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Ord98 2141
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Ord98 2141
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Last modified
10/11/2019 3:07:17 PM
Creation date
10/11/2019 3:07:13 PM
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CC Index
CC Index - Document Type
Ordinance
Agency Type
City Council
Date
5/11/1998
Description
ORDINANCE NO. 2141 ORDINANCE ADDING CHAPTER 18B TO THE CODE OF THE CITY OF REDWOOD CITY RELATING TO SEXUALLY ORIENTED BUSINESSES The Council of Redwood City does ordain as follows: SECTION 1. FINDINGS. This Council hereby finds and determines as follows: (a) This Council, in adopting this ordinance, takes legislative notice of the existence and content of the following studies concerning the adverse secondary effects of sexually oriented businesses in other cities: Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); Los Angeles, California (1977). This Council finds that these studies are relevant to the problems addressed by the City in enacting this ordinance to
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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 />
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