CC PACKET 05231995 - Laserfiche WebLink

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STAFF REPORT DATE: May 16, 1995 TO: Planning Commission FROM: Kim Moore-Sykes, Management Assistant ITEM: Ordinance to Regulate Adult Use and Sexually Oriented Businesses BACKGROUND In October, 1994, the City Council discussed the possibility of amending the City's Code of Ordinances to include an adult use ordinance in the event that someone may be interested in locating such a business in St. Anthony. The courts have ruled that an owner of this type of business is protected under the First Amendment and that to severely restrict or prevent this business in a community, is clearly in violation of the U.S. Constitution. Where local governments have been sued because they prohibited or severely restricted an adult use business, the Courts have decided in favor of the owner of an adult use or sexually oriented business allowing them to collect lost profits and/or judgement awards. (Such was the case for the City of Ramsey in a recent decision by the Courts.) They have also said that a local government can regulate adult use and sexually oriented businesses through zoning, but not to the point where it would be impossible to do business. They can be allowed in certain zoning districts, regulated hours of operation and not within the proximity of a school, library, day care center, residential areas, liquor stores, etc. Since the Courts have indicated to local governments that they can only regulate, not restrict, adult use/sexually oriented businesses. The City Council, the City Manager, Staff and the City Attorney have been working to draft an amendment to the Zoning Ordinance that will regulate these businesses, which can be done through the following mechanisms: 1. Zoning Regulations. Zoning restrictions will only be upheld if the intent is to control secondary adverse effects on the surrounding community. Secondary adverse effects that have stood up to legal challenges have been: a. loss in private and commercial property values; b. increased criminal activity; and C. threats to public safety and health. 2. The Courts have ruled that local governments can adopt ordinances that are: a. content neutral in time, place and manner; b. serving substantial governmental interest (in other words, the local government must have a legitimate concern/reason for spotlighting this issue — control secondary adverse effects);