RES 1330 05/15/2006 RESOLUTION NO. 1330
ESTABLISHING THE LEGISLATIVE FINDINGS OF THE CITY
COUNCIL OF THE CITY OF CIBOLO REGARDING ADVERSE
SECONDARY EFFECTS OF SEXUALLY ORIENTED BUSINESSES
ON THE COMMUNITY BASED ON THE PRESENTATION AND
REVIEW OF REPORTS AND STUDIES DEMONSTRATING THE
NEGATIVE EFFECTS OF THESE BUSINESSES AND THE CASE
LAW THAT CONFIRMS THE AUTHORITY OF A CITY COUNCIL
TO ADOPT REGULATIONS FOR SEXUALLY ORIENTED
BUSINESSES IN THEIR COMMUNITY
WHEREAS, the City Council has determined that a need exists to regulate
sexually oriented businesses inside the City limits; and
WHEREAS, the City Council believes it should determine the adverse secondary
effects of having sexually oriented businesses within its community; and
WHEREAS, the City Council has determined that this Resolution is necessary to
establish its legislative findings and its understanding of the adverse effects of
sexually oriented businesses on its community and its citizens; and
WHEREAS, the City Council, by adopting these findings based on current case
law and studies performed by other communities, seeks to minimize and control
the adverse secondary effects to our citizens and community and to deter the
spread of urban and suburban blight; and
WHEREAS, the City Council, based on the reports and studies from other cities,
including several Texas communities and reports from communities similar in
size and demographics as Cibolo, makes these legislative findings of the adverse
secondary effects of sexually oriented businesses.
NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CIBOLO.
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 Council, and on findings incorporated in the cases of City of Renton v.
Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres,
426 U.S .50 (1976), FW/PBS, Inc. v. City of Dallas, 493 US. 215 (1990); Barnes v.
Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M., 120 S. Ct.
1382 (2000), City of Littleton, Colorado v. Z. J. Gifts D-4, L. L. C., 124 S.Ct. 2219
(2004), City of Los Angeles v. Alameda Books, Inc., et al., 535 U.S. 425 (2002),
Simon, Secretary of the Treasury, et al. v. Eastern Kentucky Welfare Rights
Organization et al., 426 U.S. 50 (1976), California et al. v. LaRue et al., 409
U.S. 109 (1972), O Centro Espirita Beneficiente Uniac Do Vegetal, et al. v. John
Ashcroft, et al., 342 F.3d 1182 (2003), Z.J. Gifts D-4, L.L.C. v. City of Littleton,
Colorado, 311 F.3d 1220 (2002), Essence, Inc., et al. v. The City of Federal
Heights, Colorado, 285 F.3d 1272 (2002), Dennis O'Connor, et al. v. The City
and County of Denver, Colorado, 894 F.2d 1210 (1990), Z.J. Gifts D-2, L.L.C. v.
City of Aurora, Coloradc, 136 F.3d 683 (1998), Dodger's Bar & Grill, Inc., et al. v.
Johnson County Board of County Commissioners, Kansas, et al., 98 F.3d 1262
(1996), Connection Distributing Co. v. The Honorable Janet Reno, 154 F.3d 281
(1998), Sundance Associates, Inc. v. Janet Reno, 139 F.3d 804 (1998), ILQ
Investments, Inc. v. City of Rochester, Minnesota, 25 F.3d 1413 (1994), World
Wide Video of Washington, Inc., v. City of Spokane, Washington, 368 F.3d 1186
(2004), Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County,
Maryland, 256 F. Supp. 2d 385 (2003), Dodger's Bar & Grill, Inc., et al. v.
Johnson County Board of County Commissioners, Kansas, 32 F.3d 1436 (1994),
American Target Advertising, Inc., v. Francine A. Giani, 199 F.3d 1241 (2000), M.
S. News Company v. Antonio Casado, 721 F.2d 1281 (1983), and on studies in
other communities including, but not limited to: Austin, Texas; Indianapolis,
Indiana; Garden Grove, California; Houston, Texas; Phoenix, Arizona; Warren,
Michigan; Chattanooga, Tennessee; Los Angeles, California; Whittier, California;
Spokane, Washington; St. Cloud, Minnesota; Littleton, Colorado; Oklahoma City,
Oklahoma; Dallas, Texas; Greensboro, North Carolina; Amarillo, Texas;
Kennedale, Texas; Times Square, New York; and Minnesota State; the findings
from the Report of the Attorney General's Working Group On The Regulation of
Sexually Oriented Businesses (June 6, 1989, State of Minnesota); and
specifically including and referencing the study and expert report prepared for the
City of Kennedale, Texas (pop. 6,500) in 2005, and the 5 h Circuit decision in
LLEH, Inc. v. Wichita County, Texas, 289 F.3d 358, cert denied 537 U.S. 1045,
123 S.Ct. 621 (U.S. 2002), the Council finds:
(1) Sexually oriented businesses lend themselves to ancillary unlawful and
unhealthy activities that are presently uncontrolled by the operators of the
establishments. Further, there is presently no mechanism to make the
owners of these establishments responsible for the activities that occur on
their premises.
(2) Employees of certain sexually oriented businesses, defined in the
Ordinance as adult theaters and adult cabarets, engage in higher
incidences of certain types of illicit sexual behavior than employees of
other establishments.
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(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.
(4) Offering and providing such space encourages such activities, which
creates unhealthy conditions.
(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.
(6) At least 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.
(7) According to the Center for Disease Control, National Center for HIV,
STD and TB Prevention, as of December 2004, there have been 918,286
reported cases of AIDS (acquired immunodeficiency syndrome) caused by
the human immunodeficiency virus (HIV) in the United States
(cumulative).
(8) As of December 2004, there have been 64,479 reported cases of AIDS
in the State of Texas (cumulative).
(9) The number of cases of early (less than one year) syphilis in the
United States reported annually has risen, with 32,978 cases reported in
2000 and 34,583 through December 2004; 4,205 of which were reported
in Texas.
(10) The number of cases of gonorrhea in the United States reported
annually remains at a high level, with 330,132 cases being reported in
2004; 24,371 of which were reported in Texas.
(11) In his report of October 2.2, 1986, the Surgeon General of the United
States advised the American public that AIDS and HIV infection may be
transmitted through sexual contact, intravenous drug abuse, exposure to
infected blood and blood components, and from an infected mother to her
newborn.
(12) According to the best scientific evidence, AIDS and HIV infection, as
well as syphilis and gonorrhea, are principally transmitted by sexual acts.
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IA�II
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(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.
(14) Numerous studies and reports have determined that semen is found
in the areas of sexually oriented businesses where persons view "adult"
oriented films.
(15) The expert report prepared for the City of Kennedale, Texas (pop.
6,500) regarding adverse secondary effects of sexually oriented
businesses includes the conclusion that most sexually oriented business
patrons are from out of the county, are unfamiliar with the area, and carry
and pay in cash which makes them targets of theft, assault and robbery;
that if a sexually oriented business is located close to a residential area
the residents suffer from increased criminal activity; that the location of
sexually oriented businesses close to alcohol establishments and other
sexually oriented businesses makes the patrons of these establishments
more susceptible to being victims of crime; that sexually oriented
businesses are often not well lighted so that cars are vandalized and
patrons assaulted; and that requiring these businesses to be closed for
certain hours earth night will assist the police since these times are when
the City has the least amount of law enforcement coverage.
(16) In LLEH, Inc. v. Wichita County, Texas, 289 F.3d 358, cert denied
537 U.S. 1045, 123 S.Ct. 621 (U.S. 2002), the court held that a rural
community (in this case, a county) could rely on an adverse secondary
effects report of an urban community because the rural area desires to
prevent the blight and negative effects of the presence of sexually oriented
businesses in their rural community as seen in the reports and studies of
the urban communities.
(17) The findings noted in Subsections (1) through (16) raise substantial
governmental concerns.
(18) Sexually oriented businesses have operational characteristics which
should be reasonably regulated in order to protect those substantial
governmental concerns.
(19) 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 an 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
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City. 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.
(20) Removal of doors on adult booths and requiring sufficient lighting on
premises with adult booths advances a substantial governmental interest
in curbing the illegal and unsanitary sexual activity occurring in adult
theaters.
(21) Requiring licensees of sexually oriented businesses to keep
information regarding current employees 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.
(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.
(23) In the prevention of the spread of communicable diseases, it is
desirable to obtain a limited amount of information regarding certain
employees who may engage in the conduct which the sexually oriented
business regulations ordinance is designed to prevent, or who are likely to
be witnesses to such conduct.
(24) The fact that an applicant for an adult use license has been convicted
of a sexually related crime leads to the rational assumption that the
applicant may engage in that conduct in contravention of the sexually
oriented business regulations ordinance.
(25) The barring of such individuals from the management of adult uses
for a period of years 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 the
City will be promoted by the enactment of the proposed sexually oriented
business regulations ordinance.
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PASSED AND APPROVED THIS, the 15 DAY OF M4 2006.
et Z�4:5�
J ny Sutt ayor
y of Cibo
ATTEST:
97
Peggy Cimics, City Secretary
City of Cibolo
APPROVED AS TO FORM:
Susa Roch , City Attorney
City of Cibolo
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