The Town Board of Commissioners is committed to protecting the general welfare of the town through the enforcement of laws prohibiting obscenity, indecency, and sexual offenses. It seeks to reduce and eliminate the deleterious effects of sexually oriented businesses while preserving constitutionally protected forms of expression. The Town Board of Commissioners finds that sexually oriented businesses in certain locations contribute to neighborhood deterioration and blight through an increase in crime and diminution of property values, among other adverse consequences, and finds that such effects are contrary to the general welfare of the town. The Town Board of Commissioners recognizes that important and substantial government interests provide a constitutional basis for reasonable regulation of the time, place, and manner under which sexually oriented businesses operate; and that, therefore, the Town Board of Commissioners has determined that persons seeking to operate sexually oriented businesses shall be required to observe specific locational requirements before they commence business, as provided for in this chapter. The Town Board of Commissioners finds that the licensing of sexually oriented businesses is necessary to ensure compliance with the locational and zoning requirements of such businesses. The Town Board of Commissioners finds that sexually oriented businesses in other communities have been used for unlawful sexual activities, including prostitution, and sexual encounters of a casual nature. The concern over sexually transmitted diseases is a legitimate health concern of the town. The provisions of this chapter shall not be construed as permitting any use, activity, or structure that is otherwise prohibited, illegal, or made punishable by law, nor shall it be construed so as to prohibit conduct or expression that is subject to constitutional protection.
(Ord. passed 5-3-94)