(A) Rationale. It is the purpose of this chapter to regulate sexually-oriented businesses in order to promote the health, safety and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually-oriented businesses within the city. The provisions of this chapter 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 chapter 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 chapter to condone or legitimize the distribution of obscene material.
(B) Findings.
(1) Based on evidence of the adverse secondary effect of adult uses presented in hearings and in reports made available to the City Commissioners, and on findings, interpretations and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 124 S. Ct. 2219 (June 7, 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 Theaters, 426 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); Heideman v. South Salt Lake City, 342 F.3d 1182 (10th Cir. 2003); Farkas v. Miller, 151 F.3d 900 (8th Cir. 1998); United States v. Evans, 272 F.3d 1069 (8th Cir. 2002); United States v. Mueller, 663 F.2d 811 (8th Cir. 1981); BZAPS, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001); PHE, Inc. v. State, 2004 Miss. LEXIS 269 (2004); Yorko v. State, 690 S.W. 2d 260 (Tex. 1985); SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003); United States v. Frederickson, F.2d 517 (1988); ILQ Invs. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); Ctr. for Fair Public Policy v. Maricopa County, 336 F.4d 1153 (9th Cir. 2003); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (1996); World Wide Video of Washington, Inc. v. City of Spokane, 386 F.3d 1186 (9th Cir. 2004); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999).
(2) 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, 1997; Phoenix, Arizona - 1979, 1995 through 1998; Chattanooga, Tennessee - 1999 through 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; Roncek, McCleary Expert Reports - 2004; 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).
(3) The City Commissioners finds the following.
(a) Sexually-oriented businesses, 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 property values, urban blight, litter and sexual assault and exploitation.
(b) Sexual acts, including masturbation, oral and anal sex, sometimes occur inside the premises of or in the parking lot of unregulated sexually-oriented businesses, including, but not limited to, those which provide private or semi-private booths, rooms or cubicles for viewing films, video or live sexually explicit shows, which acts pose a risk to public health through the spread of sexually transmitted diseases.
(c) Sexually-oriented businesses 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.
(d) Each of the foregoing negative secondary effects constitutes a harm which the city has a substantial government interest in preventing and/or abating, and said substantial interest exists independent of any comparative analysis between sexually-oriented and non-sexually-oriented businesses.
(Ord. 226, passed 11-24-2005)