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LIVERMORE FALLS – Selectmen and members of the Planning Board met in special session Monday evening to discuss a proposed ordinance to regulate sexually oriented businesses.

The town is studying such an ordinance from the town of Farmingdale, which has been successfully defended in court.

It is aimed at regulating the location, time, place and manner of operation of sexually oriented businesses, rather than to deny them, which leads to questions of free speech and other issues.

Although planners usually handle ordinances, members of the two boards said that since this is a regulatory issue, it falls in the selectmen’s jurisdiction. The selectmen will review the proposal this week and discuss it at the next meeting on Monday, Sept. 20.

Both boards would like to have the proposed ordinance ready for the ballot in the Nov. 2 election, when more people would be likely to vote and when voting could be done by secret ballot.

The town now has a six-month moratorium on accepting new applications for adult businesses. The Planning Board had denied such an application submitted by Wayne Parker Jr. based his not showing a legal interest in the property at 54 Depot St., which is owned by his father.

The Farmingdale ordinance has applications filed with the town clerk, and calls for inspections by the health officer, the fire chief and code enforcement officer in addition to a background check on the applicant, including a criminal history record.

Also under that ordinance, such a business could not be located within 1,000 feet of the lot lines of any house of worship, school, residence, day-care facility, public park or recreational facility, or another sexually oriented business.

That ordinance also regulates the interior layout of the business, occupancy of spaces, and provides standards for denial.

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