HERMOSA BEACH – The city is ordering a landmark Hermosa Beach sex shop to remove the extra booths which it added a year ago. According to a recent report, the Tender Box will have about 10 days to comply with the terms of its conditional-use permit, which allows for only eight booths.
Tender Box owners recently requested for an additional 14 additional booths to be installed on it’s second floor. The request was denied.
According to the Daily Breeze, in business since 1973, the Tender Box has been grandfathered into compliance with existing zoning codes. The store can sell adult toys, novelty items and videos, as well as operate eight viewing booths on its bottom floor.
First Amendment lawyer Roger Diamond, who is representing the shop, told the Daily Breeze that Hermosa's zoning code violates the First Amendment by not providing ample locations in town for businesses like the Tender Box. Diamond said he would file a lawsuit against the city unless it can provide a list of suitable places where the Tender Box could operate its additional booths.
“I would say that as soon as the city tells us where my client can relocate the upstairs booths, clearly the arcade will close,” said Diamond.
The city asked for the Planning Commission to review The Tender Box’s operating permit after residents claimed patrons were soliciting for sex at the shop on community websites such as Craigslist. The council’s request failed.
“We accept that they're here,” Councilman Kit Bobko, told the Daily Breeze. “It's part of the fabric of the community. It's kind of the tangy, grainy quality of Hermosa Beach — kind of like sand in your wet suit — that everyone loves.”
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