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• ORDINANCE NO. 2010-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 18, BUSINESSES, ARTICLE 6, SEXUALLY ORIENTED BUSINESSES, OF THE SAN MARCOS CITY CODE TO CHANGE DEFINITIONS AND LOCATION REQUIREMENTS; PROVIDING FOR PENALTIES. AND, INCLUDING PROCEDURAL PROVISIONS. RECITALS: 1. The City of San Marcos Department of Development Services reviewed the City's current ordinance regulating sexually oriented businesses in light of the City's growth and changes to the City's zoning ordinances. As a result of that review, the Department recommended that the ordinance be amended. The amended ordinance was considered by the Planning and Zoning Commission on November 10, 2009. The Planning and Zoning Commission considered and voted to approve the amended ordinance and recommend that the amended ordinance be approved by the City Council. • 2. The City Council of the City of San Marcos recognizes that over the years a number of studies have been conducted showing the secondary effects that arise from the operation of adult oriented businesses. Further, the City Council recognizes that a number of cities throughout the United States have adopted such studies as support for the regulation of adult oriented businesses. In several cases the United States Supreme Court has endorsed the use of secondary effects studies to support reasonable regulations of adult oriented businesses. 3. The City Council of the City of San Marcos hereby finds that the following studies, among others, show the deleterious secondary effects that arise from the operation of adult oriented businesses: Survey of Texas Appraisers and Crime Related Secondary Effects, Texas City Attorney's Association, June 2008; A report on Zoning and other Methods of Regulating Adult Entertainment, Amarillo, Texas; Adult Entertainment An Analysis, Indianapolis, IN, February 1984; Study and Proposed Zoning Ordinance Amendment, Los Angeles, California, April 1978; Study of Adult Entertainment Establishments in the City of Los Angeles, Los Angeles Department of City Planning, June 1977; and, Report of the Attorney General's Working Group of the Regulation of Sexually Oriented businesses; State of Minnesota, June 1989. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF • SAN MARCOS: