Based upon evidence and testimony originally presented at public meetings before the Board of Commissioners and based upon the past experiences of the City and the experiences of the County Attorney’s office prosecuting numerous and varied offenses that have occurred in and around sexually oriented businesses located within the City and based upon the documented experiences of other governmental units within and without of the state in dealing with the impact of sexually oriented businesses, the Board of Commissioners hereby adopts the following findings of fact in support of the legislative action in originally enacting and further amending this chapter, as follows:
(A) Businesses exist and may exist within the City where sexually oriented activities occur as a commercial venture.
(B) Businesses exist or may exist within the City where the superficial tissues of 1 person are manipulated, rubbed, stroked, kneaded and/or touched by a second person, accompanied by the display of or exposure of specified anatomical areas or dancers, entertainers, performers or other individuals, who, for various forms of commercial gain, perform or are presented while displaying or exposing specified anatomical areas.
(C) When the activities described in divisions (A) and (B) of this section are present in a business within the City, other activities which are illegal, immoral or unhealthful in nature tend to accompany them, to concentrate around them, and are exacerbated or aggravated by them. Such other activities include, but are not limited to the following: prostitution, pandering, solicitation for prostitution, lewd and lascivious behavior, exposing minors to harmful materials, sale of possession of controlled substances and violent crimes against persons and property.
(D) There is a higher incidence of certain types of criminal behavior among employees of businesses engaged in sexually oriented activities described in divisions (A) and (B) of this section than among employees of other types of commercial businesses .
(E) When the activities described in divisions (A) and (B) of this section are present in businesses within the City, they tend to attract an undesirable number of transients, bring blight to neighborhoods, adversely affect neighboring businesses, in various ways including, but not limited to, driving away customers and causing hours of operation to be restricted, lower property values of surrounding properties, promote crimes, particularly those as detailed in division (C) of this section, impact on the morals and values of the school children who must regularly be exposed to undesirable elements while walking to and from school as well as after school hours, and ultimately lead residents and other types of commercial businesses to move to other locations or to fail to locate in the City.
(F) In order to preserve the public peace in good order and to safeguard the health, safety, morals and general welfare of the City and of its citizens, it is necessary and advisable for the City to regulate businesses such as those described in divisions (A) and (B) of this section.
(G) Physical contact within businesses in which the sexually oriented activities described in divisions (A) and (B) of this section occur between persons exhibiting specified anatomical areas and customers poses a threat to the individual health of both individuals and promotes the spread of communicable and social diseases.
(H) Businesses engaged in the operation of sexually oriented activities described in divisions (A) and (B) of this section are commercial ventures, operated for the purpose of making a profit, and as such are proper subjects for regulation by the City in the interest of the health, safety, morals and general welfare of its citizens and those individuals visiting the City.
(I) The sexually oriented activities described as occurring in the City does not contain any element of protected communication and is expressly found by the Board of Commissioners to be conduct rather than expression.
(J) The City incurs a financial burden in regulating and policing sexually oriented businesses over and above occupational licensing fees and in a disproportionate percentage as compared to other commercial business activities.
(1995 Code, § 5.04.020)
(K) That the United States Supreme Court has held that local governments may regulate through content-neutral, time, place and manner restrictions, so long as the regulations are designed to serve the government interest and do not unreasonably omit avenues of communication and are aimed, not at the content of protected speech within said businesses, but rather at the secondary effects the said businesses have upon the surrounding community.
(L) That the City has gained a reputation of success in both creating and litigating such regulations.
(M) That the City has the continuing desire to project a decent and progressive image and that such regulations contribute to the enhancement of that interest.
(N) That the City now finds a need exists to review and revise its ordinance herein, regarding adult entertainment or sexually oriented business located within the City, in conjunction with the proposed licensing ordinance for sexually oriented businesses and service oriented escort bureaus, submitted to the Campbell County Fiscal Court from the commissioned study and report (the Kelly and Cooper study), and recommendations of Duncan Associates, the findings thereof being adopted herewith.