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379
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<br />content neutral Ordinance which addresses the secondary effects that adult business
<br />uses have on the City and provides for reasonable objective permit standards for all
<br />adult entertainment businesses. In developing this Ordinance, the City Council has
<br />been mindful of legal principles relating to regulation of adult businesses and all
<br />adult entertainment businesses and does not intend to suppress or infringe upon any
<br />expressive activities protected by the First Amendments of the United States and
<br />California Constitutions, but instead desires to enact reasonable time, place, and
<br />manner regulations that address the adverse secondary effects of adult businesses
<br />and which do not operate as an unconstitutional prior restraint. The City Council
<br />has considered decisions of the United States Supreme Court regarding local
<br />regUlation of adult businesses, including but not limited to: Young v. American Mini
<br />Theaters, Inc., 427 U.S. 50 (1976) (reh. denied 429 U.S. 873); City ofRenton v.
<br />Playtime Theaters, 475 U.S. 41 (1986) (reh. denied 475 U.S. 1132); FW/PBS, Inc.
<br />v. Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theater, 501 U.S. 560 (1991);
<br />United States Court of Appeals 9th Circuit decisions, including but not limited to:
<br />Topanga Press v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993), and Kev, Inc.
<br />v. Kitsap County, et al., 793 F.2d 1053 (9th Cir. 1986); and several California cases
<br />including but not limited to: City of National City v. Wiener, 3 Cal.4th 832 (1993),
<br />cert. denied (1993) 114 S.Ct. 85; People v. Superior Court (Lucero), 49 Cal.3d 14
<br />(1989); and City ofVallejo v. Adult Books, et al., 167 Cal. App.3d 1169 (1985); and
<br />other federal and state cases including Lakeland Lounge v. City of Jacksonville, 973
<br />F.2d 1255 (5th Cir. 1992), Hang On, Inc. v. Arlington, 65 F.3d 1248 (5th Cir.
<br />1995), Mitchell v. Commission on Adult Entertainment, 10 F.3d 123 (3rd Cir.
<br />1993), International Eateries v. Broward County, 941 F.2d 1157 (llth Cir. 1991),
<br />Star Satellite v. City of Biloxi, 779 F.2d 1074 (5th Cir. 1986), Ino, Ino Inc. v. City of
<br />Bellevue, 132 Wash.2d 103, 937 P.2d 154 (1997), 3570 East Foothill Blvd., Inc. v.
<br />City of Pasadena, 980 F.Supp. 329 (C.D.Cal. 1997), Excalibur Group, Inc. v. City of
<br />Minneapolis, 116 F.3d 1216 (8th Cir. 1997), cert. denied 139 S.Ct. 855, 139 L.Ed.2d
<br />755, Michigan ex tel. Wayne County Prosecutor v. Dizzy Duck, 449 Mich. 353, 535
<br />N.W.2d 178 (1995).
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<br /> K. The City Council desires to protect the rights conferred by the United
<br />States Constitution to adult business uses and other adult entertainment businesses in a
<br />maimer that ensures the continued and orderly development of property within the
<br />City and diminishes those undesirable negative secondary effects the previously
<br />mentioned studies have shown to be associated with the development and operation of
<br />adult business uses.
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