2002-07-02 P & Z Agenda - Laserfiche WebLink

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66!.12 MAR-B4-e2 11:~1 AM 66C.Ol 66C.02 P~02 I Severa~1li t:y , 'I Every .ection. provision or part of this ordinance is declared separable tram every other section, provision or ~art to the extent that if any ..ction, provision or part of t~ arGinine. shall be h.l~ invalid, such holding shall not invalidate any other section, provision Or part thereOf. I I I ssc. SEXUALL~ ORIENTED BUSINESSES I , , statement of Findin9s end Purpose. ~ The City recoqnizes that the exi5tence of Sexuall Oriented ausinesses within the City present unique pro~lem ,in a variety of a~eas, including crime prevention, profection of retail trade, meintenance of protection of the qUrlity of life in the City, and pUblic health concerns as e'result of sexually transmitted diseases. In particular, th~ city also recognizes pro~lems that other communities througbout the country have had with sexually Oriented Businesses!in terms of their location and effect upon adjoining neighborhoods. Finally, the City makes note of the spread of the!bsexUallY transmitted disease known as Acquired Immune Deti,_iancy Syndrome (AIDS), and the lack of any adequate curs or treatment for this disease. In order to provide ~or the general safety and welfare of the citizens of the! city of Spring Lake Park, the preservation of property va4ues, and to minim1~e public health risks, the City tinds it nFcessary to regulate Sexually Oriented Businesses in terms ofl their physical location, condition of the premises, and, the like. ! Definitions. 1 Whenever used in this section, the following word or phr~ses shall have the meanings ascribed to them: . (a) Adult-Only Bookstore; An establishment havin~ as a suh- stantial o.r significant portion of its stock in t~~ade, books, magazines, tilms for rent, sale or viewing on pre ises by use of motion picture devices or other coin-operated eens, and other periodicals which are distinguished or ehar~oterized by their principal emphases on matters depicting, dsCcribing or relating to nUdity, sexual conduct, sexual excitsFent or sadomasochistic abuse, as defined below, or an .~tablishm.nt with a segment Or section devoted to the sale, rental or display of such material, for sale or rental to patrons therein. A "sul:>stantial or signifioant portion" qf its stock in trade shall be deemed to exist if 10' or more df the 9ross revenue from the business is derived from such s~les or rental, or if 10% or more of the floor area of t~e building used for such purposes is occupiad by such stockJin trade. (b) Adults-only Theater: An enclosed building us;:rd rec;ularly and routinely tor presenting programs, materiol di,stlngui15hed or charac~erized by an empha5es on matter depiet~ng, descri~ing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined slow, for observation by patrons therein. -232.-