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ORDINANCE NO. 2009- 27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 18.288 OF THE SAN MARCOS CITY CODE TO PLACE A SIX MONTH MORATORIUM ON THE ISSUANCE OF LICENSES FOR SEXUALLY ORIENTED BUSINESSES; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. Recitals: 1. The City of San Marcos has adopted an ordinance to provide a 2:00 a.m. closing time for businesses offering on-premise consumption of alcoholic beverages and has set review periods of six months, one year, and two years following the adoption date to assess the effectiveness of that ordinance and its impact on the community. 2. The City anticipates that it may receive new applications for sexually oriented business licenses as a result of adopting the 2:00 a.m. bar closing time. 3. Existing provisions in Chapter 18, Sections 18.241 - 18.293 of the San Marcos City Code prohibit the operation of sexually oriented businesses in the central business area and at any location within 1,000 feet of a church, school, residential district, residential use, public park contiguous to residential districts, bars or another sexually oriented businesses. 4. The City Council has charged the Planning and Zoning Commission with the responsibility of studying the locations within the City of San Marcos that new sexually oriented businesses could be located under existing ordinance provisions and to make recommendations concerning text amendments to the Land Development Code or changes in zoning classifications in order to minimize the adverse secondary effects that such businesses have including lowering property values, increasing general crime rates, and increasing sex-related crime rates. 5. The City Council finds that a time period of up to six months is necessary and sufficient to have the Planning and Zoning Commission study these issues and make its recommendations concerning any ordinance amendments or changes in property classifications. 0