[Ord. No. 211, 7-30-1996]
(a)
The Town Council of the Town of Vernon, Connecticut, finds:
(1)
There are "adult-oriented establishments" located in the town which require special supervision from the town's public safety agencies in order to protect and preserve the health, safety and welfare of the patrons of such establishments, as well as the health, safety and welfare of the town's citizens.
(2)
Statistics and studies performed by a substantial number of cities and towns in the United States indicate that:
a.
Large numbers of persons, primarily male, frequent such "adult oriented establishments," especially those which provide closed booths, cubicles, studios and rooms for the private viewing of so-called "adult" motion pictures and/or video tapes and/or live entertainment; and
b.
Such closed booths, cubicles, studios and rooms have been used by patrons, clients or customers of such "adult-oriented establishments" for the purpose of engaging in certain sexual acts; and
c.
Male and female prostitutes have been known to frequent such establishments in order to provide sex for hire to the patrons, clients or customers of such establishments within such booths, cubicles and rooms; and
d.
Doors, curtain, blinds and/or other closures installed in or on the entrances and/or exits of such booths, cubicles, studios and rooms which are closed while such booths, cubicles, studios and rooms are in use encourage patrons using such booths, cubicles, studios and rooms to engage in sexual acts therein with prostitutes and/or with other members of the same sex, thereby promoting and encouraging prostitution and the commission of sexual acts which cause blood, semen and urine to be deposited on the floors and/or walls of such booths, cubicles, studios and rooms which deposits could prove detrimental to the health and safety of other persons who may come into contact with such deposits; and
e.
The regulation and supervision of such "adult-oriented establishments" tends to discourage such sexual acts and prostitution, and thereby promotes the health, safety and welfare of the patrons, clients and customers of such establishments.
(3)
The continued unregulated operation of adult-oriented establishments including, without limitation, those specifically cited in subsection (a)(1) hereof is and would be detrimental to the general welfare, health and safety of the citizens of Vernon.
(4)
The Constitution and laws of the State of Connecticut grant to the town powers, especially police power, to enact reasonable legislation and measures to regulate and supervise "adult-oriented establishments" as hereinafter defined in order to protect the public health, safety and welfare.
(b)
It is not the intent of the town council, in enacting this division, to deny any person rights to speech protected by the United States and/or state constitutions, nor is it the intent of the town council to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, video-tapes, books and/or other materials. Further, by enacting this ordinance, the town council does not intended to deny or restrict the rights of any adult to obtain and/or view any sexually oriented materials protected by the United States and/or state constitutions, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of such sexually oriented materials may have to sell, distribute or exhibit such materials.