Legal Periodical: Adult Entertainment And Zoning: A Starting Point For Adopting Or Updating Adult Business Ordinances

Teresa L. Watson, Adult Entertainment And Zoning: A Starting Point For Adopting Or Updating Adult Business Ordinances, 80-APR J. Kan. B.A. 30 (Apr. 2011)

(An excerpt is below. To view the full text, please use Westlaw, Lexis, a law library or alternative source.)

“This article summarizes the law as it pertains to the regulation of adult businesses. Part II provides some background regarding relevant Kansas statutes. Part III explores U.S. Supreme Court precedents interpreting the constitutional requirements for the regulation of adult businesses. Finally, Part IV reveals how the constitutional requirements have been interpreted and applied by the Tenth U.S. Circuit Court of Appeals.”

9th Circuit reinstates L.A. SOB ordinance

Alameda Books Inc. v. City of Los Angeles, No. 09-55367 (9th Cir. Jan. 28, 2011)

PA: When defining adult businesses, local municipalities cross into hot territory

“Earlier this month, Derry Township officials found themselves considering a legal challenge when the owner of Shane’s City Limits sought to revive his business by having scantily-clad dancers shimmy for customers several nights a week . . . The Shane’s incident was unusual not only because of the novelty . . . but because cases involving adult establishments have quieted in the past decade.”

January 20, 2011 | Comments Off  Tags: , , ,

TX: Airport steaming over strip club neighbor

“A new Rick’s Cabaret is about to open near the South entrance to DFW International Airport . . . The new strip club is trying to get a liquor license from the Texas Alcoholic Beverage Commission. Prominent Tarrant County leaders, including County Judge Glen Whitley, are protesting the permit.”

MO: Pevely denies license for adult store

“City officials have denied an appeal to allow the Pure Pleasure Boutique to obtain licenses to operate, one of the store’s owners said Monday.”

CA: Lake Forest to consider moratorium on adult businesses

“The City Council on Tuesday will consider an interim ordinance establishing a moratorium on permits for adult businesses following the rezoning of land from business park to homes and commercial uses.”

KS: Citizens fight to keep strip club out of Jefferson County

“The owners of the Oasis were trying to be annexed by the city. Meriden has no zoning that would restrict operation of an Adult Entertainment Establishment. When the City declined to annex, they fell under County zoning rules, and had to apply for a permit.”

January 4, 2011 | Comments Off  Tags: , ,

TX: Strip clubs challenge Fort Worth law on exterior paint

“Three strip clubs challenge the constitutionality of a Fort Worth law that demands that sexually oriented businesses be painted in a single ‘achromatic’ color with a single ‘achromatic’ trim, ‘both colors consisting of a neutral earth tone color only.’”

Pittsburgh loses appeal of strip club approval

Marquise Investment, Inc. v. City of Pittsburgh, No. 2507 C.D. 2009 (Dec. 30, 2010)

6th Circuit upholds $3,000 SOB licensing fee

729, Inc. v. Kenton County Fiscal Court, No. 09-6291 (6th Cir. Nov. 23, 2010)

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