(A) Purpose. It is the purpose of this chapter to regulate adult entertainment businesses in order to promote the health, safety, morals and general welfare of the citizens of the village and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult entertainment businesses within the village. 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 adult entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
(B) Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Council, and on findings incorporated in the cases of Village of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, 426 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; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma Village, 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 (6-6-1989, State of Minnesota), the Council finds the following.
(1) Adult entertainment 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 adult entertainment businesses, defined in this chapter as adult theaters and cabarets, engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.
(3) Sexual acts, including masturbation, and oral and anal sex, occur at adult entertainment businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos or live sex shows.
(4) Offering and providing the space encourages the activities, which creates unhealthy conditions.
(5) Persons frequent certain adult theaters, adult arcades and other adult entertainment businesses for the purpose of engaging in sex within the premises of the adult entertainment businesses.
(6) At least 50 communicable diseases may be spread by activities occurring in adult entertainment businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.
(7) Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States.
(8) As of 2-28-1998, there have been 9,652 reported cases of AIDS in the state.
(9) Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in the state.
(10) The number of cases of early (less than one year) syphilis in the United States reported annually has risen, with 33,613 cases reported in 1982 and 45,200 through November of 1990.
(11) The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one-half million cases being reported in 1990.
(12) The Surgeon General of the United States, in his report of 10-22-1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contract, intravenous drug abuse, exposure to infected blood and blood components and from an infected mother to her newborn.
(13) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
(14) Sanitary conditions in some adult entertainment 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 the operators of the facilities to self-regulate those activities and maintain those facilities.
(15) Numerous studies and reports have determined that semen is found in the areas of adult entertainment businesses where persons view "adult" oriented films.
(16) The findings noted in divisions (B)(1) through (15) above raise substantial governmental concerns.
(17) Adult entertainment businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
(18) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the adult entertainment businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to sec that the adult entertainment business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the village. It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult entertainment business, fully in possession and control of the premises and activities occurring therein.
(19) 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.
(20) Requiring licensees of adult entertainment businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in the establishments.
(21) The disclosure of certain information by those persons ultimately responsible for the day to day operation and maintenance of the adult entertainment business, where the information is substantially related to the significant governmental interest in the operation of the uses, will aid in preventing the spread of sexually transmitted diseases.
(22) It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to the activity.
(23) The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter.
(24) The barring of the individuals from the management of adult uses for a period of two years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.
(25) The general welfare, health, morals and safety of the citizens of the village will be promoted by the enactment of this chapter.
(Ord. 3-06, passed 8-14-2006)