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<br /> <br /> <br />Thomas] . <br />N. Knutson <br />Thomas M. Scott <br />Elliott B. Knetsch <br /> <br /> <br />F. <br />Matthew J. <br />Soten M. Mattick <br />M. McCarron <br />Gina M. Brandt <br /> <br /> <br />'" Also licensed in Wisconsin <br /> <br />April 25, 2002 <br />VIA FACSIMILE AND U.S. MAIL <br /> <br />Mr. Dennis Welsch <br />City of Roseville <br />2660 Civic Center Drive <br />Roseville, Minnesota 55113-1899 <br /> <br />Re: Ordinances Regulating Sexually Oriented Uses <br /> <br />Dear Dennis: <br /> <br />The following letter is intended to inform you of the procedure for adoption of <br />ordinances regulating adult entertainment establishments and to provide you with background <br />information regarding what a city can and cannot regulate with respect to adult entertainment <br />businesses. <br /> <br />BACKGROUND REGARDING PERMISSIBLE MUNICIPAL REGULATIONS <br /> <br />The intent of placing zoning ordinance restrictions on sexually oriented businesses is to <br />regulate sexually oriented businesses, not pornography, in a content-neutral manner. Activities <br />occurring in an adult entertainment business are protected by the First Amendment and its <br />provision for freedom of speech. Thus, the Supreme Court has concluded that cities must <br />allow some reasonable opportunity for adult businesses to operate. Recent federal cases have <br />given some guidance regarding appropriate time, place, and manner restrictions placed on <br />sexually oriented businesses. <br /> <br />Regulations of adult businesses must serve a substantial governmental interest and must <br />allow for "reasonable alternative avenues of communication." An ordinance regulating adult <br />entertainment businesses may serve a substantial governmental interest where a city <br />appropriately relies on other cities' studies showing "adverse secondary effects" resulting from <br />the location of adult entertainment businesses, such as increases in crime and a decrease in <br />property values. A city is not required to produce its own study, but may rely on studies done <br />by other cities as a basis for enactment of zoning regulations, if the reliance is reasonable. <br /> <br />The more difficult question is determining what constitutes "reasonable alternative <br />avenues of communication." Courts have routinely upheld distance ordinances separating adult <br /> <br />317 <br /> <br /> <br />Center Curve ~ Eagan, MN 55121 <br />