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10.151(2)—(5)(a)
<br /> •
<br /> v. Kansas City, 707 F. Supp. 1090 (W.D. Mo. (e) It is the intent of this section to protect the
<br /> 1989); City of Vallejo v. Adult Books, 167 Cal. health, safety and welfare of the citizens of Dane
<br /> App. 3d xxx (1st Dist. 1985); County of Cook v. County and to further preserve the quality of life
<br /> Renaissance Arcade & Bookstore, 122 III 2d 123 and to preserve the urban and rural
<br /> (1988); Derusso v. City of Albany, NY, 205 F. characteristics of its neighborhoods. The intent
<br /> Supp. 2d 16 (N.D. N.Y. 2002); Mom N Pops, Inc. of the Adult Entertainment Overlay District is to
<br /> v. City of Charlotte, 979 F. Supp. 372 (W.D. N.C. regulate the location of such establishments; and
<br /> 1997); Venture I, Inc. v. Orange County, Tex., (f) 1. Nothing in this section shall be construed
<br /> 947 F. Supp. 271 (E.D. Tex. 1996); Community to permit the regulation of any activities
<br /> Visual Communications, Inc. v. City of San conducted in adult entertainment establishments
<br /> Antonio, 148 F. Supp. 2d 764 (W.D. Tex. 2000); which are entitled to protection under the First
<br /> Bronco's Entertainment, Ltd. v. Charter Tp. of Amendment of the United States Constitution,
<br /> Van Buren, 421 F.3d 440 (6th Cir. 2005); including:
<br /> Brandywine, Inc. v. City of Richmond, Kentucky, a. plays, operas, musicals or other dramatic
<br /> 359 F.3d 830 (6th Cir. 2004); Holmberg v. City of works that are not obscene;
<br /> Ramsey, 12 F.3d 1413 (8th Cir. 1994); Wooster b. classes, seminars, or lectures which are
<br /> v. Entertainment One, Inc., 158 Ohio App. 3d held for a serious scientific or educational
<br /> 161 (2004); Grand Brittain, Inc. v. City of purpose and that are not obscene.
<br /> Amarillo, Tex., 27 F.3d 1068 (5th Cir. 1994); c. rental or sale of video cassettes, DVD.
<br /> Tollis, Inc. v. City of County of San Diego, 505 videodiscs, or other electronic media for private
<br /> F.3d 935 (9th Cir. 2007); as well as finding from viewing off the premises.
<br /> papers, articles, studies and information from 2. Whether or not an activity is obscene shall
<br /> other communities including, but not limited to, be judged by consideration of the following
<br /> Fort Worth & Dallas, Texas; Palm Beach County, factors:
<br /> Florida; Garden Grove, California; Austin, Texas; a. whether the average person, applying
<br /> Phoenix, Arizona; Indianapolis, Indiana; and Los contemporary community standards, would find
<br /> Angeles, California, the County of Dane, relying that the activity taken as a whole appeals to
<br /> upon the experience of other local governments prurient interest in sex; •
<br /> in this state and throughout the country, finds as b. whether the activity depicts or describes
<br /> follows: sexual conduct in a patently offensive way, as
<br /> (a) That adult entertainment establishments measured against community standards; and
<br /> may have an adverse secondary effect on the . c. whether the activity taken as a whole lacks
<br /> surrounding community because the sexual serious literary, artistic, political or scientific
<br /> nature of the business may, regardless of the value.
<br /> intentions of the proprietors, attract persons (3) The overlay district shall apply only to all
<br /> seeking prostitution or unlawful drugs, or who lands zoned M-1 Industrial.
<br /> are inclined to be disorderly or disruptive; (4) An adult entertainment establishment shall
<br /> (b) Adult entertainment establishments are an be a permitted use within the overlay district.
<br /> intense commercial use which create a large (5) Standards for siting of adult entertainment
<br /> volume of foot and automobile traffic in the establishments. Adult entertainment establish-
<br /> vicinity of the establishment, which may require ments shall meet all of the following
<br /> police and other municipal services which may requirements:
<br /> not be readily available in towns, and which may (a) Location of any particular adult
<br /> conflict with the preservation of farmland by entertainment establishment must be not less
<br /> encouraging scattered commercial development; than 1,000 feet from any church, synagogue,
<br /> (c) Adult entertainment establishments have temple, mosque or any other place of worship,
<br /> their peak activity at hours and days which are any residentially zoned district, park, school,
<br /> incompatible with residential uses, and have a playground, day care center, public library and
<br /> larger customer volume than other entertainment any other adult book store or adult entertainment
<br /> establishments; establishment.
<br /> (d) Because of the potential for negative 1. Measurement shall be made in a straight
<br /> impacts on property values, the peace and good line, without regard to intervening structures or
<br /> order of the community and the welfare of objects, from the nearest portion of the building
<br /> individuals affected by adult entertainment or structure used as the part of the premises
<br /> establishments, it is necessary to minimize the where adult entertainment is conducted, to the
<br /> secondary effects of adult entertainment; nearest property line of the premises of a use
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<br /> rev. 073113
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