A. Studies: Studies conducted by the Minnesota attorney general, the American Planning Association and cities such as St. Paul; Indianapolis; Alexandria, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los Angeles, California; Seattle, Washington, have studied the impacts that adult establishments have in those communities. These studies have concluded that adult establishments have an adverse impact on the surrounding neighborhoods. Those impacts include increased crime rates, lower property values, increased transiency, neighborhood blight and potential health risks. Based on these studies and findings, the city council concludes:
1. Adult establishments have adverse secondary impacts of the types set forth above.
2. The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by locational requirements, licensing requirements and health requirements.
3. It is not the intent of the city council to prohibit adult establishments from having a reasonable opportunity to locate in the city.
4. The public health, safety, morals and general welfare will be promoted by the city adopting regulations governing adult establishments.
B. Need For Licensing: The city council of the city of Yerington makes the following findings regarding the need to license sexually oriented businesses. The findings are based upon the experiences of other cities where such businesses have located, as studied by city staff.
1. Sexually oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located, taxing city crime prevention programs and law enforcement services.
2. Sexually oriented businesses can be used as fronts for prostitution and other criminal activity. The experience of other cities indicates that the proper management and operation of such businesses can, however, minimize this risk, provided the owners and operators of such facilities are regulated by licensing or other procedures.
3. 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 such 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 such establishments but also the general public.
4. 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.
5. The risk of criminal activity and/or public health problems can be minimized through a licensing and regulatory scheme as prescribed herein.
C. Findings: It is the purpose of this chapter to regulate adult oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to:
1. Prevent additional criminal activity within the city;
2. Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood;
3. Locate adult oriented businesses away from residential areas, schools, churches, and parks and playgrounds;
4. Prevent concentration of adult oriented businesses within certain areas of the city.
D. Intent: The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult oriented materials protected by the first amendment or to deny access by distributors and exhibitors of adult oriented entertainment to their intended market. (Ord. 04-03, 5-10-2004)