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<br />EXTRACT OF MINUTES OF MEETING OF THE <br />CITY COUNCIL OF THE CITY OF ROSEVILLE <br /> <br /> <br />Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, <br />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 NECESSARY TO <br />MINIMIZETHE SECONDARY ADVERSE EFFECTS OF SUCH BUSINESSES IN THE CITY <br />OF ROSEVILLE <br /> <br />BE IT RESOLVED by the City Council of the City of Roseville as follows: <br /> <br />LEGAL BACKGROUND <br /> <br />WHEREAS, the Roseville Planning Commission/City Council has been provided with <br />background infonnation on sexually oriented businesses which, in summary fashion, is as follows: <br /> <br />I. The United States Supreme Court in its decision of Young v. American Mini Theaters, <br />106 S.Ct. 925 (1986) has held that sexually oriented businesses engaged in the offering of <br />adult fare characterized by an emphasis on matter depicting specified sexual activities or <br />anatomical areas may not be completely prohibited from doing business within cities by <br />municipal ordinances. <br /> <br />2. The Supreme Court has further held that municipalities may regulate sexually oriented <br />businesses with lawfully enacted content-neutral time, place and manner zoning and <br />licensing ordinances if said regulations are not merely a pretext for completely <br />prohibiting within a City sexually oriented businesses based on the content of the <br />material being offered. <br /> <br />3. The Supreme Court has concluded that lawful content-neutral time, place and manner <br />regulations may have as their focus the minimization of the adverse secondary effects on <br />a community generated by the location and operation of a sexually oriented business <br />within a community. Adverse secondary effects are defined as: <br /> <br />a. Increased incidence of crime, <br />b. Diminution of property values within the community and especially the values of <br />those properties adjacent to or in close proximity to the sexually oriented <br />business, and <br />c. Increased risk for the spread of sexually transmitted diseases. <br /> <br />100153 <br />