Regulation of sexually oriented businesses has become one of the more challenging tasks facing communities today and is one of the most litigated areas of land-use law today.
Communities that have tried to bar most or all sex businesses have generally lost court challenges to their regulatory schemes. Thus, regulations must balance legitimate community concerns about the businesses with the First Amendment rights of the business owners and customers. Courts increasingly demand that local governments base their zoning regulations of sexually oriented businesses on documented land-use effects of those businesses. Most regulations of sexually oriented businesses are directed at nude or topless bars, video stores and other establishments devoted almost entirely to sexually oriented activities. However, many well-regarded mainstream retail businesses include in their stock a measurable proportion of arguably sexually oriented material. This topic will provide you with a much greater understanding of the Constitutional parameters regulating sex businesses and give a strong introduction to key elements that should be included in any zoning and/or licensing ordinance regulating these businesses.
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Agenda
Why It's Important to Regulate Sex Businesses
- Constitutionally Protected Activity
- Growing Business - Affects Big Cities and Small Towns
You Think You've Seen Everything - Different Types of Sex Businesses
- On Premises Entertainment
- Off Premises Materials
Knowing the Relevant Court Cases Underlying Regulation of Sex Businesses
- Young v. American Mini-Theatres, Inc. - Anti-Skid Row Ordinances
- Playtime Theatres, Inc. v. City of Renton - Secondary Effects
- City of Los Angeles v. Alameda Books - Secondary Effects
- Reed v. Gilbert Impact on Renton/Alameda Books Doctrine - Possible Effect of 2015 Decision
- Annex Books, Inc. v. City of Indianapolis/Doctor John's, Inc. v. City of Sioux City - Shoddy Data
- Daubert v. Merrell Dow Pharmaceuticals - Not Applicable (Scientific Proof) for Adult Cases
- Schad v. Borough of Mt. Ephraim - Requirement for Available Local Sites
- Other Significant Court Cases
Practical Introduction to Negative Secondary Effects
Writing Effective Zoning and Licensing Provisions to Regulate Sex Businesses
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on March 3, 2016.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Connie B. Cooper, FAICP
Cooper Consulting Company, Inc.
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”
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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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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