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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 /> '3y/~ I <br /> I <br /> . k <br /> I "adding obscenity-law violations to the list of RICO predicate crimes was not a mere <br /> -. <br /> ruse to sidestep the First Amendrnent.. Id. Without the relationship to proceeds of <br /> crime, a remedy which closed a facility for obscenity violations would be far less Iike1r <br /> to withstand constitutional scrutiny. I <br /> r <br /> RECOMMENDATIONS I <br /> 1. Prosecutors should use the public nuisance statute to enjoin I <br /> j operations of sexually oriented businesses which repeatedly violate <br /> laws pertaining to prostitution, gambling -or operating a disorderly I <br /> house. <br /> I I <br /> I III. ZONING <br /> I Zoning ordinances can be adopted to regulate the location of sexually oriented I <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 I <br /> zoning ordinances may be helpful to communities considering zoning to regulate <br /> I sexually oriented businesses. I <br /> I I <br /> I I <br /> [ I <br /> I I <br /> [ -30- -I <br /> I I <br />
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