(a) Purpose. The purpose of this chapter is to establish reasonable and uniform regulations to minimize and control the negative secondary effects of adult entertainment businesses within the City in order to promote the health, safety and welfare of the citizens of the City of Twinsburg. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials or communication, including sexually oriented entertainment. Similarly, it is not the purpose or the effect of this chapter to restrict or deny access by adults to sexually oriented entertainment protected by the First Amendment, or to deny access by distributors and exhibitors of adult entertainment to their intended market. Furthermore, it is not the intent or effect of this chapter to condone or legitimize the distribution, or exhibition of adult entertainment as defined herein.
(b) Findings. Based on evidence concerning the adverse secondary effects of adult entertainment businesses on the community presented in open meetings before the Twinsburg Planning Commission and Twinsburg City Council and in studies of the Brookpark Road corridor conducted by the City of Brookpark, Ohio; on findings incorporated in the case of the City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986); and on studies in other states including, Indianapolis, Minnesota and New York; and the Report to: The American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses, it is found that adult entertainment businesses, as defined herein, have a negative secondary impact on the health, safety and welfare of the community and the Planning Commission and Council specifically find:
(1) Adult entertainment businesses lend themselves to ancillary unlawful and unhealthy activities;
(2) Sexual acts occur at adult entertainment businesses; especially those, which provide private or semi-private booths or rooms for viewing films, videos, or live sexually oriented entertainment. Such activities may result in spreading communicable diseases.
(3) Offering adult entertainment under conditions that encourages activities creates unhealthy conditions.
(4) Sanitary conditions in some adult entertainment businesses are unhealthy, in part because of the failure of owners and operators to regulate those activities and maintain their facilities.
(5) Numerous studies and reports have determined that semen is found in the areas of adult entertainment businesses.
(6) The findings listed herein raise substantial governmental concerns.
(7) Adult entertainment businesses have operational characteristics that should be reasonably regulated to protect those substantial governmental concerns.
(8) The regulation of adult entertainment businesses will further the substantial governmental interests in preventing prostitution and other sex related crimes, including illegal sex acts, and protecting the public health, safety, and welfare.
(c) Furthermore, the regulation of these uses is necessary to insure that the detrimental effects will not contribute to the blighting, downgrading or other diminution of property values of the surrounding neighborhood. Uses subject to these controls are known as an “adult entertainment business” and further defined as:
(1) Adult book store;
(2) Adult motion picture theater;
(3) Adult peep show;
(4) Massage establishment;
(5) Adult only entertainment establishments.
(Ord. 78-2001. Passed 6-12-01.)