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MINUTES OF THE COMMITTEE TO REVIEW ORDINANCE TO REGULATE SEXUALLY ORIENTED BUSINESSES JUNE 30, 1998 The Committee to Review Ordinance to Regulate Sexually Oriented Businesses met Tuesday, June 30, 1998, at 4:30 P.M., in the City Council Chambers, City Hall, Paris, Texas. Mayor Pro Tern Jerry L. Thomas, Chairman, called the meeting to order with the following members present: Councilwoman Mary Ann Fisher, Leon Williams, Reverend Doug Miller, and Loren Stephens. Also present was City Manager Michael E. Malone, City Attorney Scott P. Foster, and Assistant City Clerk Barbara Denny. Chairman Thomas asked the City Attorney for an explanation concerning legal requirements and background information for the regulation of sexually oriented businesses. City Attorney Foster advised the committee concerning regulations in connection with sexually oriented businesses and how they relate to the First Amendment to the Constitution. Mr. Foster stated that most land use regulations permit permanent zoning for promoting public health, safety, morals and the general welfare of the public and that specific language to that effect will be found in every ordinance the City enacts concerning zoning. Mr. Foster advised when fundamental constitutional rights are involved, the City must show that there is a compelling state interest in regulating the secondary effects of the sexually oriented businesses. The City must apply strict scrutiny and regulate these businesses in the least restricting means. City Attorney Foster stated that this Committee is going to have findings and evidence presented in order that the Committee will know what to regulate and why to regulate it. He said that the findings and evidence will be very important in deciding what type regulations are in the best interest of the citizens of the City of Paris. Mr. Foster said that the Committee can use studies and surveys from other cities in reviewing and determining findings concerning effects of these businesses. He said that the Committee needs to be aware of some legislative findings found in the Local Government Code, Section 243, and to study the land use zoning requirements. Mr. Foster said that the courts have stated that you need to make sure that your restrictions do not restrict down to less than a minimum of 5 %of land available in a city. Chairman Thomas said that when the Committee looks at the City of Paris overall map that 5% of an area must be available for these businesses to be productive, even if we have guidelines restricting these businesses from certain entities such as schools, churches, or residential areas. City Attorney Foster stated that the Fifth Circuit Court of Appeals has interpreted the 5% to be actual useable land. Mr. Foster said that he had contacted the City Engineer about preparing a map for the