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Sexually oriented business. It is recognized that there are some uses, which because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this Chapter. Prior to adopting these regulations, the Village of Birch Run and other entities reviewed studies prepared on these uses, reviewed ordinances and regulations prepared by other municipalities, and reviewed applicable federal and state case law. Based on evidence of the adverse effects of adult uses presented in hearings and in reports and on findings incorporated in the cases of Pap’s AM v Township of Strittmather, 4 F Supp 2d 710 (ND Ohio 1998); JL Spoons Inc v Township of Brunswick, 49 F Supp 2d 1032 (ND Ohio 1999); Triplett Grille Inc v Township of Akron, 40 F3d 129 (6th Cir 1994); Nightclubs Inc v Township of Paducah, 202 F3d 884 (6th Cir 2000); O’Connor v Township and County of Denver, 894 F2d 1210 (10th Cir 1990); Deja Vu of Nashville Inc et al v Metropolitan Government of Nashville and Davidson County, 2001 USA App LEXIS 26007 (6th Cir Dec 6, 2001); ZJ Gifts D-2 LLC v Township of Aurora, 136 F3d 683 (10th Cir 1998); Connection Distribution Co v Reno, 154 F3d 281 (6th Cir 1998); Sundance Associates v Reno, 139 F3d 804 (10th Cir 1998); American Library Association v Reno, 33 F3d 78 (DC Cir 1994); American Target Advertising Inc v Giani, 199 F3d 1241 (10th Cir 2000); ZJ Gifts D-2LLC v Township of Aurora, 136 F3d 683 (10th Cir 1998); ILQ Investments Inc v Township of Rochester, 25 F3d 1413 (8th Cir 1994); Bigg Wolf Discount Video Movie Sales Inc v Montgomery County, 2002 US Dist LEXIS 1896 (D Md Feb 6 2002); Currence v Cincinnati, 2002 US App LEXIS 1258 (3rd Cir Jan 24, 2002); and other cases; and on testimony to Congress in 136 Cong Rec S 8987; 135 Cong Rec S 14519; 135 Cong Rec S 5636; 134 Cong Rec E 3750; and reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Phoenix, Arizona - 1979; Minneapolis, Minnesota-1980; Houston, Texas - 1997; Amarillo, Texas; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma Township, Oklahoma - 1986; Cleveland, Ohio - and Dallas, Texas - 1997; St. Croix County, Wisconsin - 1993; Bellevue, Washington, - 1998; Newport News, Virginia -1996; New York Times Square 1993; Bellevue, Washington, - 1998; Newport news, Virginia - 1996; new York Times Square study - 1994; Phoenix, Arizona - 1995-98; and also on findings from the paper entitled Stripclubs According to Strippers: Exposing Workplace Sexual Violence, by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota, and from Sexually Oriented Businesses: An Insider’s View, by David Sherman, presented to the Michigan House committee on Ethics and Constitutional Law, Jan 12, 2000, and the Report of the Attorney General’s Working Group On the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the Village Council finds that sexually oriented businesses as a category of establishments are correlated with harmful secondary effects, and that the foregoing reports are reasonably believed to be relevant to the problems that the Village of Birch Run is seeking to abate and prevent in the future. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area that would create such adverse effect(s). Sexually oriented businesses, as defined herein, shall be subject to the regulations of this chapter. Additional purposes include the protection, preservation and the improvement of the character and quality of the residential neighborhoods of the Village of Birch Run.
(Ord. 2011-02, passed 4-28-2011)