44. Sexually oriented business.
a. "The state has delegated to the city express authority to
regulate the location of sexually oriented businesses. General authority to regulate
the location and use of buildings and structures, in order to promote the health
and general welfare of the community, is granted under NRS 278.020 and NRS 278.250.
These state statutes do not constitute a comprehensive statutory scheme which
purports to regulate the location of sexually oriented businesses throughout the
state and do not indicate any attempt by the state to occupy the field. To the
contrary, the intent of the state, as clearly manifested in the above statutes,
is to vest in local government the authority to regulate such matters as they
see fit. These ordinances are not, as claimed by Flick, an excessive exercise
of municipal legislative power that renders the ordinances void under state law."
Flick Theater v. City of Las Vegas, 104 Nev. 87,
90, 752 P.2d 235 (1988). No. 26.
b. "[T]he city had the authority to enact ordinances regulating
the location of sexually oriented businesses in proximity to schools and churches."
Id. at 90.