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<br />March 7, 2007 <br /> <br />SECONDARY EFFECTS STUDY <br />OF ADULT ORIENTED BUSINESSES <br />CITY OF SARATOGA SPRINGS <br />Prepared by the <br />Saratoga Springs Planning Board <br /> <br />In early 2007 Mayor Keehn has asked the Planning Board to develop some proposed <br />amendments to the zoning ordinance relating to adult uses. The Mayor has specifically <br />asked that the Planing Board "undertake a study of the potential secondary effects of <br />adult uses in the City and produce recommendations for amendments to the City Code <br />for the suitable siting, land use and zoning standards and controls therefor". <br /> <br />In this report the Planning Board will summarize the following: <br /> <br />· Legal basis for regulating adult oriented businesses <br />· Review of the secondary impacts studies conducted in other communities. <br />· Survey of existing regulations and conditions in the City of Saratoga Springs <br />· Finding and recommendations. <br /> <br />LEGAL BASIS FOR REGULATING ADULT ORIENTED BUSINESSES <br /> <br />The Planning Board asked City Attorney Michael Englert to provide an analysis of the <br />legal basis for regulation adult oriented businesses, and he provided the following <br />analysis: <br /> <br />I. Although the City May Regulate "Adult uses" Pursuant to its Municipal Police Power, <br />It May Not Flatly Prohibit Such Uses. <br /> <br />A. Both the 1st Amendment of U.S. Constitution and Article 1, Section 8 of the New <br />York State Constitution provides for the protection of every citizen's right to the <br />freedom of speech and expression. <br /> <br />B. Municipalities are therefore not permitted to enact local regulations that totally <br />suppress the freedom of expression associated with adult use activities, and <br />such uses must be allowed within any and all municipalities. <br /> <br />C. It should be noted, however, that constitutional protections doe not cover <br />activities or material deemed to be obscene, and these materials and activities <br />may be banned altogether by municipalities. <br /> <br />D. Adult entertainment use can range from bookstores and/or video stores carrying <br />a significant number of sexually-oriented materials, to modeling studios, <br />message parlors and strip clubs. Many of the most common adult entertainment <br />activities, such as adult book and video ard nude dancing estClblishments, while <br />sexually explicit are not considered obscene, and are protected by the First <br />Amendment. <br />