A.
Based on evidence concerning the adverse secondary effects of adult-oriented establishments on the community, as set forth in reports made available to the Common Council of the City of Burlington, and on the holdings and findings in:
(1)
Report to the American Center for Law and Justice on the Secondary Impacts of Sexual Oriented Businesses;
(2)
The Affidavit of Richard McCleary for the case of New Albany DVD LLC v. City of Albany;
(3)
National Law Center Summaries of SOB Land Use Studies;
(4)
Workplace Perspectives on Erotic Dancing, a Minneapolis Minnesota Study;
(5)
The studies conducted in Newport News, Virginia, Garden Grove, California, Dallas, Texas, Houston, Texas;
(6)
The Effects of Sexually Oriented Businesses by Louis F. Cormus III, which summarized studies conducted in Phoenix, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; Seattle, Washington; New York City, New York (specifically Times Square); Dallas, Texas; Environmental Research Group Report; Tucson, Arizona; Manatee County, Florida; State of Minnesota; New Hanover County, North Carolina; Town and Village of Ellicottville, New York; Islip, New York; New York City, New York; Oklahoma City, Oklahoma; Houston, Texas; Newport News; and Des Moines, Washington;
(7)
The Police Memorandum dated May 1, 1990, to the Tucson, Arizona City Prosecutor;
(8)
Rural hotspots: The Case of Adult Businesses by Dr. Richard McCleary;
(9)
The findings incorporated in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986); Colman A. Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1976), Association of Club Executives of Dallas, Inc., et al. v. City of Dallas, 22-CV-00177 (N.D. Tex. May 24, 2022).
B.
The Common Council finds that there is convincing evidence that the secondary effects of adult establishments include an increased risk of:
(1)
Crime statistics show that all types of crimes, especially sex-related crimes, occur with greater frequency in neighborhoods where adult-oriented establishments are located.
(2)
Adult-oriented establishments may contribute to an increased public health risk through the spread of sexually transmitted diseases, and such increased risk is a significant and legitimate matter of concern to the City.
(3)
Studies on the relationship between adult-oriented establishments and neighboring property values have consistently found a negative effect on both residential and commercial property values.
(4)
There is an increased potential for the infiltration of organized crime into the community via the operation of adult-oriented establishments for the purpose of perpetrating unlawful conduct.
(5)
The consumption of alcoholic beverages on the premises of an adult-oriented establishment exacerbates the harmful secondary effects that such businesses have on the community.
(6)
Human trafficking may be prevalent in certain adult establishments.
(7)
Prostitution may be prevalent in certain adult establishments.
C.
Given this well-documented correlation between adult-oriented establishments and the harmful secondary effects itemized above, the Common Council has determined that the locational criteria imposed by the Zoning Code[1] are not alone adequate to protect the health, safety and general welfare of City residents, so the Common Council deems it necessary to regulate, to the extent allowed by law, the operation of adult-oriented establishments within the City. By this chapter, it is not the Common Council's intent to suppress the constitutionally protected speech occurring within adult-oriented establishments, nor does the Common Council anticipate that the limited regulations contained herein will have the effect of "chilling" the expression of such speech within the City. To the contrary, the Common Council's purpose in adopting this chapter is limited to minimizing the occurrence and impact of the harmful secondary effects associated with adult-oriented establishments and ensuring that the protected speech occurring therein is expressed in a safe, healthy, and lawful environment.