Boutique set to open; neighbors squirm

Mannequins will be dressed as Santa's sexy helpers, modeling knee-high boots and skimpy red outfits trimmed with white faux fur.

And the real people who live nearby will be shielding their children's eyes while lacing up their boxing gloves.

'Tis the season for squabbling in Sugar House, where the Blue Boutique is preparing to open its doors as soon as Saturday — and residents are mulling a legal challenge to close the store as soon as possible.

Residents who don't want the adult-novelty store relocating into their neighborhood at 1400 East and 2100 South have spoken at public meetings, signed petitions, filed complaints, written letters, sent e-mails, made phone calls — anything they can think of to get elected officials' attention and prevent the store from opening.

Thus far, they've only been successful at drawing attention to their cause, which some residents say means it's time to get a lawyer.

"We're not done yet," said Sugar House resident Kevin Winn. "We're probably going to get an attorney and see what we can do."

Residents who oppose the Blue Boutique's new location say there are several areas that warrant a legal challenge.

For one, the area is zoned as a neighborhood-commercial district (CN), which according to city code is "intended to provide small-scale commercial uses that can be located within residential neighborhoods without having significant impact upon residential uses."

Sugar House resident Julie Price said she doesn't believe the Blue Boutique meets the requirements of the CN zone and blames the sexy-shop controversy on city officials "for not following the zoning laws they put in place."

Other residents contend that the Blue Boutique is a sexually oriented business (SOB) masquerading as a legitimate retail outlet. They say the store, which has had a presence in Sugar House for the past 20 years, has been able to duck the label because the city has ignored one of the two definitions of SOBs in city code.

According to city attorney Ed Rutan, the definition of SOB followed by city staff requires that less than 15 percent of a store's retail floor or shelf space be devoted to merchandise that is excluded from minors.

The second definition deals with the types of items for sale or rent at a store. According to the code, the sale of "instruments, devices or paraphernalia" designated for use in "specified sexual activities" qualify a store as a sexually oriented business.