift stores, greeting card stores, party stores."

In the end, only two council members did not approve the measure that struck down Jamieson's decision — Gayle Teresi and Robert DeJohn.  

"Looking at the ordinance, you had to really take it apart and ask yourself, 'Is it really a triple-X-rated place?' Council President Diane Snider said. "Some people may perceive it that it could be, but the thing is, is it worth going through the litigation process trying to prove that point?"

Keiluhn said he had never had any trouble opening previous locations and said no government official had ever referred to or assumed the company was a sexually oriented or adult entertainment shop.