Family Video, a movie rental chain that bills itself as a family-friendly company and active in the community, is facing heat from the Town of Tonawanda, which says some of the company’s merchandise is too steamy.

An investigation into recent complaints confirmed that the store at 1971 Colvin Blvd. is selling adult videos in violation of the town’s zoning law. The town is seeking an injunction in state Supreme Court in Buffalo that would force the store to stop sales of the offending material.

Town officials believe the company has reneged on an agreement reached in 2006 before the store opened.

Councilman John Bargnesi expressed disappointment that the merchandise is being sold in close proximity to locations that specialize in youth activities. He noted the store sits across the street from a day care center and Kenney Field, a well-used park, especially for football, soccer and lacrosse.

“It’s a business that says it promotes family,” Bargnesi said. “It’s absurd to me. It doesn’t make sense at all. They pretty much misled us.”

Code enforcement officer Carl Heimiller said the store is using a room approximately 150 square feet to sell adult material. There is a sign at the room’s entrance proclaiming that persons who enter the room must be at least 18 years old.

When Family Video furnished construction plans to the town in February 2006, planning board members questioned a small room designed for the rear of the store.

“They were told it was for storage of videos,” Bargnesi said. “At no time did (Family Video) indicate it would house adult videos.”

Code enforcement discovered in June 2006 that the room was planned as an adult video retail area. Bargnesi said the store was told that adult video sales are prohibited in general business-zoned areas, and Family Video agreed to drop its adult video plans.

Councilwoman Lisa Chimera said the recent development is “disheartening” because Family Video used its agreement with the town when negotiating with other municipalities to secure new store locations.

She said communities such as Lockport, Niagara Falls and Orchard Park were told by store officials that it agreed with Tonawanda not to sell adult matter, and it would do the same in those municipalities.

“They used us,” Chimera added.

Supervisor Anthony Caruana pointed out that Business Week recently named the town as one of the 2010 top municipalities in the United States to raise children.

A store selling adult videos in a residential area “isn’t what we want,” Caruana said.

Heimiller said the building department received two complaints concerning the adult section about a month ago.

“We investigated and sent them notice right away,” Heimiller said. “They offered to come in and talk about it. They said they’re going to challenge our law.”

The town code specifies that no adult use shall be located in any zoning district except those districts zoned for manufacturing use (M-1).

Family Video officials could not be reached for comment.

Contact night city editor John Hopkins at 693-1000, ext. 150.