Loading...
HomeMy WebLinkAbout8A - Issues with Adult Uses AGENDA #: PREPARED BY: SUBJECT: DATE: "" INTRODUCTION: DISCUSSION STAFF AGENDA REPORT SA J- DONALD RYE REGULATION OF ADULT USES AUGUST 7,1995 Council requested staff to investigate the possibility of regulating adult uses following a newspaper article which indicated that an adult bookstore had considered locating in Prior Lake. Adult uses, also known as sexually oriented businesses, have generated considerable discussion in recent years, particularly since the publication of a report by the Attorney Generals office in 1989 entitled Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses. This report discussed the impacts of adult uses in several cities ( including Minneapolis and St. Paul), described the frequent connections between adult uses and organized crime,discussed various legal remedies a community might pursue and paid particular attention to licensing and zoning as means of regulating such uses. , The report concluded that there are many actions which a community may take legally to protect its citizens from the adverse secondary effects of adult uses.lt is well established that a city cannot simply prohibit adult uses. Such uses have certain rights under the First Amendment and case law to date has established that a city may only regulate the time, place and manner of doing business by adult uses. Methods of Regulation The two principal regulatory tools a city has are zoning and licensing. Some city's use one method and some the other while other city's use both. The Attorney General's report recommended that both methods be used. Zoning regulations determine where the businesses may be located and usually include distance separation requirements from such uses as churches, schools, housing, day care facilities, liquor sales and other adult uses. The ordinances also deal with signage and display of products to the public. Most communities restrict adult uses to certain commercial or industrial districts and attempt to keep them within as small an area as possible. It is 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTIJNITY EMPLOYER important that enough land be available for adult uses because, in several cases, city's have lost court challenges because their ordinances were too restrictive. The problem in Prior Lake is the relatively small amount of commercially or industrially zoned land.lf spacing requirements are applied to the commercial districts, virtually no land is available for such uses, and as noted above, a reasonable amount of land must be made available. Courts have upheld ordinances which allowed for as little as 1.2%) of a city's land area to be available for adult uses. In Prior Lakes case, this would amount to approximately 120 acres. It should be noted that every community is different and what was found to be acceptable in one case may not be in another. There are three basic approaches the City may take in treating adult uses in the zoning ordinance: 1. Allow adult uses in the B-2 and B-3 zoning districts. The difficulty with this approach is the small size of these zoning districts and the likely inability to establish effective spacing requirements. For this reason, adult uses would be treated much like any other use permitted in these districts. 2. Allow adult uses only in the A-1 Agricultural District. At first glance, this seems like an odd idea but in this district, non-residential uses have a 40 acre minimum lot size and this would clearly remove such uses from proximity to residential neighborhoods and would arguably minimize the potential adverse impacts of such uses. 3. Enter into a joint powers agreement with Savage and/or Shakopee to regulate adult uses under a common ordinance. This would have the likely advantage of offering sufficient land for adult uses so as to avoid a challenge on the basis of insufficient land availability. Licensing The purpose of licensing is to provide for monitoring and accountability related to the ownership and operation of the business. License approval must be provided within a reasonable period of time and revocation or denial of a license must be subject to judicial review. Licensing may cover hours of operation, interior layout requirements such as prohibiting doors or curtains on peep booths, minimum lighting levels and signage . In addition, both the business itself and individual employees may be licensed. Typically, licensing would require a background investigation similar to that carried out in conjunction with a liquor license application. Moratorium on Adult Uses Minnesota Statutes 462.355, Subd. 4, provides that a city may adopt an interim ordinance for the purpose of protecting a planning process designed to consider adopting amendments to the comprehensive plan or zoning ordinance. During the duration of the interim ordinance (which may be adopted for one year and extended for up to 18 months), the City may restrict or prohibit any use in the community. In this case, the City could adopt an interim ordinance prohibiting the establishment of any adult uses until the study was completed and regulations had been adopted. : ISSUES The issue is whether the City Council feels that the required staff time should be invested in developing an ordinance to regulate adult uses. Considerable information and research is available to assist in this effort if Council decides to pursue this issue. ALTERNATIVES: 1.Do nothing 2.Direct staff to conduct a study and develop a recommended ordinance amendment regulating adult uses 3.Direct staff to prepare an interim ordinance prohibiting the establishment of adult uses and to conduct a study and develop a recommended ordinance amendment regulating adult uses within the moratorium period. RECOMMENDATION: Staff recommends Alternative 3. ACTION REQUIRED: oyles, City Manager