§ 10-23. Findings of fact.

Based on evidence and testimony presented at public hearings before the board of county commissioners on various dates, which included a presentation indicating the negative secondary effects of adult entertainment establishments and sexually oriented businesses in other communities in the United States, and on findings incorporated in the cases of County 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) 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:

(1)

Planning Department-Adult Business Study, Phoenix, Arizona-May 25, 1979;

(2)

Final Report to the County of Garden Grove-The Relationship Between Crime And Adult Business Operations On Garden Grove Boulevard, Garden Grove, California-October 23, 1991;

(3)

An analysis by the Department of Metropolitan Development, Division of Planning-Adult Entertainment Businesses in Indianapolis, Indianapolis, Indiana-February 1984;

(4)

Police Department Report of Special Investigation Unit, Cleveland, Ohio-August 24, 1977;

(5)

Study by Community Development Department-Planning Division, Adult Entertainment Businesses In Oklahoma County-A Survey of Real Estate Appraisers, Oklahoma County, Oklahoma-March 3, 1986;

(6)

Report On Adult Oriented Businesses in Austin, prepared by the Office of Land Development Services, Austin, Texas-May 19, 1986;

(7)

Planning Department Study, Regulation of Adult Uses, Beaumont, Texas-September 14, 1982;

(8)

Director's Report and Recommendation on a Proposed Land Use Code Amendment by the Department of Construction and Land Use, Seattle, Washington-March 24, 1989;

(9)

Report prepared by Insight Associates, Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area, New York, New York (Times Square)-April, 1994;

(10)

Report by the Malin Group, An Analysis of the Effects of SOB's on the Surrounding Neighborhoods in Dallas, Texas, Dallas, Texas-April 1997;

(11)

Police memorandum, Tucson, Arizona-May 1, 1990;

(12)

Study by the Manatee County Planning and Development Department, Adult Entertainment Businesses Study For Manatee County, Manatee County, Florida-June, 1987;

(13)

Sexually Oriented Business Ordinance Revision Committee Legislative Report, Houston, Texas-January 7, 1997;

(14)

Report by Retired Sergeant Oklahoma County Police Department, Quality of Life: A Look at Successful Abatement of Adult Oriented Business, Oklahoma County, Oklahoma-June, 1992; along with

(15)

Memorandums, letters, photographs, affidavits, and other documents submitted at those public hearings relating to this article, along with the board's knowledge of actual conditions in the county, the board of county commissioners hereby find:

a.

Establishments exist, have existed, or may exist within the county where adult material constitutes a substantial portion of the material displayed, exhibited, distributed, rented or sold or offered for rent or sale.

b.

Establishments exist, have existed, or may exist within the county:

1.

Where the superficial tissues of one person are manipulated, rubbed, stroked, kneaded, and/or tapped by a second person, accompanied by the display or exposure of specified anatomical areas;

2.

Where the business is distinguished by an emphasis on, or the promotion of, dancers, entertainers, performers, or other individuals, who, for any form of commercial gain, perform or are presented while displaying or exposing any specified anatomical area or perform or are presented while simulating or otherwise giving the appearance of the display or exposure of any specified anatomical areas;

3.

Where workers dance or perform with or within three feet of customers in consideration for tips, remuneration or compensation from or on behalf of those customers, or offer, solicit or contract to do the same, and the product, service or entertainment is intended to provide sexual stimulation or sexual gratification to such customers; or

4.

Where straddle dancing, private modeling, prostitution, unlawful drug transactions, or lewd and lascivious touching occurs between customers and workers or performers.

c.

Establishments exist, have existed, or may exist within the county and surrounding counties 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 engage in physical contact or touching with customers, including acts of prostitution, or encourage or entice customers to engage in acts of lewdness.

d.

The activities described in subsections (15)a, b and c of this section occur at establishments for the purpose of making a profit, and, as such, are subject to regulation by the county in the interest of the health, safety, morals and general welfare of the people of the county.

e.

When the activities described in subsections (15)a, b and c of this section are present in establishments within the county, other activities which are illegal, immoral or unhealthy 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 (15)a, b and c of this section are present in establishments within the county they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, promote crime, particularly the kinds detailed in subsection (15)e, and ultimately lead residents and businesses to move to other locations.

g.

The establishments in which the activities described in subsections (15)a, b and c of this section occur are usually constructed, in part or in whole, of substandard materials, and are usually maintained in a manner reflecting disregard for the health and safety of the occupants, and have exterior appearance and/or signage that depreciates the value of adjoining real property and otherwise contributes to urban decline.

h.

The activities described in subsections (15)a, b and c of this section frequently occur in establishments concurrent with the sale and consumption of alcoholic beverages.

i.

The concurrence of the sale and consumption of alcoholic beverages with the activities described in subsections (15)a, b and c of this section leads to an increase in criminal activity, moral degradation, and disturbances of the peace and order of the county.

j.

The concurrence of the sale and consumption of alcoholic beverages with the activities described in subsections (15)a, b and c of this section is hazardous to the health and safety of those persons in attendance, depreciates the value of adjoining real property, harms the economic welfare of the county and adversely affects the public's interest in the quality of life, tone of commerce and community environment in the county.

k.

In order to preserve and safeguard the health, safety, morals, and general welfare of the people of the county it is necessary and advisable for the county to prohibit the sale and consumption of alcoholic beverages at establishments where the activities described in subsections (15)a, b and c of this section occur.

l.

Workers of establishments at which the activities described in subsections (15)a, b and c of this section engage in a higher incidence of certain types of criminal behavior than workers of other establishments, including prostitution and lewdness in violation of F.S. ch. 796 operating without an occupational license, and operating unlicensed massage parlors and cosmetology businesses.

m.

Physical contact within establishments at which the activities described in subsections (15)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 sexually transmissible diseases.

n.

In order to preserve and safeguard the health, safety, morals, and general welfare of the citizenry of the county, it is necessary and advisable for the county to regulate the conduct of owners, managers, operators, agents, workers, entertainers, performers and customers at establishments where the activities described in subsections (15)a, b and c of this section occur.

o.

The potential dangers to the health, safety, morals, and general welfare of the citizenry of the county posed by permitting an establishment at which the activities described in subsections (15)a, b and c of this section occur to operate without first obtaining a license under this chapter are so great as to require the licensure of such establishments prior to their being permitted to operate. A thorough but prompt investigation and review of a license application will facilitate this public purpose. Suspension or revocation of adult entertainment licenses at which repeated specified criminal acts, as defined in section 10-19, are allowed to occur upon adequate proof at administrative proceedings of the occurrence of such acts, will serve to protect the community from such danger by deterring or ending the use of the establishment for future specified criminal acts. Access to prompt judicial review by the circuit court of administrative suspension and revocation proceedings will protect the rights of the licensee.

p.

Requiring licensees of establishments at which the activities described in subsections (15)a, b and c of this section occur to keep a list of information concerning current workers and certain past workers will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects, and by preventing minors from working in such establishments.

q.

Prohibiting establishments at which the activities described in subsections (15)a, b and c of this section occur from operating within set distances of educational institutions, religious institutions, areas zoned 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.

r.

Straddle dancing and lewd and lascivious touching between customers and workers or performers does not contain any element of communication, and is therefore conduct rather than expression.

s.

Straddle dancing, prostitution, sexual activity and lewd and lascivious touching between customers and workers or performers in adult entertainment establishments poses a threat to the health of the participants and promotes or actually causes the spread of communicable and sexually transmitted diseases.

t.

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

u.

Sexually oriented businesses involve activities that are pure conduct engaged in and for the purpose of making a profit, rather than speech or expressive activity, and therefore are subject to and require increased regulation to protect the health, welfare and safety of the community.

v.

Requiring sexually oriented businesses to post a listing of services provided and restrict services to those listed as well as to maintain worker records will discourage incidents of criminal behavior such as lewdness and prostitution, thereby further safeguarding the health of both workers and customers and assisting in the facilitation of the identification of potential witnesses or suspects if criminal acts occur.

w.

Close personal or physical contact between customers and performers at adult entertainment establishments who are displaying or exposing specified anatomical areas, facilities and encourages the exchange of money for prostitution, lewd touching, and other illegal activity which poses a danger to the community and the participants.

x.

Requiring performers at adult entertainment establishments, who are displaying or exposing specified anatomical areas, to remain on stage and at least three feet away from customers who are in the establishment will serve to protect the public by discouraging and making more difficult direct physical contact which results in incidents of criminal behavior, such as prostitution, and unlawful lewd or lascivious touching between performers and customers.

y.

Operators or workers of adult entertainment establishments who have the authority to direct or control other workers at, or the operation of, an adult entertainment establishment, should be subject to penalties for allowing violations of this chapter to occur in order to deter and discourage such operators from allowing or encouraging violations of this article to occur for the purpose of increasing profits at the establishment to the detriment of the community and contrary to the purposes of this chapter.

z.

When reviewing applications for adult entertainment licenses, the zoning administrator's consideration of all information received in a timely manner from any of the investigating or reviewing departments will best protect the public and facilitate proper licensing consistent with the purposes of this article.

aa.

The purpose of the suspension and revocation proceedings will be undermined if such suspensions or revocations are avoided by licensees being allowed to incorporate under new names or by attempts to transfer licenses or by change in control of land or establishments during a pending suspension or revocation proceeding.

(Ord. No. 2002-30, § 6, 6-4-2002)