BRYAN, Tex. (KBTX) - 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:
*Planet K will not be allowed to sell sexual oriented/adult novelty items because the property is located in an area of the city that's not zoned for an adult-themed business.
*The current outdoor sign must be removed within 7 days. Planet K has agreed to replace it with a sign that meets city code.
*Improvements to the parking lot and landscaping will be completed so as to bring the property into compliance with city code.
*Once work on the building is complete and the city has been notified, an inspection will occur within one business day. Pending approval at that inspection, Planet K will be issued a certificate of occupancy and will be allowed to legally conduct business from its building on Texas Avenue.
"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.