(a) The purpose and intent of this chapter is to regulate sexually oriented businesses, to promote the health, safety, morals and general welfare of the citizens of Moraine, Ohio, and to establish reasonable and uniform regulations to prevent any injurious location and concentration of sexually oriented businesses within Moraine (“City”), and to regulate their operation, thereby reducing and/or eliminating the negative effects from sexually oriented businesses.
The provisions outlined in this chapter do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Likewise, the intent and effect of this chapter is not to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the Constitution of the United States, or to refuse access by the distributors and exhibitors of sexually oriented entertainment to their projected market. The intent and effect of this chapter is also not to condone or legitimize the distribution of obscene or otherwise illegal materials, goods or activities.
(b) Findings: Based on evidence concerning the negative secondary effects of sexually oriented businesses on the community on findings incorporated in the cases of the City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986) and Young v. American Mini Theaters, 426 U.S. 50 (1976); and in the studies in other cities including Los Angeles, California; New York, New York; Whittier, California; and Phoenix, Arizona; this Council finds and is concerned that:
(1) Sexually Oriented Businesses lend themselves to 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 semiprivate 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) 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.
(4) Numerous studies have reported that semen is reported in sexually oriented businesses that show sexually oriented films.
(5) Sexually oriented businesses should be regulated to protect substantial government concerns.
(6) The City has determined that a licensing procedure is an appropriate mechanism/regulation on the owners and operators of sexually oriented businesses. This licensing procedure will ensure that sexually oriented businesses are managed in a way that is consistent with health, safety, and welfare of patrons and employees, as well as the citizens of the City.
(7) Regulating nudity in sexually oriented businesses will further the substantial government interests in preventing prostitution and other sex crimes, including but not limited to illegal sex acts, and protecting the public health, safety, and welfare.
(8) Removing doors in viewing booths and requiring sufficient lighting in sexually oriented businesses will advance the substantial government interest in curbing illegal and unsanitary sexual activities occurring in adult arcades and theaters.
(9) Disclosing 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 enforcing the provisions of this chapter and other federal, state, and local laws, and will thereby further the substantial government interest in protecting the public health, safety, and welfare.
(10) A person having recently been convicted of a sexually related crime is not an appropriate person to own, operate, or be employed in a sexually oriented business.
Barring above 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 but not limited to conduct which leads to the transmission of sexually transmitted diseases.
(Ord. 1543-04. Passed 8-26-04.)