[Massplanners] A new twist on Adult Uses that just might escape local regulations.

[Daniel Fortier]

>From Boston.com today out of Terryville CT (link below). From the description of the club in the article, I do not believe this would have triggered an "adult use" in the Dennis Zoning By-law and led me to wonder how many other communities might need to consider changing their by-laws.

We took our controls directly from Chapter 40A Section 9A which reads:

As used in this section, the following words shall have the following meanings:—
''Adult bookstore'', an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in section thirty-one of chapter two hundred and seventy-two.
''Adult motion picture theatre'', an enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in section thirty-one of chapter two hundred and seventy-two.
''Adult paraphernalia store,'' an establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in section thirty-one of chapter two hundred and seventy-two.
''Adult video store,'' an establishment having as a substantial or significant portion of its stock in trade, videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in said section thirty-one of said chapter two hundred and seventy-two.
''Establishment which displays live nudity for its patrons'', any establishment which provides live entertainment for its patrons, which includes the display of nudity, as that term is defined in section thirty-one of chapter two hundred and seventy-two.

As the private club has activities where the patrons are the ones displaying live nudity, I am not sure that, until tested, the private club would fall under any of these tests. In fact, in Dennis, it would more likely fall under the definition of Private Club as follows "PRIVATE CLUB, MEMBERS ONLY A structure or facility owned and/or operated by a corporation or association of persons for social or recreational purposes."
 Their activities would clearly be for the social or recreational purposes. Not really sure that you could say that buying a membership at the door, since they are sold in one-month and annual increments, would disqualify the use under zoning.
Happy Friday!


Daniel Fortier, AICP
Retired Planner




The swingers club next door<https://www.boston.com/news/local-news/2025/05/02/swingers-club-terryville-connecticut/>
[https://bdc2020.o0bc.com/wp-content/uploads/2025/05/WFC-Lounge-1-681405c3be752-768x432.jpg]<https://www.boston.com/news/local-news/2025/05/02/swingers-club-terryville-connecticut/>
The swingers club next door - Boston.com<https://www.boston.com/news/local-news/2025/05/02/swingers-club-terryville-connecticut/>
Local News The swingers club next door A church pastor suspected “some kind of sex club” had opened in an adjacent lot. Here’s what happened next.
www.boston.com

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