VISTA -- Vista officials are contemplating changes to the city code that would expand the definition of adult-oriented businesses to include merchants who regularly sell or distribute sex novelties and paraphernalia, city officials said.

The changes have frustrated a Vista businesswoman who said Thursday that the city appears to be targeting the Deja Vu Love Boutique that she and others are trying to open in a small retail-commercial center that fronts Highway 78, just west of Sycamore Avenue.

"I'm not an adult business, but obviously the city considers me an adult business," Melissa Kurbis said.

Vista already has numerous guidelines for what it considers adult businesses, ranging from adult bookstores to cabarets to adult movie theaters. These businesses are restricted to light manufacturing zones and prohibited from setting up shop within 1,000 feet of residential areas, parks, churches or schools.

The North County Times reported on June 13 that Kurbis and others planned to open a Deja Vu Love Boutique -- which they said would sell high-end lingerie, body jewelry, gag gifts and a small selection of adult toys --- in one of Vista's commercial zones.

Two weeks later, the City Council placed a temporary ban on permits for businesses that sell "adult devices." City staffers said Vista needed to preserve the status quo while studying how to regulate these businesses.

Now, staffers are proposing a broader cleanup of the current adult business regulations.

The process will begin with a public hearing at 7 p.m. Tuesday before the Planning Commission at City Hall, 600 Eucalyptus Ave.

The commissioners are expected make a recommendation to the City Council as to whether there should be additional definitions of what constitutes an adult businesses. It will also discuss the level of mature inventory that would push a business into the adult category, among other things.

The City Council will hold its public hearing Aug. 1.

Community Development Director Robin Putnam said Thursday that she has received building plans and a business license application for the Love Boutique and has told the owners she wants more specific information about what they will be selling.

Kurbis said that's news to her, as she has already submitted a list of product categories.

Some of the older Deja Vu Love Boutiques could be considered adult, Kurbis said, but most of the new stores "are trying to change their image and are coming in as nonadult."

The adult products in her Vista store would be "substantially less" than 30 percent of the inventory, "therefore, I don't consider myself an adult business," she said.

The city code generally defines adult businesses as having adult content in more than 30 percent of their products or shows. However, the proposed revisions would change the threshold to "a regular and substantial" portion.

"Renting one X-rated video doesn't make you an adult business," Putnam said. "But when it becomes a regular and substantial part of your business, then you would fall into that category."

Putnam said the city's zoning administrator would be responsible for determining whether a business meets that threshold.

Kurbis said the change was troubling, as her business plan was developed around the current regulations. "Everybody's definition of substantial is different," she said.

Putnam said the city has notified Kurbis of Tuesday's public hearing.

"We haven't made any judgment that it would impact them specifically, but we want to make sure that they have a chance to talk about it if they want," Putnam said.

Contact staff writer Craig TenBroeck at (760) 631-6621 or ctenbroeck@nctimes.com.

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