(A) This chapter shall be known as and may be cited as the Sexually Oriented Business Licensing Ordinance, and is also referred to herein as this chapter.
(B) The purpose of this chapter is to establish reasonable and uniform regulations to minimize and control the negative secondary effects of adult entertainment facilities and sexually oriented businesses (hereafter “sexually oriented businesses”) within the municipality in order to promote the health, safety, and welfare of the citizens of the municipality. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content any communicative materials or communication, including sexually oriented entertainment. Similarly, it is not the purpose or effect of this chapter to restrict or deny access by adults to sexually oriented entertainment protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Furthermore, it is not the intent or effect of this chapter to condone or legitimize the distribution or exhibition of entertainment that is obscene.
(C) Based on evidence concerning the adverse secondary effects of sexually oriented businesses presented to the municipality from findings incorporated in the cases of City of Erie v. Paps A.M., 529 U.S. 277, 120 S.Ct. 1382 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986) Young v. American Mini Theaters, 426 U.S. 50 (1976), Berg v. Health and Hospital Corporation, 865 F.2d 797 (7th Cir 1989); Ellwest Stereo Theaters v. Wenner, 681F. 2d 1243 (9th Cir. 1982); Bamon Corp. v. City of Dayton, 730 F.Supp 80 (S.D. Ohio, 1990) and EWAP Inc. v. City of Los Angeles, 97 Cal. App 3d 179, 158 Cal. Rptr. (1979), and on studies in other cities including the Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses (Minnesota, 1989); Memorandum re: Adult Entertainment Ordinance, of the Assistant Chief of Police of the Tucson, Arizona (May 1, 1990); Hecht, Peter R., Ph.D., Report to the American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses (March 31, 1996); Adult Entertainment Businesses in Indianapolis, An Analysis (1984) and McCleary, Richard, Ph.D. and Meeker, James W., Ph.D., Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard, (Garden Grove, CA, October 23, 1991), this Legislative body finds:
(1) Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities.
(2) Sexual acts, including masturbation, oral sex and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or rooms for viewing films, videos, or live sexually oriented entertainment. Such activities may result in spreading communicable diseases such as syphilis, gonorrhea, and human immunodeficiency virus (HIV).
(3) Offering sexually oriented entertainment under conditions that encourage such activities creates unhealthy conditions.
(4) Sanitary conditions in some sexually oriented businesses are unhealthy, in part because of the failure of owners and operators to regulate those activities and maintain their facilities.
(5) Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view sexually oriented films concealed from public view.
(D) The findings noted in § 118.01(C)(1) through (5) raise compelling and substantial governmental concerns for protecting the public health, safety, and welfare.
(E) Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect the compelling and substantial governmental interest in protecting the public health, safety, and welfare.
(F) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and operators of sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on operators to see that sexually oriented businesses are run in a manner consistent with the health, safety and welfare of patrons and employees, as well as the citizens of the municipality. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, and fully in possession and control of the premises and activities occurring therein.
(G) the regulation of nudity, semi-nudity, and physical contact between employees and patrons in sexually oriented businesses will further the compelling and substantial governmental interests in preventing prostitution and other sex-related crimes, including illegal sex acts, and protecting the public health, safety, and welfare.
(H) Requiring open sight lines in sexually oriented businesses and requiring sufficient lighting will advance the compelling and substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in sexually oriented businesses and will facilitate enforcement of the provisions of this chapter and other federal, state and local laws, thereby furthering the compelling and substantial governmental interest in protecting the public health, safety, and welfare.
(I) The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of sexually oriented businesses, and by employees of such businesses, will facilitate the enforcement of the provisions of this chapter and other federal, state and local laws, and will thereby further the compelling and substantial government interest in protecting the public health, safety, and welfare.
(J) A person who recently has been convicted of a sexually related crime is not an appropriate individual to operate or be employed in a sexually oriented business.
(K) Barring such individuals from the management of and employment in sexually oriented businesses for a period of years serves as a deterrent to and prevents the commission of sexually related criminal acts, including conduct which leads to the transmission of sexually transmitted diseases.
(L) A reasonable licensing procedure for sexually oriented businesses assists the municipality in preventing the adverse secondary effects of such businesses on property values, the prevention of crime, and the public health.
(Ord. 2014-5372, passed 12-16-2014)