Chapter 5.72 BUSINESS REGULATION SEXUAL ORIENTED BUSINESS AND EMPLOYEES


Section 5.72.020 Findings

    Based on evidence concerning the adverse secondary effects of sexually oriented business uses on the community presented in hearings and in reports made available to the City Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc. 475 U.S. 41(1986); Young v. American Mini Theatres 426 U.S. 50(1976); and Barnes v. Glen Theatre, Inc. 501 U.S. 560(1991); Arcara v. Cloud Books, Inc. 478 U.S. 697(1986); California v. LaRue 409 U.S. 109(1972); Iacobucci v. City of Newport, Ky 479 U.S. 92(1986); United States v. O'Brien 391 U.S. 367(1968); DLS, Inc. V. City of Chattanooga 107 F.3d 403(6th Cir. 1997)' Key, Inc. V. Kitsap County 793 F.2d 1053(9th Cir. 1986); Hang on, Inc. V. City of Arlington 65 F.3d 1248(5th Cir. 1995); and South Florida Free Beaches, Inc. V. City of Miami 734 F.2d 608(11th Cir. 1984), as well as studies conducted in other cities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas, Indianapolis, Indiana; Amarillo, Texas, Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas;    Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and findings reported in the Final Report of the Attorney General's Commission on Pornography(1986), the Report of the Attorney General's Working Group On the Regulation Of Sexually Oriented Businesses(June 6, 1989, State of Minnesota), and statistic obtained from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, the City Council finds that:
    A.    Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are frequently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make owners of these establishments responsible for the activities that occur on their premises.
    B.    Crime statistics show that all types of crimes, especially sex-
related crimes, occur with more frequency in neighborhoods where sexually oriented businesses are located. See, e.g., Studies of the cities of Phoenix, Arizona; Indianapolis, Indiana; and Austin, Texas.
    C.    Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows. See, e.g., California v. LaRue 409 U.S. 109, 111(1972); See also Final Report of the Attorney General's Commission on Pornography (1986) at 377.
    D.    Offering and providing such booths and/or cubicles encourages such activities, which creates unhealthy conditions. See, e.g., Final Report of the Attorney General's Commission on Pornography (1986) at 376-77.
    E.    Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses, for the purpose of engaging in sex within the premises of such sexually oriented businesses. See, e.g., Arcadia v. Cloud Books, Inc. 478 U.S. 697, 698(1986); see also Final Report of the Attorney General's Commission on Pornography (1986) at 376-77.
    F.    At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, hepatitis C, amebiasis, salmonella infections, and shigella infections. See, e.g., Study of Fort Meyers, Florida.
    G.    As of December 2000, the total number of reported cases of AIDS in the United States caused by the immunodeficiency virus (HIV) was 774,467, with 40,000 new cases each year. See, e.g., Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention.
    H.    The annual number of cases of early (less than one year) syphilis in the United States reported is 35,600.  See, e.g., Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention.
    I.    The number of cases of gonorrhea in the United States reported annually remains at a high level, with a total of 650,000 cases reported annually.    See, e.g., Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention.
    J.    The surgeon general of the United States in his report of October 22, 1986, advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug use, exposure to infected blood and blood components, and from an infected mother to her newborn.
    K.    According to the best scientific evidence available, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. See, e.g., Findings of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention.
    L.    Unsanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities. See, e.g., Final Report of the Attorney General's Commission on Pornography (1986) at 377.
    M.    Numerous studies and reports have determined that bodily fluids, including semen and urine, are found in the areas of sexually oriented businesses where persons view "adult" oriented films. See, e.g., Final Report of the Attorney General's Commission on Pornography (1986) at 377.
    N.    Nude dancing in commercial establishments encourages prostitution, increases sexual assaults, and  attracts other criminal activity.See, e.g., Barnes v. Glen Theatre 501 U.S. 560, 583(1991).
    O.    Nude dancing in commercial establishments increases the likelihood of drug-dealing and drug use.
See, e.g. Key, Inc. V. Kitsap County 793 F.2d 1053, 1056(9th Cir. 1986).
    P.    The findings noted in paragraphs numbered (A) through (O) raise substantial governmental concerns.
    Q.    Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
    R.    A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses.  Further, such a licensing procedure will place a heretofore non-
existent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety, and welfare of its patrons and employees, as well as the citizens of the City.  It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.
    S.    Removal of doors on adult booths and requiring sufficient lighting on the premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult establishments.
    T.    The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases and criminal activity.
    U.    It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct this ordinance is designed to prevent or who are likely to be witnesses to such activity.
    V.    The fact that an applicant for a sexually oriented business license has been convicted of a sex-related crime leads to the rational assumption that the applicant may engage in conduct in contravention to this ordinance.
    W.    The barring of such individuals from operation or employment in sexually oriented businesses for a period of ten (10) years for a previous felony conviction serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.
    X.     The general welfare, health, morals, and safety of the citizens of this City will be promoted by the enactment of this ordinance


(Ord. 2003-21, Add, 11/20/2003)