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(A) It is the purpose of this subchapter to regulate sexually oriented businesses and related activities 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 sexually- oriented businesses within the village. The provisions of this subchapter 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 subchapter 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 subchapter to condone or legitimize the distribution of obscene materials.
(B) The adoption of this subchapter is based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings, studies and in reports made available to the Village Council, and on hearings, studies and in reports findings incorporated in various court cases as well as studies conducted in other cities including, but not limited to, Tucson, Arizona; Garden Grove, California; Ellicottville, New York; New York, New York; Times Square, New York; Oklahoma City, Oklahoma; Cleburne, Texas; Dallas, Texas; Houston, Texas; Newport News, Virginia; St. Croix, Wisconsin, and findings reported in the Final Report of the Attorney General's Commission on Pornography (1986), the Report of the Attorney General's Working Group On the Regulation Of Sexually-Oriented Businesses (June 6, 1989, State of Minnesota). Based on this information, the Village Council finds that:
(1) Sexually-oriented 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 owners of these establishments responsible for the activities that occur on their premises.
(2) Crime statistics show that all types of crimes, especially sex-related crimes, occur with more frequency in neighborhoods where sexually-oriented businesses are located.
(3) Sexual acts, including masturbation, and oral and anal sex, occur at sexually-oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.
(4) Offering and providing such booths and/or cubicles encourages such activities, which creates unhealthy conditions.
(5) Persons frequent certain adult theaters, adult arcades, and other sexually-oriented businesses, for the purpose of engaging in sex within the premises of such sexually-oriented businesses.
(6) At least 50 communicable diseases may be spread by activities occurring in sexually- oriented 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) According to the best scientific evidence available, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
(8) Sanitary conditions in some sexually-oriented 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 operators of the facilities to self-regulate those activities and maintain those facilities.
(9) Numerous studies and reports have determined that bodily fluids, including semen and urine, are found in the areas of sexually-oriented businesses where persons view adult oriented films.
(10) Nude dancing in adult establishments encourages prostitution, increases sexual assaults, and attracts other criminal activity.
(11) Nude dancing in adult establishments increases the likelihood of drug-dealing and drug use.
(12) Alcohol consumption in adult establishments increases the likelihood of crime, illegal drug use, and illegal sexual activity, and encourages undesirable behavior that is not in the interest of the public health, safety, and welfare.
(13) The findings noted in above raise substantial governmental concerns.
(14) Sexually-oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
(15) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and operators of sexually-oriented businesses. Further, such licensing procedure will place a heretofore non-existent incentive on operators to see that the sexually- oriented 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 sexually-oriented business, fully in possession and control of the premises and activities occurring therein.
(16) Removal of doors on adult booths and requiring sufficient lighting on the premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult establishments.
(17) The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually-oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases and criminal activity.
(18) The fact that an applicant for a sexually-oriented business license has been convicted of a sex-related crime leads to the rational assumption that the applicant may engage in that conduct in contravention to this subchapter.
(19) The general welfare, health, morals, and safety of the citizens of this village will be promoted by enactment of this subchapter.
(20) When more than 1 sexually-oriented business use occupies the same location or business address, the secondary effects caused by such businesses are increased. Secondary effects are eliminated or controlled to a greater degree when only a single sexually-oriented business use is allowed to occupy the same location.
(Ord. 6 08-05, passed 8-1-2005)