(A) In City of Renton v. Playtime Theatres, Inc., 475 US 41 (1986), the United States Supreme Court found that a city may rely on the experiences of other cities to determine whether certain businesses have adverse secondary effects;
(B) The Madison Lake City Council has conducted a study of adult uses over the past several months;
(C) The City Council has read and considered reports from numerous municipalities, specifically Adams County, Colorado (1988 and 1991), Austin, Texas (1986), El Paso, Texas (1986), Garden Grove, California (1991), Indianapolis, Indiana (1984), Newport News, Virginia (1996), St. Paul, Minnesota (1987 and 1988), and Whittier, California (1978), have completed studies which have determined that adult uses have adverse secondary effects, generally, as follows:
(1) Increased criminal activity, including public intoxication and prostitution;
(2) Detriment to public health, safety, and welfare, including an increased risk of sexually transmitted diseases; and
(3) Finally, areas surrounding adult uses suffer decreased property values, increased vandalism, and neighborhood blight and disinvestment.
(D) The City Council has read additional reports, including Ellicottville, New York (1998), Manatee County, Florida (1987), Minnesota Attorney General’s Working Group (1989), New Hanover County (1989), and St. Croix County, Wisconsin (1993), which have reviewed the experiences of other municipalities and detrimental impacts of adult uses;
(E) The City Council has reviewed ordinances and findings containing specific complaints and evidence of an increase in public urination, trespassing, vandalism, public alcohol consumption, littering, noise complaints, verbal harassment, fighting, potentially risky sexual activity, and parking congestion correlating specifically with an adult cabaret located in Nicollet, Minnesota, a city of similar size and location to Madison Lake.
(F) The City Council has determined that these studies and local anecdotal evidence are of direct relevance to the potential for the adverse secondary effects of adult uses on the City of Madison Lake;
(G) M.S. § 412.221, Subdivision 25, as it may be amended from time to time, states, “The council shall have power by ordinance to prevent or license and regulate the exhibition of circuses, theatrical performances, amusements, or shows of any kind.”;
(H) M.S. § 412.221, Subdivision 27, as it may be amended from time to time, states, “The council shall have power by ordinance to license and regulate the operation of public dance halls and the conduct of public dances.”;
(I) M.S. § 412.221, Subdivision 28, as it may be amended from time to time, states, “The council shall have power by ordinance to regulate the construction of buildings.”;
(J) M.S. § 412.221, Subdivision 32, as it may be amended from time to time, states, “The council shall have power to provide for the government and good order of the city, the suppression of vice and immorality, the prevention of crime, the protection of public and private property, the benefit of residence, trade, and commerce, and the promotion of health, safety, order, convenience, and the general welfare by the ordinances not inconsistent with the constitution and laws of the United States or of this state as it shall deem expedient.”;
(K) On 10-7-2002, the Madison Lake City Council enacted the Adult Use Zoning Ordinance, whereby it established zoning regulations for adult uses;
(L) The City Council has determined that business regulations, including licensing, can be coordinated with zoning regulations to afford better protection of the public health, safety, and welfare;
(M) The City of Madison Lake relies on the Madison Lake City Police Department and LeSueur County Sheriff’s Department for law enforcement; and
(N) The City Council believes that licensing of adult uses-primary to ensure the responsibility of their management would aid law enforcement.
(Ord. 223, passed 1-21-2003)