The owner of the property located at 2200 University Ave. and three owners of the 2220 Club motioned for a dismissal of six misdemeanor counts during an arraignment in San Diego Superior Court on Jan. 18. A hearing has been set for March 22.

City Attorney Michael Aguirre announced the misdemeanor charges against 2200 Club on Dec. 1.

A six-count complaint accuses property owner Alma Vasic and 2200 Club owners and operators John Tennis Smith, Robert Smith and Mark Ernest Carter of failing to have a bathhouse permit and operating an adult sexual encounter establishment in violation of zoning laws.

“Ms. Vasic has no involvement in running that business,” Vasic’s attorney Andy Zmurkiewicz said. “She has no ownership interest in that business. She doesn’t have any say in how that business is run or what they do. She merely leased the property to them.”

A call placed to John Barriage, an attorney for the 2200 Club, was not returned as of press time.

The City Attorney’s Office sent a letter Jan. 24 last year to Barriage informing him that the 2200 Club is “currently operating in violation of the city’s Adult Entertainment regulations.” The letter cited an undercover operation for the Neighborhood Code Compliance Department that said there was enough evidence – such as public masturbation and displaying pornography on televisions throughout the club – to classify the 2200 Club as an adult sexual encounter business under San Diego’s Municipal Code.

Barriage told the Gay & Lesbian Times in March that the 2200 Club is a bathhouse, not an adult entertainment establishment, and should be regulated accordingly.

The City Attorney’s Office cited San Diego Municipal Code section 141.0601(a), which defines an adult sexual encounter business as an adult entertainment business. Under the provisions of that section, the 2200 Club is prohibited from operating within 1,000 feet of any residentially zoned property, the City Attorney’s office said. There are several houses, condominiums and apartment complexes surrounding the 2200 Club.

According to Rodney Lorang, senior deputy county council at the San Diego County Health Department, the 2200 Club had initially applied for two permits in October 2004. One permit was for a pool and sauna license, which was approved. The other permit was to operate as a bathhouse. Lorang said the health department issued a denial letter to Barriage and Club 2200 on Feb. 3.

The 2200 Club has remained open since receiving the denial letter.