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• <br /> 3. Distance Requirements <br /> 110 <br /> 1. Another factor that maybe examined <br /> by some courts is the distance requirement <br /> established by an adult entertainment zoning ordinance. In SDJ, Inc. v. Houston, 837 <br /> F.2d 1268 (5th Cir. 1988), the Court was asked to invalidate a 750-foot distancing <br /> requirement on the ground that the city had not proved that 750 feet, as opposed to <br /> some other distance, was necessary to serve the city's interest. <br /> 3 <br /> The Court found that an adult entertainment zoning ordinance is "sufficiently well <br /> tailored if it effectively promotes the government's stated interest" and declined to <br /> "second-guess" the city council. Houston, supra, 837 F.2d at 1276. <br /> Courts have sustained both requirements that sexually oriented businesses be <br /> Jlocated at specified distances from each other, see Young, suora, (upholding distance <br /> requirement of 1000 feet between sexually oriented businesses), and requirements that <br /> sexually oriented businesses be located at fixed distances from other sensitive uses, <br /> J see Renton, -supra, (upholding distance requirement of 1000 feet between sexually <br /> oriented businesses and residential zones, single-or-multiple family dwellings, <br /> . churches, parks or schools). = - • . <br /> The Working Group heard testimony that when an ordinance establishes distances <br /> between sexually oriented uses, an additional regulation may be needed to prevent <br /> operators of these businesses to defeat the intent of the regulation by concentrating <br /> sexually oriented businesses of various types under one roof, as in a sexually oriented <br /> mini-mall. The city of St. Paul has adopted an ordinance preventing more than one <br /> adult use (e.g., sexually oriented theater, bookstore, massage parlor) from locating <br /> within a single building. A similar ordinance was upheld in the North Carolina case of <br /> Hart Book Stores, Inc. v. Edmisten, 612 F. 2d 821 (4th Cir. 1979), cert. denied, 447 U.S. <br /> 929 (1980). <br /> The experience with multiple-use sexually oriented businesses at the University- <br /> Dale intersection suggests that these businesses have a greater potential for causing <br /> neighborhood problems than do single-use sexually oriented businesses. Following <br /> Renton, it is suggested that lawmakers document the adverse effects which the <br /> • <br /> -39- <br />