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I <br /> ` ! public safety, property value decrease} . State Zoning Act S.9A <br /> defines adult uses that can be regulated. <br /> Eric stated that at this time, everything is based upon <br /> Entertainment Licenses, which are regulated by the Selectmen. <br /> The burden of proof being with the Town in these matters, the <br /> ' •`" Town only has the authority to regulate in order to maintain <br /> public order. <br /> Zoning. The purpose is to keep such uses away from <br /> :,W residential areas, children and schools. This can be <br /> ;11 <br /> accomplished by creating a new overlay district, by regulating <br /> ;4ii1l+ <br /> distances or allowance by Special Permit of a specific zone. <br /> G <br /> options the Town Can Take. Existing uses should be required <br /> to apply for a Special Permit. Section G of the State Zoning Act <br /> was amended to remove Grandfather protection from all Adult Uses <br /> including dancing establishments (constitutionality has been <br /> challenged) . The Planning Board has the authority to impose <br /> certain restrictions (hours landscape screening) ; and create <br /> " distance requirements on new liquor/entertainment licenses. <br /> xp Mr. Fudala Comments Discussion: expressed a concern <br /> / <br /> j split regarding the interpretation of Adult Uses under this Bylaw as it <br /> ;0,.;,:_ would pertain to bookstores and the First Amendment/Personal <br /> Privacy issues. <br /> The Board appeared to agree the secondary effects would not <br /> be the same. Diane Mulvey asked if bookstores could be excluded <br /> t.s <br /> from the Bylaw and then, factored in at some later date, if deemed <br /> ''�`�"IfG '., necessary. The Vice Chairman cautioned against changing a <br /> t regulation on an as-needed basis; although any regulation is <br /> subject to improvement/modification. (Brief discussion regarding <br /> ..fir. <br /> ={1 i;` r' �� secondary impacts ensued. ) <br /> The Vice Chairman addressed the legality of the <br /> r <br /> • ` � of Grandfathering issue. And also the legal ramifications of <br /> � . enforcing the Bylaw with regard to First Amendment Rights. <br /> 4+ Eric read the following excerpt from a Ko elman and Paige <br /> = handout "Retroactive application of the Adult Use Bylaw under <br /> State Law C.44 S. 6 allows municipalities to have these adult <br /> �4o entertainment zoning bylaws applied retroactively to the adult <br /> y rkIA ;;:;� �� _, uses . There are some questions as to the Constitutionalityof <br /> J It <br /> this requirement. Escapade vs. the City of New Bedford, a <br /> Superior Court Judge found the state law unconstitutional and <br /> invalidated the Ci ty i s Application Notice Adult Entertainment <br /> ordinance. Should the municipality nonetheless want to pursue <br /> this option, the Retroactive p Section could be phrased as follows <br /> (model language) . Adult Entertainment Uses in existence on the <br /> effective date of this Bylaw shall apply for an Adult <br /> Entertainment Special Permit within ninety (90) days of adoption <br /> i <br /> % of this Bylaw. " <br /> •,+%lilt <br /> s, f <br />