Ord1998 1130-298 - Laserfiche WebLink

Browse Search

which they are located or surrounding areas. The need for such special regulation is based upon recognition of the fact that sexually oriented businesses have certain operational characteristics which have a deleterious effect upon adjacent areas, particularly when such businesses are located in close proximity to each other, or to property devoted to such uses as parks, schools, and places of worship. (c) The locational requirements established by this ordinance do not unreasonably restrict the establishment or operation of constitutionally protected sexually oriented businesses in the City of Redwood City, and provide a sufficient reasonable number of appropriate locations for sexually oriented businesses. (d) In developing this ordinance, this Council has been mindful of legal principles relating to regulation of sexually oriented businesses and does not intend to suppress or infringe upon any expressive activities protected by the United States and California Constitutions. This ordinance constitutes a reasonable time, place, and manner regulation of such activities for the purpose of addressing the adverse secondary effects of sexually oriented businesses. This Council has been advised of, and considered, decisions of the United States Supreme Court regarding local regulation of sexually oriented businesses, including but not limited to: Barnes v. Glenn Theater, 501 U.S. 560 (1991); FW/PBS, Inc. v. Dallas, 493 U.S. 215 (1990); Renton v. Playtime Theaters, 475 U.S. 41 (1986) (Reh. denied 475 U.S. 1132); Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976) (Reh. denied 429 Ti.S. 873); United States Court of Appeals, 9th Circuit, decisions, including but not limited to: Topanga Press, et al. v. City of Los Angeles, 989 F.2d 1524 (1993); several California cases including but not limited to: City of National City v. Wiener, 3Cal.4th 832 (1993); People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); and City ofValleio v. Adult Books, et al., 167 Cal.App.3d 1169 (1985); and other federal cases including: Hang on, Inc. v. Arlington (5th Cir. 1995) 65 F.3d 1248; Mitchell v. Commission on Adult Entertainment (3rd Cir. 1993) I0 F.3d 123; Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F.2d 1255; International Eateries v. Broward County (1 lth Cir. 1991) 941 F.2d 1157; and Star Satellite v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074. (e) This Council also hereby finds and determines that locational criteria alone do not adequately protect the health, safety, and general welfare of the citizens of the City of Redwood City and thus certain requirements with respect to the ownership and operation of sexually oriented businesses are in the public interest. In addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located, this Council also takes legislative notice of the facts recked in the case of Kov, Inc. v. Kksay County, 793 F.2d 1053 (1986), regarding the secondary effects of live adult entertainment such as prostitution, drag dealing, and the occurrence of other law enforcement problems. (f) This Council further finds, in part based upon its understanding of the documents and judicial decisions heretofore referenced, that: 1130.298 2