§ 12-41. Findings.

The city council finds the following:

(1)

The city has historically used zoning and land use controls to address issues with adult businesses;

(2)

A recent study for the city found that many of the potential secondary effects and community concerns about adult businesses relate to the operation of those businesses, including particularly the management of the business and the behavior of its customers;

(3)

Through licensing, it is possible to directly address those operational issues, establishing standards of operation that will provide guidance to responsible operators and that will provide benchmarks against which to measure the performance of all operators of adult businesses;

(4)

Through licensing, the city can address the business operations rather than the subject-matter of books, films, videos or other media offered therein. The city has consciously not brought under this licensing ordinance some types of businesses which offer significant quantity and variety of sexually-oriented books, magazines, videos and other media, because such businesses do not have the characteristics of adult businesses, as identified through the city's own studies;

(5)

It is appropriate and necessary to continue to address certain land-use issues related to such businesses through the zoning ordinance but also to address separately the operating issues addressed through this ordinance;

(6)

The requirements of this Article advance the public health, safety and welfare by providing neutral regulations governing the conduct of adult businesses within the city;

(7)

The license fees required in this Article are nominal fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the city in processing applications for licenses and permits issued under this article;

(8)

Certain conduct occurring on premises offering adult live entertainment is detrimental to the public health, safety and general welfare of the citizens of the city, and, therefore, such conduct must be regulated as provided in this article;

(9)

Regulation of the adult live entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred;

(10)

It is necessary to license entertainers in the adult live entertainment industry to prevent the exploitation of minors, to ensure that each such entertainer is an adult, and to ensure that such entertainers have not assumed a false name, which would make regulation of the entertainer difficult or impossible;

(11)

It is necessary to have a licensed manager on the premises of establishments offering certain kinds of adult live entertainment and adult entertainment at such times as such establishments are offering adult entertainment so that there will at all necessary times be an individual responsible for the overall operation of the establishment, including the actions of customers, entertainers and other employees;

(12)

Studies in other cities have shown that businesses providing adult live entertainment are increasingly associated with ongoing prostitution, disruptive conduct and other criminal activity which is currently not subject to effective regulation and which constitutes an immediate threat to the public peace, health and safety; and

(13)

Studies in other cities have shown that regulation of the adult live entertainment industry is necessary to deter prostitution or high-risk sexual conduct that may be associated with adult live entertainment facilities and to limit the health hazards of syphilis, gonorrhea, herpes, hepatitis-B and HIV/AIDS that may result.

(Ord. No. 981345, § A, 12-21-98)