A.
Purpose. It is the purpose of this chapter to regulate sexually oriented
businesses in order to promote the health, safety, morals, and general
welfare of the citizens of the City, and to establish reasonable and
uniform regulations to prevent the inappropriate location and concentration
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 of any communicative materials, including
sexually oriented materials. Similarly, it is not 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. Based on evidence concerning the advance secondary effects
of adult use on the community presented in hearings and in reports
made available to the Council, and on findings incorporated in the
cases of City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986);
Young v. American Mini Theaters, 426 U.S. 50 (1976); Barnes v. Glen
Theater, Inc., 501 U.S. 560 (1991); City of Erie v. Pap's A.M.,
TDA "Kandyland", 529 U.S. 277 (2000); City of Los Angeles v. Alameda
Books, Inc., 121 S.Ct. 1223 (2001); California v. LaRue, 409 U.S.
109 (1972); 44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484 (1996);
Jake's Ltd., Inc. v. City of Coates, 284 F.3d 884 (8th Cir. 2002);
Bzaps, Inc., v. City of Mankato, 268 F.3d 603 (8th Cir. 2001); DLH,
Inc. v. Nebraska Liquor Control Commission, 266 Neb. 361, 665 N.W.2d
629 (2003); Village of Winslow v. Sheets, 261 Neb. 203; 622 N.W.2d
595 (2001); Major Liquors, Inc. v. City of Omaha, 188 Neb. 628, 198
N.W.2d 483 (1972); and on studies on other communities, including,
but not limited to, Phoenix, Arizona; Tucson, Arizona; Garden Grove,
California; Los Angeles, California; Whittier, California; Adams County,
Colorado; Denver, Colorado; Manatee County, Florida; Indianapolis,
Indiana; Kansas City, Kansas; Minneapolis, Minnesota; St. Paul, Minnesota;
Las Vegas, Nevada; Ellicottville, New York; Islip, New York; New York
City, New York; Syracuse, New York; Times Square, New York; New Hanover,
North Carolina; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo,
Texas; Austin, Texas; Beaumont, Texas; Cleburne, Texas; Dallas, Texas;
El Paso, Texas; Ft. Worth, Texas; Houston, Texas; Newport, Virginia;
Bellevue, Washington; Des Moines, Washington; Seattle, Washington;
St. Croix County, Wisconsin; and also on findings from the Environmental
Research Group to the American Center for Law and Justice (March 31,
1996), the Council finds:
(1)
Sexually oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that are presently uncontrolled by the operators
of the establishments. Further, there is presently no mechanism to
make the owners of these establishments responsible for the activities
that occur on their premises.
(2)
Certain employees of sexually oriented businesses defined in
this chapter as adult theaters and cabarets engage in higher incidence
of certain types of illicit sexual behavior than employees of other
establishments.
(3)
Sexual acts, including masturbation, and oral and anal sex,
occur at sexually oriented businesses, especially those which provide
private or semi-private booths or cubicles for viewing films, videos,
or live sex shows.
(4)
Offering and providing such space encourages such activities,
which creates unhealthy conditions.
(5)
Persons frequent certain adult theaters, adult arcades, and
other sexually oriented businesses for the purpose of engaging in
sex within the premises of such sexually oriented businesses.
(6)
Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect those substantial
governmental concerns.
(7)
A reasonable licensing procedure is an appropriate mechanism
to place the burden of that reasonable regulation on the owners and
the operators of the sexually oriented businesses. Further, such a
licensing procedure will place an incentive on the operators to see
that the sexually oriented business is run in a manner consistent
with the health, safety and welfare of its patrons and employees,
as well as the citizens of the City. It is appropriate to require
reasonable assurances that the licensee is the actual operator of
the sexually oriented business, fully in possession and control of
the premises and activities occurring therein.
(8)
Removal of doors on adult booths and requiring sufficient lighting
on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult theaters.
(9)
Requiring licensees of sexually oriented businesses to keep
information regarding current employees and certain past employees
will help reduce the incidents of certain types of criminal behavior
by facilitating the identification of potential witnesses or suspects
and by preventing minors from working in such establishments.
(10)
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented business, where such information is substantially related
to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases.
(11)
The fact that an applicant for an adult use license has been
convicted of a sexually related crime leads to the rational assumption
that the applicant may engage in that conduct in contravention of
this chapter.
(12)
The barring of such individuals from the management of adult
uses for a period of years serves as a deterrent to and prevents conduct
which leads to the transmission of sexually transmitted diseases.
(13)
The general welfare, health, morals and safety of the citizens
of the City will be promoted by the enactment of this chapter.
