(A) Purpose.
(1) 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 county, and to establish reasonable and uniform regulations relating to sexually-oriented businesses. 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 sexually-oriented materials, but to enact a content neutral ordinance which addresses the secondary effects of sexually-oriented businesses. Similarly, it is neither 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.
(2) However, neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material and the Fiscal Court recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state law enforcement officials to enforce state obscenity statutes against such illegal activities in the county.
(B) Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in reports made available to the Fiscal Court, and on findings incorporated in the cases of City of Renton v. Play Time Theaters, Inc., 475 U.S. 41 (1986), Young vs. American Mini- Theaters, 426 U.S. 50 (1976), and Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to: Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and also on findings from the report of the Attorney General’s Working Group on the regulation of sexually-oriented businesses, (June 6, 1989, State of Minnesota), the Fiscal Court finds the following.
(1) Sexually-oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
(2) Certain employees of sexually-oriented businesses defined in this chapter as adult theaters and cabarets engage in higher incidents of certain types of illicit sexual behavior than employees of other establishments.
(3) Sexual acts occur at sexually-oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows. Offering and providing such space encourages such activities which creates unhealthy conditions.
(4) 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.
(5) At least 50 communicable diseases may be spread by activities occurring in sexually- oriented businesses, including but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, non-A amebiasis, non-B amebiasis, salmonella infections, and shigella infections.
(6) There has been an increasing cumulative number of reported cases of AIDS caused by the HIV virus in the United States. Through December 31, 1997, there have been 619,690 reported cases of AIDS in the United States. As of December 31, 1997, there have been 2,583 reported cases of AIDS in commonwealth.
(7) The U.S. Surgeon General in his report of October 22, 1986, advised the U.S. public that AIDS and HIV infections may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.
(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 and the failure of the owners and operators of the facilities to self-regulate those activities and maintain those facilities.
(9) Children, the family environment, and residential neighborhoods suffer injury from the deleterious effects and harmful consequences resulting from the distribution of, and exposure to, certain sexually-explicit materials. This is particularly so when such material is permitted to leave a business’ premises and enter the immediate family environment, neighborhood, and certain areas where children are likely to be.
(10) The findings noted in divisions (B)(1) through (B)(9) above raise substantial governmental concerns.
(11) Sexually-oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
(12) Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.
(13) The general welfare, health, and safety of the citizens of the county will be promoted by the enactment of this chapter.
(Ord. 404, passed 2-17-2004)