(a) The purpose of this chapter is to establish reasonable and uniform regulations to minimize and control the negative secondary effects of sexually oriented businesses within the Village in order to promote the health, safety and welfare of the citizens of the Village. The provisions of this chapter have neither the purpose nor 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 effect of this chapter to restrict or deny access by adults to sexually oriented entertainment protected by the First Amendment of the Constitution, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Furthermore, it is not the intent or effect of this chapter to condone or legitimize the distribution of or exhibition of entertainment that is obscene.
(b) Based on evidence submitted to Village Council and the Planning Commission concerning the adverse secondary effects of sexually oriented businesses including: the findings incorporated in the cases of City of Renton v. Playtime Theaters, Inc. 475 U.S. 41 (1986), Young v. American Mini Theaters, 427 U.S. 50 (1976), and Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991) and including the studies conducted by other cities including, but not limited to, those conducted by New York City, New York; Kansas City, Missouri; Denver, Colorado; Newport News, Virginia and Phoenix, Arizona, this City Council finds the following:
(1) Sexually oriented businesses lend themselves to ancillary and unlawful and unhealthy activities.
(2) Sexual acts, including masturbation and oral and anal sex, occur at sexually oriented 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 such as syphilis, gonorrhea and human immunodeficiency virus (HIV).
(3) Offering sexually oriented entertainment under conditions that encourage such activities creates unhealthy conditions.
(4) Sanitary conditions in some sexually oriented 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 sexually oriented businesses where persons view sexually oriented films.
(6) The findings noted in divisions a(1) through (a)(5) of this section raise substantial governmental concerns.
(7) Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
(8) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and operators of sexually oriented businesses. Further, such licensing procedure will place a heretofore nonexistent incentive on operators to see that sexually oriented businesses are run in a manner consistent with the health, safety and welfare of patrons and employees, as well as the citizens of the Village. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business and fully in possession and control of the premises and activities occurring therein.
(9) The regulation of nudity in sexually oriented businesses will further the substantial government interests in preventing prostitution and other sex-related crimes, including illegal sex acts, and protecting the public health, safety and welfare.
(10) Removal of doors on viewing booths in sexually oriented businesses and requiring sufficient lighting on premises with viewing booths will advance the substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult arcades and theaters and will facilitate the enforcement of the provisions of this chapter and other Federal, State and local laws, thereby furthering the substantial governmental interest in protecting the public health, safety and welfare.
(11) Requiring sufficient lighting in all sexually oriented businesses will advance the substantial governmental interest in curbing illegal sexual activity on the premises of sexually oriented businesses and will facilitate the enforcement of the provisions of this chapter and other Federal, State and local laws, thereby furthering the substantial governmental interest in protecting the public health, safety and welfare.
(12) The disclosure of certain information by those persons ultimately responsible for the day to day operation and maintenance of sexually oriented businesses and by the employees of such businesses will facilitate the enforcement of the provisions of this chapter and other Federal, State and local laws, and will thereby further the substantial government interest in protecting the public health, safety and welfare.
(13) A person who recently has been convicted of a sexually related crime is not an appropriate individual to operate or be employed in a sexually oriented business or adult motel and barring such individuals from the management of an employment in sexually oriented businesses for a period of years serves as a deterrent to and prevents the commission of sexually related criminal acts, including conduct which leads to the transmission of sexually transmitted diseases.
(Ord. 2004-33. Passed 11-2-04.)