723.02 FINDINGS.

   Based upon the evidence concerning the negative secondary effects of adult entertainment businesses incorporated in cases including, but not limited to Young v. American Mini Theaters, Inc., (1978), 429 US 873; Erie v. Pap's AM, (2000), 529 US 277; DLS, Inc. v. Chattanooga, (6th Cir. 1997), 107 F.3d 403; Richland Bookmart, Inc. v. Nichols, (6th Cir. 1998), 137 F.3d 435 and the findings on the effects of child pornography in case of New York v. Ferber, (1982), 458 U.S. 747 and studies in other communities including, but not limited to Kansas City, Missouri; Denver, Colorado; Newport News, Virginia; Kent, Washington; Islip, New York; New York, New York; Indianapolis, Indiana; Cleveland, Ohio; the study "International Trafficking in Women in the United States: A Contemporary Manifestation of Slavery and Organized Crime" by Amy O’Neill Richard and other testimony and documents submitted to the City Council, the City Council finds:

   (a)   Minors and women have been illegally brought to the United States to work in Adult Entertainment Businesses.

   (b)   The use of minors in Adult Entertainment Businesses is harmful to both the child and society as a whole.

   (c)   Adult Entertainment Businesses lend themselves to ancillary unlawful and unhealthy activities.

   (d)   Sexual acts occur at Adult Entertainment Businesses that may contribute to the spread of communicable diseases including the human immunodeficiency virus (HIV).

   (e)   Studies and reports have determined that semen is found in the areas of Adult Entertainment Businesses where persons view sexually oriented films, especially in private viewing booths.

   (f)   Studies and reports have determined that criminal activity including prostitution, indecent exposure and drug activity is higher in areas surrounding Adult Entertainment Businesses than in comparable areas in the studied community.

   (g)   Studies and reports have determined that the presence of an Adult Entertainment Business has a negative effect on the value of adjacent properties.

   (h)   Contact between patrons and entertainers in Adult Entertainment Businesses facilitates prostitution and other illegal or unhealthy activity.

   (i)   Prohibiting nudity in Adult Entertainment Businesses will protect the public health, safety and welfare by deterring prostitution and unhealthy sexual activity.

   (j)   Some Adult Entertainment Business operators have connections to organized crime.

   (k)   Some commentators and studies suggest a connection between Adult Materials and violence toward women.

   (l)   Historically, hidden ownership interests of Adult Entertainment Businesses have facilitated the non-payment of taxes and illegal skimming of profits.

   (m)   Removal of doors on viewing booths and requiring sufficient lighting in Adult Entertainment Businesses will advance the substantial governmental interest in curbing illegal and unhealthy activity on the premises of such establishments.

   (n)   Loitering in and around Adult Entertainment Business creates a "skid row" appearance and discourages patronage of surrounding businesses.

   (o)    A reasonable licensing procedure for employees of Adult Entertainment Businesses will advance the substantial governmental interest of preventing the exploitation of minors, preventing the illegal importation of women and children into the United States and preventing prostitution and other illegal activity.

   (p)   Litter, including used condoms, soiled tissues and used syringes, has been found in and around Adult Entertainment Businesses.

   (q)   A reasonable licensing procedure for owners of Adult Entertainment Businesses will advance the substantial governmental interest of tax collection and deterring organized crime and other illicit activity.

   (r)   Reasonable restrictions on hours of operation of Adult Entertainment Businesses will tend to deter prostitution and drug activity in the area around such establishments thereby warding off high vacancy rates, deteriorating store fronts, a blighted appearance and the lowering of property values.

   (s)   Requiring signage in Adult Entertainment Businesses about sexually transmitted diseases advances the substantial governmental interest of preserving public health.

   (t)   The licensing fees required by this chapter are nominal fees imposed as a necessary regulatory measure designed to help defray the substantial expenses incurred by the City in regulating Adult Entertainment Businesses.

   (u)   Requiring the removal of trash and requiring cleaning procedures and easily cleanable surfaces in viewing booths will promote the public health by reducing the possibility of disease transmission.

   (v)   It is the intent of this chapter to prevent the negative secondary effects of Adult Entertainment Business described in these findings and thereby protect the health, safety and welfare of the citizens of the City; protect the citizens from increased crime, preserve the quality of life, preserve property values and character of neighborhoods and prevent the creation of a "skid row".

   (w)   It is not the intent of this chapter to suppress any speech activities protected by the Federal or State Constitutions but rather to enact content neutral regulations that address the negative secondary effects of Adult Entertainment Businesses.

      (Ord. 2001-65. Passed 8-7-01.)