BRYAN, Tex. (KBTX)- The Bryan Police Department has issued two citations to Planet K, an adult novelty store, for permit violations, KBTX has learned.
On Friday, Planet K set up several tents in its parking lot on Texas Avenue and the owner declared his Austin-based head shop was now "open for business" in Bryan. However, the company has not obtained the proper permits to sell merchandise, and a citation was issued to Planet K on Saturday. Another citation was issued on Monday.
Currently, most of the merchandise being sold in the parking lot is smoking paraphernalia.
City officials have also told KBTX that Planet K is located on land that's not zoned for an adult novelty store, but the store's owner, Michael Kleinman, says his business doesn't fall into that category.
"We are a gift store," Kleinman said at a news conference Friday. "We do sell candles, incense, cold drinks and beer, books, tapestries, and yes, the same sexual aides that HEB or the local Cindie's sells. We do not sell pornography."
In August, KBTX visited a Planet K store near Austin and found several examples of pornographic material and drug paraphernalia being sold to customers.
In late August, a city spokesperson said the city cut off power to the Planet K building as the company continues to go through the proper permit process. KBTX was also told the large sign out front lacks the proper permit.
The city of Bryan ordinance says adult novelty stores can't be within 1,000 feet of a church, public school, public hospital or residential district.
The city also has clarified that nearby Cindie's opened before the city tightened its zoning rules and regulations.
Others have inquired about Woody's Boutique and Vapor on S. College Avenue, and the city confirms Woody's is legally located in an industrial area of the city that's zoned for that kind of business.
This week, the Bryan city council will meet in executive session with an attorney to receive additional legal advice on how to move forward with adult novelty stores.
The agenda for the meeting does not specifically say Planet K is part of the discussion, and because it's an executive session item, the city council likely will make no comment about the issue to the public.
At its news conference Friday, Planet K said it has also reached an agreement with Texas A&M and will remove all Aggie-related images from it's mural on the building. The issue of copyright and trademark violations were brought to the university's attention after the mural was completed.