(a) Purpose. The purpose of this chapter is to establish reasonable and uniform regulations to minimize and control the negative secondary effects of adult cabarets within the City of Lincoln Park in order to promote the health, safety and public welfare of the City. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restrictions on the content of any communicative materials including sexually orientated materials. Similarly, it is not the purpose to restrict or deny access by adults to sexually orientated entertainment. Whereas the City desires to minimize these adverse effects and thereby protect the health, safety and welfare of its citizenry, preserve the quality of life, preserve property values, and detour the spread of urban blight.
(b) Findings. The City finds that studies conducted in other municipalities establish the existence of negative secondary effects of adult entertainment businesses, which include adult cabarets; New York City Adult Entertainment Study, 1997 and "A Digest of Research" prepared for the City of St. Mary, Georgia, 1996, summarizing the results of studies on adult entertainment businesses, McKenna Associates, Inc., "Regulating the Effects of Adult Businesses", January 4, 1999. Furthermore, the City finds that its existing adult entertainment businesses have an abundant amount of crime as reported and documentation supplied, by the Chief of Police on July 13, 2004.
(1) Unlawful sexual acts and prostitution occur at adult cabarets.
(2) Numerous studies and reports have determined that adult cabarets are associated with prostitution, disruptive conduct and other criminal activity which is currently not subject to effective regulation and which constitutes an immediate threat to the public health, safety and welfare of the City.
(3) The findings noted in subsections (1) and (2) raise substantial governmental concerns.
(4) Adult cabarets have operational characteristics that should be reasonably regulated in order to protect those substantial governmental concerns.
(5) The disclosure of certain information by those persons ultimately responsible for the day-to-day operations and maintenance of adult cabarets, and by employees of such business, will facilitate the enforcement of this Chapter and other federal, state and local laws, and will thereby further the substantial governmental concern; in protecting public health, safety and welfare.
(6) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and operators of adult cabarets. Further, such licensing procedure will place an incentive on operators to see that adult cabarets are run in a manner consistent with the health, safety and welfare of patrons and employees, as well as the citizens of the City. It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult cabaret and fully in possession and control of the premises and activities occurring on such premises.
(Res. 04-455A. Passed 8-30-04.)