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<br />EXTRACT OF MINUTES OF MEETING OF THE <br />CITY COUNCIL OF THE CITY OF ROSEVILLE <br /> <br />Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of <br />Roseville, County of Ramsey, Minnesota, was held on the 6th day of May, 2002, at 5:30 p.m. <br /> <br />The following members were present: Schroeder, Maschka, Klausing, Kough, Kysylyczyn <br />And the following were absent: None <br /> <br />Council Member Kysylyczyn introduced the following resolution and moved its adoption: <br /> <br />RESOLUTION NO. 9992 <br />RESOLUTION ESTABLISHING FINDINGS OF FACT THAT <br />ZONING REGULATIONS OF SEXUALLY ORIENTED BUSINESSES ARE <br />NECESSARY TO MINIMIZETHE SECONDARY ADVERSE AFFECTS OF SUCH <br />BUSINESSES IN THE CITY OF ROSEVILLE <br /> <br />BE IT RESOLVED by the City Council of the City ofRoseville as follows: <br /> <br />LEGAL BACKGROUND <br /> <br />WHEREAS, the Roseville Planning Commission/City Council has been provided with <br />background information on sexually oriented businesses which, in summary fashion, is as <br />follows: <br /> <br />1. The United States Supreme Court in its decision of Young v. American Mini <br />Theaters, 106 S.Ct. 925 (1986) has held that sexually oriented businesses engaged <br />in the offering of adult fare characterized by an emphasis on matter depicting <br />specified sexual activities or anatomical areas may not be completely prohibited <br />from doing business within cities by municipal ordinances. <br /> <br />2. The Supreme Court has further held that municipalities may regulate sexually <br />oriented businesses with lawfully enacted content-neutral time, place and manner <br />zoning and licensing ordinances if said regulations are not merely a pretext for <br />completely prohibiting within a City sexually oriented businesses based on the <br />content of the material being offered. <br /> <br />3. The Supreme Court has concluded that lawful content-neutral time, place and <br />manner regulations may have as their focus the minimization of the adverse <br />secondary effects on a community generated by the location and operation of a <br />sexually oriented business within a community. Adverse secondary effects are <br />defined as: <br /> <br />a. Increased incidence of crime, <br />b. Diminution of property values within the community and especially the <br />values of those properties adjacent to or in close proximity to the sexually <br />oriented business, and <br />c. Increased risk for the spread of sexually transmitted diseases. <br />