Agenda Packets - 1994/11/07 - Laserfiche WebLink

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ADULT USE MEMO RE: CITIES USING ADULT USE STUDIES 10-28-94 PAGE TWO such businesses only in Industrial areas is too restrictive, since most adult use establishments can not afford the high rents often associated with such industrial zoning. Bloomington's Assocaite City Attorney Greg Brooker also suggested proceeding carefully with the definition of an adult use establishment. Bloomington uses the definition which asserts 40% or more of an establishment must be devoted to adult use stock items in order for it to be classified as an adult use establishment. The use of caution is due to general movie rental stores selling X-rated movies and Spencer type shops selling lingerie and adult cards. Fridley ran into this problem with an establishment called the Fantasy House. In court, a judge found Fridley's adult use business definition too restrictive since in effect it was no worse than Victoria's Secret with the sale of lingerie and adult cards. Fridley also ran into trouble since the City could not prove higher crime rates or a deterioration of the city attributable to the Fantasy House. Bloomington also noted they had a Fantasy House in the city and it has received no police calls and the mall has 100% occupancy to date, so there is no way the City could say there has been detrimental secondary effects. When I spoke with Fridley, the Fantasy House in the City has one of the highest sales within the City. Attorney Brooker also stated that Edina would possibly be on shaky ground with its classification of only 10% of stock of adult use bookstores as an adult use business. He believes it will be difficult to prove the business is detrimental to the surrounding areas with such a small stock of adult use items. • Blaine Blaine used Brooklyn Park, Detroit and Pittsburgh studies to determine what percent to zone for. • Fridley Barb D., Fridley, said the City used the APA's files which included copies of community reports (from Indianapolis, Rochester, etc). I have Rochester's but would need to obtain the others. She said if anyone wanted to come over and copy of the reports, we were welcome to. • • Hopkins Nancy Anderson, Hopkins, stated the City did not consult any studies,just simply gathered other cities ordinances and wrote their adult use ordinance. The court is reviewing their ordinance now, so as of this moment it is not un-constitutional. The city uses a 300' distance from any other adult use, residential, etc. Fridley's ordinance has been called unconstitutional by some people due to the small amount of land the City possesses; the 300' regulation leaves space in only two areas within the City for adult uses to locate. It will be interesting to see the outcome of the court ruling since like Mounds View, they do not really have much space that doesn't touch residential development within the City.