§ 3-5. Findings of facts.

Based on evidence and testimony presented at public hearings before the board of county commissioners on various dates, including public hearings held on November 8, 1977, February 8, 1979, February 13, 1979, March 27, 1979, September 13, 1979, November 13, 1979, October 13, 1980, October 27, 1980, April 12, 1981, July 22, 1982, March 1, 1983, April 11, 1983, July 11, 1983, December 5, 1983, May 14, 1984, April 29, 1985, June 3, 1985, February 9, 1987, November 9, 1987, April 9, 1990, March 24, 1992, April 7, 1992, June 2, 1992, April 6, 1993, April 20, 1993, May 4, 1993, May 18, 1993, December 6, 1994, September 17, 1996, October 29, 1996, December 2, 1997, June 23, 1998, December 14, 1999, March 7, 2000 and September 24, 2002, 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, § 1, the Los Angeles Municipal Code, § 12.70, Ord. 156509 (1982), the Detroit Zoning Ordinance, 66,0000, Ord. 742-G, § 1, 10-27-72, "A Summary of a National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstore on Property Values," conducted by the Division of Planning, Department of Metropolitan Development, Indianapolis, January 1984 and memorandums, letters, photographs, affidavits, and other documents submitted at those public hearings showing the actual negative secondary effects caused by adult entertainment establishments in Orange County and other jurisdictions deemed relevant, and the board's institutional knowledge of actual conditions or activities that exist or have existed in Orange County, the board of county commissioners hereby finds:

(1)

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.

(2)

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

a.

Where the superficial tissues of one (1) person are manipulated, rubbed, stroked, kneaded, and/or tapped by a second person, accompanied by the display or exposure of specified anatomical areas;

b.

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;

c.

Where workers dance or perform with or within three (3) 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

d.

Where straddle dancing or private modeling occurs.

(3)

Establishments exist, have existed, or may exist within the county and surrounding counties where sexually-oriented services are offered for 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.

(4)

The activities described in subsections (1), (2) and (3) 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.

(5)

When the activities described in subsections (1), (2) and (3) are present in establishments within the county, other activities which are illegal, immoral, 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.

(6)

When the activities described in subsections (1), (2) and (3) 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 (4), and ultimately lead residents and businesses to move to other locations.

(7)

The establishments in which the activities described in subsections (1), (2) and (3) 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 which depreciates the value of adjoining real property and otherwise contributes to urban decline.

(8)

The activities described in subsections (1), (2) and (3) frequently occur in establishments concurrent with the sale and consumption of alcoholic beverages.

(9)

The concurrence of the sale and consumption of alcoholic beverages with the activities described in subsections (1), (2) and (3) leads to an increase in criminal activity, moral degradation, and disturbances of the peace and order of the county.

(10)

The concurrence of the sale and consumption of alcoholic beverages with the activities described in subsections (1), (2) and (3) 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.

(11)

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 regulate the sale and consumption of alcoholic beverages at establishments where the activities described in subsections (1), (2) and (3) occur.

(12)

Workers of establishments at which the activities described in subsections (1), (2) and (3) occur 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.

(13)

Physical contact within establishments at which the activities described in subsections (1), (2) and (3) 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.

(14)

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 regulate the conduct of owners, managers, operators, agents, workers, entertainers, performers, and customers at establishments where the activities described in subsections (1), (2) and (3) occur.

(15)

The potential dangers to the health, safety, morals, and general welfare of the people of the county posed by permitting an establishment at which the activities described in subsections (1), (2) and (3) 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 reasonably prompt investigation and review of a license application will facilitate this important public purpose.

(16)

Requiring licensees of establishments at which the activities described in subsections (1), (2) and (3) 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.

(17)

Prohibiting establishments at which the activities described in subsections (1), (2) and (3) 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.

(18)

Straddle dancing, prostitution, sexual activity, 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.

(19)

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

(20)

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 transmissible diseases.

(21)

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.

(22)

Sexually oriented businesses involve activities that are pure conduct engaged in 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.

(23)

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.

(24)

A high incidence of lewd acts by customers and lewd or obscene acts by workers occurs during private performances at adult performance establishments when such performances take place in an area not occupied by a group of customers and the performers and customers are confident that law enforcement authorities will not identify them or observe their illegal activities.

(25)

The practice of customers tipping or paying gratuities to workers with respect to private performances and the solicitation of such gratuities and tips by workers has been demonstrated to increase the incidence of lewd acts by customers and lewd or obscene acts by workers.

(26)

A high incidence of lewd acts and prostitution occurs at motels, hotels, boardinghouses, roominghouses or other places of temporary lodging where rooms with sleeping accommodations are rented or otherwise made available for hourly or other short terms, where the predominant or exclusive business or attraction of the establishment is the offering to customers of a product, service or entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, or where the word "adult" is used to identify or in the name of the establishment.

(27)

Operators of adult entertainment establishments, meaning those 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 or specified criminal acts to occur in order to deter and discourage such operators from allowing or encouraging violations of this chapter or specified criminal acts 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.

(28)

When reviewing an application for an adult entertainment license, the tax collector'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 chapter.

(29)

Suspension or revocation of an adult entertainment license of an establishment at which repeated violations of article V of this chapter and/or specified criminal acts by workers or operators occur, upon adequate proof at administrative proceedings of the occurrence of such violations or acts, will serve to protect the community from such danger by temporarily stopping or permanently terminating the use of the establishment. Ensuring that a licensee may seek prompt judicial review from an adverse suspension or revocation decision by a hearing officer and that an automatic stay of such an adverse decision remains in effect until a final judicial decision will more fully protect the rights of the licensee.

(30)

The purpose of the suspension and revocation requirements and procedures will be substantially undermined if a suspension or revocation can be avoided or circumvented during the pendency of a suspension or revocation proceeding by a licensee incorporating under a new name or transferring the license or control of the establishment to another entity or person.

(Code 1965, § 1A-16; Ord. No. 87-06, § 1, 2-9-87; Ord. No. 87-38, § 1, 11-9-87; Ord. No. 90-05, § 1, 4-9-90; Ord. No. 96-34, § 3, 10-29-96; Ord. No. 97-20, § 2, 12-2-97; Ord. No. 98-15, § 2, 6-23-98; Ord. No. 2002-13, § 2, 9-24-02)