§ 18-235. Findings of facts.

Based on the evidence presented at the public hearing before the city council on May 13, 1997, the city council hereby finds that:

(a)

Commercial establishments exist or may exist within the city and other nearby cities or counties in East Central Florida where adult materials 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 East Central Florida where for commercial gain, dancers, entertainers, performers or other individuals perform or are presented while displaying or exposing specified anatomical areas, or engage in straddle dancing or touching with customers.

(c)

Establishments exist or may exist within the city and other nearby cities or counties in East 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 these "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 establishments in which the activities described in subsections (a)—(c) occur, operate to make a profit, and are therefore subject to regulation by the city in the interest of the health, safety and general welfare of the people of the city. These interests include the preservation of the local economy and of property values and the preservation of the city as a family-oriented community.

(e)

When the activities described in subsections (a)—(c) are present in such establishments other activities which are illegal, unsafe 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 and possession of controlled substances and violent crimes against persons and property.

(f)

When the activities described in subsections (a)—(c) are competitively exploited in such establishments they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values and promote the particular crimes described in subsection (e), ultimately leading residents and businesses to move to other locations.

(g)

The establishments in which the activities described in subsections (a)—(c) occur, are usually constructed in whole or in part of substandard materials and maintained in a manner reflecting disregard for the health and safety of the occupants. Further, the exterior signs and appearance of such establishments often lower the surrounding property values and otherwise contribute to urban decline.

(h)

The activities described in subsections (a)—(c) frequently occur in such establishments concurrent with the sale and/or consumption of alcoholic beverages.

(i)

The concurrence of the sale and consumption of alcoholic beverages with the activities described in subsections (a)—(c) leads to further increases in criminal activity, unsafe activity and disturbances of the peace and order of the surrounding community.

(j)

The concurrence of the sale and consumption of alcoholic beverages with the activities described in subsections (a)—(c) creates additional hazards to the health and safety of persons in attendance and further depreciates the value of adjoining property, thereby harming the economic welfare of the surrounding community and adversely affecting the quality of life, tone of commerce and community environment.

(k)

Workers of establishments at which the activities described in subsections (a)—(c) occur, engage in a higher incidence of certain types of unhealthy or criminal behavior than workers at other establishments. Such unhealthy or criminal behaviors include prostitution and lewdness in violation of F.S. 796.

(l)

Physical contact or touching within establishments at which the activities described in subsections (a)—(c) 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.

(m)

Physical contact or touching between workers of those establishments described in subsection (c) and customers poses a threat to the health of both, and promotes the spread of communicable and sexually-transmissible diseases.

(n)

The practice of not paying workers of those establishments described in subsection (c) 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.

(o)

The commercial activities of those establishments described in subsection (c) are pure conduct engaged in for the purpose of making a profit, rather than speech or expressive activity; therefore the city may prohibit such businesses in order to protect the health, welfare and safety of the community.

(p)

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 beverage at establishments where the activities described in subsections (a) and (b) occur.

(q)

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, employees, entertainers, performers, and other workers, and customers, at establishments where the activities described in subsections (a) and (b) occur.

(r)

The potential dangers to the health, safety and general welfare of the people of the city posed by permitting establishments at which the activities described in subsections (a) and (b) occur to operate without meeting the requirements for obtaining a business tax receipt under this article are so great as to require the taxing of such establishments prior to their being permitted to operate.

(s)

Requiring establishments at which the activities described in subsections (a) and (b) occur to keep a list of information concerning current 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 preventing minors from working in such establishments.

(t)

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

(Ord. No. 1997-25, § 5, 6-3-97; Ord. No. 2007-13, § 25, 3-20-07)