§ 909.00. Findings of fact.

Based on 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), Jacksonville Ordinance Code, Chapter 410, Ord. 77-257-256, Section 1, the Los Angeles Municipal Code, Section 12.70, Ord. 156509 (1982), the Detroit Zoning Ordinance, 66,0000, Ord. 742-G, Section 1, 10-24-72, 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, and the findings of fact set out in section 3-5 of the Adult Entertainment Code of Orange County, Florida, a county in central Florida, and evidence and affidavits presented by the Metropolitan Bureau of Investigation of the Ninth Judicial Circuit of Florida, the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986); Young v. American Mini Theaters, 426 U.S. 50 (1976); Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991); City of Erie v. Pap's A.M., 120 S. Ct. 1382 (2000); City of Los Angeles v. Alameda Books, 535 U.S. 425 (2003); City of Littleton v. Z.J. Gifts, LLC, 124 S.Ct. 2219 (U.S. 2004); and on materials made of record relating to the Seminole County and St. Johns County Public Nudity Ordinances, and on the substance of and findings made or incorporated in studies accomplished in other communities and ordinances enacted in other communities, including, but not limited to, New York, New York; City of Houston Ordinance Number 97-75; Senate Bill Number 232, as passed by the Kansas State Legislature; Phoenix, Arizona; Tucson, Arizona; St. Paul, Minnesota; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Austin, Texas; Macon-Bibb County, Georgia; Palm Beach County, Florida; Manatee County, Florida; the findings of the Attorney General of the State of Minnesota; the report of United States Attorney General's Council on Pornography (1986); Jacksonville, Florida; Detroit, Michigan; 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 publication entitled "Protecting Communities From Sexually Oriented Businesses" (Southwest Legal Press, Inc.); the publication entitled "Local Regulation Of Adult Businesses" (Clark, Boardman and Callaghan); publications prepared by the Florida Family Association, Inc. (Tampa, Florida) relating to the regulation of sexually oriented businesses and adverse secondary effects of sexually oriented businesses; the "Report to: The American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses", Peter R. Hecht, Ph.D. (1996); and the findings of fact relating to the Adult Entertainment Codes of Orange and Seminole Counties, two neighboring and contiguous counties in central Florida, and the findings of fact relating to the sexually oriented business and Adult Entertainment Establishment ordinance of Brevard County, Florida, the county in which the City is located, the publications of Dr. William George regarding erotica and alcohol: Alcohol and Human Sexuality: Review and Integration, Leif C. Crowe and William H. George, Psychological Bulletin, 1989; Alcohol and Hypermasculinity as Determinants of Men's Empathic Responses to Violent Pornography, Jeanette Norris, William H. George, Kelly Cue Davis, Joel Martell, R. Jacob Leonesio; Journal of Int'l Violence, 1999; Alcohol Expectancies and Sexuality: A Self-Fulfilling Prophecy, Analysis of Dyadic Perceptions and Behavior, William H. George, Ph.D., and Susan A. Stoner, B.A., Jeanette Norris, Ph.D., Peter A. Lopez, Ph.D. and Gail L. Lehman, Ph.D., Journal of Studies on Alcohol, 1998; The Effect of Alcohol and Anger on Interest in Violence, Erotica & Deviance, William H. George and G. Alan Marlatt, Journal of Abnormal Psychology, 1986; Perception of Postdrinking Female Sexuality: Effects of Gender, Beverage Choice, and Drink Payment, William H. George, Susan J. Gournic, and Marry P. McAfee, Journal of Applied Social Psychology, 1988; Postdrinking Sexual Inferences: Evidence of Linear Rather than Curvilinear Dosage Effects, William H. George, Gail L. Lehman, Kelly L. Cue, Lorraine J. Martinez, Peter A. Lopez, and Jeanette Norris, Journal of Applied Social Psychology, 1997; Self-Reported Alcohol Expectancies and Postdrinking Sexual Inferences About Women, William H. George, Kelly L. Cue, Peter A. Lopez, Lief C. Crowe, and Jeanette Norris, Journal of Applied Social Psychology, 1995; Self-Reported Alcohol Expectancies for Self and Other as a Function of Behavior Type and Dosage Set; William H. George and Kurt H. Dermen, Journal of Substance Abuse, 1988; Sammy's of Mobile, Ltd. v. City of Mobile, 140 F. 3d 993 (11th Cir. 1998); City of Daytona Beach v. Del Percio 476 So. 2d 197 (Fla. 1985); SOB, Inc. v. County of Benton, 317 F. 3d 856 (8th Cir. 2003); New York State Liquor Auth. V. Bellanca, 452 U.S. 714 (1981); California v. LaRuc, 409 U.S. 109 (1972) (result upheld in 44 Liquormart v. R.I., 517 U.S. 484 (1996)); Seminole Entertainment, Inc. v. City of Casselberry, 813 So. 2d 186 (Fla. 5th DCA 2002), rev. denied 835 So. 2d 269 (2002), cert. denied 123 S. Ct. 2276, 71 USLW 3641 (2003) (including the entire record presented to the Casselberry City Council and the order of the city council revoking Rachel's adult entertainment license); McKee v. City of Casselberry, 10 Fla. L. Weekly Supp. 408a, Per Curium Affirmed 2004 WL 1178246; (Fla. 5th DCA 2004); and matters and materials submitted at the public hearings relating to this Article and other matters and documents relating to all of the above; and the experiences of other central Florida communities, the commission hereby finds that:

(A)

Commercial establishments exist or may exist within the City and other nearby cities or counties in central Florida where books, magazines, periodicals or other printed material, or photographs, films, motion pictures, prints, videotapes, slides, computer digital graphic recordings or other visual representations or recordings, or recordings or other audio matter, or instruments, novelties, devices or paraphernalia which depict, illustrate, describe or relate to specific sexual activities or specified anatomical areas are possessed, displayed, exhibited, distributed and/or sold.

(B)

Commercial establishments exist or may exist within the City and other nearby cities or counties in central Florida where adult entertainment activities in the form of nude, seminude or topless dancers, entertainers, performers or other individuals who, for commercial gain, perform or are presented while displaying or exposing specified anatomical areas; or engage in straddle dancing or touching with customers.

(C)

Commercial sexually oriented businesses exist or operate or may exist or operate within the City and other nearby cities or counties in central Florida where sexually oriented services are offered for commercial or pecuniary gain in the form of commercial physical contact or escort services. The workers of such sexually oriented businesses operating in central Florida engage in physical contact or touching with customers, including acts of prostitution, or encourage or entice the customers to engage in lewdness.

(D)

The activities described in subsections (A), (B) and (C) of this section occur at establishments which operate primarily for the purpose of making a profit and, as such, are subject to regulation by the City in the interest of the health, safety, economy, property values and general welfare of the people, businesses and industries of the City. A major industry which is important to the community's economic welfare is tourism by persons seeking to bring children to visit attractions who wish to stay in a community with a family atmosphere not dominated by commercialized sexual themes.

(E)

When the activities described in subsections (A), (B) and (C) of this section are present in establishments, other activities which are illegal, unsafe or unhealthful tend to accompany them, concentrate around them and be aggravated by them. Such other 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.

(F)

When the activities described in subsections (A), (B) and (C) of this section are competitively exploited in establishments, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real-property values, promote the particular crimes described in subsection (E) of this section, and ultimately lead residents and businesses to move to other locations.

(G)

The establishments in which the activities described in subsections (A), (B) and (C) of this section occur are often constructed, in part or in whole, of substandard materials, maintained in a manner reflecting disregard for the health and safety of the occupants, and have exterior signs or appearance that lower the surrounding property values and contribute to urban decline.

(H)

The activities described in subsections (A), (B) and (C) of this section often occur in establishments concurrent with the sale and consumption of alcoholic beverages, which concurrence leads to a further increase in criminal activity, unsafe activity and disturbances of the peace and order of the surrounding community and creates additional hazards to the health and safety of customers and workers and further depreciates the value of adjoining real property, harming the economic welfare of the surrounding community and adversely affecting the quality of life, commerce and community environment.

(I)

In order to preserve and safeguard the health, safety, property values and general welfare of the people, businesses and industries of the City, it is necessary and advisable for the City to regulate the sale and consumption of alcoholic beverages at establishments where the activities described in subsections (A), (B) and (C) of this section occur.

(J)

Workers at adult entertainment establishments and sexually oriented businesses engage in a higher incidence of certain types of unhealthy or criminal behavior than workers of other establishments, including a very high incidence of illegal prostitution or engaging in lewdness in violation of F.S. ch. 796, operation without occupational licenses and illegal unlicensed massage.

(K)

Physical contact or touching within establishments at which the activities described in subsections (A), (B) and (C) of this section occur between workers exhibiting specified anatomical areas and customers poses a threat to the health of both and promotes the spread of communicable and social diseases.

(L)

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, workers, entertainers, performers and customers at establishments where the activities described in subsections (A), (B) and (C) of this section occur.

(M)

The potential dangers to the health, safety and general welfare of the people of the City posed by permitting an establishment at which the activities described in subsections (A), (B) and (C) of this section occur to operate without first meeting the requirements for obtaining a license under this Article are so great as to require the licensure of such establishments prior to their being permitted to operate.

(N)

Requiring operators of establishments at which the activities described in subsections (1), (2) and (3) of this section occur to keep records of information concerning workers and certain recent past workers will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects, and by making it difficult for minors to work in such establishments.

(O)

Prohibiting establishments at which the activities described in subsections (A), (B) and (C) of this section occur from operating within set distances of educational institutions, religious institutions, residences, areas zoned or designated for residential use and parks, at which minors are customarily found, will serve to protect minors from the adverse effects of the activities that accompany such establishments.

(P)

Straddle dancing, unregulated private performances and enclosed adult booths in establishments at which the activities described in subsections (A), (B) and (C) of this section occur have resulted in indiscriminate commercial sex between strangers, pose a threat to the health of the participants and promote the spread of communicable, sexually transmitted diseases. Straddle dancing is primarily conduct rather than communication or expression.

(Q)

Physical contact or touching between workers of sexually oriented businesses and customers poses a threat to the health of both, and promotes the spread of communicable and sexually transmittable diseases.

(R)

The practice of not paying workers at sexually oriented businesses and requiring them to earn their entire income from tips or gratuities from their customers who are predisposed to want sexual activity has resulted in an extremely high, nearly universal, incidence of prostitution and crimes related to lewdness by workers.

(S)

Sexually oriented businesses involve activities the sole purpose of which is financial gain rather than free speech or expressive activity, and therefore are subject to and require increased regulation to protect the health, welfare and safety of the community.

(T)

Requiring sexually oriented businesses to post a listing of services provided, to restrict services to those listed and to maintain a customer contract and transaction record in a daily register will discourage incidents of criminal behavior such as lewdness and prostitution, thereby further safeguarding the health of both workers and customers and facilitating the identification of potential witnesses or suspects if criminal acts do occur.

(Ord. No. 07-05, § 8, 3-17-2005)