“Theme cakes”

March 25, 2013

  • 414 Zoning and Planning
  • 414V Construction, Operation, and Effect
  • 414V(C) Uses and Use Districts
  • 414V(C)1 In General
  • 414k1272 k. Sexually-oriented Businesses; Nudity.

414 Zoning and PlanningBakery which sold “theme” cakes, a substantial or significant percentage of which had sexual designs or messages, could be an “adult bookstore” within meaning of city zoning ordinance defining adult bookstore as “establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals and goods and items held for sale” emphasizing sexual matters, even though bakery did not sell books, magazines or other periodicals; conjunctive “and” was appropriately read as the disjunctive “or” in applying ordinance.
Pensack v. City and County of Denver, 630 F.Supp. 177 (D. Colo. 1986)