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Filed & Recorded in
Official Records of
CAROLYN STRLEY
PULASKI COUNTY
RESOLUTION NO. 11,533 CIRCUIT /COUNTY CLERK
Fees $11.00
A RESOLUTION TO SET JULY 15, 2003, AS THE DATE FOR A PUBLIC
HEARING ON WHETHER TO ADD DAY CARE CENTERS TO THE LIST OF
SPACING SETBACK REQUIREMENTS FOR SEXUALLY ORIENTED
BUSINESSES LOCATED WITHIN THE CITY OF LITTLE ROCK, ARKANSAS;
AND FOR OTHER PURPOSES.
WHEREAS, Little Rock, Ark., Ordinance No. 15,269 (January 17, 1989), defined sexually
10 oriented businesses, and established certain spacing requirements between such a business and
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other types of uses within the City, and
WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, believes that it is
important to comply with the guidelines set down by the U.S. Supreme Court in City of Renton
v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Ambassador Books v. City of Little Rock, 20 F.3d
858 (81h Cir. 1994), on spacing requirements to avoid the adverse secondary effects of such
businesses, and
WHEREAS, the Board has questioned whether day care centers should be added to the
list of businesses to which the City's 750 -foot spacing requirement should apply, and
WHEREAS, City staff have conducted a study and determined that if day care centers,
as currently defined in City ordinances, is added there would still be more than five percent
(5 %) of the available space within the City for such uses to locate, and
WHEREAS, City staff have determined that other similar cities include day care centers
within the setback requirements for such cities, and
WHEREAS, City staff are completing the research and review of the studies in such
cities as to adverse secondary effects before making a final recommendation to the Board of
Directors, and
WHEREAS, the Board of Directors believes that it is important to have
such a decision prior to amending the sexually oriented business ordinance,
Resolution
Setting hearing on amendment to
Little Rock, ML, Ordinance No. 15,629 (January 17,1989)
[PACE 1 OF 21
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1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
2 CITY OF LITTLE ROCK, ARKANSAS:
3 Section 1. The Board of Directors shall conduct a public hearing on July 15, 2003, at
4 the regular meeting of the Board, for the purpose of discussing whether day care centers should
5 be added to the list of setback locations for sexually oriented businesses within the City as set
6 forth in Little Rock, Ark., Ordinance No. 15,629 (January 17, 1989); this public hearing shall
7 occur at 6:00 p.m., or at such time thereafter as the Board can address the issue during the
8 regular progression of its agenda.
9 Section 2. The City Clerk is directed to publish notice of this public hearing, and to
10 assure that notice is broadcast on the City's government access cable television channel.
11 Section 3. Severability. In the event any title, section, paragraph, item, sentence,
12 clause, phrase, or word of this resolution is declared or adjudged to be invalid or
13 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
14 resolution which shall remain in full force and effect as if the portion so declared or adjudged
15 invalid or unconstitutional was not originally a part of the resolution.
16 Section 4. Repealer. All laws and parts of laws inconsistent with the provisions of
17 this resolution are hereby repealed to the extent of such inconsistency.
18 ADOPTED: June 17, 2003
19 ATTEST: APPROVED:
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22 Nan4 Woo¢', City Clerk Ji ailey, Mayor
23 APPROVED AS TO LEGAL FORM:
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25 °V 1 f "'n '^ a✓l
26 Thomas M. Carpenter
27 City Attorney
28 H
29 H
30 H
[PAGE 2 OF 2]
Resolution
Setting hearing an amendment to
Little Rock Ark, Ordinan¢ No. 15,629(January 1],1989)