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<br /> States by the twenty-first amend- dary effects on the surrounding
<br /> ment. outweigh any first amend- community. .
<br /> ment inrerest in nude dancing.' The Renton co un held that
<br /> Wisconsin municipalities are ex. Notice to municipalities may rely upon the ex- I
<br /> pressly authorized by sec, 125.10(1) Attorneys perience of other cities in conclu.d-
<br /> to prescribe additional regulations ing that adult entertainment
<br /> for the sale of alcohol beverages Th businesses have negative "secondary
<br /> 1 which are not in conflict with ch. effects." In other words, a munici- I
<br /> 125. Pursuant to this authority, pality. before enacting an adult en-
<br /> I therefore, municipalities probably tenainment zoning ordinance, need
<br /> may adopt ordinances prohibiting not conduct new studies or produce I
<br /> nude dancing in establishments evidence independent of that ai-
<br /> r 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 I
<br /> dancing in bars should make it clear be relevant to the problem that the
<br /> in their ordinances that they are city addresses. ".
<br /> proceeding under sec. 125.10(1) to In addition, an adult entertain- I
<br /> regulate the circuIt15tances 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 the Location of words, municipalities must refrain
<br /> Adult Entertainment Businesses - from adopting zoning ordinances
<br /> A second way municipalities may that in effect deny persons a
<br /> regulate adult entertainment busi- reasonable opportuniry to open and I
<br /> nesses is to restrict the location of operate adult entertainment busi-
<br /> such businesses through zoning or- nesses within the community.1O
<br /> dinances which disperse them 3. Licensing Adult Entertainment.
<br /> throughout the community or con- Businesses - A third technique I
<br /> centrate them in a panicular area. feet of any residential zone, single- municipalities may use to regulate
<br /> There are two landmark U,S. adult entertainment businesses is to
<br /> Supreme Court cases upholding the or multiple-family dwelling, church, require that such businesses obtain
<br /> I constitutionality of zoning resuic- park or school." The ordinance in operating licenses, The courts have I
<br /> tions on the location of adult .enter- effect restricted the location of held that municipalities may adopt
<br /> tainment businesses. adult theaters to a 520 acre area wi- ordinances which require adult en-
<br /> In the Young decision (1976)', the thin the city, tertainment businesses to obtain 1
<br /> 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 /> , guidelines which municipalities must
<br /> I zoning ordinance which prohibited tailored to further a substantial
<br /> locating an adult theater within ' follow when adopting adult enter- governmental interest unrdated 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 sion.11
<br /> hotels, motels, cabarets featuring zoning ordinance must be to control Cominued on next page I
<br /> nude dancers, bars) or within 500 the Hsecondary effectsll of adult en~
<br /> feet of any residential zone, tertainment businesses rather than
<br /> Most recently, in the City of Ren- to suppress sexually explicit expres-
<br /> ton case (1986)' the court upheld a sian. H5econdary effects" usually . Ciry of Remon, supra. 475 U.S. at 1].52. I
<br /> municipal zoning ordinance which associated with adult entenainment I. For more information on adult entenain.
<br /> prohibited the location of adult mo- businesses include urban blight, mem zoning regulations see P. Rohan. Zon-
<br /> tion picture lheaters "within 1,000 neighborhood deterioration, in- ing and Land Use Controls. s~. 1l.01, et
<br /> seq, (1990),
<br /> creased crime, lowering of adjacent " See Genusa v. Ciry of Peoria, 619 F.ld I
<br /> J Id. property values, loss of retail estab- 1203 (7th Cir. 1980); Suburban Video, Inc.
<br /> . See Lic~nsing and R~gulatian 1362, which lishments and similar problems. " City oj Delajitld, 694 F.Supp. 585 (E,D,
<br /> was published in the October 1987 issue of Prior to adopting an adult enter- Wis. 1988). where rhe District Court upheld
<br /> lhe MunicipalilY. tainmem zoning ordinance a the constitutionality of (he City or I
<br /> 1 Young v. American ....{ini Theatres, Inc.. municipal governing body must en- DelaJield's adult en(ert::!.inmenl licensing or-
<br /> dinance bec::!.use it constituted a narrowly
<br /> 427 U.S, 50 [l976), gage in legislative fact-finding which tailored means of furthering the city's sub. .
<br /> . City of Renron Y. Playtime Theatus. Inc.. establishes that adult emerrainmem st:Jnl!al inlerest in sanitation and prolecting 1
<br /> 475 U.S, 41 (1986), business'es have undesirable secon- ag~in.sl the spread of .-\105.
<br /> the Municipality December 199Q 433
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