Regulating Sex Businesses, Part 2: Practical Tips



Wednesday, February 7, 2018, midnight
Thursday, December 31, 2020, midnight CST

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This course will provide practical tips for developing local zoning and licensing regulations for sexually oriented businesses, building on material from Part 1 of this two-part series. This lesson will focus on the practical side of regulation, with abbreviated legal references to material covered in Part 1 as well as additional legal references related to the particular topics at hand. This lecture will begin with a description of lawful and marginally lawful businesses found in the United States and a discussion of which businesses are protected by the First Amendment and which are not. The course will then make recommendations for dealing with these businesses through local zoning, with additional discussion of the requirements for "available sites." The course will also discuss the use of licensing ordinances and regulatory standards that can be included either in licensing or zoning ordinances. The course will include specific recommendations for permitting processes to ensure that those processes conform to the constitutional standards discussed in Part 1. Finally, the course closes with a checklist of critical issues to address in local ordinances.  

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Eric Kelly

Invited Speaker

Emeritus Professor of Urban Planning at Ball State University (retired in 2017) and an independent planning consultant. A frequent litigation consultant and expert witness on cases involving the regulation of signs, billboards and/or adult businesses. Has consulted with more than 100 local governments in more than 35 states. Since 1995, Kelly has been general editor of the 10-volume Matthew Bender set Zoning and Land Use Controls. An author or co-author of seven technical reports published in the Planning Advisory Service Reports series of the American Planning Association, including Everything you always wanted to know about regulating sex businesses with Connie Cooper. Kelly is a past national president of the American Planning Association, and in 1999, he was inducted as one of the members of College of Fellows of the American Institute of Certified Planners. Kelly holds Master of City Planning and Juris Doctor degrees from the University of Pennsylvania and a Ph.D. in public policy from the Union Institute. He is a member of the Colorado bar. He completed Yoga Teacher Training in 2017 and now teaches Yoga -- mostly for people new to Yoga -- at several locations.