§ 21.2-1. Findings.

(a)

The city council makes the following findings based on evidence concerning the secondary effects of sexually oriented (adult) businesses on the community presented in reports made available to the city council:

(1)

Adult businesses cause secondary effects which are detrimental to the public health, safety and welfare and which are set forth in more detail in subsections (a)(2) through (a)(12) of this section.

(2)

Adult businesses lend themselves to ancillary unlawful and unhealthy activities and are frequently used for unlawful sexual activities, including public sexual indecency and prostitution, and sexual encounters of a casual nature.

(3)

Adult businesses which feature live performances or activities involving nude or semi-nude persons, including adult cabarets, escort bureaus, nude model studios, semi-nude businesses and topless bars, lend themselves to unlawful and unhealthy activities that are presently largely uncontrolled by the operators of such businesses, and such businesses require special supervision from public safety agencies.

(4)

Sexual acts and other sexual contact occur at businesses which allow live performances featuring nude or semi-nude entertainers. Such acts result from the inability or unwillingness of the operators to control sexual activity and/or the physical layout of such businesses, which generally permits one-on-one performances by entertainers whose activities are difficult for the operators to monitor. Sexual acts are especially likely at adult businesses which provide private or semi-private areas, booths or rooms for viewing live performances, and offering and providing such areas encourages sexual activities.

(5)

The operating characteristics of adult businesses raise substantial government concerns, including health concerns over the spread of sexually transmitted and possibly fatal diseases, and should be reasonably regulated in order to protect those substantial governmental concerns.

(6)

Adult businesses require minimum standards and regulations to protect and preserve the public health, safety and welfare.

(7)

Establishing regulations on the place and manner of activities in adult businesses by limiting live performances to locations open to public viewing and by minimizing contact between employees and patrons will serve as a deterrent to and help curb the illegal sexual activity and other casual sexual conduct occurring in adult businesses.

(8)

Establishing a reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the operators and managers of adult businesses. Further, such a licensing procedure will place an incentive on operators and managers to see that adult businesses are run in a manner consistent with the health, safety and welfare of patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensees are the actual operators and managers of the adult business, and fully in possession and control of the premises and activities occurring therein.

(9)

The regulation of nudity and semi-nudity, and manner of entertainment, in adult businesses will further the substantial governmental interests in preventing prostitution and other sex related crimes, including illegal sex acts, and in protecting the public health, safety and welfare.

(10)

Requiring visibility, sufficient lighting and monitoring of patron activities in adult businesses will advance the substantial governmental interests in curbing the illegal and unsanitary sexual activity occurring in adult arcades and adult theaters and will facilitate enforcement of the provisions of this chapter and other state and local laws, thereby furthering the substantial governmental interest in protecting the public health, safety and welfare.

(11)

The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of adult businesses, and by employees of such businesses, will facilitate the enforcement of the provisions of this chapter and other state and local laws, thereby furthering the substantial governmental interest in protecting the public health, safety and welfare.

(12)

A person who recently has been convicted of a sexually related crime is not an appropriate individual to operate, manage or be employed in an adult business. Barring such persons from the operation and management of and employment in sexually oriented businesses for a period of five (5) years serves as a deterrent to and prevents the commission of sexually related criminal acts, including conduct which leads to the transmission of sexually transmitted diseases.

(b)

In making the findings set forth in subsection (a) of this section, the city council has relied upon the "Adult Business Factual Record and Studies" which are on file with the tax and license division of the finance department.

(Ord. No. 2076, § 1, 5-11-99)