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breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the
<br /> areola is not exposed in whole or in part.
<br /> SPECIFIED ANATOMICAL AREAS shall mean less than completely and opaquely covered
<br /> human genitals, pubic region, buttock, and/or female breast below a point immediately above the
<br /> top of the areola.
<br /> SPECIFIED SEXUAL ACTIVITIES shall mean intercourse, oral copulation, masturbation or
<br /> sodomy.
<br /> Item 2:
<br /> That Article 3: General Regulations,be amended to add a new subsection 3.29 as follows:
<br /> Section 3.29 Adult Establishment Regulations
<br /> Section 3.29.01 Purpose;Findings and Rationale
<br /> 1. Purpose. It is the purpose of this resolution to regulate adult establishments in order to
<br /> promote the health, safety, and general welfare of the citizens of the County, and to establish
<br /> reasonable and uniform regulations to prevent the deleterious secondary effects of adult
<br /> establishments within the County. The provisions of this resolution have neither the purpose
<br /> nor effect of imposing a limitation or restriction on the content or reasonable access to any
<br /> communicative materials, including sexually oriented materials. Similarly, it is neither the
<br /> intent nor effect of this resolution to restrict or deny access by adults to sexually oriented
<br /> materials protected by the First Amendment, or to deny access by the distributors and
<br /> exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent
<br /> nor effect of this resolution to condone or legitimize the distribution of obscene material.
<br /> 2. Findings and Rationale. Based on evidence of the adverse secondary effects of adult uses
<br /> presented in hearings and in reports made available to the Board of Supervisors, and on
<br /> findings, interpretations, and narrowing constructions incorporated in the cases of City of
<br /> Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books,
<br /> Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v.
<br /> Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50
<br /> (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109
<br /> (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435
<br /> U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v.
<br /> Stanglin,490 U.S. 19 (1989); and
<br /> Farkas v. Miller, 151 F.3d 900(8th Cir. 1998);Jakes, Ltd v. City of Coates,284 F.3d 884(8th
<br /> Cir. 2002);BZAPS, Inc. v. City of Mankato,268 F.3d 603 (8th Cir. 2001);SOB, Inc. v. County
<br /> of Benton, 317 F.3d 856(8th Cir.2003);Scope Pictures v. City of Kansas City, 140 F.3d 1201
<br /> (8th Cir. 1998);ILQ Invs. v. City of Rochester,25 F.3d 1413 (8th Cir. 1994); City of Lincoln v.
<br /> ABC Books, Inc.,470 N.W.2d 760(Neb. 1991);Xiong v. City of Moorhead,2009 WL 322217
<br /> (D. Minn. Feb. 2,2009);Entm't Prods., Inc. v. Shelby County,721 F.3d 729 (6th Cir. 2013);
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