1997.04.21 RESO 1997-0007 - Laserfiche WebLink

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CITY OF HUGO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 1997-7 A RESOLUTION ESTABLISHING FINDINGS OF FACT THAT ZONING REGULATIONS OF SEXUALLY ORIENTED BUSINESSES ARE NECESSARY TO MINIMIZE THE SECONDARY ADVERSE EFFECTS OF SUCH BUSINESSES IN THE CITY OF HUGO. BE IT RESOLVED by the City Council of the City of Hugo as follows: LEGAL BACKGROUND WHEREAS, the Hugo City Council has been provided with background information on sexually oriented businesses which, in summary fashion, is as follows: 1. The United States Supreme Court in its decisions of Yount v. American Mini Theaters, 96 S. Ct. 2440 (1976), and City of Renton v. Playtime Theaters, 106 S. Ct. 925 (1986) has held that sexually oriented businesses engaged in the offering of adult fare characterized by an emphasis on matter depicting specified sexual activities and anatomical areas may not be completely prohibited from doing business within cities by municipal ordinances. 2. The Supreme Court has further held that municipalities may regulate sexually oriented businesses with lawfully enacted content -neutral time, place and manner zoning and licensing ordinances if said regulations are not merely a pretext for completely prohibiting within a City sexually oriented businesses based on the content of the material being offered. 3. The Supreme Court has concluded that lawful content neutral time, place and manner regulations may have as their focus the minimization of the adverse secondary effects on a community generated by the location and operation of a sexually oriented business within a community. Adverse secondary effects are oriented as: A. Increased incidence of crime; B. Diminution of property values within the community and especially the values of those properties adjacent to or in close proximity to the sexually oriented business; and, C. Increased risk for the spread of sexually transmitted diseases.