(A) Studies conducted by the State Attorney General, the American Planning Association and the Texas City Attorneys’ Association and cities such as St. Paul, Minnesota; Indianapolis, Indiana; Hopkins, Minnesota; Ramsey, Minnesota; Rochester, Minnesota, Phoenix, Arizona; Los Angeles, California; Seattle, Washington; St. Croix County, Wisconsin; Adams County and the City of Denver, Colorado have studied the impacts that adult establishments have in those communities. These studies have concluded that adult establishments have adverse impacts on the surrounding neighborhoods. These impacts include increased crime rates, lower property values, increased transiency, neighborhood blight and potential health risks.
(B) Based on these studies and findings, the City Council concludes:
(1) Adult establishments have adverse secondary impacts of the types set forth above;
(2) The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by geographic, licensing and health requirements;
(3) It is not the intent of the City Council to prohibit adult establishments from having a reasonable opportunity to locate in the city;
(4) Many members of the public perceive areas within which adult establishments are located as less safe than other areas that do not have such uses;
(5) A reasonable licensing procedure is an appropriate mechanism to place the burden of reasonable regulation on the owners and the operators of the adult establishment. A licensing procedure will place an incentive on the operators to see that the adult establishment is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the residents of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult establishment, fully in possession and control of the premises and activities occurring therein;
(6) The fact that an applicant for an adult establishment license has been convicted of a sexually-related crime is rationally related to the legitimate concern that the applicant may engage in similar criminal conduct in the future;
(7) The barring of individuals with sexually-related criminal convictions from the management of adult establishments for a period of time serves as a deterrent to future criminal conduct;
(8) The general health, safety and welfare of the community are promoted by prohibiting nudity in adult establishments. This prohibition is based on concerns of potential adverse effects such as prostitution, the transmission of sexually-transmitted diseases, exposure to minors, obscenity and unsanitary conditions in public places;
(9) Cities in out-state Minnesota experience many of the same adverse impacts of adult establishments that are present in larger metropolitan communities; and
(10) The public health, safety, morals and general welfare will be promoted by the city adopting regulations governing adult establishments.
(1992 Code, § 1095:05) (Ord. 1173, passed 11-3-1997; Ord. 1476, passed 8-1-2011)