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Agenda - 01-21-2016 - 6-a - Minutes
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Agenda - 01-21-2016 - 6-a - Minutes
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1/14/2016 4:05:35 PM
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BOCC
Date
1/21/2016
Meeting Type
Regular Meeting
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Agenda
Agenda Item
6a
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Minutes 01-21-2016
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4 <br /> 1 Commissioner Dorosin asked if the two currently identified sites could hold more than <br /> 2 one business. <br /> 3 Michael Harvey said the parcels could be subdivided with two or three businesses. <br /> 4 Commissioner Pelissier referred to the risk of alcohol consumption at sexually oriented <br /> 5 businesses and asked if there are provisions in place to insure that alcohol is not being <br /> 6 consumed in other businesses next door. <br /> 7 Michael Harvey said the industrial districts do not allow restaurants or bars as permitted <br /> 8 uses of property. <br /> 9 Commissioner Rich asked if the wording in the amendment could be changed to "place <br /> 10 of worship" rather than "church and/or place of worship". <br /> 11 Michael Harvey said yes. <br /> 12 Commissioner Rich referred to page 21 and asked for the source of the definition of the <br /> 13 "state of nudity". <br /> 14 Michael Harvey said from State law and example ordinances throughout the State. <br /> 15 Commissioner Rich said the wording of this definition was strange and discriminatory to <br /> 16 the female body by identifying the bare female chest as obscene but not the bare male chest as <br /> 17 such. <br /> 18 Michael Harvey said this stems from the obscenity statute. <br /> 19 Commissioner Rich asked if the language must follow the statute. She said the <br /> 20 woman's body is constantly being put down and this reinforces that a woman's breasts should <br /> 21 not be seen. <br /> 22 James Bryan said he could review the issue. <br /> 23 Commissioner Rich asked if there could be clarity regarding the definition of male <br /> 24 genitalia. <br /> 25 Michael Harvey said he is unsure of her question. <br /> 26 Commissioner Rich said she does not understand why male genitalia is listed as <br /> 27 obscene, and that her teenage sons were naked in their home. <br /> 28 Michael Harvey said these definitions are referring to sexually oriented businesses and <br /> 29 an effort to keep these businesses operating appropriately. <br /> 30 Commissioner Dorosin said the ordinance is designed to keep actual live sex shows <br /> 31 from taking place. <br /> 32 Commissioner Rich said is struggling with the definition and she would like it to be more <br /> 33 general. <br /> 34 Michael Harvey said the specificity insures that some of the concerns expressed by <br /> 35 Commissioner Rich do not fall into an over ambiguous category, where unnecessary regulation <br /> 36 occurs; while allowing for the regulation of activities that have been deemed to be classified as <br /> 37 sexually oriented businesses. <br /> 38 Commissioner Dorosin said nude dancing cannot be regulated as it is protected by the <br /> 39 first amendment; but actual live sex shows can be regulated. <br /> 40 Commissioner Rich said the language requires that a woman, who is dancing nude, <br /> 41 must cover her breasts. <br /> 42 Michael Harvey said the language says that a woman wearing pasties is not considered <br /> 43 to be nude, or in a state of nudity. <br /> 44 Commissioner Rich said she would like to see the language include both male and <br /> 45 female. <br /> 46 Commissioner Jacobs asked if alcohol could be sold if the business is a private club. <br /> 47 Michael Harvey said he would refer to the attorney, but added that a private club could <br /> 48 serve alcohol but a private club could not be a sexually oriented business as alcohol is being <br /> 49 sold and consumed. <br />
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