A. Purpose.
It is the purpose of this amendment to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City of Elyria, and to establish reasonable and uniform regulations to prevent the deleterious location of sexually oriented businesses within the City of Elyria. The provisions of this amendment do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this amendment 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. Neither is it the intent nor effect of this amendment to condone or legitimize the distribution of obscene material.
B. Findings.
The City Council has received substantial evidence concerning the adverse secondary effects of adult uses on the community in findings incorporated in the cases of 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), and on studies in other communities including, but not limited to: Denver, Colorado; Garden Grove, California; Kansas City, Missouri; Indianapolis, Indiana; Minneapolis, Minnesota; and New York, New York.
(Ord. 2007-38. Passed 5-7-07.)