SP Star Enterprises, Inc. v. City of Los Angeles

Appellant SP Star Enterprises, Inc. (Star), holds a certificate of occupancy from the City of Los Angeles (the City) permitting Star to operate an adult club featuring nude entertainment in a two-story, 7,000-square-foot converted warehouse/manufacturing facility zoned M3-1 on Ducommun Street north of Little Tokyo. Star also holds a franchise to operate a Penthouse-branded adult cabaret. This case involves Star’s application for a conditional use permit for the sale and onsite consumption of alcohol at the club.

The City’s zoning administrator granted Star’s application for one year. The Los Angeles Hompa Hongwanji Buddhist Temple (the Temple) and the Fukui Mortuary appealed the approval to the City’s central area planning commission (APC). The appeal was supported by the Los Angeles Police Department, two city council members, the Central City East Association and numerous private citizens who argued the proposed use is not compatible with the religious and community uses in the area or the redevelopment of the area north of Little Tokyo.

Star responded its upscale business would improve tourism in the area as Penthouse cabarets had in other cities and would have no…