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<br />ORDINANCE NO. 2()08-~ <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-5 OF <br />THE LAND DEVELOPMENT REGULATIONS RELATING TO <br />DEFINITIONS; AMENDING SECTION 265-37 OF THE LAND <br />DEVELOPMENT REGULATIONS RELATING TO ADULT <br />ENTERTAINMENT REGULATIONS IN THE TOWN CENTER <br />DISTRICT (TCD) AND THE AMORTIZATION OF NONCONFORMING <br />ADULT ENTERTAINMENT USES LOCATED THEREIN; PROVIDING <br />FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING <br />FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE <br />DATE. <br /> <br />WHEREAS, the City Commission has determined that the regulation of adult <br />entel1ainment uses within the City is necessary in order to assure the health. safety and welfare of <br />the community; and <br /> <br />WHEREAS. the City Commission has been presented evidence and reports concerning <br />the adverse secondary affects of adult entertainment uses on a community. which reports are part <br />of the official record of the City of Sunny Isles Beach and are on file with the City Clerk; and <br /> <br />WHEREAS, based on those reports and studies that are believed by the City <br />Commission to be relevant to the regulation of adult entertainment uses in the City of Sunny <br />Isles Beach, the City Commission finds that adult entertainment uses are predisposed to the <br />creation of unsafe and unsanitary conditions; that operators and employees of adult entertainment <br />uses tend to participate in various offenses - particularly sex-related offenses - on the premises of <br />such uses; that adult entertainment uses create substantial law enforccment problems; that the <br />operational characteristics of adult entertainment uses have a deleterious effect on surrounding <br />areas, resulting in neighborhood blight and reduced property values; and <br /> <br />WHEREAS. the City Commission is aware of and respects the fundamental <br />constitutional guarantees of free speech and free expression and realizes that restrictions of such <br />freedoms must be carefully drafted and enforced so that speech and expression are not curtailed <br />beyond the point at which it is essential to further the City's interest in public health. safety and <br />welfare; and <br /> <br />WHEREAS, adult entertainment uses may create a substantial law enforcement issues <br />for the City's police department and require an increased police presence; and <br /> <br />WHEREAS, the City Commission intends to minimize and control such adverse effects <br />by allowing such uses to locate only in the City's Town Center District (TeD) on parcels with <br />direct frontage on CoIl ins A venue. and with minimum distance restrictions to protect the public <br />health, safety and welfare of the citizens of the City; and <br /> <br />Words added underlined, words slfi8affi deleted (cd) <br /> <br />Page I ,,1'6 <br />