§ 18-86. Purpose and findings.

(a)

Purpose. It is the purpose of this article to regulate sexually oriented businesses and related activities to promote the health, safety, morals, and general welfare of the citizens of the county. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene materials.

(b)

Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Hernando County Board of County Commissioners, and on findings incorporated in the cases of County 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. County of Newport, Ky, 479 U.S. 92 (1986); United States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc. v. County of Chattanooga, 107 F.3d 403 (6th Cir.1997); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir.1986); Hang On, Inc. v. County of Arlington,, 65 F.3d 1248 (5th Cir.1995); ILQ, Inv. Inc. v. City of Rochester, 25 F.3d 1413 (8 ^th Cir. 1994); Z.J. Gifts, L.L.C. v. City of Aurora, 136 F.3d 683 (10 ^th Cir. 1998); and South Florida Free Beaches, Inc. v. County of Miami, 734 F.2d 608 (11th Cir.1984), as well as studies conducted by other local governments, including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; St. Paul, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma County, Oklahoma; Cleveland, Ohio; Beaumont, Texas; Manatee County, Florida; 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 statistics obtained from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, the Hernando County Board of County Commissioners finds that:

(1)

Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are often not effectively controlled by the operators of the establishments. Further, there is presently no adequate mechanism to make owners of these establishments responsible for the activities that occur on their premises.

(2)

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.

(3)

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.

(4)

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.

(5)

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., Arcara 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.

(6)

At least fifty (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, Non A, Non B amebiasis, salmonella infections, and shigella infections. See, e.g., Study of Fort Myers, Florida.

(7)

For the period 1985 through 1995, the total number of reported cases of AIDS in the United States caused by the immunodeficiency virus (HIV) was 523,056. See, e.g., Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention.

(8)

Since 1981 and to the present, there has been an increasing cumulative number of persons testing positive for HIV antibody test in Florida.

(9)

The total number of cases of early (less than one year) syphilis in the United States reported during the ten-year period 1985-1995 was 367,796. See, e.g., Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention.

(10)

The number of cases of gonorrhea in the United States reported annually remains at a high level, with a total of 1,250,581 cases reported during the period 1993-1995. See, e.g. Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention.

(11)

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.

(12)

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.

(13)

Sanitary 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.

(14)

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.

(15)

Nude dancing in adult establishments encourages prostitution, increases sexual assaults, and attracts other criminal activity. See, e.g., Barnes v. Glen Theatre, 501 U.S. 560, 583 (1991).

(16)

Nude dancing in adult establishments increases the likelihood of drug-dealing and drug use. See, e.g., Kev, Inc. v. Kitsap County, 793 F.2d 1053, 1056 (9th Cir.1986).

(17)

Location of sexually oriented businesses proximate to residentially zoned property have an adverse effect on property values and lead to deterioration of neighborhoods and community blight. See the St.Paul, Minnesota, and Indianapolis, Indiana, studies in particular and the findings approved in ILQ, Inv. Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); and Z.J. Gifts, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998), for example. Location of such businesses proximate to religious establishments, schools, parks, licensed day care centers, and other areas or establishments frequented by families and children pose particular issues of safety and concern in view of the previous findings herein.

(18)

The findings noted in subsections (1) through (17) above raise substantial governmental concerns.

(19)

Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.

(20)

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 county. 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.

(21)

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.

(22)

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.

(23)

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 article is designed to prevent or who are likely to be witnesses to such activity.

(24)

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 that conduct in contravention to this article.

(25)

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.

(26)

The general welfare, health, morals, and safety of the citizens of this county will be promoted by the enactment of this article.

(27)

Substantial case law from the U.S. Circuit Court of Appeal for the Eleventh Circuit as applicable to federal court jurisdiction in Florida supports the validity of a licensing ordinance with provisions similar to those contained herein based on findings of the type cited in this section.

(c)

Conclusions.

(1)

It is the finding of the Hernando County Board of County Commissioners that public nudity (either partial or total) under certain circumstances, particularly circumstances related to the sale or consumption of alcoholic beverages in establishments offering live nude entertainment or "adult entertainment," (whether such alcoholic beverages are sold on the premises or not) begets criminal behavior and tends to create undesirable community conditions. In the same manner, other adult businesses have the same deleterious effects on the community.

(2)

Among the acts of criminal behavior found to be associated with the commercial combination of live nudity and alcohol, commercial nudity in general, and other adult businesses are disorderly conduct, prostitution, public solicitation, public indecency, drug use and drug trafficking. Among the undesirable community conditions identified with the commercial combination of live nudity and alcohol, commercial nudity in general, and other adult businesses are depression of property values and acceleration of community blight in the surrounding neighborhood, increased allocation of and expenditure for law enforcement personnel to preserve law and order, and increased burden on the judicial system as a consequence of the criminal behavior hereinabove described. The city council finds it is reasonable to believe that some or all of these undesirable community conditions would result in Hernando County as well.

(3)

The board of county commissioners therefore concludes that it is in the best interests of the health, welfare, safety and morals of the community and the preservation of its businesses, neighborhoods, and of churches, schools, residential areas, public parks and playgrounds to prevent or reduce the adverse impacts of adult business establishments. Therefore, the board finds that licensing and regulations are necessary for any adult business establishment. The board finds that these regulations promote the public welfare by furthering legitimate public and governmental interests, including but not limited to, reducing criminal activity and protecting against or eliminating undesirable community conditions and further finds that such will not infringe upon the protected constitutional rights of freedom of speech or expression. To that end, this article is hereby adopted.

(Ord. No. 2003-14, § 1, 7-8-03)