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<br />District encompasses both existing residential, as well as serving as the entranceway to <br />the City, additionallocational restrictions will be necessary to adequately protect the City <br />from the negative secondary impacts of adult entertainment uses. This additional <br />protection will take the form of distance limitations between adult entertainment uses and <br />such incompatible uses as schools, child care centers and, religious institutions. <br />Additional protection will be achieved by limiting the location within the Town Center to <br />parcels with direct frontage on Collins A venue, limiting the uses to the more intense <br />commercial areas of the City. <br /> <br />II. LEGAL BASIS FOR REGULATING ADULT ORIENTED BUSINESSES <br /> <br />A. Because of Constitutional free speech guarantees, the City may not totally prohibit <br />adult entertainment uses. <br /> <br />1. The First Amendment to the United States Constitution provides that "Congress shall <br />make no law. .. abridging the freedom of speech." This is made applicable to the <br />states through the Fourteenth Amendment. <br /> <br />2. The United States Supreme Court has established that adult entertainment uses are <br />entitled to protection as expressive conduct. City (~r Erie v. Pap's A.M., 529 U.S. 277, <br />120 S.Ct. 1382, 146 L.Ed. 2d 265 (2000) <br /> <br />3. Municipalities are therefore not permitted to enact local regulations that totally <br />prohibit the freedom of expression associated with adult entertainment uses. These <br />constitutional protections do not cover activities or material deemed to be obscene, <br />and such materials and activities may be banned altogether by municipalities. <br /> <br />4. Adult entertainment uses can range from bookstores and/or video stores carrying a <br />significant number of sexually-oriented materials, to modeling studios, message <br />parlors and strip clubs. Many of the most common adult entertainment activities, <br />such as adult book and video and nude dancing establishments, while sexually <br />explicit, are not considered obscene, and are protected by the First Amendment. <br /> <br />B. Permitted Regulations of Adult Entertainment Uses <br /> <br />1. Courts will uphold reasonable time, place and manner regulations for adult <br />entertainment uses. In City (~l Renton v Playtime Theaters, 475 US 71, 89 L Ed 2d <br />29, 106 S Ct 925 (1986), the U. S. Supreme COUl1 established a four-part test to <br />determine the legal parameters for regulating adult entertainment uses so as not to <br />violate the First Amendment. That four part test has been applied by the federal <br />courts in reviewing a wide variety of adult entertainment use regulations. The test is: <br /> <br />a. Whether the predominant purpose of the zoning is to suppress the sexually <br />explicit speech itselt~ or rather, to eliminate the "secondary effects" of adult uses; <br /> <br />b. Whether the zoning regulation furthers a substantial governmental interest; <br /> <br />Page 3 of 8 <br />