Based upon documented evidence, studies, findings and reports concerning the negative secondary effects of sexually oriented businesses and the nexus between sexually oriented businesses and alcohol consumption, including findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), 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., 120 S.Ct. 1382 (2000) and findings in the case of Major Liquors, Inc. v. City of Omaha, 188 Neb. 628, 198 N.W. 2d 483 (1972) and studies in other communities including, but not limited to, Phoenix, Arizona; Tucson, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California; Adams County, Colorado; Denver, Colorado; Manatee County, Florida; Indianapolis, Indiana; Kansas City, Kansas; Minneapolis, Minnesota; St. Paul, Minnesota; Las Vegas, Nevada; Ellicottville, New York; Islip, New York; New Hanover, North Carolina; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Houston, Texas; Newport, Virginia; Bellevue, Washington; Des Moines, Washington; Seattle, Washington; St. Croix County, Wisconsin; and also findings from the Environmental Research Group to the American Center for Law and Justice (March 31, 1996), the City Council finds:
(A) Sexually oriented businesses have negative secondary effects on the existing businesses around them and the surrounding residential areas adjacent to them, carrying increased crime, the downgrading of property values, the downgrading of adjacent neighborhoods and the downgrading of the quality of life in the adjacent area;
(
B
) Improper conduct involving sexual acts occurs at sexually oriented businesses which provide private or semi-private booths or viewing rooms for the viewing of films, videos or live performances;
(
C
) The findings noted above raise substantial governmental concerns for the health, safety and welfare of the city, and it is appropriate for the purpose of promoting the health, safety and welfare of the citizens of the city that reasonable regulations be enacted so as to address the substantial governmental concerns and minimize and control the negative secondary effects of sexually oriented businesses and thereby promote and protect the health, safety and welfare of the city, protect the citizens from increased crime, preserve the quality of life, preserve the value of property and preserve the quality and character of surrounding neighborhoods;
(
D
) The enactment of reasonable regulations which involve locational criteria, licensing criteria, operational criteria and the prohibition of alcohol are appropriate to address the substantial governmental concerns and promote and protect the health, safety and welfare of the citizens of the city;
(
E
) A reasonable licensing procedure is an appropriate mechanism to place the burden of reasonable regulations on the owners of sexually oriented businesses and a licensing procedure will place an incentive on the owners to see that the sexually oriented business is operated in a manner which is consistent with the health, safety and welfare of patrons, employees and citizens of the city;
(
F
) The prohibition of doors on viewing booths and rooms and the requirement of sufficient lighting and line of sight requirements and structural requirements advance the substantial government interest in preventing improper conduct and sexual acts from occurring in those viewing booths and the rooms;
(
G
) The fact that an applicant for a sexually oriented business license has been convicted of a sex related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter and the barring of that individual from receiving a sexually oriented business license for a period of years serves as a deterrent to and prevents conduct in contravention of this chapter; and
(
H
) The health, safety and welfare of the citizens of the city will be promoted and protected by the enactment of this chapter.
(Ord. 822, passed 4-26-2005)