The Town Council of the Town of Middletown, Rhode Island, finds:
(A) The Constitution of the State of Rhode Island, Article XIII, Section 2, grants to the Town of Middletown the power to "enact and amend local laws relating to its property, affairs and government" as long as such local laws are consistent with the Constitution and laws enacted by the General Assembly. This delegation of power includes the police power to enact reasonable legislation to regulate and supervise adult-oriented establishments in order to protect the public health, safety and welfare.
(B) Numerous studies based on a substantial number of cities and towns in the United States demonstrate that:
(1) Large numbers of persons, primarily male, frequent adult-oriented establishments, especially those which provide closed booths, cubicles, stalls or rooms for the private viewing of so-called "adult" motion pictures and/or video tapes and/or live entertainment;
(2) Such closed booths, cubicles, stalls and rooms are often used by patrons to engage in sexual acts;
(3) Male and female prostitutes frequent adult-oriented establishments to provide sex for hire to patrons in such booths, cubicles, stalls and rooms;
(4) The use of doors, curtains, blinds or other closures on the entrances of such booths, cubicles, stalls and rooms facilitates and encourages their use for sexual acts between patrons and prostitutes or other persons, thereby promoting prostitution and the commission of sexual acts which cause blood, semen and urine to be deposited on the floors and/or walls of such enclosed areas;
(5) Patrons and other persons who enter such booths, cubicles, stalls and rooms may come into contact with deposits of blood, semen and urine, endangering their health and safety; and
(6) The reasonable regulation and supervision of adult-oriented establishments tends to discourage sexual acts and prostitution. Conversely, a failure to impose such regulation and supervision is likely to be detrimental to the general welfare, health and safety of the citizens of the town.
(C) The potential problems associated with adult-oriented establishments require special supervision from the town's public safety agencies in order to protect and preserve the health, safety and welfare of patrons and other persons in such establishments, as well as the health, safety and welfare of the town's citizens.
(D) The intent of the Council in enacting this chapter is to impose comprehensive, reasonable regulations on adult-oriented establishments in order to protect the public health, safety and welfare of the citizens of the town. It is not the intent of the Council to deny to any person rights to speech protected by the Constitutions of the United States or the State of Rhode Island, nor is it the intent of the Council to impose any limitations or restrictions on the sale, distribution, exhibition, viewing or possession of any non-obscene materials, including sexually-oriented films, video-tapes, books or other materials, except content-neutral time, place and manner regulations permitted by law.
(Ord. passed 4-20-98)