'Sex paraphernalia store' Badd Kitty may soon be shut down by Horry County

Horry County wants to tame Badd Kitty.

County officials filed a lawsuit this month against the South Strand shop — which sells lingerie, sex toys and other sensual items — and its owner, John Gaik.

The complaint asks the court to shut down the business because Badd Kitty is a “sex paraphernalia store” that’s operating too close to homes.

Gaik, who runs several Badd Kitty stores along the Grand Strand, said his attorneys discussed the zoning issue with county officials months ago and he thought the matter was resolved. He didn’t know about the lawsuit, which was filed on Jan. 8, until The Sun News contacted him Tuesday.

“I haven’t heard from them in so long,” Gaik said. “I assumed it was a done deal.”

The lawsuit marks another effort by county officials to enforce a series of 2013 policies aimed at reining in sexually-oriented businesses, including strip clubs, adult bookstores and sex paraphernalia shops.

County spokeswoman Lisa Bourcier declined to comment on the lawsuit.

When Badd Kitty opened its Frontage Road location on the South Strand in early 2010, Gaik signed an agreement saying his company would not operate as an “adult bookstore” or an “adult video store,” according to the lawsuit. Those stores were defined as businesses that derived more than half of their revenues from adult books, magazines, videos, devices or other items designed to be used in connection with “specified sexual activities,” court records show.

The county policy at that time also stipulated that adult businesses be located at least 2,000 feet from residential zoning districts.

In September 2013, Horry County Council approved new rules for sexually oriented businesses, including strict requirements for hours, employee licenses and even stripping.

County officials said the new policies were necessary because the old ones were outdated and ineffective.

Zones were created for adult entertainment, and none of the establishments operating when the policies were approved fell into those areas. That meant those places had to either convert into non-adult businesses or move to an approved zone.

Gaik said he provided the county with research last year that showed his revenues came in below the threshold set in the former ordinance. He had assumed his business would be grandfathered in under the former policy and said he still holds a business license from the county because of the records he provided.

“It was a lot of work,” he said.

In its lawsuit, the county contends Badd Kitty violated both the old ordinance and the new policies.

The complaint calls Badd Kitty a “sex paraphernalia store,” which the current ordinance says is not allowed within 1,500 feet of a residential area.

The lawsuit includes a printout of items advertised on the store’s website as evidence of the sexual nature of the business. The documents also state that county officials inspected Badd Kitty last summer to confirm their suspicions.

The county is asking the court to rule that the business is violating local policies and order Badd Kitty to cease operations at that location.

County officials contend that other adult establishments have challenged their updated policies as unconstitutional, but haven’t been successful.

For example, last year the U.S. District Court in Florence ruled in the county’s favor when the owner of a strip club challenged the county’s refusal to grant him a license to operate his business in a former club on Restaurant Row.

This story was originally published January 19, 2016 at 5:22 PM with the headline "'Sex paraphernalia store' Badd Kitty may soon be shut down by Horry County."