MINNEAPOLIS - Officials in Chisago County said they are getting "proactive" by developing a new ordinance that would regulate adult-oriented businesses.
The county commissioner has been contemplating a number of options on the subject: to set in place a moratorium on adult businesses, adopt an ordinance from another county, or allow time for the environmental services office to draft an ordinance outright.
In the end, on a 4-1 vote, the commissioners asked Mary Darraugh Schmitz, director of the Environment Services and her staff to prepare an interim zoning ordinance on adult businesses.
A board will have to officially approve any regulations proposed by Schmitz and her staff. According to a report by the East Central Minnesota Post Review, the department will then develop a permanent ordinance.
Schmitz informed the board that she and her staff have reviewed ordinances from several other counties.
According to the report, the city board felt that regulation of adult oriented businesses may be required to "protect and preserve the health, safety and welfare of patrons of the businesses as well as the citizens of the county."
Outlawing the adult businesses entirely would be against the law because the United States Supreme Court has recognized a constitutional right for adults to access sexually oriented materials.
The board said they will consider licensing and land use regulations, separating adult businesses from each other, locating them away from schools, parks, libraries, day care centers and churches, as well as considering prohibiting the sale and or consumption of alcohol at adult establishments.
According to the East Central Minnesota Post Review, County Attorney Kristine Fuge informed the board that since 2006, the state has had a statute in place that prevents live performance of a sexual oriented nature which the county could fall back on until an ordinance is adopted.
Legal
- By
