Ord 1998-011 - Laserfiche WebLink

Home

such as parks, schools, day care centers, or churches, thereby having a deleterious effect on the adjacent areas. It is the purpose and intent of these special regulations to prevent the concentration of Adult- Oriented Businesses and thereby prevent such adverse secondary side effects. SECTION 3: In developing this ordinance, the City Council has been mindful of legal principles relating to regulation of Adult - Oriented Businesses and does not intend to suppress or infringe upon any expressive activities protected by the First Amendments of the United States and California Constitutions, but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of Adult- Oriented Businesses. The City Council has considered decisions of the United States Supreme Court regarding local regulation of Adult- Oriented Businesses, including but not limited to: Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976) (Reh. denied 429 U.S. 873); City of Renton v. Playtime Theaters, 475 U.S. 41 (1986) (Reh. denied 475 U.S. 1132); FW/PBS, Inc. v. Dallas, 493 U.S. 215 (1990); Barnes v. Glenn Theater, 501 U.S. 560 (1991). The City Council has also considered other state and federal court decisions, including but not limited to: City of National City v. Wiener, 3 Ca1.4th 832 (1993); People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); City of Vallejo v. Adult Books, et al., 167 Cal. App. 3d 1169 (1985); Lakeland Lounge v. City of Jacksonville 973 F.2d 1255 (5th Cir. 1992), Hang On, Inc. v. Arlington 65 F.3d 1248 (5th Cir. 1995), Mitchell v. Commission on Adult Entertainment 10 F.3d 123 (3rd Cir. 1993), International Eateries v. Broward County 941 F.2d 1 157 (11th Cir. 1991), and Starr Satellite v. City of Biloxi 779 F.2d 1074 (5th Cir. 1986). The City Council of the City of San Leandro also finds that the locational criteria in the Zoning Code alone does not adequately protect the health, safety, and general welfare of the citizens of San Leandro, and thus certain requirements with respect to the ownership and operation of Adult- Oriented Businesses are in the public interest. In addition to the findings and studies conducted in other cities regarding increase in crime rates, decreases in property values, and the blighting of areas in which such businesses are located, the City Council also takes legislative notice of the facts recited in the case of Key, Inc. v. IGtsap County, 793 F.2d 1053 (9th Cir. 1986), regarding how live adult entertainment results in secondary effects such as prostitution, drug dealing, and other law enforcement problems. SECTION 4: The City Council finds the following, in part based upon its understanding of the documents and judicial decisions in the public record: (a) Evidence indicates that some dancers, models, and entertainers, and other persons who publicly perform specified sexual activities or publicly 3