CCP 11-16-1995 - Laserfiche WebLink

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52( 'l)a . I I r There are no comparable constitutional issues raised by enacting or enforcement I . of forfeiture statutes based on violations of prostitution, gambling, or liquor laws. The I legislature may require sexually oriented businesses which violate these laws to forfeit- their profits. The Working Group believes that such an expansion of forfeiture laws I would give prosecutors greater leverage to control the operation of those businesses which pose the greatest danger to the community. I RECOMMENDATIONS I 1. The legislature should amend the present forfeiture statute to I include as grounds for forfeiture all felonies and gross misdemeanors pertaining to solicitation, Inducement, promotion or receiving profit from I prostitution and operation of a "disorderly house." 2. The legislature should consider the potential for a RICO-like I statute with an obscenity predicate. e. 8. NUISANCE INJUNCTIONS I Minnesota law enforcement authorities may obtain an injunction and close down operations when a facility constitutes a public nuisance. A public nuisance exists when I a business repeatedly violates laws pertaining to prostitution, gambling or keeping a "disorderly house." The Minnesota public nuisance law penmits a court to order a I building to be closed for one year. Minn. Stat. H 617.80-.87 (1988). Nuisance injunctions to close down sexually oriented businesses which repeatedly . violate laws pertaining to prosecution, gambling or disorderly conduct are potentially . powerful regulatory devices. The fact that a building in which prosecution or other offenses occur houses a sexually oriented business does not shield the facility from application of nuisance law based on such offenses. Arcara v. Cloud Books, Inc., 478 I U.S. 697, 106 S. Ct. 3172 (1986) (First Amendment does not shield adult bookstore I -28- ~I I . -