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a <br />A REPORT ON ZONING AND OTHER METHODS <br />OF REGULATING ADULT ENTERTAINMENT IN AMARILLO <br />INTRODUCTION <br />This report on the current extent of pornography in Amarillo was initiated <br />upon the request of the Amarillo Planning and Zoning Commission April 25, 1977. <br />Accompanying the request was the desire for information concerning the possible <br />zoning control of all businesses catering to adults only. For the purpose of this <br />report, adult -only businesses have not been limited to those that display porno- <br />graphic material, but include bars, lounges, and any other business type which <br />restricts entry, sale or viewing based upon a minimum age. <br />This study is an attempt to briefly explore the national problem of adult -only <br />businesses with a major emphasis on those which deal in pornographic material. The <br />Amarillo situation was analyzed in relation to the extent of the national growth of <br />the adult -only industry and the extent and limitations to which the City can control, <br />through land use mechanisms, the proliferation of the industry outlets. <br />No city ordinance regulating any type of adult business is included within this <br />report and none will be drafted until discussion has occurred on the various options <br />available for the control of adult businesses. <br />In any consideration of whether or not to control and restrict adult -only <br />outlets within the municipal jurisdiction, the following should be reviewed: <br />I. To prohibit these uses to locate anywhere in the municipality, three <br />points must be considered: <br />A. The Courts have generally invalidated legislation which attempts <br />to prohibit a particular use altogether from a municipality. <br />B. Prohibiting the location of any pornographic use in the city could <br />be contested on the grounds that it provides an individual engaged <br />in such practice no means of livelihood within the City. <br />C. Such legislation could also be contested on the grounds that it <br />infringes upon the right of freedom of speech. <br />2. If these uses are to be allowed and restricted withintie municipality, <br />the City must decide where such uses are to be located. <br />EVER00321 <br />