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6 <br /> expressed during the public hearing. Please refer to Attachment 6 to <br /> view the revised language. <br /> • A BOCC member asked if the text amendment would create a land use <br /> regulation for nudity. There was a concern the definition could have <br /> unintended consequences, specifically on people engaging in swimming <br /> activities at private clubs or public pools. <br /> STAFF COMMENT: The proposed definition of Nudity or a State of <br /> Nudity provides clarification and context to other recommended <br /> definitions associated with sexually oriented businesses, most notably <br /> an Adult Cabaret. <br /> Defining the term, in and of itself, does not create a land use regulation <br /> allowing Planning staff to regulate nudity. For example the adoption of <br /> the proposal does not preclude individuals from swimming, skinny <br /> dipping, or sunbathing on private property, walking through their <br /> residence(s) in a state of nudity, or swimming in a public pool. <br /> What the definition is designed to do is provide context to other terms <br /> defined as being considered a sexually oriented business allowing staff <br /> to make the determination if said activity qualifies as a sexually oriented <br /> business or not. <br /> Staff reminded the Board there are existing regulations governing the <br /> exposure of the female body contained within Chapter 24 of the County <br /> Code of Ordinances. <br /> • A BOCC member asked if the proposal should include a setback from bars <br /> and/or restaurants that serve alcohol. <br /> STAFF COMMENT: Staff believes it would be difficult to argue a <br /> bar/restaurant where alcohol is served is a sensitive use whose <br /> business would be negatively impacted by the location of a sexually <br /> oriented business near them. We do not believe such a regulation <br /> would withstand a legal challenge. <br /> As an aside restaurants and bars are not listed as allowable uses within <br /> the general use zoning districts (i.e. I-1 and 1-2) where sexually oriented <br /> businesses are proposed to be allowed. <br /> • A BOCC member commented he was not comfortable with the proposal to <br /> restrict/prohibit the sale or consumption of alcohol at a sexually oriented <br /> business. <br /> • There was general discussion on where the businesses would be allowed <br /> within the County. <br /> February 2, 2016 — Receive Planning Board Recommendation <br /> d. Other <br /> N/A <br /> 2. PUBLIC INVOLVEMENT PROGRAM <br /> 4 <br />