(A) Purpose.
(1) The purpose of this chapter is to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the town and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the town.
(2) The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of, or reasonable access to, any communicative materials, including sexually oriented materials.
(3) 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 to the United States Constitution or Article I, § 9 of the Indiana Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(4) Adoption of this chapter will allow the town to obtain the identity of persons licensed and to be licensed for the operation of sexually oriented business to ensure proper identification of those persons responsible for the operation of such businesses so as to assist in the proper enforcement of this chapter.
(5) It is an important public purpose to protect children and the family environment from the deleterious and harmful secondary effects of sexually oriented businesses.
(6) It is not the purpose of this chapter to establish community standards on obscenity nor to permit persons to engage in any activity which is in violation of law, including but not limited to, state laws pertaining to the advertising, promotion, distribution, or sale of obscene matter or matters portraying a sexual performance by a minor, or state laws pertaining to the use of a minor in a sexual performance or promotion of sexual performance by a minor, or the use of a minor to distribute material portraying sexual performance by a minor.
(7) Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
(B) Findings. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Town Council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. ZJ. Gifts D-4, L.L.C., 124 S. Ct. 2219 (June 7, 2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Pap’s A.M. v. City of Erie, 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); Schultz v. City of Cumberland, 26 F.Supp.2d 1128 (W.D. Wisc. 1998), aff’d in part, rev’d in part, 228 F.3d 831 (7th Cir. 2000); Blue Canary Corp. v. City of Milwaukee, 270 F.3d 1156 (7th Cir. 2001); Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996); Berg v. Health & Hospital Corp., 865 F.2d 797 (1989); DiMa Corp. v. Town of Hallie, 185 F.3d 823 (1999); Graff v. City of Chicago, 9 F.3d 1309 (1993); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (1996); Chulchian v. City of Indianapolis, 633 F.2d 27 (7th Cir. 1980); Bigg Wolf Discount Video v. Montgomery County, 256 F.Supp.2d 385 (D. Md. 2003); County of Cook v. Renaissance Arcade and Bookstore, 122 Ill. 2d 123 (1988) (including cases cited therein); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben’s Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); People ex rel Deters v. Effingham Retail 27, Inc., No. 04-CH-26 (4th Judicial Circuit, Effingham County, Ill., June 13, 2005); Andy’s Lounge et al. v. City of Gary, No. 2:01-CV-327, Order Granting Summary Judgment, Mar. 31, 2005 (N.D. Ind.); LLEH, Inc. v. Wichita County, 289 F3d 358 (5th Cir. 2002); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997; Phoenix, Arizona - 1979, 1995-98; Chattanooga, Tennessee - 1999-2003; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota -1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma - 1986; Dallas, Texas - 1997; Greensboro, North Carolina - 2003; Amarillo, Texas -1977; New York, New York Times Square - 1994; Kennedale, Texas - 2005; and the Report of the Attorney General’s Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the Town Council finds:
(1) Sexually oriented businesses should be regulated and should be segregated from one another and from religious institutions, schools, boys clubs, girls clubs, parks, residences, and residential neighborhoods to protect the public health, welfare, and safety because sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects, including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation.
(2) Each of the foregoing negative secondary effects constitutes a harm which the town has a substantial governmental interest in abating and/or preventing in the future, and this substantial government interest exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses.
(2011 Code, § 112.01) (Ord. 2005-04, passed 10-3-2005)