Operator of Sex Clubs Receives Jail Sentence : Justice: Elbert Poppell was convicted of violating municipal zoning ordinances.

Elbert (Thad) Poppell, who has built a reputation for running sex clubs in San Diego County, was sentenced Tuesday to six months in jail for his conviction a month ago on 26 counts of violating zoning and building regulations at his Southeast San Diego club.

However, Poppell, 58, remains free and his business remains open pending appeals planned by his attorney. Poppell’s attorney, Anthony G. Gilham, argued for a delay in sentencing and said that his client “was misled by the government.�

The sentence handed down by San Diego Municipal Judge Rafael A. Arreola is the first jail term given to Poppell, even though he has previously been convicted in San Diego, and cities such as La Mesa and Solana Beach have run his clubs out of town.

Arreola convicted Poppell in a non-jury trial of two counts of violating city zoning ordinances. Deputy City Atty. Janice Scanlan said the business, at 3488 E St.--near the Interstate 15-California 94 interchange--is operated in a house in an area zoned for commercial use.

Poppell continued to insist on Tuesday that he believed he had received the necessary business permits from the city.

At issue in the appeal filed in Superior Court Tuesday is what kind of business Poppell actually runs. Although he calls it a private social club, city officials insist it is an adult entertainment establishment.

Although the difference in the two designations may seem small, businesses offering adult entertainment are highly regulated and allowed only in very specific locations. Social clubs are essentially free to operate wherever.

Scanlan acknowledges that the city issued a business tax certificate for a social club, but she insists that is not the focus of Poppell’s establishment.

Even though there was no evidence of lascivious activity presented at the trial, both sides agreed that patrons of Poppell’s establishment paid an entrance fee that admitted them to a house where men were lounging naked and women wore provocative outfits. Free sex is encouraged, and is in fact the basic reason for the establishment.

Poppell was also convicted on 24 counts of violating building codes, with almost half of the violations resulting from improvements made to the house that did not have the necessary permits.

Scanlan described one addition to the house which included an empty 12,000-gallon gas tank that had been outfitted with padded benches and three water beds.

Poppell admitted failing to abide by building codes, but he displayed photos of his business to show that significant improvements have been made since his legal troubles started earlier this year.

“The defendant got suckered in this case,� Gilham told the judge.

The defense attorney also argued that Poppell’s sentencing was the result of 10 years of harassment by city officials. “If the city of San Diego doesn’t like the type of business my client engages in, then they should go to the Legislature and have it outlawed,� Gilham said.

Arreola ordered Poppell back to court on Nov. 19.