(a) Whereas, the Council has received substantial evidence concerning the association of adverse secondary effects with sexually oriented businesses in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and in studies in other communities including but not necessarily limited to: Adams County, Colorado, “Adams County Nude Entertainment Study (1991 update); Austin, Texas, “Report on Adult Oriented Businesses in Austin” (1986); Centralia, Washington, “Crime Risk in the Vicinity of a Sexually Oriented Business: A Report to the Centralia City Attorney’s Office – Revised” (2004); Chattanooga, Tennessee, “Community Protections Committee’s Final Report on Vice in Hamilton County with Recommendations” (1997); Garden Grove, California, “Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard” (1991); Cleveland, Ohio, Special Investigative Unit Report (1977); Dallas, Texas, “An Analysis of the Effects of SOBs on the Surrounding Neighborhoods in Dallas, Texas” (1997); Des Moines, Washington, “Des Moines Adult Use Study” (1984); El Paso, Texas, “Effects of Adult Entertainment Businesses on Residential Neighborhoods” (1986); Ellicottville, New York, “Adult Business Study” (1998); Fort Worth, Texas, “Survey of Appraisers Fort Worth & Dallas Effects of Land Uses on Surrounding Property Values” (2004); Indianapolis, Indiana, “Adult Entertainment Businesses in Indianapolis” (1984); Los Angeles, California, “Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles” (1977); Minneapolis, Minnesota, “An Analysis of the Relationship Between Adult Entertainment Establishments, Crime, and Housing Values” (1980); State of Minnesota, “Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses” (1989); Newport News, Virginia, “Adult Use Study” (1996); New York City, New York, “Adult Entertainment Study” (1994), “Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area” (1994); Oklahoma City, Oklahoma, “Adult Entertainment Businesses in Oklahoma City: A Survey of Real Estate Appraisers” (1986); Phoenix, Arizona, “Adult Business Study” (1979); Seattle, Washington, “Adult Cabarets in Seattle” (2006); the legislative record and findings of the General Assembly related to House Bill 23; and based upon Council’s independent review of same finds:
(1) The findings contained in these cases, studies, and legislative record are hereby found to reasonably apply to the City for all of the reasons including, but not necessarily limited to, those contained in the “Report to the Mentor Municipal Planning Commission Concerning Sexually Oriented Businesses” entered into its record at its public hearing/meeting held on 04/17/08; as reflected in the minutes of the Planning Commission’s 04/17/08 public meeting; and as reflected in the June 3, 2008 minutes of this Council’s public hearing/meeting(s) concerning Ordinance No.08-O-52.
(2) Sexually oriented businesses require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, and welfare of the patrons and employees of the businesses as well as the citizens of Mentor.
(3) The Council finds that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution, and sexual liaisons of a casual nature.
(4) Concern over sexually transmitted diseases is a legitimate health concern of the City that demands reasonable regulation of sexually oriented businesses by the City in the specified manner in order to protect the health and well-being of its citizens.
(5) Minimal regulations enacted by the City are a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.
(6) There is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, cause increased crime, particularly in the overnight hours, and downgrade property values.
(7) The Council desires to minimize and control these adverse effects by regulating sexually oriented businesses in the specified manner. And by minimizing and controlling these adverse effects, the Council seeks to 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 surrounding neighborhoods; and deter the spread of urban blight.
(8) The Council has determined that current local zoning and other locational criteria do not adequately protect the health, safety, and general welfare of the people of this City and that expanded regulation of sexually oriented businesses is necessary.
(9) It is not the intent of the Council in enacting this Chapter to suppress or authorize the suppression of any speech activities protected by the First Amendment, but to enact content-neutral laws that address the secondary effects of sexually oriented businesses.
(10) It is not the intent of the Council to condone or legitimize the distribution of obscene material, and the Council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state law enforcement officials to enforce state obscenity statutes against any such illegal activities in this state.
(Ord. 08-0-52. Passed 6-3-08.)