The ‘magic’ is gone in Delco

Owners of adult entertainment business known as Magic Moments agree to not re-open Delco business, and to stay out of Columbus County with any like business.

By BOB HIGH

It was a lengthy civil process, but Sheriff Chris Batten’s efforts – combined with the membership of several Delco-area churches – paid off Monday as a consent agreement was quietly signed in Superior Court and put an end to criminal activity in an adult business known as Magic Moments.

Donald Mercer and his son Gabriel Chance Mercer signed an agreement presented to Judge William C. Gore Jr. that closed the last chapter of the business’ operation for more than 20 years along U.S. 74-76.

The Mercers, who operated the business as Magic Moments Exotic Dancing and Magic Moments Exotic Females, agreed to “permanently refrain from operating or maintaining what could be reasonably construed as a public nuisance” at the Magic Moments location.

They also agreed to “permanently refrain from owning, operating or distributing, either directly or indirectly, what could be reasonably construed as any adult entertainment businesses” within the county.

Batten raided Magic Moments, as well as the new Whispers club, on Aug. 4 and made six arrests on charges including solicitation of prostitution, plus felony counts of committing crimes against nature.

Building for rent

The purple building that housed the “exotic” entertainment is available for rent with “great terms” promised on a sign outside the structure erected by the owners. (See photo Page 5A of the printed edition)

The court action, witnessed by a small group of Delco residents, was satisfying to Batten and his supporters. “We did what we wanted to do. We’ve gotten Magic Moments to leave Columbus County, and the owners to promise to not come back,” Batten declared.

“This could not have happened without the support of the many churches in the Delco and Riegelwood area. They have supported me and my group of officers from the very beginning, and I’m very happy to report we got what we wanted,” the sheriff added.

The Whispers club, raided the day after it opened, shut its doors voluntarily, and made inquiries in Bolton about the town’s regulations for adult entertainment businesses.

Bolton’s town board met in emergency session and it put together a new ordinance regulating such businesses. The board is expected to act on Oct. 3 to make the ordinance a part of the town’s regulations.

Hearings continued

Two hearings on the status of Magic Moments, both in August, were continued because civil papers about the county’s move to shut down the business had not been served on Donald Mercer, the lead owner.

Batten’s complaint against Magic Moments charged that female employees of the business allowed touching of their bodies and touched customers about their bodies – all against state law -- for certain fees, some of them posted just inside the front door.

The establishment of an adult business in the state is not against the law as long as it is outside a certain distance from churches, schools and private residences.

Magic Moments was operating just 272 feet from the Faith Baptist Church across the four-lane highway, and 334 feet from the nearest residence, plus only 134 feet from another business.

In addition, the Whispers club was just 809 feet from Delco’s Pentecostal Free Will Baptist Church, and 168 feet from the nearest residence.