(A) The purpose of this chapter is to control, through licensing and other regulations, certain land uses that have a direct and detrimental effect on the character of the city’s residential and commercial neighborhoods.
(B) The City Council makes the following findings about the effect adult uses and sexually-oriented businesses have on the character of the city’s neighborhoods. In making the findings, the City Council accepts the recommendations of staff that has studied the experiences of other areas about such businesses. Based on studies and findings, the City Council concludes the following.
(1) Adult uses and sexually-oriented businesses can contribute to an increase in crime in the area where such businesses are located. This can be a burden to city crime-prevention programs and law enforcement services.
(2) Adult uses and sexually-oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can increase neighborhood blight. These businesses also can impair the character and quality of the residential housing in the area where such businesses are. This situation could lessen the amount of desirable housing for residents.
(3) The concentration of adult uses and sexually-oriented businesses in one area can greatly affect the area where such businesses are concentrated and on the quality of city life. A cycle of decay can result from the influx of adult uses and sexually-oriented businesses. Others may perceive the presence of such businesses as an indication that the area is deteriorating and the result can be devastating. That is, other businesses move out of the vicinity and residents flee from the area. Lower property values, which can result from the concentration of such businesses, erode the city’s tax base and contribute to blight.
(4) Adult uses and sexually-oriented businesses have adverse secondary impacts of the types discussed above.
(5) It is necessary to provide for the special and express regulation of businesses, establishments or commercial enterprises that operate as adult body painting studios, adult bookstores, adult cabarets, adult car washes, adult companionship establishments, adult hotels or motels, adult massage parlors or health clubs, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades or theaters, adult novelty businesses, adult saunas and similar adult-oriented services operating under different names to protect the public health, safety and welfare, and to guard against the inception and transmission of disease.
(6) The commercial enterprises such as the types described in division (B)(5) above and all other similar establishments whose services include sessions offered to adults conducted in private by members of the same or opposite sex, and employing personnel with no specialized training, are susceptible to operations contravening, subverting or endangering the morals of the city by being the site of acts of prostitution, illicit sex and occasions of violent crimes, and thus requiring close inspection, licensing and regulation.
(7) Control and regulation of commercial establishments of these types, in view of the abuses often perpetrated, require intensive efforts by the Police Department and other departments of the city. It is necessary for the city to provide services to all of the city without concentrating the public services in one area. The concentrated use of city services detracts from and reduces the level of service available to the rest of the city. Thus, these types of establishments can diminish the ability of the city to protect and promote the general health, welfare, morals and safety of the city.
(8) The City Council adopts the following land use and licensing regulations, recognizing that it has an interest in the present and future character of the city’s residential and commercial neighborhoods. These regulations are to lessen the detrimental and adverse affects adult uses and sexually-oriented businesses have on the use of adjacent land, and to protect and promote the health, safety and welfare of the residents of the city.
(9) It is not the intent of the City Council to prohibit adult uses or sexually-oriented businesses or establishments from having an opportunity to locate in the city. It also is not the intent of the City Council to regulate these businesses because of content, but only on the basis of likely adverse secondary effects.