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<br /> ~ 14 <br /> IJ) iI't <br />~. ë:) ~8 <br />0<5 ð'" <r,:; <br /> ù - ;:;:j::E <br />Wi5 ¿) ..::.:: <br /> ~"" 60 <br />.J -°\ C -"-, 0'> ORDINANCE 1995- <br /> <n- <br />_..~ , Q <br /> uJ ï:=b <br />~. ç ~~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />tlg:¡ ~ :>-. <br /> <r c.:: c MARCOS, TEXAS, UPDATING AND CLARIFYING CERTAIN <br />. -""-" ;:::<; <br /> '-' - <br />UJ~ L.l.J~ SECTIONS OF CHAPTER 37, SEXUALLY ORIENTED BUSINESSES <br />~è ~ G¡;:; <br /> r-! !.J..Jð5 OF THE SAN MARCOS CODE OF ORDINANCES; INCLUDING <br />"",-,::::l. '- ¡z)-- <br />¡I~~ C-.) ~ PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. <br />.~. ~ È.Q <br />\...-.~ ~Q <br />.'~- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> SECTION 1. That Section 37-1 of the San Marcos Code of Ordinances is amended <br /> to read as follows: <br /> Sec. 37-1. Findings and purpose. <br /> , . <br /> (a) The City Council finds that: <br /> (1) The Legislature of the State of Texas has determined that <br /> sexually oriented businesses such as the businesses regulated <br /> in this chapter may be detrimental to the public health, safety <br /> and welfare of a community by contributing to the decline of <br /> . <br /> neighborhoods and contributing to the growth of criminal <br /> activity. <br /> (2) The Legislature of the State' of Texas has granted cities <br /> authority to regulate sexually oriented businesses in Chapter <br /> 243, Texas Local Government Code. <br /> (3) The City, as a home-rule city, has other authority under the <br /> Texas Constitution and Local Government Code to enforce <br /> ordinances to proteèt the health, safety and welfare of its <br /> citizens. <br /> (4) Studies from other cities have found that sexually oriented <br /> businesses have an adverse effect on property values, <br /> contribute to an increased crime rate. in neighborhoods <br /> containing these businesses, cause an increase in sex-related <br /> crimes in such neighborhoods, and show a compounding of ill <br /> effects when two or more sexually oriented businesses are <br /> located in close proximity. <br /> (5) Sexually transmitted diseases are a legïtimate public health <br /> concern, and can be controlled to a certain extent by regulation <br /> of certain aspects of sexually oriented businesses. <br /> (b) The purpose of this chapter is to regulate adult businesses in order to <br /> control their adverse effects in the community. The purpose of this <br /> chapter is not to deny access to materials protected by the First <br /> Amendment to the United States Constitution. <br /> SECTION 2. That Section 37-2 of the San Marcos Code of Ordinances is amended <br /> to read as follows: <br /> Sec. 37-2. Definitions. <br /> In this chapter: <br />