A.

Purpose.

1.

It is the purpose of this section to regulate sexually-oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the parish, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually-oriented businesses within the parish. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material.

B.

Findings.

1.

Based on evidence of adverse secondary effects of adult uses presented in hearings and reports made available to the council, and on findings, interpretations, and narrowing constructions incorporated in the cases of Pap's A.M. v. City of Erie, 529 U.S. 277 (2000); City of Los Angeles v. Alameda Books, Inc., 122 S. Ct. 1728 (2002); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); California v. LaRue, 409 U.S. 109 (1972); Baby Dolls Topless Saloons, Inc. v. City of Dallas, 2002 U.S. App. LEXIS 12202 (5th Cir., June 20, 2002); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir 2002); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Woodall v. City of El Paso, 49 F.3d 1120 (5th Cir. 1995); J & B Entertainment, Inc. v. City of Jackson, 152 F.3d 362 (5th Cir. 1998); SDJ, Inc. v. City of Houston, 837 F.2d 1268 (5th Cir. 1988); TK's Video, Inc. v. Denton County, 24 F.3d 705 (5th Cir. 1994); Lagrange Trading Co. v. Nicolosi, 1991 U.S. Dist. LEXIS 3551 (E.D. La. 1991); Vonderhaar v. Parish of St. Tammany, 633 So. 2d 217 (La. Ct. App. 1993); Liberto v. Rapides Parish Police Jury, 667 So. 2d 552 (La. Ct. App. 1990); City of Gretna v. Russland Enterprises, Inc. 564 So. 2d 367 (La. Ct. App. 1990); and other cases; and on testimony to Congress in 136 Cong. Rec. S 8987; 135 Cong Rec. S 14519; 135 Cong. Rec. S 5636; 134 Cong Rec. E3750; and reports of secondary effects occurring in and around sexually-oriented businesses, including, but not limited to, Phoenix, Arizona - 1984; Minneapolis, Minnesota -1980; Houston, Texas - 1997; Indianapolis, Indiana - 1984; Amarillo, Texas -1977; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas -1986; Seattle, Washington - 1989; Oklahoma County, Oklahoma - 1986; Cleveland, Ohio - 1977; and Dallas, Texas - 1997; St. Croix County, Wisconsin - 1993; Bellevue, Washington - 1998; Newport News, Virginia - 1996; New York Times Square study - 1994; Phoenix, Arizona 1995-98; and also findings of physical abuse from the paper entitled "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota and from "Sexually-oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan 12, 2000, and the Report of the Attorney General's Working Group on the Regulation of Sexually-Oriented Businesses, (June 6, 1989, State of Minnesota), the council finds that providing specific zoning standards for sexually-oriented businesses is necessary to advance the health, safety and welfare of the community.

C.

Classification.

1.

Sexually-oriented businesses shall be classified as follows:

a.

Adult bookstores, adult novelty stores, adult video stores;

b.

Adult cabarets;

c.

Adult motels;

d.

Adult motion picture theaters;

e.

Semi-nude model studios.

D.

Location Requirements.

1.

No sexually-oriented business shall be located as follows:

a.

Within 3,000 feet of the property line of a private residential dwelling;

b.

Within 3,000 feet of the property line of any public library;

c.

Within 3,000 feet of the property line of any church, shrine, chapel, mortuary, or any other place used regularly for religious services;

d.

Within 3,000 feet of the property line of any school or day care center. "School" shall include only such public, private, and church-sponsored schools as regularly teach the subjects taught in the primary and secondary school of Louisiana;

e.

Within 3,000 feet of a regular stop where a school bus for the transportation of children boards or discharges passengers;

f.

Within the same building as another sexually-oriented business; or upon the same parcel as another sexually-oriented business with at least 3,000 feet between them, simultaneous existence of both businesses shall be allowed under this section;

g.

The distance restrictions apply in any and all directions from the property line of the proposed adult business, as measured in a straight line. This distance shall be verified by a plat showing distances furnished by the applicant. This plat shall accompany and be made a part of the application for a development permit.

E.

Effective Date.

1.

Section 17-2049 shall become effective on January 1, 2003. However, sexually-oriented businesses which were in existence as of the effective date of this section shall be considered nonconforming uses and shall continue to operate pursuant to the nonconforming uses section of this Code.

2.

Commentary. Sections 17-2049 were added to the Development Code by the adoption of an ordinance by a regular meeting of the Ascension Parish Council on November 21, 2002.

(DC03-01, 1/9/03; DC09-09, 12/17/09)