Types of Businesses, Checklist for a Local Study, and Court Cases
“’Percentage stores.’ Many local governments specify that regulations of sexually oriented businesses apply only to those with a specified percentage of defined materials; some businesses may attempt to circumvent those regulations by carrying large numbers of pencils, lollipops, gumballs or other low-cost items to constitute 50 percent of 60 percent of an inventory count, thus allowing the store to carry many sexually oriented items without being subject to such restrictions. On the other hand, there are some essentially mainstream stores that offer a measurable percentage of specified material on high shelves or in a back room without affecting the general perception that they are mainstream stores. Local ordinances must address both types of stores in some way.”
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Eric Damian Kelly, PhD, FAICP and Connie B. Cooper, FAICP have been crafting sexually oriented business zoning and licensing regulations for almost two decades for communities across the US, including Kansas City (MO), Detroit (MI), Memphis/Shelby County (TN), Palm Beach County (FL), Alachua County (FL), Gainesville (FL), Fort Worth (TX), Toledo (OH), Arlington (TX), Amherst (NY), Biloxi (MS), Kenton and Campbell Counties (KY), Perry County (IN), and others.
Agenda
Faculty
Eric Damian Kelly, Ph.D., FAICP
Ball State University
Eric Damian Kelly, PhD, FAICP and Connie B. Cooper, FAICP
- Kelly and Cooper have been crafting sexually oriented business zoning and licensing regulations for almost two decades for communities across the US, including Kansas City (MO), Detroit (MI), Memphis/Shelby County (TN), Palm Beach County (FL), Alachua County (FL), Gainesville (FL), Fort Worth (TX), Toledo (OH), Arlington (TX), Amherst (NY), Biloxi (MS), Kenton and Campbell Counties (KY), Perry County (IN), and others
- Kelly – J.D. and master's of city planning degrees, University of Pennsylvania; Ph.D. degree, The Union Institute; licensed to practice law in Colorado; professor of urban planning at Ball State University and national consultant focusing on First Amendment land uses; inducted as a fellow of the American Institute of Certified Planners in 1999; and former national president of the American Planning Association
- Cooper – national planning consultant with 40 years of experience; master's of urban and regional planning degree, University of Mississippi; inducted as a fellow of the American Institute of Certified Planners in 2000; and former national president of the American Planning Association
- Co-wrote, Everything You Wanted to Know about Regulation of Sex Businesses, a Planning Advisory Service Report published in 2000 by the American Planning Association
- Co-wrote, “Survey of Texas and Florida Appraisers: Secondary Effects of Sexually Oriented Businesses on Market Values"
- General editor (Kelly) of Matthew Bender’s 10-volume Zoning and Land Use Controls including Chapter 11, “Regulation of Sexually Oriented Businesses”
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