(A) Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the county, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the county. 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. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
(B) Findings and rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Board of County Commissioners, and on findings, interpretations, and narrowing constructions incorporated in numerous cases, including, but not limited to, City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); Pap's A.M. v. City of Erie, 529 U.S. 277 (2000); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); California v. LaRue, 409 U.S. 109 (1972); as well as in the cases of Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Peek-A-Boo Lounge of Bradenton, Inc. v. Manatee County, 337 F.3d 1251 (11th Cir. 2003); Peek-A-Boo Lounge of Bradenton, Inc. v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Gary v. City of Warner Robins, 311 F.3d 1334 (11th Cir. 2002); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Wise Enters, v. Unified Gov't of Athens-Clarke County, 217 F.3d 1360 (11th Cir. 2000); BZAPs, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001); World Wide Video of Washington, Inc. v. City of Spokane, 368 U.S. 1186 (9th Cir. 2004); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Ward v. County of Orange, 217 F.3d 1350 (11th Cir. 2000); Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (11th Cir. 1999); David Vincent, Inc. v. Broward County, 200 F.3d 1325 (11th Cir. 2000); Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); Lady J. Lingerie, Inc. v. City of Jacksonville, 973 F.Supp. 1428 (M.D. Fla. 1997); Grand Faloon Tavern, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982); Board of County Commissioners v. Dexterhouse, 348 So.2d 916 (Ct. App. Fla. 1977); International Food & Beverage Systems v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986); and other cases; and on reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Planning Department of Phoenix, Arizona (1979) "Adult Business Study"; "Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses" State of Minnesota (1989); Houston City Council (1997) "Sexually Oriented Business Ordinance Revision Committee Legislative Report"; Department of Metropolitan Development of Indianapolis, Indiana (1984) "Adult Entertainment Businesses in Indianapolis"; Planning Department, City of Amarillo, Texas (1977) "A Report of Zoning and Other Methods of Regulating Adult Entertainment in Amarillo"; Garden Grove, California (1991) "Negative Secondary Effects of Sexually Oriented Businesses: Summaries of Key Reports"; Department of City Planning, Los Angeles, California (1977) "Study of the Effects of the Concentration of Adult Entertainment Establishments"; Staff Report, Whittier, California (1978) "Amendment to Zoning Regulations"; City Council of Austin, Texas (1986) "Report on Adult Oriented Businesses in Austin"; Community Development Department, Oklahoma City, Oklahoma (1986) "Adult Entertainment Businesses in Oklahoma City"; Peter Malin, Dallas, Texas (1997) "An Analysis of the Effects of SOBs on Surrounding Neighborhoods'"; Insight Associates, New York Times Square Study (1994) "Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area"; Phoenix, Arizona (1995-98) "Adult Cabarets Factual Record"; Richard McCleary, Ph.D., Greensboro, North Carolina (2003) "A Methodological Critique of the Linz-Yao Report: Report to the Greensboro City Attorney"; and based upon reports concerning secondary effects occurring in and around sexually oriented businesses in and around LaPorte County: A Study of Sexually Oriented Businesses, Final Report; LaPorte County, Indiana; by Duncan Associates dated August, 2012.
(C) The LaPorte County Commissioners now 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, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation.
(2) Alcoholic consumption in sexual oriented businesses increases the likelihood of crime, illegal drug use, and illegal sexual activity, that increases and aggravates the negative direct and secondary effects of sexual oriented businesses and encourages undesirable behavior that it not in the interest of the public health, safety, and welfare.
(3) Each of the foregoing negative secondary effects constitutes a harm which the county has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the county's rationale for this chapter, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the county's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the county. The county finds that the cases and documentation relied on in this chapter are reasonably believed to be relevant to said secondary effects.
(D) The county hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of sexually oriented businesses, including the judicial opinions and reports related to such secondary effects.
(Ord. 2012-09, passed 11-20-12; Am. Ord. 2014- 04, passed 6-18-14)