§ 15-71. Rationale and findings.

(a)

Purpose. It is the purpose of this article to regulate sexually oriented businesses in order to promote the health, safety, moral, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene materials.

(b)

Findings and rationale. Based on evidence concerning the adverse secondary effects of adult uses presented in hearings and in reports made available to the city council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Pap's A.M. v. City of Erie, 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc. 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); Barnes v. Glen Theatre, Inc. 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 10 (1972); and Ben's Bar, Inc. v. Village of Somerset, 316 F. 3d 702 (7 ^th Cir. 2003); Schultz v. City of Cumberland, 26 F. Supp. 2s 1128 (W. D. Wisc. 1998), aff'd in part, rev'd in part, 228 F. 3d 831 (7 ^th Cir. 2000); Blue Canary Corp v. City of Milwaukee, 270 F. 3d 1156 (7 ^th Cir. 2001); Matney v. County of Kenosha, 86 F. 3d 692 (7 ^th Cir. 1996); Berg v. Health & Hospital Corp., 865 F. 2d 797 (7 ^th Cir. 1989); DiMa Corp v. Town of Hallie, 185 F. 3d 823 (7 ^th Cir. 1999); Graff v. City of Chicago, 9 F. 3d 1309 (7 ^th Cir. 1993); North Avenue Novelties, Inc. v. City of Chicago, 88 F. 3d 441 (7 ^th Cir. 1996); Chulchian v. City of Indianapolis, 633 F. 2d 27 (7 ^th Cir. 1980); Bigg Wolf Discount Video v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); World Wide Video of Washington, Inc. v. City of Spokane, 227 F. Supp. 2d 1143 (E.D. Wash. 2002) (including exhibits cited therein); County of Cook v. Renaissance Arcade & Bookstore, 122 Ill. 2d 123, 522 N.E. 2d 735 (1988) (including cases cited therein); Gammoh v. City of La Habra, 395 F. 3d 1114 (9 ^th Cir. 2005); World Wide Video of Washington, Inc. v. City of Spokane, 368 F. 3d 1186 (9 ^th Cir. 2004);

and based upon reports concerning secondary effects occurring in and around sexually oriented businesses including, but not limited to, Phoenix, Arizona - 1979, 1995-98; Minneapolis, Minnesota - 1980; Houston, Texas 1983, 1997; Indianapolis, Indiana - 1984; Amarillo, Texas - 1977; Garden Grove, California - 1991; Los Angeles, California-1997; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma City, Oklahoma - 1986; Cleveland, Ohio; Chattanooga, Tennessee - 1999-2003; Spokane, Washington - 2001; St. Cloud, Minnesota- 1994; Littleton Colorado- 2004; Dallas, Texas - 1997; Greensboro, North Carolina- 2003; New York, New York Times Square - 1994 and Beaumont, Texas- 1982; and also on finding from the Report of Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota),

the city council finds:

(1)

Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation.

(2)

Certain employees of sexually oriented businesses defined in this article as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

(3)

Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those that provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.

(4)

Offering and providing such space encourages such activities, which creates unhealthy conditions.

(5)

Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.

(6)

At least fifty (50) communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.

(7)

Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by human immunodeficiency virus (HIV) in the United States.

(8)

The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.

(9)

According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

(10)

Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

(11)

Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.

(12)

The findings noted in paragraphs number (1) through (11) raise substantial governmental concerns.

(13)

Each of the foregoing negative secondary effects constitutes a harm which the city has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the city's rationale for this article, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the city's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the city. The city finds that the cases and documentation relied on in this article are reasonably believed to be relevant to said secondary effects.

(14)

A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and operators of sexually oriented businesses. Further, such a licensing procedure will place an incentive on the operators to see that the sexually oriented businesses are run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.

(15)

Prohibiting of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.

(16)

The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented businesses, where such information is substantially related to the significant government interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.

(17)

It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this article is designed to prevent or who are likely to be witnesses to such activity.

(18)

Sexually oriented businesses should further be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one (1) area.

(19)

The general welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this article.

(Ord. No. 03-2008, § I, 4-1-2008)