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<br />c. Whether the zoning regulation is "narrowly tailored" to affect only those uses <br />which produced the unwanted secondary effects: and <br /> <br />d. Whether the zoning regulations leave open reasonable alternative locations for <br />adult uses. Later cases have clarified that distance limitations are permissible if <br />they do not "effectively preclude" all adult uses from a community. David <br />Vincent, Inc. v. BrOlwlrd County. 200 F.3d 1325 (11th Cir. 2000) <br /> <br />2. While municipalities cannot adopt zoning regulations aimed at suppressing the <br />content of the use, they are allowed to regulate adult uses in a manner that seeks to <br />mitigate the potential secondmy impacts (increase in crime, drug use, lowering of <br />property values, etc.) often associated with adult entertainment uses. <br /> <br />C. Necessity of a Study to Evaluate Secondary Impacts: <br /> <br />I. To justify zoning regulations for adult entertainment uses, municipalities must show that <br />the regulations are not directed at the content of the use. but at the elimination of the <br />negative secondary impacts resulting from that use. This is often demonstrated through <br />secondary effects (or impacts) studies. Based on potential impacts identified in the <br />study, a municipality can then recommend zoning controls to regulate these types of <br />uses. <br /> <br />2. Prior to adopting adult entertainment regulations, the City must therefore demonstrate <br />that it has conducted or relied upon planning studies illustrating the need to protect <br />certain areas of the City from the negative secondary impacts associated with adult <br />entertainment uses. <br /> <br />3. Federal courts have consistently ruled that a city does not have to produce its own <br />studies, but must demonstrate that the studies relied upon were relevant to their city's <br />concerns. <br /> <br />4. After identifying the potential secondary impacts which adult entertainment uses may <br />have on a community, the City then must identify how best to regulate these uses to <br />minimize the negative impacts on residents and businesses within the municipality. <br /> <br />III. Review of the secondary impacts studies conducted in other communities. <br /> <br />Staff has collected a number of different Secondary Effects Studies (City of Saratoga Springs <br />Report is Attached), and has also been provided with a number of court decisions which discuss <br />such studies, and the findings contained therein. <br /> <br />Based upon that review and analysis, the staff had reached the following conclusions: <br /> <br />Page 4 of 8 <br />