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not contribute to an increase in crime rates or to the blighting or deterioration of the areas in <br /> which they are located or surrounding areas. The need for such special regulation is based <br /> upon recognition of the fact that sexually oriented businesses have certain operational <br /> characteristics which have a deleterious effect upon adjacent areas, particularly when such <br /> businesses are located in close proximity to each other, or to property devoted to such uses <br /> as parks, schools, and places of worship. <br /> <br /> (c) The locational requirements established by this ordinance do not unreasonably restrict the <br /> establishment or operation of constitutionally protected sexually oriented businesses in the <br /> City of Redwood City, and provide a sufficient reasonable number of appropriate locations <br /> for sexually oriented businesses. <br /> <br /> (d) In developing this ordinance, this Council has been mindful of legal principles relating to <br /> regulation of sexually oriented businesses and does not intend to suppress or infringe upon <br /> any expressive activities protected by the First Amendments of the United States and <br /> California Constitutions. This ordinance constitutes a reasonable time, place, and manner <br /> regulation of such activities for the purpose of addressing the adverse secondary effects of <br /> sexually oriented businesses. This Council has been advised of, and considered, decisions <br /> of the United States Supreme Court regarding local regulation of sexually oriented <br /> businesses, including but not limited to: Barnes v. Glenn Theater, 501 U.S. 560 (1991); <br /> FW/PBS, Inc. v. Dallas, 493 U.S. 215 (1990); Renton v. Playtime Theaters, 475 U.S. 41 <br /> (1986) (Reh. denied 475 U.S. 1132); Young v. American Mini Theaters, Inc., 427 U.S. 50 <br /> (1976) (Reh. denied 429 Ti.S. 873); United States Court of Appeals, 9th Cimuit, decisions, <br /> including but not limited to: Topanga Press, et al. v. City of Los Angeles, 989 F.2d 1524 <br /> (1993); several California cases including but not limited to: City of National City v. <br /> Wiener, 3Cal.4th 832 (1993); People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); and <br /> City of Valleio v. Adult Books, et al., 167 Cal.App.3d 1169 (1985); and other federal cases <br /> including: Hang on, Inc. v. Arlington (5th Cir. 1995) 65 F.3d 1248; Mitchell v. Commission <br /> on Adult Entertainment (3rd Cir. 1993) 10 F.3d 123; Lakeland Lounge v. City of <br /> Jacksonville (5th Cir. 1992) 973 F.2d 1255; International Eateries v. Broward County (1 lth <br /> Cir. 1991) 941 F.2d 1157; and Star Satellite v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074. <br /> <br />(e) This Council also hereby finds and determines that locational criteria alone do not <br /> adequately protect the health, safety, and general welfare of the citizens of the City of <br /> Redwood City and thus certain requirements with respect to the ownership and operation of <br /> sexually oriented businesses are in the public interest. In addition to the findings and <br /> studies conducted in other cities regarding increases in crime rates, decreases in property <br /> values and the blighting of areas in which such businesses are located, this Council also <br /> takes legislative notice of the facts recited in the case of Kov, Inc. v. Kitsay County, 793 <br /> F.2d 1053 (1986), regarding how the secondary effects of live adult entertainment results in <br /> secondary effects such as prostitution, drug dealing, and the occurrence of other law <br /> enforcement problems. <br /> <br />AdOrd-1 2 <br />fr/sh/sh/RC//ComDcv <br />04/22/98 <br />DES:rg <br /> <br /> <br />