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• ?RCM (?R:U0. o'99 16:45 3T. 16:44 N’O. S7600442o2 ? 2 <br />miN5>HAW & CUL.1511K15U1N <br />W-Et JAfniAY TOWM <br />iumiiuos: sovm ninth stiiet <br />MCOSAPOUS. MINNESCTA lUM <br />«aiti uu <br />tUIFA.t: (IU14.UW <br />MEMOKANDUM <br />TO;Citj' Council <br />City Manager <br />FROM Thomns J. Barrett. City Attorney <br />RE:Adult Use Ordinance <br />DATE:October 8, 1999 <br />W« have reviewed the draft Adult Use Ordinance prepared by Krii Jenson based on her <br />review of pertinent studies and adult use ordinances adopted by other area routucoahties. In <br />reviewing the draft ordinance, we also have considered studies concerning the secondary <br />effects of adult businesses, as well as controlling and persuasive case law which, collective y, <br />establishes the peraussible scope and boundaries of nmnicipal regulation of adult uses. <br />A revised version of the draft ordinance is ettached for your cotutider«ion. We have tned to <br />incorporate what wc consider to be essential componenu that are mandated or. in our opinion, <br />advi^le under current law, es well as less fundamental revisions that are de.sig^ to feme y <br />the somewhat circular nature of the regulatory scheme proposed in the original draft. In <br />»ldiiion to those changes, we have the foUowing general comments. <br />Under United States Supreme Court ptecedent. adult businesses genetaUy are enuUed to <br />Amendment protecUon because they involve the exercise of the fundamental right to free <br />of e.xpression. That right is constrained, in the context of adult businesses, by tte <br />govemmenfs right to prohibit obscenity (as def.n«l by statute in ^ ^ <br />principle that commercial speech or expression, including e.xpresston that mvo ves <br />L„.L marcrials or content, is cnUtled to a lesser degree of Firs. Amendment protection than <br />1 <br />lM/22184735 UVWOO