(A) Findings.
(1) The Council makes the following findings regarding the need to license sexually-oriented businesses.
(2) The findings are based upon the city’s review and analysis of numerous studies, reports, articles, judicial decisions, and the experience and legislative findings of other cities around the country concerning the impacts or secondary effects of sexually-oriented businesses and the sale, distribution, and display of sexually-oriented materials (collectively, “sexually-oriented business activities”) on the areas in which such activities are located or take place.
(a) 1. Sexually-oriented businesses can exert a dehumanizing influence on persons attending places of worship, children attending licensed family day care homes, state-licensed group family day care homes, and state-licensed child care centers, clients attending state-licensed developmental achievement centers, students attending school, and people using public parks and recreational areas.
2. Sexually-oriented businesses can be used as fronts for prostitution and other criminal activity thereby taxing crime prevention, law enforcement, and public health services. The experience of other cities indicates that the proper management and operation of the businesses can, however, minimize this risk, provided, the owners and operators of the facilities are regulated by licensing or other procedures.
(b) Sexually-oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area in which the businesses are located, thereby exacerbating the shortage of affordable and habitable housing for city residents.
(c) 1. The concentration of sexually-oriented businesses in one area can have a substantially detrimental effect on the area in which the businesses are concentrated and on the overall quality of life in the community.
2. A cycle of decay can result from the influx and concentration of sexually-oriented businesses. The presence of the businesses is often perceived by others as an indication that the community or area is deteriorating and the result can be devastating to other businesses that may be required to move out of the vicinity and which could influence residents to relocate from the area.
3. It has been noted that the presence of the businesses can have the overall effect of causing declining real estate values, which result can be exacerbated by the concentration of the businesses, which can erode the city’s tax base and contribute to overall blight.
(d) Sexually-oriented businesses can increase the risk of exposure to communicable diseases including, but not limited to, Acquired Immune Deficiency Syndrome (AIDS) for which currently there is no cure. Experiences of other cities indicate that the businesses can facilitate the spread of communicable diseases by virtue of the design and use of the premises, thereby endangering not only the patrons of the establishments but also the general public.
(e) Sexually-oriented businesses can cause or contribute to public health problems by the presence of live adult entertainment in conjunction with food and/or drink on the same premises.
(B) Conclusion of the Council. In direct furtherance of the substantial goals of public health, safety, and welfare, the city adopts the following provisions, recognizing that it has a great interest in the present and future character of the city’s residential and commercial neighborhoods.
2006 Code, § 6.33) (Ord. 148, 3rd Series, passed 10-24-2003)