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CONSIDER INTRODUCING <br /> NUDITY 0~DI~CE <br /> <br />case <br /> <br />By: <br /> <br />William K. Goodrich, City Attorney <br />and Mike Auspos, Chief of Police <br /> <br />BACKGROUND: <br /> <br />Enclosed are two'proposed ordinances relating to nudity and certain <br />sexual conduct in City licensed on-sale liquor and on-sale non- <br />intoxicating malt liquor establishments. Please note that these <br />ordinances only regulate activity within City licensed premises. <br />The Minnesota Supreme Court and the U.S. Supreme Court have clearly <br />indicated that cities have the right to so regulate based on broad <br />state regulation granted under the Twenty-first Amendment to the <br />U.S. Constitution. However, the Courts are much more cautious in <br />permitting city regulation of nudity in non-bar establishments. <br />Regulation of nudity outside of bars runs the risk of violating <br />that type of nudity which is protected by the First Amendment to <br />the Constitution relating to Freedom of Expression. The Courts are <br />concerned that broad non-bar regulation may infringe on protected <br />expression, such as theatrical performances. Council should <br />discuss whether it wants to enact a non-bar ordinance regulating <br />nudity in addition to those enclosed. <br /> <br />ENCLOSURES: <br /> <br />Proposed ordinances regulating nudity in on-sale intoxicating and <br />non-intoxicating licensed establishments. <br /> <br />RECOMMENDATION: <br /> <br />Staff recommends the above referenced ordinance be formally <br />introduced. <br /> <br />COUNCIL ACTION: <br /> <br />Motion to introduce Ordinance #89-12-__ which is an ordinance <br />regulating nudity ~ <br /> in City licensed on-sale intoxicating liquor <br />establishments. <br /> <br />Review Checklist: <br /> <br />Administrator <br />Attorney <br />Engineer <br />Community Develop- <br />ment Director <br /> <br />X Chief of Police X <br />X Finance officer <br /> Public Works Superintendent <br /> Other <br /> <br /> <br />