04/22/1998 PLANNING BOARD Minutes

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concentrating in certain locations, or separating from other uses which will be inordinately * ' impacted by the sale, rental or display of sexually explicit materials, and, furthermore Section 9A of Chapter 40A of the Massachusetts General Laws specifically provides for municipal p � regulation of adult entertainment uses through Special Permits and standards related to location j and separation of such uses, and; i. Whereas, the Town of Mashpee does not desire to suppress any speech activities protected b . P y the First Amendment, but rather to enact a content neutral Bylaw concerned with the second ary effects of adult entertainment uses on the surrounding community, especially crime and effects ` p Y : upon children and family life, and therefore desires reasonable regulation of the location of adult F entertainment uses in order to provide for the protection of the image of the community, its ' `W_ property values, and to protect the residents of the community from any adverse effects of such adult entertainment land uses, while providing to those who desire to patronize adult entertainment land uses such an opportunity in areas within the Town which are appropriate for `` such land uses, and; A* ., .. Whereas, it is the intention of the Town of Mashpee in the adoption to rely upon the Supreme 4w Court of the United States in the cases of Citv of Renton v. Playtime Theaters, Inc., 475 US 41 Young_v. American Mini-Theaters, 427 US 50, and FWIPBS Inc. v Ci1y of Dallas, 110 US 598 jk. to regulate and limit the location of adult entertainment uses, to promote the Town of Mashp ee's { great interest in protecting and preserving the quality of life in its neighborhoods through t.r effective land use planning, and, Therefore, the following article is being presented to the voters of the Town of Mashpee for ' their consideration and adoption: To see if the Town will vote to amend the Zoning By-law as follows: f r By amending Article II Definitions, § 174-3, by inserting the following after ACCESSORY USE and before APARTMENT: "ADULT ENTERTAINMENT USES: shall include the following uses. `y (1) ADULT BOOKSTORE: as defined in M.G.L. Ch 40A, 9A; (2) ADULT MOTION PICTURE THEATER: as defined in M.G.L. Ch 40A, 9A; P (3) ADULT PARAPHERNALIA STORE: as defined in M.G.L. Ch 40A, 9A;. ' (4) ADULT VIDEO STORE: as defined in M.G.L. Ch 40A, 9A;. (5) ESTABLISHMENT WHICH DISPLAYS LIVE NUDITY FOR ITS PATRONS: a defined in M.G.L. Ch 40A, 9A." 0q �I ij 2 .