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04-03-1996
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04-03-1996
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MV City Council
City Council Document Type
City Council Packets
Date
4/3/1996
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• <br /> • primary responsibility of law enforcement rather than the Planning Commission <br /> or other City staff. Also, it is unlikely that the Council could enact <br /> ordinances which more broadly define "obscenity" then those currently <br /> contained in or projected for the. RCO. The existing state statutes and local • <br /> RCO have been drafted to encompass the maximum scope of sexually expressive <br /> activities under the guidelines of the Miller decision noted earlier. <br /> Vigorous •enforcement of existing laws and ordinances rather than edeitional <br /> legislation is the regulatory option available for truly "obscene" materials <br /> or activities. <br /> 5. Other Potential Regulatory Approaches <br /> Various other regulatory tools have potential applications in addressing the <br /> problems posed by adult entertainment uses. Because they tend to complement <br /> rather than replace the other techniques noted earlier, we will briefly list <br /> then for your information and consideration: - <br /> a) Signs and Storefront Displays <br /> Since aesthetics and the preservation of the quality of unity <br /> life are recognized as valid zoning objectives, adult use zoning <br /> ordinances may include limitations on the size and character of <br /> signs designating sexually-oriented businesses (See, The Law of <br /> Zoning and Planning, Section 17B.02,7(a) ) . Although signs and <br /> 111 window displays are modes of expression and therefore implicate <br /> First Amendment rights, as--a form-of "caanercial. <br /> speech", they <br /> are accorded a lesser degree of First Amenxnent protection. <br /> b) Interior Regulations <br /> Regulations prohibiting enclosure or complete concealment of the <br /> interior of mini-:envie and peep show booths have been upheld by the <br /> courts as legitimate deterrents against offensive or unlawful conduct <br /> within the booths. Similarly, the courts have upheld a <br /> Minneapolis ordinance which regulated the manner in which certain <br /> sexually explicit material deemed "harmful to minors" was <br /> displayed for sale. <br /> c) Exterior Regulations <br /> As in the case-oma sign ordinances,-courts have upheld the - <br /> constitutionality of rest,rictions-on the exterior appearance and <br /> design of adult uses. <br /> d) Time Restrictions <br /> Regulations which restrict an adult business's hours of operation <br /> have often failed to relate adequately to the objectionable <br /> secondary effects of these businesses in a manner which is deemed <br /> by the courts to be the least intrusive on constitutionally <br /> protected activities. While some schemes es have been upheld, others <br /> have been found to be unconstitutional. <br /> e) Public Nuisance Actions <br /> Minnesota Statutes authorize curt actions to enjoin the <br /> . • continued operation of businesses which have a record of engaging in <br /> illegal activity such as prostitution. M.S.Section 617.80-517.87 <br /> Specific examples of communities which have employed each of these techniques <br /> are available in the materials assembled by the staff in ,the preparation of <br /> this report. <br />
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