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WHEREAS, the City Council finds that the incidence of unlawful sexual activities in Sexually <br />Odented Businesses may be diminished by appropriate regulation of attire, operating conditions, <br />hours of operation, and interior configuration; and <br /> <br /> WHEREA~, licensing is a legitimate and reasonable means of accountability to ensure that <br />operators of Sexually Oriented Businesses and adult motels comply with reasonable regulations and <br />do not knowingly allow their establishments to be used as places of illegal sexual activity or <br />solicitation; and <br /> <br /> WHEREAS, the City Council finds that restrictions on hours of operation will further prevent <br />the adverse secondary effects of Sexually Oriented Businesses; and <br /> <br /> WHEREAS, it is not the intent of this Ordinance to suppress any speech activities protected <br />by the First Amendment, but to enact a content-neutral Ordinance which addresses the secondary <br />effects of Sexually Oriented Businesses; and <br /> <br /> WHEREAS, it is not the intent of this Ordinance or of the City Coundl to condone or <br />legitimize the distribution of obscene material. <br /> <br />NOW THEREFORE BE ZT ORDAINED BY THE CZTY OF LAKEWOOD, STATE OF OHIO: <br /> <br />Section 1. Chapter 777 is hereby added to the Codified Ordinances of the City of Lakewood, <br />Ohio, to read as follows: <br /> <br />Chapter 777 <br />Licensing and Operation of Sexually Oriented Businesses <br /> <br />777.01 PURPOSE AND FZNDTNGS. <br /> <br />(a) <br /> <br />Puroose. That the purpose of this Ordinance is to establish reasonable and uniform <br />regulations to minimize and control the negative secondary effects of Sexually Oriented <br />Businesses within the City in order to promote the health, safety, and Welfare of the citizens <br />of the City~ The provisions of this Ordinance have neither the purpose nor the effect of <br />imposing a limitation or restriction on the content of any communicative materials or <br />communication, including sexually oriented entertainment. Similarly, it is not the purpose of <br />effect of this Ordinance to restrict or deny access by adults to sexually oriented <br />entertainment Protected by the Rrst Amendment, or to deny access by distributors and <br />exhibitors of sexually oriented entertainment to their intended market. Furthermore, it is <br />not the intent of effect of this Ordinance to condone or legitimize the distribution or <br />exhibition of entertainment that is obscene. <br /> <br />Findings. Based on evidence concerning the adverse secondary effects of Sexually Oriented <br />Businesses on the community presented in hearings before the council; on findings <br />incorporated in the cases of the C/b/of Renton v. P/ayb'me Tt~eater~, Znc., 475 U.S. 41 <br />(::[986), Young v. Arner/ca~ tv//~/Theater~, 426 U.S. 50 (1976); and on studies in other cities <br />including New York, New York; Islip, New York; Los Angeles, California; Indianapolis, <br />Indiana; Whittier, California; Austin, Texas; and Phoenix, Arizona; along with Manatee <br />County, Florida; New Hanover County, North Carolina; and the State of Minnesota; this <br />Council finds: <br /> <br />(1) Sexually Oriented Businesses lend themselves to ancillary unlawful and unhealthy <br /> activities. <br /> <br />(2) <br /> <br />Sexual acts, including masturbation and oral and anal sex, occur at Sexually Oriented <br />Businesses, especially those which provide private or semi-private booths or rooms <br />for viewing films, Videos, or live sexually-oriented entertainment. Such activities may <br />result in spreading communicable diseases such. as syphilis, gonorrhea, and human <br />immun odeficiency virus (HIV). <br /> <br />Page 2 of 24 <br /> <br /> <br />