§ 18A-1. Purpose and findings.

(a)

Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter 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 Ordinance to condone or legitimize the distribution of obscene material.

(b)

Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the city council, and on findings incorporated in the cases of, including the following: Young v. American Mini Theatres, 427 U.S. 50 (1976), city of Renton v. Playtime Theaters, 475 U.S. 41 (1986); FW/PBS, Inc. v. city of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc. 501 U.S. 560 (1991); city of Erie v. Pap's A.M., 529 U.S. 277 (2000);, and on studies in other communities including, but not limited to: El Paso, Houston, Dallas, Austin; Report to the American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses [environmental Research Group, Philadelphia, March 31, 1996] the city council finds that:

(1)

The secondary effect of the activities defined and regulated by this ordinance are detrimental to the public health, safety and general welfare of the citizens of the city, and therefore, such activities must be regulated as provided in this chapter.

(2)

Regulation of sexually oriented businesses is necessary, because in the absence of such regulation, significant criminal activity has historically and regularly occurred. This history of criminal activity in the area of sexually oriented businesses has included prostitution, narcotics and liquor law violations, breaches of the peace and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants.

(3)

Contact between entertainers and patrons of sexually oriented businesses facilitates prostitution and other related crimes and the concern over unlawful sexual activities and related crimes is a legitimate concern of the city which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens.

(4)

Licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.

(5)

In the absence of regulation, the activities described in this chapter occur regardless of whether the sexually oriented business is presented in conjunction with the sale of alcoholic beverages.

(6)

It is necessary to have a licensed manager on the premises of sexually oriented businesses at such times as such businesses are offering sexually oriented entertainment so that there will, at all necessary times, be an individual responsible for the overall operation of the establishment, including the actions of patrons, entertainers and other employees.

(7)

The license fees required in this chapter are nominal fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the city in regulating sexually oriented businesses.

(8)

Hidden ownership interests for the purpose of skimming profits and avoiding the payment of taxes have historically occurred in the sexually oriented business area in the absence of regulation. These hidden ownership interests have historically been held by organized and white collar crime elements. In order for the city to effectively protect the public health, safety and general welfare of its citizenry, it is important that the city be fully apprized of the actual ownership of sexually oriented businesses.

(9)

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

(Ord. No. 2002-O-212, § 1, 9-3-02)