Subd. 1. Whereas, The City of Austin, Minnesota (the “city”) has reviewed and analyzed numerous studies, reports, articles, judicial decisions and the experience and legislative findings of other cities around the country concerning the impacts or “secondary effects” of adult-orientated businesses and the sale, distribution, and display of sexually oriented materials (collectively, “adult-oriented business activities”) on the areas in which such activities are located or take place; and
Subd. 2. Whereas, adult-oriented business activities can cause or contribute significantly to increases in criminal activity in the areas in which they are located or take place, thereby taxing crime prevention, law enforcement, and public health services; and
Subd. 3. Whereas, activities and conduct provided by adult-oriented business activities encourages prostitution, increases the frequency of sexual assaults, attracts or encourages other related criminal activity, increases the public health and safety risks associated with adult-oriented business activities, and otherwise causes or contributes significantly to the adverse impacts and secondary effects of adult- oriented business activities on the areas in which such activities are located or take place; and
Subd. 4. Whereas, adult-oriented business activities can cause or contribute significantly to the deterioration of residential neighborhoods, can impair the character and quality of such neighborhoods and the housing located therein, and can inhibit the proper maintenance and growth of such neighborhoods, limiting or reducing the availability of quality, affordable housing for area residents and reducing the value of property in such areas; and
Subd. 5. Whereas, adult-oriented business activities can undermine the stability of other established business and commercial uses in the areas in which adult-oriented business activities are located or take place and can cause or contribute significantly to the deterioration of such business and commercial uses, thereby causing or contributing to a decline in such uses, an inhibition on business and commercial growth, and a resulting adverse impact on local government revenues and property values; and
Subd. 6. Whereas, adult-oriented business activities can have a dehumanizing and distracting influence on young people and students attending schools; can diminish or destroy the enjoyment and family atmosphere of persons using parks, playgrounds, forest preserves, and other public recreational areas; can interfere with or even destroy the spiritual experience of persons attending church, synagogue, or other places of worship; and can interfere with or even destroy the opportunity for solemn and respectful contemplation at cemeteries and similar facilities; and
Subd. 7. Whereas, the presence of adult-oriented business activities is perceived by the public generally and by neighboring business owners and residents as an indication that the area in which such activities occur or take place is in decline and deteriorating, a perception that can quickly lead to such decline and deterioration, prompting businesses and residents to flee the affected area to avoid the consequences of such decline and deterioration; and
Subd. 8. Whereas, the exterior appearance, including signage, of adult-oriented business activities can have an adverse impact on young people and students, can contribute to the decline in property values associated with adult-oriented business activities, and can otherwise cause or contribute significantly to the adverse impacts and secondary effects of adult-oriented business activities on the areas in which such activities are located or take place; and
Subd. 9. Whereas, the city has the power and authority to adopt and enforce the regulations established in this chapter pursuant to (1) its general police powers to protect the public health, safety, morals, and general public welfare; and (2) all other applicable provisions of law.
Subd. 10. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult- oriented materials protected by the First Amendment or to deny access by distributors and exhibitors of adult-oriented entertainment to their intended market.
(Ord. 481, Second Series, passed 8-5-02)