Section 10-90. Findings of fact.
Based on the findings incorporated in the Jacksonville Municipal code, chapter 410, Ord. No. 77-257-256, § 1; the Los Angeles Municipal code, section 12.70, Ord. No. 156509 (1982); the Detroit zoning ordinance, 66,0000, Ord. No. 742-G § 1, 10-24-72; the adult entertainment code of Orange County, Florida, chapter 1A, Ord. No. 85-16; and A Summary of a National Survey of Real Estate Appraisers Regarding the Effect of adult bookstores on Property Values, conducted by the Division of Planning, Department of Metropolitan Development, Indianapolis, January 1984, the city council finds as follows:
(1) The possession, display, exhibition, distribution and sale of books, magazines, motion pictures, prints, photographs, periodicals, records, novelties and devices which depict, illustrate, describe or relate to specified sexual activities are businesses that exist or may exist within the city.
(2) The operating and maintaining of the following places are businesses that exist or may exist within the city:
a. Where the superficial tissues of one person are manipulated, rubbed, stroked, kneaded or tapped by a second person, accompanied by the display or exposure of specified anatomical areas;
b. Where dancers, entertainers, performers or other persons who perform or are presented while displaying or exposing specified anatomical areas; or
c. Where straddle dancing occurs.
(3) When the activities described in subsections (1) and (2) of this section are present in an area of the city, other activities which are illegal, immoral or unhealthful tend to accompany them. Such activities include but are not limited to prostitution; pandering; solicitation for prostitution; lewd and lascivious behavior; exposing minors to harmful materials; possession, distribution and transportation of obscene materials; sale or possession of controlled substances; and violent crimes against persons and property. These illegal, immoral or unhealthful activities tend to concentrate around and be aggravated by the presence of the activities detailed in subsections (1) and (2) of this section.
(4) There is a higher incidence of certain types of criminal behavior among employees and patrons at establishments engaged in adult entertainment than among employees at other commercial establishments.
(5) The concentration within limited areas of the city of business operations and activities described in subsections (1) and (2) of this section tends to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring business, lower property values, promote an increase in crime, particularly of the kinds detailed in subsection (3) of this section, and ultimately results in residents and businesses moving to other locations.
(6) The buildings and establishments in which the activities and business operations described in subsections (1) and (2) of this section take place are conducive to and are often used for the commission of immoral, lewd, indecent or illegal acts.
(7) The business operations and activities detailed in subsections (1) and (2) of this section frequently occur in commercial establishments either selling or allowing consumption of alcoholic beverages on the premises, concurrent with the display of specified anatomical areas or straddle dancing.
(8) There is a direct relationship between the concurrent consumption of alcoholic beverages and the activities described in subsections (1) and (2) of this section and an increase in criminal activities, moral degradation and disturbances of the peace and good order of the community.
(9) The concurrence of the sale or consumption of alcoholic beverages with the activities described in subsections (1) and (2) of this section is hazardous to the health and safety of those persons in attendance and tends to depreciate the value of adjoining property, harm the economic welfare of the community as a whole and adversely affect the public's interest in the quality of life, tone of commerce and total community environment in the city.
(10) In order to preserve the public peace and good order and to safeguard the health, safety and welfare of the community and the citizens thereof, it is necessary and advisable to regulate and restrict the sale and consumption of alcoholic beverages in commercial establishments where the business operations and activities described in subsections (1) and (2) of this section occur.
(11) Physical contact within commercial establishments between persons exhibiting specified anatomical areas and patrons or spectators poses a threat to the individual health of both and promotes the spread of communicable and social diseases.
(12) personal advertising within close proximity to public thoroughfares disrupts traffic and poses a traffic hazard and a threat to the safety of citizens using those thoroughfares.
(13) There is a higher incidence of criminal activity among the employees of commercial establishments that permit the concurrence of the consumption of alcoholic beverages and straddle dancing than among the employees of other commercial establishments.
(14) In order to preserve the public peace and good order and to safeguard the health, safety and welfare of the community and the citizens thereof, it is necessary and advisable to regulate and restrict the conduct of owners, operators, agents, employees, entertainers, performers, patrons and persons on the premises of commercial establishments where the activities described in subsections (1) and (2) of this section take place.
(15) The business operations and activities described in subsections (1) and (2) of this section are commercial ventures, operated for the purpose of making a profit, and as such are proper subjects for regulation by the city in the interest of the health, safety and welfare of the public.
(16) Straddle dancing does not contain any element of communication and is expressly found by the city council to be conduct, rather than expression.
(17) The potential dangers to the health, safety and welfare of citizens posed by permitting an adult dancing establishment or a massage establishment to operate without first meeting the requirements of this article are so great as to require the inspection of the establishments prior to permitting them to initiate operations and thereafter.
(18) Straddle dancing in commercial establishments poses a threat to the individual health of participants and promotes the spread of communicable and social diseases.
(19) Requiring employees of adult entertainment establishments to obtain an adult entertainment permit will help reduce incidents of criminal activities by facilitating the identification of potential witnesses or suspects, will provide a means of preventing minors from working in adult entertainment establishments and will make it easier for health officials to control the spread of contagious diseases in such establishments.
(20) Minors are customarily found in schools, churches, parks and residential areas. colleges and junior colleges in the county offer a variety of programs that are designed for and are attended by minors. Prohibiting adult entertainment establishments from operating within close proximity of such sites will serve to protect minors from the adverse effects of the activities that tend to accompany adult entertainment, as more fully described in subsection (3) of this section.
(21) The combination of two or more classifications of adult entertainment, as specified in section 10-111, within the same building, premises or other structure tends to encourage such illicit, immoral or undesirable activities as prostitution, solicitation for prostitution, public masturbation, sodomy and unnatural sex acts, which are harmful to the health and safety of patrons and the general community.