Section 27-611 of the Unified Zoning Regulations regulates where Sexually Oriented Businesses (SOBs) may locate within the City of Billings. The existing regulations are intended to diminish the negative secondary effects of SOBs throughout the city. In June 2008, a deficiency in the existing regulations allowed an SOB without a liquor license to locate in the Central Business District zone at 222 North Broadway. This location is within 1,000 feet of a school, a park, three churches and the Parmly Billings Public Library. In June, 2008, Section 27-611 did not regulate commercial establishments that offer or provide live adult nude or semi-nude performances on a regular basis. The City does prohibit this activity only where alcoholic beverages are served (Section 3-304 BMCC). The City Zoning Commission conducted a public hearing on this amendment on October 6, 2009, and is forwarding a recommendation of approval on a 3-0 vote. The City Council held a public hearing of the ordinance on October 26, 2009, and approved the ordinance on first reading.

The City Zoning Commission held a public hearing on the proposed text amendment on October 6, 2009. No members of the public spoke at the Zoning Commission Public Hearing. The City Zoning Commission is forwarding a recommendation of approval. The City Council held a public hearing on October 26, 2009, and approved the ordinance on first reading. The City Council may:
• Approve the ordinance changes as recommended by the Zoning Commission;
• Postpone action on the ordinance amendments to seek additional information prior to the Dec. 23, 2009, deadline; or
• Not approve the ordinance changes, which would make the City vulnerable to the opening of simillar clubs in the future.

There should be no direct financial impact to the City as a result of the new zoning regulation.

The Zoning Commission recommends approval of Zone Change #850 on a 3-0 vote.