Agenda - Planning Commission - 03/07/1995

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Page 2 -- February 1995 z,g, Adult Entertainment -- Is Adult Bookstore Too Close to Public Library? ILQ Investments b~c. v. City of Rochester, 25 F.3d 1413 (Minnesota) 1994 In 1988, the city of Rochester, Minn., passed a zoning ordinance that de- fined and restricted the location of "adult establishment uses." These uses in- cluded adult bookstores, which were defined as businesses that sold a signi- ficant number of printed items devoted to specified sexual activities or ana- tomical areas. Adult establishment uses had to be more than 750 feet away from youth facilities. In 1992, ILQ Investments Inc. opened a book and video store in the city. Forty percent of the store's floor space was devoted to sexually explicit books, magazines, and novelties. These items made up 50 percent of the store's sales. However, customers could not view the materials in the store. The city's zoning administrator sent ILQ a notice claiming ILQ violated the city's zoning ordinances by operating an adult bookstore within 750 feet of a youth facility, the public library. The store was one of several adult book- stores downtown. ILQ appealed to the Zoning Board of Appeals and the city council, both of which upheld the violation. Instead of appealing to a state court, ILQ sued the city in federal court, arguing the city's enforcement of the ordinance violated ILQ's First Amend- ment and due process rights. ILO asked for a court order barring the city from enforcing the ordinance until it held a full hearing of the case. The court granted the order, finding the ordinance's definition of "adult bookstore" was unconsti- tutionally vague. The city appealed. It argued the ordinance was a reasonable, content-neutral restriction on the time, place, and manner of adult entertain- ment stores. DECISION: Reversed, in favor of the city. The court order should not have been issued. Rochester's ordinance was valid. It was content-neutral because it targeted the anticipated impact of the adult entertainment business on the community, not its sexually explicit nature. City of Renton v. Playtime Theatres Inc., 475 U.S. 41 (1986). Junkyard -- New Commission Member Votes to Approve Auto Junkyard Despite Absence from Prior Hearings Jago-Ford v. Planning and Zonh~g Commission of the Town of Madison, 642 A.2d 14 (ConnecticuO 1994 John Ne'dobi. ty Inc. wanted to operate an auto junkyard in the town of Madi- son, Conn. The company applied to the town's Planning and Zoning Commis- sion for a certificate of approval. Three public hearings were scheduled on the application. After the first two hearings, the membership of the commission changed. Kiem, a new mem- ber, was not present at the first two hearings. When the third hearing began, the company's attorney requested that Kiem refrain from voting on the application until he familiarized himself with the