§ 17-220. Purpose and additional 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, and public places allowing nudity 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)

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, live sex shows or public nudity.

(3)

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.

(4)

At least fifty (50) communicable diseases may be spread by activities occurring in sexually oriented businesses involving public nudity, 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.

(5)

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.

(6)

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.

(7)

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

(8)

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, including nudity, and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

(9)

The findings noted in paragraphs number (1) through (8) raise substantial governmental concerns.

(10)

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 and public places allowing nudity extends to preventing future secondary effects of either current or future sexually oriented businesses and public places allowing nudity 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.

(11)

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

(Ord. No. 15-2008, § I, 4-1-2008)