(a) Purpose. Based on evidence concerning the negative secondary effects of adult entertainment businesses on the community presented in hearings before the Council, in studies of the Brookpark Road corridor, and in studies from other communities, the Council finds that adult entertainment businesses in Brook Park and in the Brookpark Road corridor cause negative secondary effects. The purpose of this chapter is to establish reasonable and uniform regulations to minimize and control the negative secondary effects of adult entertainment businesses within the City in order to promote the health, safety and welfare of the citizens of 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 or communication, including sexually oriented entertainment. Similarly, it is not the purpose or effect of this chapter to restrict or deny access by adults to sexually oriented entertainment protected by the First Amendment or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Furthermore, it is not the intent or effect of this chapter to condone or legitimize the distribution or exhibition of entertainment that is obscene.
(b) Findings. Based on evidence concerning the adverse secondary effects of adult entertainment businesses on the community presented in hearings before the Council and in studies of the Brookpark Road corridor; on findings incorporated in the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, 426 U.S. 50 (1976), Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991), Ellwest Stereo Theater Inc. v. Boner, 718 F. Supp. 1553 (M.D. Tenn. 1989), and Broadway Books, Inc. v. Roberts, 642 F.Supp. 486 (E.D. Tenn. 1986); and on studies in other cities, including New York, New York; Islip, New York; Los Angeles, California; Indianapolis, Indiana; Whittier, California; Austin, Texas; and Phoenix, Arizona; along with Manatee County, Florida; New Hanover County, North Carolina; and the State of Minnesota; this Council finds:
(1) Adult entertainment businesses lend themselves to ancillary unlawful and unhealthy activities that are presently inadequately controlled by the operators of such establishments. Further, there is presently no adequate mechanism to make the owners of such establishments within Brook Park responsible for the activities that occur on their premises.
(2) Sexual acts, including masturbation and oral and anal sex, occur at adult entertainment businesses, especially those which provide private or semi-private booths or rooms for viewing films, videos or live sexually-oriented entertainment. Such activities may result in spreading communicable diseases such as syphilis, gonorrhea and human immunodeficiency virus (HIV).
(3) Offering sexually oriented entertainment under conditions that encourage such activities creates unhealthy conditions.
(4) Sanitary conditions in some adult entertainment businesses are unhealthy, in part because of the failure of owners and operators to regulate those activities and maintain their facilities.
(5) Numerous studies and reports have determined that semen is found in the areas of adult entertainment businesses where persons view sexually oriented films.
(6) The findings noted in paragraphs (b)(1) through (5) hereof, raise substantial governmental concerns.
(7) Adult entertainment businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
(8) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and operators of adult entertainment businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on operators to see that adult entertainment businesses are run in a manner consistent with the health, safety and welfare of patrons and employees, as well as the citizens of the City. It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult entertainment business and fully in possession and control of the premises and activities occurring therein.
(9) The regulation of nudity in adult entertainment businesses will further the substantial governmental interests in preventing prostitution and other sex related crimes, including illegal public sex acts, and protecting the public health, safety and welfare.
(10) Removal of doors on viewing booths in adult entertainment businesses and requiring sufficient lighting on premises with viewing booths will advance the substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult arcades and theaters and will facilitate enforcement of the provisions of this chapter and other Federal, State and local laws, thereby furthering the substantial governmental interest in protecting the public health, safety and welfare.
(11) Requiring sufficient lighting in all adult entertainment businesses will advance the substantial governmental interest in curbing illegal sexual activity on the premises of adult entertainment businesses and will facilitate enforcement of the provisions of this chapter and other Federal, State and local laws, thereby furthering the substantial governmental interest in protecting the public health, safety and welfare.
(12) The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of adult entertainment businesses, and by employees of such businesses, will facilitate the enforcement of the provisions of this chapter and other Federal, State and local laws and will thereby further the substantial government interest in protecting the public health, safety and welfare.
(13) A person who recently has been convicted of a sexually related crime is not an appropriate individual to operate or be employed in an adult entertainment business or adult motel. Barring such individuals from the management of and employment in adult entertainment businesses for a period of years serves as a deterrent to and prevents the commission of sexually related criminal acts, including conduct which leads to the transmission of sexually transmitted diseases.
(Ord. 8395-1997. Passed 1-27-98.)