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April 28, 1998 

Kipp Whaley opened his business in the only place he could, he says, in keeping with Sarasota County ordinances governing ``sexually oriented'' businesses.
That location just happened to be about 125 feet, by Whaley's estimate, from Sarasota County's only ice skating rink. The initial shock has worn off some, but the proximity of the Exclusive Video store to the youth-oriented Venice Ice Pavilion is still a topic of discussion.
For the record, Whaley's business is licensed and legal.
Others may call it other things, but this is America and as one of Whaley's neighboring business owners put it: ``Everybody's gotta make a living.''
Whaley was aware of the ice skating rink before he opened his store, a combination adult video, novelty and magazine store.
He said he searched for eight months to find a location that fits the county's guidelines for sexually oriented businesses - it couldn't be within 800 feet along the same right of way (same side of the street) of any church/synagogue, school, child-care center, home for orphans or public recreation area.
It might seem that an ice skating rink would fall under the heading of public recreation area.
But under the county's definition, a public recreation area is public land zoned for government use, used for parks or recreation, nature trails, picnicking, boating and the like.
``The ordinance is not designed to ban adult businesses; it's designed to regulate them,'' said Patrick Burelle, Sarasota County property standards manager.
Whaley said he regulates himself, too.
``I have a family and an 8-year-old daughter,'' said the 30-year-old Connecticut native. ``She goes to the ice rink.''
There are no ``XXX'' signs or flashing lights on the business. No invitations to view peep shows and no peep shows inside.
Whaley said that the windows are covered by blinds and the tension in the door makes it almost impossible for anyone who weighs less than 120 pounds to open it.
Three signs on the door state that visitors must be 18 to enter.
Once inside the store, visitors are greeted by an attendant who checks identification. No license, no entry, Whaley says.
All of the adult material is tucked away in another room and can't be seen from the reception area.
Visitors to the Venice Ice Pavilion don't pass the store unless they make a special trip.
Whaley said the business does ``better than some of my New York locations.'' He wouldn't disclose how many adult stores he has, but said that he's been in the business for 10 years and made enough to retire to Florida.
Bored, he returned to work.
He plans to open a similar store in Port Charlotte in a few weeks.
For now, Whaley's neighbors will have to live with the store.
Marti Gaudiel, owner of Venice Ice Pavilion, said she was shocked when the store opened.
``I called the landlord,'' she said. ``We of course wanted to know how this happened.''
A representative for the landlord didn't return calls Monday.
Gaudiel said that while Whaley strictly enforces his age policy, her crew makes sure that youngsters don't wander around to the shop.
``We police it as best we can,'' she said.
Beyond that, there's little else she can do.
``It's kind of difficult to move an ice rink. We're all kind of stuck.''
No decision
Thanks for the letter, Ms. D. I always appreciate fan mail.
I called Food Lion's corporate offices in North Carolina about the rumor that they planned to open a Kash n' Karry store in the old Food Lion store location at the Rialto.
According to a spokeswoman, they still hold the lease on the property, but haven't decided what to do with it.

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