Ord 05-09ORDINANCE NO. 05-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 43-03 IN
ORDER TO INCLUDE A NEW STUDY REGARDING RETAIL-ONLY
ADULT ENTERTAINMENT ESTABLISHMENTS IN THE
LEGISLATNE HISTORY OF THE ORDINANCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the
public health, safety and welfare of its citizens; and
WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray Beach, in
the interest of health, peace, safety, and general welfare of the people of the "City of Dekay Beach," hereafter
the "City" and
WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this ordinance
is to establish reasonable and uniform regulations for the adult entertainment industry that will protect the
health, safety, property values, and general welfare of the people, businesses, and industries of the City. It is
not the intent of the City Commission to legislate with respect to matters of obscenity. These matters are
regulated by federal and state law, including chapter 847 of the Florida Statutes; and
WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the City of
Delray Beach, Florida, prior to approving Ordinance 43-03, considered reports, studies, and judicial opinions
concerning the adverse secondary effects of adult uses on the community and desires to update this list to
include a new study regarding the secondary effects of retail-only adult entertainment establishments. The list
is hereby amended as follows:
1. City of Kenton v. Playtime Theaters, Inc., 475 U.S. 411 (1956), reh. denied, 475 U.S. 1132.
2. Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1975), reh. denied, 429 U.S. 873.
3. Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991).
4. City of Los Angeles a Alameda Books, Inc., 535 U.S. 425, 122 S.Ct. 1728, 152 L.Ed. 2d 670 (2002).
5. Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (11`h Cir. 1999).
6 Report on Zoning and Other Methods of Kegulating Adult Entertainment in Amarillo, (Texas) dated
September 12, 1977.
7. Regulation of Criminal Activity and Adult Businesses, City of Phoenix, May, 1979.
8. Findings of the City Planning Commission of the Ciry of New York dated January 26, 1977.
9. Detroit's Approach to Regulating the `Adult Uses" presented to American Institute of Planners,
Annual Conference, October 10, 1977.
10. Report to the City Planning Commission and City Council from the Planning Department of
the Ciry of Beaumont, Texas dated September 14, 1982.
11. Legislative Deport on an Ordinance Amending Section 28-73 of the Code of Ordinances of the City of Houston,
Texas; Providing for the Regulation of Sexually Oriented Commercial Enterprises, Adult Bookstores, Adult Movie Theaters and
Massage Establishments; and Making Various Provisions and Findings Kelating to the Subject. Report prepared by the
Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983.
12. Keport on Adult Oriented Business in Austin. Report prepared by the Special Programs Division of
the Office of Land Development Services of the Ciry of Austin, Texas. Dated May 19, 1986.
13. Adult Entertainment Business in Oklahoma City. A Survey of Deal Estate Appraisers. Report prepared
by the Community Development Department of the City of Oklahoma City, Oklahoma. Dated March 3,1986.
14. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the Department of
Metropolitan Development dated February, 1984.
15. Palm Beach County Sheriff's Office report dated April, 1998.
16. Director's Keport.• Proposed Land Use Code Text Amendment, Adult Cabarets. A report prepared by
the Director of the Department of Construction and Land Use of the City of Seattle, Washington. Dated
March 24, 1989.
17. Report to the American Center for La2v and Justice on Secondary Impacts of Sex Oriented Businesses, Peter R.
Hecht, Ph.D, March 31, 1996.
18. Adult Business Study in Town and Village of Ellicottville, Cattaraugus County, Nero York. An analysis
prepared by the Town/Village Planner, Gary Palumbo, AICP. Dated January, 1998.
19. Adult Use Study in Newport News, Virginia. An analysis prepared by the Department of Planning
and Development of the City of Newport News, Virginia. Dated March, 1996.
20. Memorandum of Lain on Adeguate Alternative Avenues of Community for Sexually Oriented Businesses. An
analysis prepared by Laura Corbett Brown and Bruce A. Taylor of the National Law Center for Children and
Families. Dated October 1, 1995.
2 ORD. NO. 05-09
of sexually-oriented businesses on market values and the secondary effects of "offsite" sexually-oriented
businesses prepared by Connie B. Cooper, FAICP. Eric Damian Kelly, Ph.D., FAICP, and Richard McCleary,,
Ph.D. dated Tune, 2008.
Section 1. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 3. That this ordinance shall become effective immediately upon its passage on second
and final reading. 1
PASSED AND ADOPTED ui regular session on second and final reading on this 3 day of
2009.
~~~~
MAYOR
TTEST~~ .
•-~~~ ~J
CITY CLERK
First Readin ~ `J
Second Readin ~ 3 0
3 ORD. NO. 05-09
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: January 30, 2009
SUBJECT: AGENDA ITEM 10 C -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009
ORDINANCE NO.OS-09
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading for a City initiated ordinance amending
Ordinance No. 43-03 in order to include a new study regarding retail-only adult entertainment
establishments in the legislative history of the ordinance.
BACKGROUND
At the first reading on January 20, 2009, the Commission passed Ordinance No. OS-09.
RECOMMENDATION
Recommend approval of Ordinance No. OS-09 on second and final reading.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Terrill C. Pyburn, Assistant City Attorney
THROUGH: Susan A. Ruby, City Attorney
DATE: January 6, 2009
SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF JANUARY 20, 2009
ORDINANCE NO.OS-09
ITEM BEFORE COMMISSION
Ordinance OS-09.
BACKGROUND
The attached Ordinance OS-09 amends Ordinance 43-03 in order to include a new study regarding retail-
only adult entertainment establishments in the legislative history of the ordinance.
RECOMMENDATION
The City Attorney's Office recommends City Commission approval.
ORDINANCE 1V0.05-09
AN ORDINANCE OF THE QTY COMNIISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 43-03 IN
ORDER TO INCLUDE A NEW STUDY REGARDING RETAIL-ONLY
ADULT ENTERTAINMENT ESTABLISHMENTS IN THE
LEGISLATIVE HISTORY OF THE ORDINANCE; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach Florida, has the authority to protect the
public health, safety and welfare of its citizens; and
WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray BeacYy in
the interest of health, peace, safety, and general welfare of the people of the "City of Delray Beach;' hereafter
the "Cit~' and
WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this ordinance
is to establish reasonable and uniform regulations for the adult entertairurrent industry that will protect the
health, safety, property values, and general welfare of the people, businesses, and industries of the City. It is
not the intent of the City Commission to legislate with respect to matters of obscenity. These matters are
regulated by federal and state law, including chapter 847 of the Florida Statutes; and
WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the City of
Delray Beach, Florida, prior to approving Ordinance 43-03, considered reports, studies, and judicial opinions
concerning the adverse secondary effects of adult uses on the commtnuty and desires to update this list to
include a new study regarding the secondary effects of retail-only adult entertainment establishrr~ertts. The list
is hereby amended as follows:
1. Cityof Renton v. Playl-irr~ Theaters, Inc, 475 U.S. 411 (1956), reh. denied, 475 U.S. 1132.
2. Youngv. AmeriarnMini-Theaters, Inc, 427 U.S. 50 (1975), reh. denied, 429 U.S. 873.
3. Banes v. Glen Thazter, Inc, 501 U.S. 560 (1991).
4. Cityof L as Andes v. Alamerla Books, Inc, 535 U.S. 425,122 S.Ct. 1728,152 L.Ed 2d 670 (2002).
5. Bass Capital, Inc v. Cityof Ca,~selbeny,187 F.3d 1251 (11~' Cir.1999).
6 Report on Zoning and Otl~x 11~Izcds of Regulating Adult Entertainrn~ in Amzrzllo, (Texas) dated
September 12,1977.
7. Regulation of Crirranal Adizityand Adult Busine~, City of Phoenix, May, 1979.
8. Findings of the City Planning Commission of the City of New York dated January 26,1977.
9. Detiroit's Apprradi to Regulating the "Adult Uses" presented to American Instituke of Planners,
Annual Conference, October 10,1977.
10. Report to the City PlariZirrg Commission and City Council from the Planning Depaxtrrrerlt of
the City of Beaumont, Texas dated September 14,1982.
11. L egislatize Report on an Ordinance Amending Section 28-73 of the Cade of Ordinances of the City of Houston,
Texas; PnnXding for the Regulation of Sexually Oria~tc~l Cotrv~rdal E rrte~prises, Adult Bcnkstores, Adult Morze Theaters and
Nlassa~ Establish~r~ds; aril Making Various Prrrusions and Findings Relating to the Subject. Report prepared by the
Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983.
12. Report on Adult Oreented Business in Austin Report prepared by the Special Programs Division of
the Office of Land Development Services of the City of Austin, Texas. Dated May 19,1986.
13. Adult Entertainment Business in Oklahorra City. A Su-zpyof Rawl Estate Appraisers. Report prepared
by the Commzmity Development Depattmellt of the City of Oklahoma City, Oklahoma Dated March 3,1986.
14. Adult Entertainment Busirs in Indianapolis. An analysis prepared by the Deparlinerlt of
Metropolitan Development dated Febniary,1984.
15. Palm Beach County Sheriff's Office report dated Apri1,1998.
16. Dims Report: Proposed Land Use Code Text Anxmdm~, Adult Cabarets. A report prepared by
the Director of the Department of Construction and Land Use of the City of Seattle, Washington Dated
March 24,1989.
17. Report to the Ameriam Center fur L award justice on Seevndarylnrpads of Sex Oriented Businesses, Peter R.
Hecht, PhD, March 31,1996.
18. Adult Business Study in Tour aced V illage of E Ilimttulle, Cattaraugus County, New York. An analysis
prepared by the Town/Village Plaruier, Gary Palumbo, AICP. Dated January,1998.
19. Adult Use Study in Nezcpnrt Neus, Virginia. An analysis prepared by the Department of Plaruvng
and Development of the City of Newport News, Virginia. Dated March 1996.
20. Merrorandum of L aw on Adequate Alternatize Azenues of Convrua~ity for Sexually Oriented Businesses. An
analysis prepared by Laura Corbett Brown and Bruce A. Taylor of the National Law Center for Children and
Families. Dated October 1,1995.
2 ORD. N0.05-09
21. Srrrz~ of Texas A~praisas acrd Crimp-Relata~ See~ndanL,~afs An analysis of the secondary ettects
of sexually-oriented businesses on market values and the secondary effects of "offsite" sexually-oriented
businesses prepared by Connie B Cooper FAICP Eric Damian Kelly PhD. FAICP and Richard McQeax~,
PhD. dated June, 2008.
Section 1. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed
Section 3. That this ordinance shall become effective uru~diately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this day of
2009.
ATTEST:
QTY CLERK
First Reading
Second Reading
MAYOR
3 ORD. N0.05-09
ORDINANCE NO. 05-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 43-03 IN
ORDER TO INCLUDE A NEW STUDY REGARDING RETAIL-ONLY
ADULT ENTERTAINMENT ESTABLISHMENTS IN THE
LEGISLATNE HISTORY OF THE ORDINANCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the
public health, safety and welfare of its citizens; and
WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray Beach, in
the interest of health, peace, safety, and general welfare of the people of the "City of Delray Beach," hereafter
the "City" and
WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this ordinance
is to establish reasonable and uniform regulations for the adult entertainment industry that will protect the
health, safety, property values, and general welfare of the people, businesses, and industries of the City. It is
not the intent of the City Commission to legislate with respect to matters of obscenity. These matters are
regulated by federal and state law, including chapter 847 of the Florida Statutes; and
WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the City of
Delray Beach, Florida, prior to approving Ordinance 43-03, considered reports, studies, and judicial opinions
concerning the adverse secondary effects of adult uses on the community and desires to update this list to
include a new study regarding the secondary effects of retail-only adult entertainment establishments. The list
is hereby amended as follows:
City of Kenton v. Playtime Theaters, Inc., 475 U.S. 411 (1956), reh. denied, 475 U.S. 1132.
2. Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1975), reh. denied, 429 U.S. 873.
3. Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991).
4. City of L.osAngeles v. Alameda Books, Inc., 535 U.S. 425, 122 S.Ct. 1728, 152 L.Ed. 2d 670 (2002).
5. Boss Capital, Inc. v. City of Casselbery, 187 F.3d 1251 (11`'' Cir. 1999).
6 Keport on Zoning and Other Methods of Kegulating Adult Entertainment in Amarillo, (Texas) dated
September 12, 1977.
7. Kegulation of Criminal Activity and Adult Businesses, City of Phoenix, May, 1979.
8. Findings of the City Planning Commission of the City of New York dated January 26, 1977.
9. Detroit's Approach to Regulating the `Adult Uses" presented to American Institute of Planners,
Annual Conference, October 10, 1977.
10. Report to the City Planning Commission and City Council from the Planning Department of
the City of Beaumont, Texas dated September 14, 1982.
11. Legislative Report on an Ordinance Amending Section 28-73 of the Code of Ordinances of the City of Houston,
Texas; Providing for the Regulation of Sexually Oriented Commercial Enterprises, Adult Bookstores, Adult Movie Theaters and
Massage Establishments; and Making Various Provisions and Findings Relating to the Subject. Report prepared by the
Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983.
12. Report on Adult Oriented Business in Austin. Report prepared by the Special Programs Division of
the Office of Land Development Services of the City of Austin, Texas. Dated May 19, 1986.
13. Adult Entertainment Business in Oklahoma City. A Survey of Real Estate Appraisers. Report prepared
by the Community Development Department of the City of Oklahoma City, Oklahoma. Dated March 3,1986.
14. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the Department of
Metropolitan Development dated February, 1984.
15. Palm Beach County Sheriff s Office report dated April, 1998.
16. Director's Report.• Proposed Land Use Code Text Amendment, Adult Cabarets. A report prepared by
the Director of the Department of Construction and Land Use of the City of Seattle, Washington. Dated
March 24, 1989.
17. Report to the American Center for Lasv and Justice on Secondary Impacts of Sex Oriented Businesses, Peter R.
Hecht, Ph.D, March 31, 1996.
18. Adult Business Study in Town and Village of Ellicottville, Cattaraugus County, Nesv York. An analysis
prepared by the Town/Village Planner, Gary Palumbo, AICP. Dated January, 1998.
19. Adult Use Study in Newport Nesvs, Virginia. An analysis prepared by the Department of Planning
and Development of the City of Newport News, Virginia. Dated March, 1996.
20. Memorandum of Lase on Adequate Alternative Avenues of Community for Sexually Oriented Businesses. An
analysis prepared by Laura Corbett Brown and Bruce A. Taylor of the National Law Centex for Children and
Families. Dated October 1, 1995.
2 ORD. NO. 05-09
21. Survw of Texas A1~~rai.rerr and Crime-Kelated Secondary E,~ectr. An analysis of the secondary effects
of sexually-oriented businesses on market values and the secondary effects of "offsite" sexually-oriented
businesses prepared by Connie B Cooper FAICP, Eric Damian Kelly, Ph.D., FAICP, and Richard McCleary.
Ph.D. dated June, 2008.
Section 1. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 3. That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this day of
2009.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading;
3 ORD. NO. 05-09