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CCP 11-16-1995
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CCP 11-16-1995
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5/8/2007 1:10:41 PM
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<br /> ~'f/~ - <br /> .- <br /> t "adding obscenity-law violations to the list of RICO predicate crimes was not a mere <br /> I <br /> ruse to sidestep the First Amendment.. Id. Without the relationship to proceeds of I <br /> crime, a remedy which closed a facility for obscenity violations would be far less likely- <br /> to withstand constitutional scrutiny. - <br /> ;' <br /> RECOMMENDATIONS I <br /> 1. Prosecutors should use the public nuisance statute to enjoin I <br /> : operations of sexually oriented businesses which repeatedly violate <br /> laws pertaining to prostitution, gambling 1lr operating a disorderly I <br /> house. <br /> I I <br /> i <br /> III. ZONING <br /> I Zoning ordinances can be adopted to regulate the location of sexually oriented - <br /> I businesses without violating the First Amendment. Such ordinances can be designed -. <br /> I to disperse or concentrate sexually oriented businesses, to keep them at designated <br /> distances from specific buildings or areas, such as churches, schools and residential I <br /> I neighborhoods or to restrict buildings to a single sexually oriented usage. Because <br /> zoning is an important regulatory tool when properly enacted, the Working Group <br /> I believes a careful explanation of the law and a review of potential problems in drafting . <br /> zoning ordinances may be helpful to communities considering zoning to regulate <br /> I sexually oriented businesses. I <br /> [ I <br /> I - <br /> I I <br /> I I <br /> I -30- -. <br /> I - <br />
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