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Parma, ID Code of Ordinances
CHAPTER 6
ADULT BUSINESSES
SECTION:
5-6-1: Purpose And Findings
5-6-2: Definitions
5-6-3: Classification
5-6-4: License Required
5-6-5: Issuance Of License
5-6-6: Fees
5-6-7: Inspection
5-6-8: Expiration Of License
5-6-9: Suspension
5-6-10: Revocation
5-6-11: Hearing; Appeal
5-6-12: Transfer Of License
5-6-13: Location Restrictions
5-6-14: Viewing Room Regulations
5-6-15: Escort Agencies; Additional Regulations
5-6-16: Public Nudity; Additional Regulations
5-6-17: Prohibition Against Children In A Sexually Oriented Business
5-6-18: Hours Of Operation
5-6-19: Exemptions
5-6-20: Injunction
5-6-21: License Application
5-6-22: Prohibition Against Warning Devices And Other Mechanisms
5-6-23: Off Street Parking; Monitoring Of Activities; Video Surveillance
5-6-1: PURPOSE AND FINDINGS:
   A.   Purpose: It is the purpose of this chapter to regulate adult businesses, commonly called sexually oriented businesses, in order to promote the health, safety, morals, and general welfare of the citizens of the city of Parma, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
   B.   Findings: Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Erie v. Pap's A.M., 120 S. Ct. 1382 (2000); State of Idaho v. Morris, Rocky Mountain Videos, Adult Shoppe, Northwest Films, Inc., RAN Enterprises, Inc., Canyon County third judicial district court case #CV 2000-02792 (2000); and on studies in other communities including, but not limited to, Cleburne, Texas; Newport News, Virginia; Garden Grove, California; Adams County, Colorado; Seattle, Washington; Phoenix, Arizona; Indianapolis, Indiana; Minneapolis, Minnesota; Las Vegas, Nevada; and Cleveland, Ohio, the council finds:
      1.   Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for some of the activities that occur on their premises.
      2.   Employees of some sexually oriented businesses may be unable to observe the activities of their customers at all times, thereby increasing the likelihood of ancillary unlawful and unhealthy activities on their premises.
      3.   Certain employees of sexually oriented businesses may engage in higher incidences of certain types of illicit sexual behavior than employees of other establishments.
      4.   Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows.
      5.   Offering and providing such space encourages such activities, which creates unhealthy conditions.
      6.   Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
      7.   At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, chlamydia, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, non A, non B amebiasis, salmonella infections and shigella infections.
      8.   Since 1982, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States: 600 in 1982; 2,200 in 1983; 4,600 in 1984; 8,555 in 1985; 733,374 in 1999; and 859,000 in 2002.
      9.   From April, 1986, when HIV became a reportable disease by Idaho Code section 39-602, through December 31, 2000, there were 736 cases of HIV/AIDS in the state of Idaho.
      10.   From January 1, 2001 through December 31, 2001, reported cases of HIV/AIDS in the state of Idaho decreased to 702, but that has been the last decrease seen in the statistics.
      11.   From January 1, 2002 through the second quarter of 2004, there has been an increasing cumulative number of cases of HIV/AIDS in the state of Idaho.
      12.   At the end of the second quarter of 2004, there were 761 reported cases of HIV/AIDS in the state of Idaho.
      13.   The number of cases of syphilis reported in Idaho in 2003 was 45, with 21 of those cases being in region 3 (Adams, Canyon, Gem, Owyhee, Payette and Washington counties); for the first half of 2004, 28 new cases of syphilis have been reported in region 3 (Adams, Canyon, Gem, Owyhee, Payette and Washington counties).
      14.   The number of cases of genital chlamydia in Idaho reported annually has risen steadily, since 1999, with 2,609 statewide cases reported in 2003, making chlamydia the most reported of all notifiable infectious diseases in the United States. Of the 2,609 cases reported in 2003, 475 were in region 3 (Adams, Canyon, Gem, Owyhee, Payette and Washington counties); for the first half of 2004, 243 new cases of genital chlamydia have been reported in region 3 (Adams, Canyon, Gem, Owyhee, Payette and Washington counties).
      15.   The number of cases of gonorrhea reported in Idaho in 2003 was 76, with 14 of those cases being in region 3 (Adams, Canyon, Gem, Owyhee, Payette and Washington counties); for the first half of 2004, 9 new cases of gonorrhea have been reported in region 3 (Adams, Canyon, Gem, Owyhee, Payette and Washington counties).
      16.   The surgeon general of the United States in his report of October 22, 1986, advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.
      17.   According to the best scientific evidence, AIDS and HIV infection, as well as syphilis, chlamydia, and gonorrhea, are principally transmitted by sexual acts.
      18.   Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
      19.   Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.
      20.   The findings noted in this section raise substantial governmental concerns.
      21.   Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
      22.   A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.
      23.   Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in sexually oriented businesses.
      24.   Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
      25.   The disclosure of certain information by those persons ultimately responsible for the day to day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.
      26.   It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity.
      27.   The fact that an applicant for a sexually oriented business license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter.
      28.   The barring of such individuals from the management of sexually oriented businesses for a period of years serves as a deterrent to, and prevents conduct which leads to, the transmission of sexually transmitted diseases.
      29.   The general welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this chapter. (Ord. 527, 3-14-2005)
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