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M ~O RA~DUM TO: FROM: RE: DATE: Ramsey City Council William K. Goodrich, City Attorney Adult Book Store Regulation April 24, 1990 As the Council and many Ramsey residents are aware, an establishment advertising itself as an adult book store moved into the City at 6710 Highway 10 Northwest during the weekend of April 21, and 22, 1990. We do not have a specific date on which the establishment began doing business. The establishment calls itself "X Rated". City Staff, at this time, does not know the owner and/or proprietor of the business. Neither the City Council nor City Staff officially or unofficially participated in the granting of permits, licenses, etc. to this establishment. The business is located in the City's B-1 Business District, which allows as permitted uses "retail business" The City has no ordinances which license adult book stores, nor until April 23, 1990, did the City have any zoning regulations, other than the standard B-1 zoning regulations, affecting the siting of adult book stores. As of this date, the City does have the following Ordinances which do regulate adult book store activities: 1. City code Section 110.17 entitled "Public Nuisance"; Ordinance 90-1, which prohibits the displaying of certain sexually explicit activities; and Emergency Ordinance 90-07 adopted April 23, 1990, which places a 180 day moratorium on the operation of adult book stores within the City. In addition, to the above, there is a series of State Statutes found under Chapter 617, which defines "obscene materials" and provides for a gross misdemeanor penalty if found guilty of selling, exhibiting, etc. obscene material. A second offense is a felony. In response to the question, "How should the City respond to this new establishment?", I offer the following: Enforce the laws of the City and State vigorously and fairly. Such enforcement does and shall include the understanding that the City and/or State governments are unable to suppress the expression of unpopular views.