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<br />WHEREAS, zoning ordinances mandating minimum distance separations between adult <br />entertainment uses and other adult entertainment uses. and betwecn adult cntertainment uscs and <br />incompatible uses such as schools or child care centers. or religious facilities. have been upheld <br />by the United States Supreme Court in Young v. American Mini Theatres. Inc.. 427 U.S. 50 <br />(1976) and City of Renton v. Playtime Theatres. Inc.. 475 U.S. 41 (1986), as a method of <br />combating the secondary effects associated with adult entertainment uses. <br /> <br />WHEREAS, this Land Development Regulations amendmcnt was reviewed by the Local <br />Planning Agency which recommended its approval: and <br /> <br />WHEREAS, thc City Commission has determined that adoption of this Ordinance is in <br />the best interests of the citizens and residents of the City of Sunny Isles Beach. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section I. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby <br />ratified and confirmed as being true and correct and are hereby made a speci fic part by this <br />Ordinance upon adoption hereof. Such "WHEREAS" clauses constitute express findings of the <br />Sunny Isles Beach City Commission. <br /> <br />Section 2. Amendment. Section 265-5 of the Land Development Regulations is amended to read <br />as follows: <br /> <br />ABUTTING - To reach or touch; to touch at the end or be contiguous with: join at a border or <br />boundary; terminate on. <br /> <br />ADULT ENTERTAINMENT USE <br /> <br />A. Any place in which a principal use is the exchange. for consideration in any form. monetary <br />or otherwise, for profit or not-for-profit. of materials or exhibitions. including but not limited <br />to books, magazines. photographs. performances. vidcotapcs, elcctronic media. or movies, <br />which have as their dominant theme matters depicting. describing. demonstrating or relating <br />to completely or to opaquely covered human genitals or pubic regions. buttocks. or female <br />breasts below a point immediately above the top of the areola. or human male genitals in a <br />discernibly turgid state. cven if completely and opaquely covered. or which have as their <br />dominant theme matters depicting. describing. demonstrating or relating to human genitals in <br />a state of sexual stimulation or arousal. acts of human masturbation. sexual intercourse or <br />sodomy. or the fondling or other erotic touching of human genitals. pubic regions. buttocks <br />or female breasts. <br /> <br />B. Places which are considered adult uses shall include the location of any organization. <br />association or establishment, including any public or private enterprisc. club. bar. loungc or <br />nightclub in which a principal use is the exchange. for consideration in any form. monetary <br />or otherwise, for profit or not-for-profit, of materials or exhibitions, including but not limited <br /> <br />Words added underlined. words stfi'*'* deleted (cd) <br /> <br />Page 2 ore, <br />