Planet K will be allowed to stay on Texas Avenue, but must make some changes
The city of Bryan says Planet K can stay at its current location, but it won't be allowed to sell adult novelty items, and it must make improvements to the property as part of an agreement reached by both sides.
City council members voted in favor of the settlement at Tuesday night's city council meeting.
KBTX obtained a copy of the agreement Wednesday and found the city and Planet K have agreed to the following:
"We are pleased that we have reached a settlement with the City of Bryan that avoids having to litigate these issues in court," said Meredith Parenti, the attorney representing Auspro Enterprises, the Austin-based company that owns Planet K.
The city of Bryan was sued last year by Planet K at the same time the city was in the process of preparing to file litigation against the company.
The city cut power to the building as Planet K continued to sell merchandise from its parking lot.
The company received 34 criminal citations for a variety of violations since September 2018, but as part of the settlement, the city will ask a judge to dismiss all citations.
Both sides have also agreed to dismiss all pending legal action and pay their own court costs and attorney's fees associated with the matter.
The owner, Michael Kleinman, has always declared that his business doesn't fall under the definition of an adult novelty store, but KBTX has video evidence showing his other locations selling pornographic material.
Auspro Enterprises purchased the Bryan property in July 2018 and popped up with little fanfare other than a colorful mural on all sides of its building, but the artist later removed some parts of the artwork that featured trademarked images related to Texas A&M University.