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HomeMy WebLinkAboutCity Council Resolution 1996-681• CITY OF PLYMOUTH RESOLUTION NO. 96- 6g1 RESOLUTION ESTABLISHING FINDINGS OF FACT THAT REGULATIONS OF SEXUALLY ORIENTED BUSINESSES ARE NECESSARY TO MINIMIZE THE SECONDARY ADVERSE EFFECTS OF SUCH BUSINESSES IN THE CITY OF PLYMOUTH, MINNESOTA WHEREAS, the City of Plymouth has been provided with lcgal bacKground information on sexually oriented businesses which, are summarized as follows: I. The United States Supreme Court in its decisions of Young v. American Mid Theaters, 96 S. Ct. 2440 (1976), and City of Renton v. Playtime Theaters, 106 S. Ct. 925 (19t,6) has held that sexually oriented businesses engaged in the offering of adult fare characterized by an emphasis on matter depicting specified sexual activities or anatomical areas may not be completely prohibited from doing business within cities by municipal ordinances. 2. The Supreme Court has further held that municipalities may regulate sexually oriented businesses with lawfully enacted content -neutral time, place, and manner zoning and licensing ordinances if said regulations are not merely a pretext for completely prohibiting within a City sexually oriented businesses based on the content of the material being offered. 3. The Supreme Court has concluded that lawful content neutral time, place, and manner regulations may have as their focus the minimization of the adverse secondary effects on a community generated by the location and operation of a sexually oriented business within a community. Adverse secondary effects are defined as: a. Increased incident: of crime, b. Diminution of property values within the community and especially the values of those properties adjacent to or in close proximity to the sexually oriented business, and C. Increased risk for tse spread of sexually transmitted diseases. • 440 t3 i KI113 24TWO WHEREAS, based on the legal background referenced herein, the Plymouth City Council hereby makes the following Findings of Fact in cunnection with the regulation of sexually oriented businesses within the City: 1. That the City Council has reviewed and considered all the material and unsworn testimony presented before it in connection with the regulation of sexually oriented businesses within the City. 2. The City Council has reviewed and studied the information presented by the Staff Committee including a number of reports from other cities, especially the "Report of the (Minnesota) Attorney General's Working Group on Regulation of Sexually Oriented Businesses," dated June 6, 1989, hereinafter referred to as the "Report." 3. The Report considered evidence from studies conducted in cities throughout the United States relating to sexually oriented businesses. 4. The Report, based upon these studies and the testimony presented to it has concluded that "sexually oriented businesses are associated with high crime rates and depression of property values." In addition, the Attorney General's Work Group, "... heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented busineses adjacent to residential property." 5. The Report concludes that sexually oriented businesses have an imprct ou the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses. 6. The Report concludes that residential neighborhoods located within close proximity to adult theaters, book stores, and other sexually oriented businesses experience increased crime rates (sex-releted crimes in particular), lowered property values, increased transiency, and decreased stability of ownership, which was confirmed by the Phoenix, Auzona study. 7. The Report concludes the adverse impacts which sexually oriented businesses have on surrounding areas diminish as the distance from the sexually oriented businesses increases. 8. The Report concludes that studies +,C other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when 0 located in proximity to sexually oriented businesses, which was confirmed by the Indianapolis, Indiana study. 9. The Plymouth City Council find the development and urban characteristics of Plymouth are similar to those of the cities cited by the Report when considering the effects of sexually oriented businesses and that the findings concerning the effects of sexually orbaited businesses in other cities documented in the Report are relevant to potential circumstances in the City of Plymouth. 10. The Plymouth City Council finds, based upon the Report and the studies cited herein, that sexually oriented businesses have the potential for adverse secondary effects upon certain land uses within the City of Plymouth and that in reliance on the data and conclusions made by the studies documented in the Report, and the current lack of sexually oriented businesses within the City, it is not necessary for the City of Plymouth to conduct its own independent study concerning the effects of sexually oriented businesses within the City. 11. The City of Plymouth is currently wiehout sufficient ordinances comprehensively regulating the location of sexually oriented businesses within the City. 12. Pursuant to the United States Supreme Court case of City of Renton v. Playtime Theaters. Inc., 106 S. Ct. 925 (1988), and others, it is clear that a permanent total prohibition against sLxually oriented businesses would be unconstitutional. 13. The Plymouth City Council find that the location of sexually oriented busit,es-jes within the City of Plymouth may have a potentially detrimental effect on the City by unnecessarily lowering property values within the City if said establishments were located in inappropriate areas. 14. The Plymouth City Council find there will be potentially increased crime within the City from inadequate regulations of sexually orivnted businesses locating and operating within the City. 15. The Plymouth City Council find that content -neutral time, place, mid manner restrictions that regulate the zoning and licensing of sexually oriented businesses arc necesary in the City of Plymouth to minimize the potential ad ; erse secondary effects which may accompany the location and operation of said businesses within the City, but that said regulations n-..ust be drafted in such a manner as to allow for reasonable opportunity to open and operate sexually oriente.l businesses within the City while minimizing the secondary adverse effects. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, the City Council hereby directs the formulation of regulations which will serve to minimize the adverse secondary effects of sexually oriented businesses while providing said businesses a reasonable opportunity to locate and operate within the City of Plymouth. Adopted by the City Council on December 11. 1996.