|
<br /> 'Z/~ I
<br /> '. I
<br /> states by the twenty.first amend. dary eifects on the surrounding .
<br /> ment. outweigh any first amend. community.
<br /> ment interest in nude dancing.! The Renton court held that
<br /> Wisconsin municipalities are ex~ Notice to municipalities may rely upon the ex- I
<br /> pressly authorized by sec. 125.1O( I) Attorneys perience of other cities in conclwd.
<br /> to prescribe additional regulations ing that adult entertainment
<br /> for the sale of alcohol beverages Th businesses have negative "secondary I
<br /> I which are not in conflict with ch. effects. II In other words, a munici.
<br /> , 125. Pursuant to this authority, pality. before enacting an adult en-
<br /> ( therefore, municipalities probably tenainment zoning ordinance, need
<br /> may adopt ordinances prohibiting not conduct new studies or produce 1
<br /> nude dancing in establishments evidence independent of that aI-
<br /> I licensed to sell alcohol beverages.' ready generated by other cities, "so
<br /> However, municipalities that long as whatever evidence the city
<br /> adopt ordinances banning nude relies upon is reasonably believed to .
<br /> dancing in bars should make it clear be relevant to the problem that the
<br /> in their ordinances that they are city addresses. "9
<br /> proceeding under sec. ] 25.10(1) to In addition, an adult entertain. I
<br /> regulate the circumstances under ment zoning ordinance must, in
<br /> which alcohol beverages are sold order to pass constitutional muster,
<br /> and are not attempting to regulate leave open adequate alternative
<br /> obscenity. avenues of communication. In other I
<br /> 2. Regulating tbe Location of words, municipalities must refrain
<br /> Adult Entertalnment Businesses _ from adopting zoning ordinances
<br /> A second way municipalities may that in effect deny persons a
<br /> regulate adult entertainment busi- reasonable opportunity to open and I
<br /> nesses is to restrict the location of operate adult entertainment busi-
<br /> such businesses through zoning or- .i5~. neSSes within the community.1O
<br /> dinances which disperse them ~ii~ 3. Licensing Adult Entertainment. I
<br /> throughout the community or con- Businesses - A third technique
<br /> centrate them in a particular area. feet of any residential zone, single. municipalities may use to regulate
<br /> There are two landmark V,S. adult entertainment businesses is to
<br /> Supreme Court cases upholding the or multiple-family dwelling, church, require that such businesses obtaln I
<br /> constitutionality of zoning restric- park or school." The ordinance in operating licenses. The courts have
<br /> tions on the location of adultenter- effect restricted the location of held that municipalities may adopt
<br /> I tainrnent businesses. adult theaters ro a 520 acre area wi. ordinances which require adult en-
<br /> In the Young decision (1976)', the thin the city. tertainment businesses to obtain I
<br /> I Supreme Court upheld the constitu- The Young and Renton decisions operating licenses as long as the
<br /> tionality of the city of Detroit's established several constitutional licensing requirements are narrowly
<br /> I zoning ordinance which prohibited guidelines which municipaliries must railored to further a substantial
<br /> locating an adult theater within follow when adopting adult enter- governmemal interest unrelated to I
<br /> I 1,000 feet of any two other "regu- tainment zoning restrictions. the suppression of protected expres-
<br /> lated uses' (e.g., adult bookstores, To begin with, the purpose of the sian.11
<br /> hotels, morels, cabarets featuring zoning ordinance must be to control Continued on next page I
<br /> nude dancers, bars) or within 500 the "secondary effects" of adult en-
<br /> feet of any residential zone. tertainmenr businesses rather than
<br /> Most recemly, in the City of Ren- to suppress sexually explicit expres-
<br /> Ion caSe (1986)' the court upheld a sian. HSecondary effects!> usually . Ciry of Renton, supra. 475 U.S. at 51~S2. I
<br /> municipal zoning ordinance which associated with adult entertainmem " for more in{ormadon on adult entenain-
<br /> prohibited the location of adult mo- businesses include urban blight, ment zoning regulations see P. Rohan. Zon-
<br /> tion picture lheaters "within 1,000 neighborhood deterioration, in. ing and Land Use Controls, sec. 11.01, c[
<br /> creased crime, lowering of adjacent seq. (1990), I
<br /> property values, loss of retail estab- II S.ee Genusa Y. Ciry of Peoria, 619 F.2d
<br /> lId, 1203 (7th Cir. 1980); Suburban Video, Inc,
<br /> . Sce LicenSing and Regulation #362, which lishments and similar problems. v. CilY of Delafitld, 694 F.Supp. 585 (E.n.
<br /> was published in [hc October 1987 issue of Prior to adopting an adult enter- Wis, 1988). where the District Coun uphdd .
<br /> Ihe- Municipalily. tainment zoning ordinance a the constitutionality of the Cicy or
<br /> municipal governing body must en. D~latield's ~duh ~nten:linmem licensing OT-
<br /> , Young Y. Amuican ."dini Theatres, Inc., din."" beeau,e i, eonHi,u<ed . nmowly .
<br /> 427 U.S. 50 (]976), gage in legislative fact-finding which IJilor~d means or furthering the city's sub.
<br /> . City of Renron II. Playrime Theatres. Inc.. establishes that adult entertainment stJnlial jnt~rest in sanit.J.tion and protecting I
<br /> 475 U.S. 4] 119861. businesses have undesirable secon- .J.gainst the spread of ArDS.
<br /> the Municipalily December 199{1 433
<br /> I
<br /> -
<br />
|