Laserfiche WebLink
The studies show that businesses with activity on-site have more negative secondary <br />impacts than businesses which sell or distribute materials only for off-site use. As a <br />result, the proposed regulations apply to any business with on-site activity, regardless <br />of the percentage of the business which is sexually-oriented. Businesses with on-site <br />activity include those with live entertainment, movie exhibitions, or peep shows. The <br />proposed regulations designate these enterprises as “high impact businesses." <br />Businesses which sell or distribute material only for off-site use, such as bookstores, <br />video rental stores, and novelty stores, are more problematic. The studies of <br />secondary impacts primarily examined on-site establishments. One type of off-site <br />business was studied: adult bookstores. Cities do not have to show, however, thac <br />the businesses to be regulated have exactly the same characteristics or adverse <br />effects as the adult businesses examined in the studies. Cities may also regulate <br />reasonably similar businesses. The Eighth Circuit Court of Appeals held that the <br />studies supported regulation of a video and bookstore which offered a mixture of non­ <br />adult and adult materials and had no facilities for on-premise consumption, although <br />no such business was actually examined. The courts allow cities to experiment with <br />reasonable regulations. <br />Because the studies are not as conclusive with respect to secondary effects from off­ <br />site establishments, the task force sought a more flexible and understandable method <br />of dealing with these businesses. The task force was aware of the state law which <br />creates the category of materials called "harmful to minors." Merchants can comply <br />with this law by covering the materials which are harmful to minors or by placing thern <br />in a separate room inaccessible to minors. Materials which are "harmful to minors" <br />under the state law appear to be essentially the same materials sought to be regulated <br />under the proposed regulations dealing with SOBs. As a result, the proposed <br />regulations follow this concept. <br />The proposed regulations allow an off-site business to choose whether or not It wishes <br />to be regulated in the same manner as a business with on-site activity. If the business <br />wishes to deal in sexually-explicit materials. It can avoid the more restrictive <br />regulations by either surrounding the materials with an opaque cover or placing them <br />in an adults-only room no larger than 300 square feet. By doing so, the likelihood of <br />secondary impacts and harm to minors is significantly reduced because the regulated <br />materials are not in plain view. If the business elects this option, it will be regulated <br />as a "limited impact business." <br />If the business chooses to use a separate room larger than 300 square feet or has no <br />separate room and does not cover the materials, it will be regulated as a "high impact <br />business". The larger the quantity of materials and the more open they are, the more <br />likely that the business will be perceived by the community as an adult <br />establishment with the opportunity for the kinds of secondary effects noted in the <br />various studies.