A. Based upon the written material contained in and attached to the police department's report, and the staff and public testimony presented to the city council at its public hearing on Ordinance No. 86-077, which was adopted by the Sacramento city council on July 15, 1986, the city council made the following pertinent findings:
1. There are significant public health and safety concerns created by the occurrence of masturbation and sexual acts within enclosed booths. Specifically, there is an increased danger to other patrons and to employees posed by the presence of body fluids as to which they could come in contact. The danger is the potential spread of the AIDS virus and the Hepatitis B virus, among others. The unsanitary condition of the booths as described by the police and by the county health department is intolerable in any event.
2. All six adult bookstores within the city have private viewing booths wherein adult-oriented videos and movies can be viewed privately.
3. All of these booths were equipped with doors capable of being locked from the inside.
4. The viewing booths were in a filthy condition, with body fluids (semen) on the floors, walls, doors and screens.
5. Many of the booths were furnished with tissue in dispensers, and trash cans containing tissues soiled with semen. From this fact and others set out above, the detectives concluded that masturbation and sex acts were occurring within the booths.
6. In the booths there were many messages soliciting all types of sexual activities. These messages, often with telephone numbers or other means of contact, were written on doors, walls and screens of the booths.
7. The detectives observed actual sexual activity occurring in their presence.
8. The detectives were solicited to participate in sexual activity in the privacy of the booths.
9. The detectives made a total of five arrests of individuals during the investigation, for charges of violation of prostitution laws or commission of lewd acts.
10. The detectives contacted representatives of the vice units of the Sacramento sheriff's office, the San Francisco police department, and the Los Angeles police department. In the resulting discussions, the detectives learned that those vice units have had similar experience to that set out above, within enclosed viewing booths in adult-type arcades or adult bookstores. Each jurisdiction cited law enforcement problems relating to prostitution and lewd acts in those facilities. Representative reports were obtained from these jurisdictions.
B. Based upon written reports from the police department and city attorney, the reported experiences of other jurisdictions, and the staff and public testimony presented to the city council at its public hearing on the ordinance codified in this chapter, the city council makes the following additional findings:
1. In order to address the city's public health and safety concerns and to accomplish the city's crime detection and deterrent purposes in connection with picture arcades:
a. A requirement that the complete interior of each picture arcade viewing area be visible by direct view with the retina of the unaided eye (except for the aid of corrective lenses) is necessary. Any other system of achieving visibility or maintaining surveillance of the interior, such as with cameras or mirrors, is not trustworthy and can be easily made ineffective by deliberate or negligent failure to maintain the system.
b. A requirement that all picture arcade viewing areas be illuminated with light having an intensity of not less than five foot candles is necessary. This level of lighting will not unduly interfere with the viewing of movies by patrons, will permit law enforcement officers to effectively inspect the business premises, and will deter criminal conduct by patrons. Failure to set a minimum lighting level would allow picture arcade operators to frustrate the city council's legitimate police power purposes.
c. A prohibition against doors or other blocking devices which prevent immediate and unassisted entry into picture arcade viewing areas is necessary. The existence of doors or other blocking devices impedes law enforcement detection and deterrence of criminal activity and may encourage
some patrons to believe that the management intends to provide a safe place for masturbation and other wrongful sexual conduct.
d. A prohibition against maintenance of partially or fully enclosed or concealed booths in a picture arcade is necessary. Even after electronically controlled doors blocking or slowing law enforcement access to picture arcade viewing areas were removed and lockable doors were removed from existing booths, illegal sexual conduct continued in picture arcades with partially enclosed or concealed booths.
2. Three was the maximum number of picture arcade viewing areas being maintained by any of the picture arcades within the city as of February, 1988. Maintenance of more than three picture arcade viewing areas within one picture arcade encourages private and secret viewing and undermines the purposes of this chapter.
3. The regulations imposed by this chapter are reasonably necessary to protect the health, safety and general welfare of picture arcade patrons and other members of the public. This chapter is an effective remedial measure designed to deal directly with the law enforcement and health and safety issues. (Prior code § 5.08.081)