(a) Title. The Ordinance shall be known as the Adults Only Establishment Location Ordinance of 2003.
(b) Findings. The Town of Marmet finds:
(1) That it has a substantial government interest in protecting the public health, safety and welfare of its citizens; and
(2) That Adults Only Establishments require special supervision from public safety agencies to protect and preserve the health, safety and welfare of the employees, patrons and neighbors of Adults Only Establishments and the citizens of the County; and
(3) That there is convincing documented evidence that Adults Only Establishments, because of their very nature, have deleterious effects on existing and future business establishments and residential areas, causing increased crime and the deterioration of property values; and
(4) That Adults Only Establishments, because of their very nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to blight and downgrading the quality of life in adjacent areas; and
(5) That the regulation of the location of Adults Only Establishments is necessary to prevent undesirable secondary effects on surrounding areas, including, without limitation, a tendency to attract an undesirable quantity of transients; to adversely affect real property values; to cause an increase in crime; to contribute to the blighting of residential and commercial areas; and to impede the development of businesses and residences; and
(6) Through enactment of a land use ordinance the Town desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of adjacent areas; and deter the spread of blight; and
(7) Although concerned about these adverse effects, the Town upholds constitutionally protected speech and expression and does not desire to infringe on constitutionally protected speech and expression; and
The Town wishes to enact a content neutral ordinance that addresses only the secondary effects of Adults Only Establishments within the Town Limits.
(Ord. 92-14. Passed 8-18-03.)