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PREFACE <br />This report presents the findings of the Amarillo Planning Department regarding <br />the adult entertainment industry within the confines of the Amarillo City Limits. <br />These findings analyze the land use effects of adult entertainment businesses and <br />alternatives for their regulation. Adult entertainment businesses are those that <br />customarily are not open to the general public by the exclusion of minors by reason <br />of age. <br />Presently, the only authority available to a city for regulating adult businesses <br />is the city's power to zone and license. These methods of control have been sanctioned <br />by the Young v American Mini Theaters, Inc case. <br />The determination of what is or is not obscene is to be made by a jury on a <br />case by case basis in accordance with the test described in the Marvin Miller v State <br />of California decision. The criminal offenses for dealing in obscenity, proscribed <br />by the Texas Penal Code, are the exclusive province of the State, and the city may <br />not invade this area by seeking to define obscenity or provide rebuff for its sale, <br />display or distribution. <br />EVER00320 <br />