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9 <br /> Michael Harvey said the provision was put there because the state law allows it but its <br /> elimination from this ordinance text amendment does not impact the enforceability of the text <br /> as a whole. <br /> Commissioner Dorosin referred to page 26, noting it says there are no properties zoned <br /> 1-2 and 1-3, and he asked if that is incorrect. <br /> Michael Harvey said yes, and there are zoned properties in Orange County that can <br /> allow for these establishments. <br /> Commissioner Dorosin said he appreciated the work on this issue and the regulations <br /> that will be imposed, given that sexually oriented businesses have many negatives and <br /> dangers related to them; but he does not believe that banning the sale of alcohol relates to the <br /> these inherent dangers, such as sexual trafficking. He said the risks of alcohol are the same <br /> whether at a sexually oriented business or at a bar. <br /> A motion was made by Commissioner Dorosin, seconded by Commissioner Price to <br /> strike the portion of the draft ordinance that bans the sale and consumption of alcohol in <br /> sexually oriented businesses. <br /> Michael Harvey said there must first be a motion to approve the statement of consistency, <br /> followed by a motion to approve the ordinance text amendment, revised as follows, eliminating <br /> the provision contained in Section 5.6.15 (B) (1) prohibiting sexually oriented businesses from <br /> selling, or being located within a structure allowing for the consumption of, alcohol. <br /> Commissioner Dorosin said this process does not make sense to him. <br /> John Roberts said the Court's ruling on statement of consistency is unclear, but he <br /> does not have any concerns with what Michael Harvey is suggesting. He said it would also be <br /> acceptable to adopt the statement of consistency after eliminating a portion of the ordinance. <br /> Commissioner Dorosin withdrew the motion. <br /> A motion was made by Commissioner Dorosin, seconded by Commissioner Price to <br /> close the public hearing and adopt the Statement of Consistency, contained within Attachment <br /> 5. <br /> VOTE: Ayes, 5 (Chair McKee, Commissioner Dorosin, Commissioner Pelissier, Commissioner <br /> Price, and Commissioner Burroughs); Nays, 2 (Commissioner Jacobs and Commissioner Rich) <br /> MOTION PASSES <br /> A motion was made by Commissioner Dorosin, seconded by Commissioner Price to <br /> strike from the Ordinance section 5.6.15b1, regarding the prohibition of the sale of alcoholic <br /> beverages. <br /> Commissioner Burroughs asked those in opposition to the vote to explain why. <br /> Chair McKee said he is not going to vote in opposition to this motion now, but he has <br /> question about the entire issue. <br /> John Roberts said Orange County cannot ban alcohol in its entirety, and if an <br /> application came forward with this type of use, the BOCC would have to consider it. He said <br /> this is needed in the event that something like this comes forward. He said in March, he will <br /> bring a general police power ordinance to the Board, and there will be more opportunity to <br /> discuss the operational aspects of sexually oriented businesses, as opposed to the land use <br /> aspects. <br />