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10.151(2)(a)—(5)(a)1.
<br /> v. City of Charlotte, 979 F. Supp. 372 (W.D. N.C. of the Adult Entertainment Overlay District is to
<br /> 1997); Venture I, Inc. v. Orange County, Tex., regulate the location of such establishments;and
<br /> 947 F. Supp. 271 (E.D. Tex. 1996); Community (f) 1. Nothing in this section shall be construed
<br /> Visual Communications, Inc. v. City of San to permit the regulation of any activities
<br /> Antonio, 148 F. Supp. 2d 764 (W.D. Tex. 2000); conducted in adult entertainment establishments
<br /> Bronco's Entertainment, Ltd. v. Charter Tp. of which are entitled to protection under the First
<br /> Van Buren, 421 F.3d 440 (6th Cir. 2005); Amendment of the United States Constitution,
<br /> Brandywine, Inc. v. City of Richmond, Kentucky, including:
<br /> 359 F.3d 830 (6th Cir. 2004); Holmberg v. City of a. plays, operas, musicals or other dramatic
<br /> Ramsey, 12 F.3d 1413 (8th Cir. 1994); Wooster works that are not obscene;
<br /> v. Entertainment One, Inc., 158 Ohio App. 3d b. classes, seminars, or lectures which are
<br /> 161 (2004); Grand Brittain, Inc. v. City of held for a serious scientific or educational
<br /> Amarillo, Tex., 27 F.3d 1068 (5th Cir. 1994); purpose and that are not obscene.
<br /> Tollis, Inc. v. City of County of San Diego, 505 c. rental or sale of video cassettes, DVD
<br /> F.3d 935 (9th Cir. 2007); as well as finding from videodiscs, or other electronic media for private
<br /> papers, articles, studies and information from viewing off the premises.
<br /> other communities including, but not limited to, 2. Whether or not an activity is obscene shall
<br /> Fort Worth & Dallas, Texas; Palm Beach County, be judged by consideration of the following
<br /> Florida; Garden Grove, California; Austin, Texas; factors:
<br /> Phoenix, Arizona; Indianapolis, Indiana; and Los a. whether the average person, applying
<br /> Angeles, California, the County of Dane, relying contemporary community standards, would find
<br /> upon the experience of other local governments that the activity taken as a whole appeals to
<br /> in this state and throughout the country, finds as prurient interest in sex;
<br /> follows: b. whether the activity depicts or describes
<br /> (a) That adult entertainment establishments sexual conduct in a patently offensive way, as
<br /> may have an adverse secondary effect on the measured against community standards; and
<br /> surrounding community because the sexual c. whether the activity taken as a whole lacks
<br /> nature of the business may, regardless of the serious literary, artistic, political or scientific
<br /> intentions of the proprietors, attract persons value.
<br /> seeking prostitution or unlawful drugs, or who (3) The overlay district shall apply only to all
<br /> are inclined to be disorderly or disruptive; lands zoned M-1 Industrial.
<br /> (b) Adult entertainment establishments are an (4) An adult entertainment establishment shall
<br /> intense commercial use which create a large be a permitted use within the overlay district.
<br /> volume of foot and automobile traffic in the (5) Standards for siting of adult entertainment
<br /> vicinity of the establishment, which may require establishments. Adult entertainment establish-
<br /> police and other municipal services which may ments shall meet all of the following
<br /> not be readily available in towns, and which may requirements:
<br /> conflict with the preservation of farmland by (a) Location of any particular adult
<br /> encouraging scattered commercial development; entertainment establishment must be not less
<br /> (c) Adult entertainment establishments have than 1,000 feet from any church, synagogue,
<br /> their peak activity at hours and days which are temple, mosque or any other place of worship,
<br /> incompatible with residential uses, and have a any residentially zoned district, park, school,
<br /> larger customer volume than other entertainment playground, day care center, public library and
<br /> establishments; any other adult book store or adult entertainment
<br /> (d) Because of the potential for negative establishment.
<br /> impacts on property values, the peace and good 1. Measurement shall be made in a straight
<br /> order of the community and the welfare of line, without 'regard to intervening structures or
<br /> individuals affected by adult entertainment objects, from the nearest portion of the building
<br /> establishments, it is necessary to minimize the or structure used as the part of the premises
<br /> secondary effects of adult entertainment; where adult entertainment is conducted, to the
<br /> (e) It is the intent of this section to protect the nearest property line of the premises of a use
<br /> health, safety and welfare of the citizens of Dane listed in sub (a). Presence of a City, County or
<br /> County and to further preserve the quality of life other municipal boundary shall not affect the
<br /> and to preserve the urban and rural calculation and application of the distance
<br /> characteristics of its neighborhoods. The intent requirements of sub (a).
<br /> Page 10-39
<br /> rev. 013116
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