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.
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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
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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.