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<br />LICENSING
<br />Licensing ordinances regulate the activity
<br />within a business. For sex businesses with
<br />on-premise entertainment, this may be neces-
<br />sary. Licensing provisions for sex businesses
<br />are best adopted as a separate action of the
<br />governing body.
<br />A checklist for sex business licensing
<br />should include purpose statements and defini-
<br />tions that match those in the zoning amend-
<br />ments, although some additional definitions
<br />will be necessary for a licensing ordinance. The
<br />licensing ordinance should also include lan-
<br />guage and standards for each ofthe following:
<br />
<br />Applicability
<br />. What types of businesses need licensing?
<br />Include at least those with on-premise
<br />entertainment.
<br />. Which individuals will need a license? We
<br />recommend licensing performers and man-
<br />agers, but some jurisdictions require licenses
<br />for all employees.
<br />
<br />Procedures
<br />Consider procedures for the application
<br />process, appeals process, and procedures for
<br />suspension or revocation of license, and
<br />appeals from such a decision.
<br />
<br />Criteria .
<br />Many communities will deny a request for a
<br />license if that person has had a similar license
<br />revoked or suspended or been convicted of a
<br />sex crime (as defined under state law) in the
<br />previous five years. Also consider criteria for the
<br />minimum age of operators, and for suspension
<br />or revocation of a license. A point system simil-
<br />iar to that used for driver's licenses is a useful
<br />way to provide a record for suspension or revo-
<br />cation for repeat offenses.
<br />
<br />Design Standards
<br />If the community has just one or two sex
<br />businesses, or if the businesses sell only
<br />retail, the community may not want to deal
<br />with the complexity of a licensing ordi-
<br />nance. If so, consider adopting the design
<br />standards often contained in licensing pro-
<br />visions. For example:
<br />. Consider prohibiting closed rooms or booths.
<br />. For live entertainment, only permit stages
<br />higher than 24 to 36 inches.
<br />. Establish minimum interior lighting stan-
<br />dards so that management and police 'can
<br />see activity in the business.
<br />
<br />. Prohibit window displays of sex material or
<br />performances.
<br />
<br />Operational Standards
<br />. Consider requiring that live entertainment
<br />be limited to stage performance; not in the
<br />audience.
<br />. Consider requiring a separation of two to six
<br />feet between the stage and the nearest area
<br />accessible to patrons.
<br />. Require that a licensed or responsible man-
<br />ager be on duty at all times.
<br />. Require that law enforcement personnel be
<br />given access to all public areas of the estab-
<br />lishment at all times.
<br />. Limit contact between persons on the prem-
<br />ises and prohibit actual or simulated sexual
<br />activity.
<br />. Require management diligence in prevent-
<br />Ing customers, employees, or performers from
<br />violating the ordinance.
<br />. Establish reasonable operating hours. At a
<br />minimum, require that sex businesses close
<br />when bars close.
<br />. Establish clear management responsibility
<br />to exercise reasonable diligence in controlling
<br />. the behavior of customers and performers.
<br />. Consider requiring that management use
<br />security and video monitoring to control activ-
<br />ity in the parking lot and on sidewalks and
<br />streets adjacent to the building.
<br />
<br />CONClUSION
<br />The goal of regulating sex businesses that are
<br />protected by the Rrst Amendment is to reduce
<br />or mitigate the potential negative effects of
<br />the businesses while respecting the Consti-
<br />tution. If in doubt about how to interpret the
<br />suggestions given in this article or elsewhere,
<br />simply come back to this principle and con-
<br />sider whether the existing or proposed ordi-
<br />nance meets that test.
<br />
<br />
<br />I ~?~~~S~~:~G~TS
<br />
<br />THE IMPACT OF URBAN SPRAWL ON RANCHING
<br />AND HABITAT
<br />
<br />1000 Friends of Oregon, 534 S.w. Third Ave.,
<br />Suite 300, Portland, Or., 97204. 2006. 24
<br />pages. Available online at
<br />www.friends.orgjrangelandjindex.html.
<br />
<br />Funded by the Hewlett Foundation, 1000
<br />Friends set outto interview ranchers and
<br />gather data on ranchland conversion to hous-
<br />ing and other purposes in Oregon. Despite the
<br />use of Exclusive Farm Use (EFU) zoning, it
<br />found that acres in ranchland continue to
<br />decline, but not primarily to urban develop-
<br />ment, which is largely contained by Oregon's
<br />urban growth boundaries. The primary culprit
<br />is the division of the land into small hobby
<br />farms and rural residential developments,
<br />which upset the delicate balance of ecological
<br />and economic factors that make ranching sus-
<br />tainable. This study, though brief, is a good
<br />warning to other states to preserve what they
<br />value in rural areas.
<br />
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<br />
<br />VOL. 23, NO. 10
<br />Zoning Practice is a monthly publication of the
<br />American Planning Association. Subscriptions are
<br />available for $75 (U.S.) and $100 (foreign). W.
<br />Paul Farmer, fAICP, E.l\ecutive Director; William R.
<br />Klein, AICP, Director of Research.
<br />Zoning Practice (ISSN 1548-0135) is prodUl;ed at
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<br />
<br />ZONING PRACTICE 10.06
<br />AMERICAN PLANNING ASSOCIATION 18'?' 7
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