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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 /> n I <br /> C-(o/~ .1 <br /> I This section fjrst describes some of the legal considerations which communities <br /> must keep in mind in drafting zoning ordinances for sexually oriented businesses. . <br /> Then, some suggestions are provided, based on evidence reviewed by the Working " <br /> Group, of types of zoning which can be enacted to reduce the secondary effects of I <br /> sexually oriented businesses. <br /> I <br /> 1. Documentation to Support Zoninq Ordinances I <br /> Sexually oriented speech which is not obscene cannot be restricted on the basis of I <br /> its content without running afoul of the First Amendment. The justification for regulating <br /> . <br /> sexually oriented businesses is based on proof that the zoning is needed to reduce <br /> secondary effects of the businesses on the community. I <br /> ! <br /> , <br /> " Since Renton, a number of adult entertainment zoning ordinances have been <br /> , <br /> p invalidated for failure of the enacting body to document the need for zoning regulations. <br /> u Thus, one court invalidated a zoning ordinance because there was "very little, if any, -, <br /> " evidence of the secondary effects of aduit bookstores. . . before the City Council. . . ." <br /> " <br /> . <br /> r I <br /> ! <br /> . <br /> l I <br /> [ I <br /> r I <br /> I . <br /> I I <br /> ( I <br /> -. <br /> I <br /> -36- <br /> I I <br /> - <br />
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