Based on evidence and testimony presented at public hearings before the City Commission and on the findings incorporated in the United States Attorney General's Commission on Pornography (1986), Jacksonville Ordinance Code, Chapter 410, Ord. 77-257-256, Section 1, the Los Angeles Municipal Code, Section 12.70, Ord. 156509 (1982), the Detroit Zoning Ordinance, 66,000-0, Ord. 742-G, Section 1, 10-24-72, and “A Summary of a National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on Property Values,” conducted by the Division of Planning, Department of Metropolitan Development, Indianapolis, January 1984, and the findings of fact set out in Section 3-5 of the Adult Entertainment Code of Orange County, Florida a county in central Florida, and evidence and affidavits presented by the Metropolitan Bureau of Investigation of the Ninth Judicial Circuit of Florida the Board hereby finds:
(A) Commercial establishments exist or may exist within the city and other nearby cities or counties in central Florida where books, magazines, periodicals, or other printed material, or photographs, films, motion pictures, prints, videotapes, slides, or other visual representations or recordings, or recordings or other audio matter, or instruments, novelties devices, or paraphernalia which depict, illustrate, describe, or relate to specified sexual activities or specified anatomical areas are possessed, displayed, exhibited, distributed, and/or sold.
(B) Commercial establishments exist or may exist within the city and other nearby cities or counties in central Florida where dancers, entertainers, performers, or other individuals, who, for commercial gain, perform or are presented while displaying or exposing specified anatomical area; or engage in straddle dancing or touching with customers.
(C) The activities described in divisions (A) and (B) of this section occur at establishments which operate for the purpose of making a profit and, as such, are subject to regulation by the city in the interest of the health, safety, economy, property values, and general welfare of the people, businesses and industries of the city. The city is primarily a residential community and the activities described in divisions (A) and (B) of this section are not consistent with the overall quality of life in the community, tone of commerce, residential environment within the city and the general trends of a positive community development.
(D) When the activities described in divisions (A) and (B) of this section are present in establishments, other activities which are illegal, unsafe, or unhealthful tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include, but are not limited to, prostitution, pandering, solicitation for prostitution, lewd and lascivious behavior, exposing minors to harmful materials, possession, distribution, and transportation of obscene materials, sale or possession of controlled substances, and violent crimes against persons and property.
(E) When the activities described in divisions (A) and (B) are competitively exploited in establishments, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, promote the particular crimes described in division (d) of this section, and ultimately lead residents and businesses to move to other locations.
(F) The establishments in which the activities described in divisions (A) and (B) of this section occur often are constructed, in part or in whole of substandard materials, maintained in a manner reflecting disregard for the health and safety of the occupants, and have exterior signs or appearance that lower the surrounding property values and contribute to urban decline.
(G) The activities described in divisions (A) and (B) of this section often occur in establishments concurrent with the sale and consumption of alcoholic beverages.
(H) The concurrence of the sale and of alcoholic beverages with the activities described in divisions (A) and (B) of this section leads to a further increase in criminal activity, unsafe activity, and disturbances of the peace and order of the surrounding community.
(I) The concurrence of the sale and consumption of alcoholic beverages with the activities described in divisions (A) and (B) of this section creates additional hazards to the health and safety of persons in attendance and further depreciates the value of adjoining real property harming the economic welfare of the surrounding community and adversely affecting the quality of life, tone of commerce, and community environment.
(J) In order to preserve and safeguard the health, safety, property values, and general welfare of the people, businesses, and industries of the city it is necessary and advisable for the city to regulate the sale and consumption of alcoholic beverages at establishments where the activities described in divisions (A) and (B) of this section, occur.
(K) Employees of establishments at which the activities described in divisions (A) and (B) of this section occur engage in a higher incidence of certain types of unhealthy or criminal behavior than employees of other establishments.
(L) Physical contact or touching within establishments at which the activities described in divisions (A) and (B) of this section occur between employees exhibiting specified anatomical areas and customers poses a threat to the health of both and promotes the spread of communicable and social diseases.
(M) In order to preserve and safeguard the health, safety, and general welfare of the people of the city, it is necessary and advisable for the city to regulate the conduct of owners, managers, operators, agents, employees, entertainers, performers, and customers at establishments where the activities described in divisions (A) and (B) of this section occur.
(N) The potential dangers to the health, safety, and general welfare of the people of the city posed by permitting an establishment at which the activities described in divisions (A) and (B) of this section occur to operate without first meeting the requirements for obtaining a license under this code are so great as to require the licensure of such establishments prior to their being permitted to operate.
(O) Requiring operators of establishments at which the activities described in divisions (A) and (B) of this section occur to keep a list of information concerning current employees and certain recent 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 such establishments.
(P) Prohibiting establishments at which the activities described in divisions (A) and (B) of this section occur from operating within set distances of educational institutions, religious institutions, residences, areas zoned or designated for residential use, and parks, at which minors are customarily found, will serve to protect minors from the adverse affects of the activities that accompany such establishments.
(Q) Straddle dancing, unregulated private performances, and enclosed adult booths in establishments at which the activities described in division (A) and (B) of this section occur have resulted in indiscriminate commercial sex between strangers and promotes a threat to the health of the participants and promotes the spread of communicable sexually transmitted diseases. Straddle dancing is primarily conduct rather than communication or expression.
(Ord. 763, passed 8-24-95)