WALKER -- Club Y Bar and Grill Inc. filed suit against Cass County Friday in U.S. District Court in Minneapolis. The suit is titled Karyn Brown vs. Cass County.
The 60-page suit seeks a restraining order under the First and 14th Amendments to the U.S. Constitution to prevent the county from requiring a conditional use permit under current county zoning ordinances for adult entertainment business.
Judge Paul Magnuson will hear the case today in Minneapolis. County Attorney Earl Maus and attorneys from Minnesota Counties Insurance Trust will represent the county.
County Administrator Robert Yochum said this morning current county zoning ordinances permit adult entertainment in an industrial zone if the county planning commission approves a conditional use permit.
Property where Club Y Bar and Grill Inc. proposes to open an adult entertainment business at the Y Junction of Highways 371 and 200 southeast of Walker currently is not zoned industrial.
Therefore, Yochum said that business would need to apply for reclassification to industrial as well as seek a conditional use permit under current county zoning laws.
The business has applied for neither at this time, he said.
They have applied for and been granted a food and beverage license on the condition there not be adult entertaining conducted in that business, according to Yochum.
A liquor license application is in process. Shingobee Township will hear that application Wednesday night, he said. The next regularly scheduled county board meeting where the liquor license application could be heard is set for Feb. 15.
Yochum said it is his impression Club Y Bar and Grill hoped to open for business with a liquor license and adult entertainment for Eelpout Days in Walker this weekend.
The business cannot obtain a liquor license before this weekend unless the county board calls an emergency meeting this week, Yochum explained.
He said he did not know whether the board would consider this a sufficient emergency to merit calling a special meeting.
Since Harold and Karyn Brown informed the county board at the regular Jan. 18 board meeting of their intent to open an adult entertainment business, the county has begun drafting a new ordinance to require adult entertainment licenses.
The board expects to receive a draft of that ordinance to begin considering it at the regular Feb. 15 meeting.
A public hearing on the ordinance has been scheduled from 5 to 6 p.m. March 7 at Hope Annex to Cass County Courthouse (former Hope Lutheran Church building) in Walker.
No board action is scheduled on that ordinance until a second reading during the regular March 21 county board meeting.
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