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(A) (1) The City Council and the Planning Commission have determined that sexually oriented businesses, and activities are recognized as having a deleterious effect upon adjacent areas, causing increased crime rates, blight, a general chilling effect upon other businesses and occupants, a negative disruption in residential and commercial development, decreasing land values of adjacent and nearby properties.
(2) These findings have been substantiated by numerous land use studies which have been upheld by the United States Supreme Court. Recent Supreme Court cases have concluded that, "municipalities have a substantial interest in protecting and preserving the quality of life for its community against the adverse secondary effects of sexually oriented businesses," regardless of the size of the community (Young v. American Mini Theaters, Inc. (1976)), and Renton v. Playtime Theater, Inc. (1986)).
(3) The harmful secondary effects the Court identified include:
(a) Increased crime.
(b) Decreased property values of both residential and commercial properties.
(c) Blight which causes people and businesses to flee the community.
(B) The City Council and the Planning Commission have concluded that they have the right, the duty, and the permission to protect citizens from these harmful effects of sexually oriented businesses, including but not limited to:
(1) Adult arcades.
(2) Adult book, novelty (sexual paraphernalia), or video stores.
(3) Adult cabarets, night clubs, gentlemen's clubs, go-go clubs, strip bars.
(4) Adult motels or hotels.
(5) Adult motion picture theaters or adult theaters.
(6) Escort services or agencies.
(7) Adult massage parlors.
(C) It is not the intent, nor are there legislative findings which support the city, from prohibiting sexually oriented businesses from locating within the boundaries of the city based on the protections of free speech in the First Amendment of the United States Constitution. If a sexually oriented business is engaged in legal speech related activities, one must be allowed even if it falls within the prohibitions listed in § 154.040.
(D) If no commercially zoned land is suitable for locating a legal sexually oriented business in the city because of prohibitions in § 154.040, the city shall re-zone a vacant parcel to alleviate the prohibitions, if such land is vacant and available.
(E) In the event any sexually oriented business in the city discontinues operation for a period of more than six months (181 days), the right to operate the business shall terminate.
(Ord. eff. 4-30-06)