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~ I - '1/~ '. , '. I I made, Although the Dallas or- ne5ses is to restrict their hours of dinances typically indude the fol. dinance provided that the chief of operation. lowing requirements: (I) individual. I police must approve the issuance of Although I could not locate any motion picture viewing booths must I j the license within 30 days after Wisconsin cases or 7th Circuit deci. be without doors and the occupant I receipt of the application, the sions on this regulatory option, visible, (2) only one person at a- t license would not be issued if the other authorities suggest that time may occupy a viewing booth, , premises were not inspected by the municipalities may adopt ordinances (3) walls separating booths must be . I health department, fire department regulating the hours of operation of free of holes. cracks Or other open- and the building inspector. adult entertainment businesses when ings through which persons in ad. r Since the ordinance did not set a adequate justification for such time joining booths could engage in time limit within which the inspec- restrictions exist (i.e., when sllch sexual activity, (4) each booth must 1 tions must occur, the Court found restrictions advance substantial be kept dean and sanitary, and (5) that the Dallas scheme did not pro- governmental interests not related minimum lighting requirements vide for an effective limitation on to censorship)." must be maintained. I the time within which the licensor's In a fairly recent case the Fifth The courtS have consistently up- decision must be made and there- Circuit U.S. Court of Appeals up- held the constitutionality of such fore allowed for indefinite post- held the constitutionality of, a City health or "open booth" regula- ponement of the issuance of the of Biloxi, Mississippi ordinance tions. Recently the 7th Circuit U.S. I license. which restricted the hours of opera- Court of Appeals upheld an or- Finally, a municipal adult enter- tion of "regulated uses" (e.g. adult dinance designed to curtail anony- tainment licensing scheme must aiso entertainment businesses) to the mous high-risk sexual activities and provide the opportunity for prompt hours of 10 A.M. to 12 midnight, the spread of AIDS, by regulating 1 judicial review in the event that the Mondays through Saturdays, and the design and structure of adult license is erroneously denied. City required such regulated uses to re- entertainment businesses. III of Dallas, supra. In City of Dallas, main dosed on Sundays." The ordinance prohibited patti- I the Supreme COUrt held Dallas' The COUtt conduded that the or- tions with holes designed to en- licensing ordinance unconstitutional dinances time of operation restric- courage sexual activity between for the additional reason that it tions were not in violation of the persons on either side of the parti- failed uto provide an avenue for first or fourteenth amendments be- tion and required that booths used . . prompt judicial review." It cause they furthered a significant for the viewing of motion pictures In Wisconsin a statute exists community interest (Le., the welfare have at least one side open to an which provides applicants for of municipal neighborhoods) and adjacent public room so that the in- municipal licenses with the oppottu- did not constitute a broad ban on side of the booth remains visible to I nity for prompt judicial review of a the availability of sexually explicit persons in the public area. license denial. Chapter 68, Stats., speech throughout the community. A City of Delafield "open the municipal administrative proce- Municipal officials should be booth" ordinance similar to the one dure act, provides a procedure aware, however, that at least two upheld in Berg was recently found I whereby any person having a sub- state supreme COUtts have reached constitutional by a federal district stantia! imerest which is adversely the opposite conclusion and held court. H affected by a municipal admlnistra- that municipal restrictions on the Piease turn to page 439 I tive determination, including the hours of operation of adult enter- graming or denial of a license, may tainment businesses were uncon- obtain review of the determination. stitutional because the regulations 10 See Capitol A10vies Inc. v. City of Posscic. Persons aggrieved by a municipal did not further a legitimate govern- 194 N.J. Super. 298, 476 A.2d 869 (App, I ! administrative determination may mental inrerest. It Div. ] 984) (ordinance limiting the showing Q("X4ta[ed" movies to [he hours of 7:00 initially have the decision reviewed 5. Health or uOpen Booth" P ..\1. 10 midnight muck do.....n as unconstitu- by the decision making officer, em- Regulations - An additional donal where ,here was no evidence that there I ploye Or body. Sec. 68.08 thru method available to municipalities was any legitimate governmental interest 68.10. Aggrieved persons may then for regulating adult emertainment which might be advanced by the restriction); obtain judicial review of any final businesses is to adopt ordinances Pf:ople v. Glaze. 27 CaUd 1141, 614 P.2d 291 (l980) (Los Angelcs ordinance requiring municipal administrative determina- which regulaee the physical layout closure of adult motion picture arcades be. I tions. Sec. 68.13. of such establishments for health tween 2:00 A..\1. and 9;00 A.M. struck. down 4. Restricting the Hours of Oper. and sanitation purposes. as unconstitutional since lhe time restriction ation of Adult Entertainment Busi. Such health and sanitation or- could not be justified by government lmeresr nesses - Another way in pre\'enting masturbation or by [he limited I number of police available during [hat time,) municipalities might be able to II See P. Rohan, Zoning and Land Use Can- lO Berg l'. Health and Hasp"al Corpora/ion regulate adult ~ntertainmenr busi- IrO/, sec. ] 1.02( I} (1990); :\kQuillin. Mun, oj.Harian COLlI1lY, Ind., 865 F,ld 797 (7th . Corp., sec. 2.UZJa.15 (Jrd Ed.l. Cir. J9R9l. ,. Star Saul/ile, Inc. I'. City of Si/oxi, 779 :t Suburban Fidt'o. Inc. I'. CiIY 0/ Df:lafi~/d, . t. /d., at 606. f.2d 1074 (51h Cir. 1986). 69~ F.Supp 585 (E.D. \\'is. 1988). the Municip~Ii!)' December 19.90 435 I ~