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Ord 1998-010
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
9/21/1998
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such as parks, schools, day care centers, or churches, thereby having a <br /> deleterious effect on the adjacent areas. It is the purpose and intent of these <br /> special regulations to prevent the concentration of Adult - Oriented Businesses <br /> and thereby prevent such adverse secondary side effects. <br /> SECTION 3: The locational requirements established by this ordinance <br /> do not unreasonably restrict the establishment or operation of constitutionally <br /> protected Adult - Oriented Businesses in San Leandro, and a sufficient and reasonable <br /> number of appropriate locations for Adult- Oriented Businesses are provided by this <br /> ordinance. <br /> SECTION 4: In developing this ordinance, the City Council has been <br /> mindful of legal principles relating to regulation of Adult - Oriented Businesses and <br /> does not intend to suppress or infringe upon any expressive activities protected by <br /> the First Amendments of the United States and California Constitutions, but instead <br /> desires to enact reasonable time, place, and manner regulations that address the <br /> adverse secondary effects of Adult- Oriented Businesses. <br /> SECTION 5: The City Council has considered decisions of the United <br /> States Supreme Court regarding local regulation of Adult- Oriented Businesses, <br /> including but not limited to: Young v. American Mini Theaters, Inc., 427 U.S. 50 <br /> (1976) (Reh. denied 429 U.S. 873); City of Renton v. Playtime Theaters, 475 U.S. <br /> 41 (1986) (Reh. denied 475 U.S. 1132); FW /PBS, Inc. v. Dallas, 493 U.S. 215 <br /> (1990); Barnes v. Glenn Theater, 501 U.S. 560 (1991). The City Council has also <br /> considered decisions by state and federal courts, including but not limited to: City of <br /> National City v. Wiener, 3 Cal.4th 832 (1993); People v. Superior Court (Lucero) 49 <br /> Cal.3d 14 (1989); City of Vallejo v. Adult Books, et al., 167 Cal. App. 3d 1169 <br /> (1985); Lakeland Lounge v. City of Jacksonville 973 F.2d 1255 (5th Cir. 1992), <br /> Hang On, Inc. v. Arlington 65 F.3d 1248 (5th Cir. 1995), Mitchell v. Commission on <br /> Adult Entertainment 10 F.3d 123 (3rd Cir. 1993), International Eateries v. Broward <br /> County F.2d 1157(11th Cir. 1991), and Starr Satellite v. City of Biloxi 779 F.2d <br /> 1074 (5th Cir. 1986). <br /> SECTION 6: The City Council of the City of San Leandro also finds <br /> that the locational criteria in the Zoning Code alone does not adequately protect the <br /> health, safety, and general welfare of the citizens of San Leandro, and thus certain <br /> requirements with respect to the ownership and operation of Adult- Oriented <br /> Businesses are in the public interest; and that in addition to the findings and studies <br /> conducted in other cities regarding increase in crime rates, decreases in property <br /> values, and the blighting of areas in which such businesses are located, the City <br /> 3 <br />
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