Based on the adverse secondary effects of adult uses on the community, 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); and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Arcara v. Cloud Books, Inc., 478 U.S. 697, (1986); California v. LaRue, 409 U.S. 109 (1972); Iacobucei v. City Of Newport, Ky, 479 U.S. 92 (1986); United States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc. v. City Of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Hang On, Inc. v. City Of Arlington, 65 F.3d 1248 (5th Cir. 1995); and South Florida Free Beaches, Inc. v. City Of Miami, 734 F.2d 608 (11th Cir. 1984), as well as studies conducted in other cities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and findings reported in the "Final Report Of The Attorney General's Commission On Pornography" (1986), the "Report Of The Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses" (June 6, 1989, state of Minnesota), and statistics obtained from the U.S. department of health and human services, centers for disease control and prevention, the council finds that:
A. Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments, and there is presently no mechanism to hold owners of these establishments responsible for the activities that occur on their premises.
B. Crime statistics show that all types of crimes, especially sex related crimes, occur with more frequency in neighborhoods where sexually oriented businesses are located. See, e.g., studies of the cities of Phoenix, Arizona; Indianapolis, Indiana; and Austin, Texas.
C. 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. See, e.g., California v. LaRue, 409 U.S. 109, 111 (1972). The offering and providing of such booths and/or cubicles encourages such activities, which creates unhealthy conditions. See, e.g., "Final Report Of The Attorney General's Commission On Pornography" (1986) at 376-77.
D. Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses, for the purpose of engaging in sex within those premises. See, e.g., Arcara v. Cloud Books, Inc., 478 U.S. 697, 698 (1986); see also "Final Report Of The Attorney General's Commission On Pornography" (1986) at 376-77.
E. At least fifty (50) communicable diseases may be spread by activities occurring in sexually oriented businesses including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, non A, non B amebiasis, salmonella infections, and shigella infections. See, e.g., study of Fort Meyers, Florida.
F. For the period 1985 through 1995, the total number of reported cases of AIDS in the United States caused by the immunodeficiency virus (HIV) was 523,056. See, e.g., statistics of the U.S. department of health and human services, centers for disease control and prevention.
G. The total number of cases of early (less than 1 year) syphilis in the United States reported during the ten (10) year period 1985-1995 was 367,796. See, e.g., statistics of the U.S. department of health and human services, centers for disease control and prevention.
H. The number of cases of gonorrhea in the United States reported annually remains at a high level, with a total of 1,250,581 cases reported during the period 1993-1995. See, e.g., statistics of the U.S. department of health and human services, centers for disease control and prevention.
I. 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 use, exposure to infected blood and blood components, and from an infected mother to her newborn.
J. According to the best scientific evidence available, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. See, e.g., findings of the U.S. department of health and human services, centers for disease control and prevention.
K. 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. See, e.g., "Final Report Of The Attorney General's Commission On Pornography" (1986) at 377.
L. Numerous studies and reports have determined that bodily fluids, including semen and urine, are found in the areas of sexually oriented businesses where persons view "adult" oriented films. See, e.g., "Final Report Of The Attorney General's Commission On Pornography" (1986) at 377.
M. Nude dancing in adult establishments encourages prostitution, increases sexual assaults, and attracts other criminal activity (see, e.g., Barnes v. Glen Theatre, 501 U.S. 560, 583 [1991]), and increases the likelihood of drug dealing and drug use. See, e.g., Kev, Inc. v. Kitsap County, 793 F.2d 1053, 1056 (9th Cir. 1986).
N. These findings raise substantial governmental concerns.
O. Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
P. 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.
Q. 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 and criminal activity.
R. 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 this chapter is designed to prevent or who are likely to be witnesses to such activity.
S. The fact that an applicant for a sexually oriented business or employee license has been convicted of a sex related crime leads to the rational assumption that the applicant may engage in that conduct in contravention to this chapter, and the barring of such individuals from operation or employment in sexually oriented businesses for a period of ten (10) years for a previous felony conviction serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.
T. This chapter is necessary and proper to provide for safety, to preserve health, and to promote the prosperity, improve the morals, peace and good order, comfort and convenience of the city and its inhabitants, and is authorized on that basis by Oklahoma law. (Ord. 684, 3-3-2008)