§ 10-114. Findings of fact.

In addition and supplemental to the findings and determinations contained in the "Whereas" provisions outlined in Ordinance No. 3193-98, which are incorporated by reference into this section, the city commission acting in its legislative capacity for the purpose of regulating adult entertainment establishments, hereby makes the following findings of fact:

Based on the evidence and testimony presented at public hearings before the city commission, and on the findings incorporated in the United States Attorney General's Commission on Pornography (1986), A Summary of a National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on Property Values, conducted by the Department of Metropolitan Development, City of Indianapolis, 1984; Adult Entertainment Businesses Study for Manatee County, Manatee County Planning and Development Department, June 1987; Adult Entertainment Study, Department of City Planning, City of New York, November 1994; Director's Report Proposed Land Use Code Text Amendment Adult Cabarets, Department of Construction and Land Use, City of Seattle, March 1989; Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, Hubert H. Humphrey, III, Attorney General, State of Minnesota, June 6, 1989; Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles, Department of City Planning, City of Los Angeles, June 1997; and the Palm Beach County Adult Entertainment Code, the city finds that:

(1)

Establishments exist or may exist within the city where books, magazines, motion pictures, prints, photographs, periodicals, records, novelties and/or devices which depict, illustrate, describe or relate to specified sexual activities are possessed, displayed, exhibited, distributed and/or sold.

(2)

Establishments exist or may exist within the city:

a.

Where the superficial tissues of one person are manipulated, rubbed, stroked, kneaded, and/or tapped by a second person, accompanied by the display or exposure of specified anatomical areas;

b.

Where dancers, entertainers, performers or other individuals, who, for any form of commercial gain, perform or are presented while displaying or exposing any specified anatomical areas; or

c.

Where lap dancing occurs.

(3)

The activities described in subsections (1) and (2) of this section occur at establishments for the purpose of making a profit, and, as such, are subject to regulation by the city in the interest of the health, safety, and general welfare of the people of the city.

(4)

The competitive commercial exploitation of such nudity and seminudity is adverse to the public's interest and the quality of life, tone of commerce, and total community environment in the city.

(5)

The commercial exploitation of nudity and seminudity consists of the use of nude and seminude entertainment in connection with or for the promotion of the sale of goods or services, and the receipt of money by the person engaging in nude or seminude entertainment in exchange for, or as consideration for nude or seminude performance by such individuals.

(6)

In order to preserve the public peace and good order, and to safeguard the health, safety and welfare of the community and citizens thereof, it is necessary and advisable to regulate and restrict the conduct of owners, operators, agents, employees, entertainers, performers, patrons, spectators and persons on the premises of the commercial establishments subject to this article.

(7)

There is a direct relationship between the display or depiction of specified anatomical areas as defined in this article and an increase in criminal activities, moral degradation and disturbances of the peace and good order of the community, and the concurrences of these activities is hazardous to the health and safety of those persons in attendance and tends to depreciate the value of adjoining property and harm the economic welfare of the community as a whole. These secondary effects are adverse to the public's interest and quality of life, tone of commerce and total community environment in the city.

(8)

When the activities described in subsections (1) and (2) of this section are presented in establishments within the city, other activities which are illegal, immoral or unhealthy tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include but are not limited to prostitution, solicitation for prostitution, lewd and lascivious behavior, possession, distribution and transportation of obscene materials, sale or possession of controlled substances, and violent crimes against persons and property.

(9)

When the activities described in subsections (1) and (2) of this section are present in establishments within the city, they tend to blight neighborhoods, adversely affect neighboring businesses, lower property values, foster an atmosphere which promotes crime, and ultimately lead residents and businesses to move to other locations.

(10)

Physical contact within establishments at which the activities described in subsections (1) and (2) of this section occur between workers exhibiting specified anatomical areas and customers poses a threat to the health of both and may lead to the spread of communicable, infectious and social diseases.

(11)

In order to preserve and safeguard the health, safety, and general welfare of the people of the city, it is necessary and advisable for the city to regulate the conduct of owners, managers, operators, agents, employees, entertainers, performers and customers at establishments where the activities described in subsections (1) and (2) of this section occur.

(12)

The potential dangers to the health, safety, and general welfare of the people of the city from the activities described in subsections (1) and (2) of this section occurring at establishments without first obtaining a license under this chapter are so great as to require the licensure of such establishments prior to their being permitted to operate.

(13)

Sexually oriented businesses are frequently used for unlawful and unhealthy sexual activities, including prostitution and sexual liaison of a casual nature.

(14)

The concern over sexually transmitted diseases is a legitimate health concern of the city which demands reasonable regulations of sexually oriented businesses in order to protect the health and well-being of the citizens.

(15)

Licensing is a legitimate reasonable means of accountability to ensure that operators of sexually oriented businesses comply with the reasonable regulations within the adult entertainment code and the locational requirements of the city zoning regulations set forth in chapter 94 and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.

(Code 1979, § 35-4)