(a) Purpose. It is the purpose of this Section to regulate Entertainment Establishments in order to promote the health, safety, moral, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of Entertainment Establishments within the City. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this Section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Section to condone or legitimize the distribution of obscene material.
(b) Findings and Rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Planning Commission and City Council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Pap's A.M v. City of Erie, 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); and Deja Vu of Cincinnati, Inc. v. Union Township, Ohio, 411 F.3d 777 (6th Cir. 2005); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Brandywine, Inc. v. City of Richmond, 359 F.3d 830 (6th Cir. 2004); Currence v. City of Cincinnati, 28 Fed. Appx. 438 (6th Cir. 2002); Broadway Books v. Roberts, 642 F.Supp. 486 (E.D. Tenn. 1986); Bright Lights, Inc. v. City of Newport, 830 F.Supp. 378 (E.D. Ky. 1993); Richland Bookmart v. Nichols, 137 F.3d 435 (6th Cir. 1998); Center for Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); Deja vu v. Metro Government, 1999 U.S. App. LEXIS 535 (6th Cir. Jan. 13, 1999); Bamon Corp. v. City of Dayton, 923 F.2d 470 (6th Cir. 1991); Triplett Grille, Inc. v. City of Akron, 40 F.3d 129 (6th Cir. 1994); State v. Ullman, 2003-0hio-4003; State ex. rel. Nasal v. BJS No.2, Inc., 127 Ohio Misc.2d 101 (2003) O'Connor v. City and County of Denver, 894 F.2d 1210 (10th Cir. 1990); Deja vu of Nashville, Inc., et al. v. Metropolitan Government of Nashville and Davidson County, 274 F.3d 377 (6th Cir. 2001); Z.J Gifts D-2, L.L.C. v. City of Aurora, 136 F .3d 683 (10th Cir. 1998); ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); Threesome Entertainment v. Strittmather, 4 F.Supp.2d 710 (N.D. Ohio 1998); Bigg Wolf Discount Video Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Kentucky Restaurant Concepts, Inc. v. City of Louisville and Jefferson County, 209 F.Supp.2d 672 (W.D. Ky. 2002); Lady J Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); Restaurant Ventures v. Lexington-Fayette Urban County Gov't, 60 S.W.3d 572 (Ct. App. Ky. 2001); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 dh Cir. 2003); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983; Phoenix, Arizona - 1979; Chattanooga, Tennessee - 1999-2003; Minneapolis, Minnesota - 1980; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma- 1986; Dallas, Texas - 1997; Greensboro, North Carolina - 2003; Amarillo, Texas - 1977; New York, New York Times Square - 1994; and the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the City Council finds:
(1) Entertainment Establishments, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation.
(2) Entertainment Establishments should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.
(3) Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the City's rationale for this section, exists independent of any comparative analysis between sexually oriented and non-sexually oriented establishments. Additionally, the City's interest in regulating Entertainment Establishments extends to preventing future secondary effects of either current or future Entertainment Establishments that may locate in the City. The City finds that the cases and documentation relied on in this section are reasonably believed to be relevant to said secondary effects.
(c) Criteria. Entertainment Establishments shall be a Permitted Use in the Limited I Industrial District (1-2) and Heavy Industrial District (1-3), subject to the following:
(1) No Entertainment Establishment shall be established within 500 feet of:
A. Any "R" District" including an R-2 Residential District, an R-3 Residential District, an R-4 Residential District, a R-5 Single Family Cluster District, an R-6 Apartment District, an R-7 Senior Residence District, or an R-8 Two Family District, as shown on the Official Zoning Map of the City.
B. A PUD Planned Unit Development District as shown on the Official Zoning Map of the City; or,
C. Any non-conforming residential dwelling.
(2) No Entertainment Establishment shall be established within 500 feet of any school or pre-school, library, daycare facility or teaching facility, whether public or private.
(3) No Entertainment Establishment shall be established within 500 feet of any residential care facility.
(4) No Entertainment Establishment shall be established within 500 feet of any Public Facilities District (PF).
(5) No Entertainment Establishment shall be established within 500 feet of any church, synagogue, or worship facility.
(6) No Entertainment Establishment shall be established within 500 feet of any other Entertainment Establishment.
(7) Lighting on the exterior of the building shall be arranged so as to illuminate the entire off-street parking area with sufficient intensity to provide illumination of not less than two (2.0) foot candles as measured at the floor level.
(8) The distances as cited in this Section above shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property line of the property on which the proposed Entertainment Establishment is to be established, to the nearest point of the property or zoning district line from which the proposed Entertainment Establishment is to be separated.
(Ord. 109-2006. Passed 11-7-06.)