Based on the evidence and testimony presented before the
and on the findings incorporated in the “Secondary Effects of Sexually-Oriented
Business
on
Market Values
”, Texas City Attorneys
Association
(June 2008); “Crime-Related Secondary Effects: Secondary Effects of ‘Off-Site Sexually-Oriented
Businesses
’” Texas City Attorneys
Association
(June 2008); “A Report on the Secondary Impacts of Adult
Use
Businesses
in the City of Denver,” by the Zoning Administration, Office of Planning and Development, Department of Public Safety, Department of Excise and Licenses, Assessor’s Office, and in consultation with the City’s Attorney’s Office, Denver, Colorado (January 1998); “Sexually Oriented
Business
Ordinance Revision Committee Legislative Report,” Houston, Texas (January 7, 1997); “Crime Related Secondary Effects of “Adult
Use
Study,”“ by the Newport News Department of Planning and Development, Newport News, Virginia (March 1996); “Report to American Center for Law and Justice on the Secondary Impacts of Sex Oriented
Businesses
,” by Peter R. Hecht, Ph.D. of the Environmental Research Group (March 31, 1996); The “Adams County Nude Entertainment Study” by the Adams County Sheriff’s Department (1991) (Colorado); “Effects of Adult Entertainment
Businesses
on Residential Neighborhoods,” by the Department of Planning, Research, and Development, City of El Paso, TX (Sept. 26, 1986); “Adult Entertainment
Business
Study for Manatee County, Florida,” by Manatee County Planning and Development Department (June 1987); “Adult Entertainment
Businesses
in Oklahoma City: A Survey of Real Estate Appraisers,” by the Community Development Department of the City of Oklahoma City, OK (March 3, 1986); and Transcript of Workshop Meeting of City Council, City of Tampa, Florida, regarding “Draft Proposal of Establishing a Locational Criteria for Adult Bookstores, Adult Theatres and Special Cabarets” (July 1, 1982), the
hereby finds as follows:
86.10(A)
exist or may exist within the
where books, magazines, motion pictures, videos, prints, photographs, periodicals, records, novelties, and devices that depict, illustrate, describe, or relate to
are possessed, displayed, exhibited, distributed, and/or sold.
86.10(B)
exist or may exist within the
where:
86.10(B)(1) The superficial tissues of one
are manipulated, rubbed, stroked, kneaded, or tapped by a second
, accompanied by the display or exposure of
;
86.10(B)(2) Dancers, entertainers, performers, or other individuals, who, for forms of
, perform or are presented while displaying or exposing
; or
86.10(B)(3) Lap Dancing occurs.
86.10(D) The competitive commercial exploitation of such nudity and semi-nudity is adverse to the public’s interest, quality of life, tone of commerce, and total community
.
86.10(E) The commercial exploitation of nudity and semi-nudity consists of the use of nude and semi-nude entertainment in connection with or for the promotion of the sale of goods or services, and the receipt of money by the
engaging in nude or semi-nude entertainment in exchange for or as consideration for nude or semi-nude performance by such individuals.
86.10(F) The commercial exploitation of nude and semi-nude acts, exhibitions, and nude entertainment occurs frequently at
either selling or allowing consumption of
on the
.
86.10(G) There is a direct relationship between the consumption of
and the nude and semi-nude activities mentioned above, and an increase in criminal activities, disturbances of the peace and good order of the community. The occurrence of these activities is hazardous to the health and the safety of those
in attendance and tends to depreciate the value of adjoining property and harm the economic welfare of the community as a whole.
86.10(H) The combination of the sale and consumption of
with the performance of nude and semi-nude acts, exhibitions and entertainment is adverse to the public’s interest and the quality of life, tone of commerce, and total community
in the
.
86.10(I) To promote and preserve the public peace and good order and to safeguard the health, safety, and welfare of the community and the citizens thereof, it is necessary and advisable for the
to prohibit certain forms of nude and semi-nude acts, exhibitions, entertainment, and
at which
are, or are available to be, sold or consumed.
86.10(J) To preserve the public peace and good order, and to safeguard the health, safety, and welfare of the community and residents thereof, it is necessary and advisable to regulate and restrict the conduct of
, Operators, agents,
, entertainers, performers, patrons, spectators, and
on the
of the
subject hereto.
86.10(K) There is a direct relationship between the display or depiction of
as defined in this Code and an increase in criminal activities, and disturbances of the peace and good order of the community, and the occurrence of these activities is hazardous to the health and safety of those
in attendance and tends to depreciate the value of adjoining property and harm the economic welfare of the community as a whole. These secondary effects are adverse to the public’s interest and quality of life, tone of commerce, and total community
in the
.
86.10(L) When the activities described in subsections 86.10(A) and 86.10(B) take place in
within the
, other activities that are illegal or unhealthy tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include but are not limited to prostitution, solicitation for prostitution, lewd and lascivious behavior, possession, distribution and transportation of obscene materials, sale or possession of controlled substances, and violent crimes against
and property.
86.10(M) When the activities described in subsections 86.10(A) and 86.10(B) are present in
within the
, they tend to blight neighborhoods, adversely affect neighboring
, lower property values, foster an atmosphere that promotes crime, and ultimately lead residents and businesses to move to other locations.
86.10(O) To preserve and safeguard the health, safety, and general welfare of the people of the
, it is necessary and advisable for the
to regulate the conduct of
, managers, Operators, agents,
, entertainers, performers, and customers at
where the activities described in subsections 86.10(A) and 86.10(B) occur.
86.10(P) The potential dangers to the health, safety, and general welfare of the residents of the
from the activities described in subsections 86.10(A) and 86.10(B) occurring at
without first obtaining a license under this subchapter are so great as to require the licensure of such
before they are permitted to operate.
86.10(Q) “Lap Dancing” does not contain an element of communication, and is therefore conduct rather than expression.
86.10(R) “Lap Dancing” in
poses a threat to the health of the participants and promotes the spread of communicable, infectious, and social diseases.
86.10(S) Sexually oriented businesses are frequently used for unlawful and unhealthy sexual activities, including prostitution and sexual liaison of a casual nature.
86.10(T) The concern over sexually transmitted diseases is a legitimate health concern of the
that demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens.
86.10(U) The prevention of sexual contact between patrons and
at
is unrelated to the suppression of free expression but serves to address the concerns raised in the findings contained herein. Although the dancer’s erotic message may be slightly less effective from four feet away, the ability to engage in the protected expression is not significantly impaired.
86.10(V) Separating dancers from patrons and prohibiting dancers and patrons from engaging in sexual fondling and caressing in
would reduce the opportunity for prostitution transactions and thus should deter prostitution.
86.10(W) To preserve and safeguard the health, safety, and general welfare of the people of the
, it is necessary and advisable for the
to obtain sufficient information regarding the
of
where the activities described in subsections 86.10(A) and 86.10(B) occur in order to preclude the involvement of organized crime.
86.10(X) Requiring sufficient lighting in Adult Theaters advances the substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring at Adult Theaters.
86.10(Y) Requiring that the facilities of Adult Theaters be constructed of materials that are easily cleanable, that the facilities be cleaned on a regular basis, and that the
cleaning the facilities take reasonable precautions to avoid contact with possible disease transmitting media is reasonably related to the protection of both
and patrons from sexually transmitted diseases.
86.10(Z) Licensing is a legitimate, reasonable means of accountability to ensure that Operators of sexually oriented businesses comply with the reasonable regulations within this subchapter and the location requirements of the zoning code, and to ensure that Operators do not knowingly allow their
to be used as places of illegal sexual activity or solicitation.
(Ord. 2010-15, passed 10-4-2010)