(A) It is the purpose of this chapter to regulate sexually-oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent concentration of sexually-oriented businesses within the city. 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, Similarly, it is not 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.
(B) It is the intent of the City Council that the location regulations of this chapter are promulgated pursuant to Tex. Local Government Code Ch. 243 (§§ 243.001 et seq.), as they apply to nude model studios and sexual encounter centers only. It is the intent of the City Council that all other provisions of this chapter are promulgated pursuant to the City Charter and law.
(C) The City Council has received substantial evidence concerning the association of negative secondary effects with sexually-oriented businesses in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); and Barnes v. Glen Theatre, Inc. 501 U.S. 560 (1991); and on studies in other communities including, but not limited to: Phoenix, Arizona; Tucson, Arizona; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington.
(2012 Code, § 19-32)