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r. Article 14-October Annual Town Meeting, October 7, 2002 ZONING BYLAWS OF THE TOWN OF MASHPEE 2002 CHAPTER 174 ZONING §174-45.2 Adult Entertainment Uses History: Added 5-4-1998 ATM,Article 32,approved by Attornev General on 8-12-1998. A. AUTHORITY,PURPOSE AND INTENT (1) This by-law is enacted pursuant to M.G.L. Chapter 40A and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of certain adult entertainment and uses, as defined and designated herein, in response to studies demonstrating their deleterious effects. r: (2) It is the purpose and intent of this by-law to regulate the locations of adult entertainment uses in order to lessen the harmful secondary effects on adjacent areas. These secondary effects, which are documented in various studies include an increase in crime, a decline in property values, a flight of existing businesses, and gradual blight on neighborhoods. The purpose of ' the Adult Entertainment Use By-law is to prevent crime, maintain property values,protect the Town's retail trade, and protect and preserve the quality of residential neighborhoods and prevent adverse impacts on school children. The section does not prohibit adult entertainment uses,but rather provides reasonably regulated areas for these purposes within the Town. r (3) The provisions of this by-law have neither the purpose nor intent of imposing a limitation on a the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this by-law to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitutions of the United States or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell,rent,distribute or exhibit such matter or materials. Neither is it the purpose or intent of this by-law to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials. B. SPECIAL PERMITS RULES AND APPLICATION REQUIREMENTS. Adult entertainment uses shall be prohibitedin`all zoning districts excepted as otherwise permitted in this bylaw; and furthermore, may be permitted only upon the grant of an adult use special permit in accordance with §174-24C(1). Such an adult use special permit shall not be granted unless each of the following requirements, in addition to the requirements in§174-24 C special permit use,are satisfied: (1) The application requirements and procedures shall be conducted pursuant to Section(s) 174- 24C of this Zoning Bylaw. (2) The application for a special permit for an adult use shall provide the name and address of the legal owner of the establishment, the legal owner of the property, and the manager of the proposed establishment. (3) No Special Permit shall be issued to any applicant, if any applicant, principal(s), manager(s) have been convicted of violating the provisions of Massachusetts General Laws, Chapter 119, Section 63, or Chapter 272, Sections 1 through 35A, or equivalent statues in other jurisdictions. The application shall include authorization for the Planning Board to confirm criminal record information through the appropriate authorities.