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4 <br /> 5. Staff's review of these studies caused a conclusion that the secondary effects of sexually <br /> oriented businesses have negative impacts on the surrounding area, in the form of crime <br /> and property devaluation, which will be addressed by the proposed regulations. <br /> 6. Planning staff is recommending sexually oriented businesses observe a 1,000 ft. setback <br /> from each other as well as identified sensitive uses (i.e. church, residence, playground, <br /> etc.). Staff is recommending the setback for several reasons, including: <br /> a. Referenced studies have found the clustering of such land uses in a given area <br /> could attract an undesirable quantity and quality of transients adversely impacting <br /> property values, creating blight for adjacent properties, cause an increase in crime <br /> and encourages residents and businesses to move elsewhere. <br /> b. Courts have consistently found local communities have the legal ability and <br /> interest in promoting stable neighborhoods through requiring a setback. <br /> This was viewed as being a substantial government interest and the incidental <br /> impact of an ordinance regulating such businesses on protected speech. (United <br /> States versus O'Brien — US Supreme Court (1976) ; Young versus American <br /> Movie Theaters Inc. — US Supreme Court (1979) ; City of Renton versus Playtime <br /> Theaters — US Supreme Court (1986)). <br /> The proposed setback does not restrict the activity that can occur within the business. <br /> 7. Planning staff is recommending sexually oriented businesses not be located within a <br /> structure or on property where alcohol is allowed to be sold or consumed. Staff is <br /> recommending the standard for several reasons including: <br /> a. Referenced studies have found such land uses could attract an undesirable <br /> quantity and quality of transients adversely impacting property values, creating <br /> blight for adjacent properties, and causes an increase in crime (most notably <br /> prostitution). <br /> In some of these studies alcohol is identified as contributing factor. <br /> b. Courts have found local communities have the legal ability to restrict or prohibit <br /> the consumption/sale of alcohol (Fay versus State Board of Alcoholic Control — <br /> NC Court of Appeals (1976). <br /> c. State law allows governing bodies to restrict alcohol sales/consumption at sexually <br /> oriented businesses. Please refer to Attachment 2. <br /> The prohibition on alcohol sales/consumption does not restrict the activity that can occur <br /> within the business. <br /> For more background information please refer to Section B.1 of Attachment 1. Staff has also <br /> provided information on applicable State regulations associated with sexually oriented <br /> businesses in Attachment 2. <br /> SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals is applicable to <br /> this agenda item: <br /> GOAL: Enable Full Civic Participation <br /> Ensure that Orange County residents are able to engage government through voting and <br /> volunteering by eliminating disparities in participation and barriers to participation. <br />