(A) Purpose. It is the purpose of this chapter to regulate sexually oriented adult businesses in order to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither 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. This chapter does not apply to theaters, performing arts centers, civic centers and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering of entertainment which is intended for the sexual interests or titration of customers, and where the establishment is not distinguished by an emphasis on or the advertising or promotion of nude or semi-nude performances. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
(B) Finding. Based on evidence of the adverse secondary effects of sexually oriented adult uses, presented in hearings and in reports made available to the city, and on findings incorporated in the cases of City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Pap’s AM. v. City of Erie, 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); Ben’s Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003) (and cases cited therein); Wise Enterprises, Inc. v. Unified Gov’t of Athens-Clarke County, Georgia, 217 F.3d 1360 (11th Cir. 2000); see BZAPS, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001); Sammy’s of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998); Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Schultz v. City of Cumberland, 26 F.Supp.2d 1128 (W.D. Wise. 1998), affd in part, rev’d in part, 228 F.3d 831 (7th Cir. 2000); See Gary v. City of Warner Robins, Georgia, 311 F.3d 1334 (11th Cir. 2002); Blue Canary Corp. v. City of Milwaukee, 270 F.3d 1156 (7th Cir. 2001); Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd. of California, 99 Cal. App. 4th 880 (Cal. Ct. App. 2002); Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Berg v. Health & Hospital Corp., 865 F.2d 797 (1989); DiMa Corp. v. Town of Hallie, 185 F.3d 823 (1999); Entertainment Concepts v. Maciejewski, 631 F.2d 497 (1980); Genusa v. City of Peoria, 619 F.2d 1203 (1980); Graff v. City of Chicago, 9 F.3d 1309 (1993); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (1996); Chulchian v. City of Indianapolis, 633 F.2d 27 (7th Cir. 1980); United States v. Sturman, 49 F.3d 1275 (7th Cir. 1995); County of Cook v. Renaissance Arcade and Bookstore, 122 Ill. 2d 123 (1988) (including cases cited therein); and other cases; and on reports of secondary effects occurring in and around sexually oriented adult businesses, including, but not limited to, Phoenix, Arizona - 1979; Minneapolis, Minnesota - 1980; Houston, Texas - 1997; Indianapolis, Indiana - 1984; Amarillo, Texas - 1977; Garden Grove, California - 1991; Los Angeles, California - 1977; St. Cloud, Minnesota - 1994; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma City, Oklahoma - 1986; Police Reports, Gary, Indiana - 2000; Dallas, Texas - 1997; St. Croix City, Wisconsin - 1993; Bellevue, Washington, - 1998; Newport News, Virginia - 1996; New York Times Square study - 1994; and also on findings from the Report of the Attorney General’s Working Group on the Regulation of Adult Uses (June 6, 1989, State of Minnesota), the city finds:
(1) Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, illicit sex acts, potential spread of sexually transmitted diseases, lewdness, public indecency, illegal drug use and drug trafficking, negative impacts on property values, urban blight, pornographic litter and sexual assault and exploitation;
(2) Sexual acts, including masturbation, oral and anal sex, occur at unregulated sexually oriented businesses, especially those which provide private or semi-private rooms, booths or cubicles for view films, videos or live sexually explicit shows;
(3) The consumption of alcoholic beverages on the premises of sexually oriented businesses exacerbates the deleterious secondary effects of such businesses; and
(4) Each of the foregoing negative secondary effects constitutes a harm which the city has a substantial government interest in preventing and/or abating.
(Ord. 2011-6, passed 7-11-2011)