(A) The City Council has reviewed land use studies concerning the secondary effects of adult-oriented businesses in other cities including, but not limited to: Garden Grove, California (1991); Phoenix, Arizona (1986); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City, Oklahoma (1986); Beaumont, Texas (1982); Tucson, Arizona (1990); and Whittier, California (1987).
(B) The Council finds that the secondary effects of adult businesses include, among other things, an increase in crime, a decrease in property values and retail trade, unlawful sexual activities including prostitution and pandering, exposing minors to harmful materials, possession and distribution of obscene materials, child pornography, possession and sale of controlled substances, and violent crimes against persons and property.
(C) The purpose of this subchapter is to promote the health, safety, and general welfare of the citizens of the city by regulating adult businesses, by specifying appropriate locations for such businesses, and by requiring the separation of such businesses by a minimum distance, thereby reducing or eliminating the adverse secondary effects of such businesses. The purpose of this subchapter is not to limit or restrict the content of any communicative materials, including sexually oriented materials, to restrict or deny access by adults to sexually oriented materials protected by the United States or California Constitutions, or to deny access by distributors and exhibitors of sexually oriented materials and entertainment to their intended market. The purpose of this subchapter is not to condone or legitimize the distribution of obscene material.
(D) It is further the intent of the City Council that adult businesses shall exhibit the same high standards of site planning, architecture, landscape, and exterior design required of all commercial or industrial developments, while minimizing general public view of sexually explicit adult-oriented materials or activities, particularly as such materials or activities might cause harm or offense to “captive viewers” of such materials or activities, i.e., passersby or other visitors to the area who are not customers of an adult business and would not choose to be exposed to such materials or activities.
(Ord. 987, passed 6-19-95)
Cross-reference:
Business license taxes, see Ch. 110