(A) It is the purpose of this article to regulate the operation of sexually oriented businesses that provide live entertainment in order to promote the health, safety, and general welfare of the citizens of the city and to minimize the deleterious secondary effects of such sexually oriented businesses both inside such businesses and outside in the surrounding communities. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative performances, including sexually oriented performances. Similarly, it is neither the intent nor effect of this article to restrict or deny access by adults to sexually oriented performances protected by the First Amendment, or to deny access by exhibitors of sexually oriented entertainment to their intended market.
(B) This article is in addition to other provisions in the Revised Ordinances of the City of Albuquerque that deal with related but separate matters; specifically, the provisions of the Integrated Development Ordinance regarding zoning regulations for Adult Amusement Establishments, the provisions of Chapter 11, Article 2 regarding viewing booths, and the provisions of Chapter 11, Article 6 regarding the distribution of obscene material.
(C) This article is promulgated pursuant to the city's home rule authority and Article I and Article IV § 8 of the City Charter.
(D) Any approvals granted under this article do not authorize or legalize any conduct, activity, or business that is illegal under city, state or federal law.
(Ord. 2012-030; Am. Ord. 2017-025)