§ 10-31. Findings, public purposes.

(a)

Findings. The mayor and council have reviewed the experiences of other counties and municipalities regarding the undesirable secondary effects of sexually explicit businesses and businesses allowing nudity, especially where alcohol is permitted. These effects include increased crime and neighborhood blight. The mayor and council reasonably believe those experiences are relevant to the problems faced by the city. The mayor and council note the well-known and self-evident adverse conditions and occurrences generally associated with adult entertainment establishments and the commercial exploitation of human sexuality. Relying on said evidence, it is the finding of the mayor and council that adult entertainment establishments result in an increase in criminal behavior and create undesirable community conditions. However, the mayor and council also recognize that lawful adult entertainment implicates First Amendment protection, and they have no desire to censor or control the content of protected speech. The mayor and council have neither any animosity toward nude entertainment nor any desire to chill protected expression.

(1)

The mayor and council and police chief have carefully reviewed relevant portions of voluminous documentation provided by the Georgia Municipal Association legal counsel, including, without limitation, information from the December, 1994, St. Cloud Adult Use Regulation Report; a detailed 18-page report from Dr. Richard McCleary in the 2005 case involving Starship Enterprise of Atlanta, Inc, versus Fulton County and others; a 26-page report from Dr. Richard McCleary in a 2005 case in Texas, involving Reliable Consultants, Inc., versus City of Kennedale, Texas; relevant portions of a very lengthy 2003 report from Dr. Richard McCleary to the Greensboro, North Carolina, city attorney; a detailed April, 1997, report from appraiser Peter Malin to the City of Dallas city attorney; and certain documentation from a 2002 criminal case involving the State of Tennessee and various individuals regarding an adult entertainment business in Chattanooga, Tennessee. All this documentation reviewed by the police chief and the mayor and council is being attached to the minutes of the meeting approving this ordinance and is officially made a part of the record. The mayor and council also recognize that case law has made findings in these issues; additionally the mayor and council rely on their own wisdom and common sense. The mayor and council reasonably rely on the evidentiary foundation set forth in City of Erie v. Pap's A.M., 529 U.S. 277, 120 S.Ct. 1382, 146 L.Ed.2d 265, (2000) and in Renton v. Playtime Theatres, Inc., 106 S.Ct. 925 to the effect that secondary effects are caused by the presence of even one adult entertainment establishment in a given neighborhood.

(2)

An increase in instances of disorderly conduct, public drunkenness, public indecency, public solicitation, violent crime, prostitution, exploitation of young women, drug use, drug trafficking, and loitering of individuals with criminal histories has been the experience of other counties and municipalities that permit adult entertainment establishments, particularly where there are two or more such businesses in close proximity, and particularly with such businesses that serve alcohol. The mayor and council have a substantial interest in guarding against these undesirable secondary effects; in protecting the public health, safety, and welfare; and in preserving and protecting the quality of life in the city. The mayor and council also wish to guard against public indecency, which is a crime per O.C.G.A. § 16-6-8, and to guard against certain sexual contact provided for money, which is a crime per O.C.G.A. § 16-6-16.

(3)

The council also finds that the increase in criminal behavior which accompanies adult entertainment establishments causes undesirable community conditions, particularly where there are two or more such businesses in close proximity, and particularly with such businesses that serve alcohol. Conditions experienced in other counties and municipalities are depression of property values in neighborhoods surrounding the adult entertainment establishment, neighborhood blight, an increased burden on and expenditure for law enforcement, and an increase in the criminal case load in the judicial system due to a greater number of arrests because of the above-mentioned crime problems. The mayor and council note a substantial governmental interest in regulating this and any atmosphere conducive to violence, sexual harassment, public intoxication, prostitution, spread of sexually transmitted diseases, and other negative effects. The mayor and council wish to protect against neighborhood blight and downgrade of surrounding neighborhoods due to the problems and undesirable behavior associated with adult entertainment establishments.

(4)

The mayor and council find that the above-stated undesirable secondary effects will result in the city unless these regulations are imposed to limit such adverse affects. These regulations are meant to minimize the adverse effects in order to preserve quality of life; to protect the public health, safety, welfare, and morals; and to maintain the integrity of this community, especially in residential areas and areas which have a church, school, daycare center, governmental building, library, civic center, public park, or playground. These regulations are meant to promote these legitimate public and governmental interests in a way that will not infringe upon the constitutional right of freedom of expression. The mayor and council are not trying to preclude adult entertainment, but just attempting to regulate adult entertainment establishments to protect the public from the negative secondary effects. The mayor and council have narrowly tailored these regulations to combat the negative secondary effects and protect the public health, safety, and welfare and to allow reasonable avenues of protected First Amendment communication. The mayor and council have found no less restrictive alternative to these regulations that would adequately protect the public health, safety, and welfare. The restrictions posed by these regulations are no greater than is essential to the furtherance of the government interest stated above.

(b)

Purposes. The purpose of this section is to replace the previous adult entertainment regulations so as to regulate adult entertainment establishments to prevent increases in criminal activity and undesirable community conditions. The city notes that since the initial ordinance was passed, the law governing such regulations has evolved to the point that it is now necessary for the mayor and council to update its regulations to ensure that they comport in all respects to the law. Adult entertainment establishments are erotic dance establishments and the businesses defined at section 10-36 below.

(Amd. of 2-26-2007, § 1(Exh. A))