Chapter 5.40 Sexually Oriented Businesses
Section 5.40.010 Purpose and Findings.
A. That the purpose of this Chapter is
to establish reasonable and uniform regulations to
minimize and control the negative secondary effects of sexually oriented business within the City
in order to promote the health, safety, and welfare of the citizens of the City. The provisions
this Chapter have neither the purpose nor the effect of imposing a limitation or restriction on the
content of any communicative materials or communications, including sexually oriented
entertainment. Similarly, it is not the purpose of effects of this Chapter to restrict or deny
by adults to sexually oriented entertainment protected by the First Amendment, or to deny access
by distributors and exhibitors of sexually oriented entertainment to their intended market.
Furthermore, it is not the intent of effects of this Chapter to condone or legitimize the
distribution or exhibition of entertainment that is obscene.
B. Based on evidence concerning the adverse
secondary effects of sexually oriented
businesses on the community presented to the City Council; on findings incorporated in the cases
City of Renton v. Playtime theaters, Inc., 475 U.S. 41 (1986); Young v. American Mini
Theaters, 426 U.S. 50 (1976); California v. LaRue, 409 U.S. 109 (1972); OConnor
v. City and
County of Denver, 894 F.2d 1210 (10th Cir. 1990); Z.J. Gifts D-2, L.L.C. v. City of Aurora,
F.3d 683 (10th Cir. 1998); Dodgers Bar & Grill, Inc. v. Johnson County, 98 F.3d 1262
Cir. 1996); Connection Distrib. Co. v. Reno, 154 F.3d 281 (6th Cir. 1998); Sundance Assocs.
Reno, 139 F.3d 804 (10th Cir. 1998); American Library Association v. Reno, 33 F.3d 78 (D.C.
Cir. 1994); Dodgers Bar & Grill, Inc. v. Johnson County, 32 F.3d 1436 (10th Cir. 1994);
American Target Advertising, Inc. v. Giani, 199 F.3d 1241;
MS News Co. v. Casado, 721 F.2d 1281 (10th Cir. 1983); Cortese v. Black, No. 95-1429,
U.S. App. LEXIS 15311 (10th Cir., June 25, 1996); Salt Lake City v. Wood,1999 Utah App. 323,
991 P.2d 595 (Utah Ct. App. 1999); United States v. Freedberg, 724 F.Supp. 851 (D. Utah
1989); and on studies and findings in other cities and counties contained in the record before the
County Planning Commission, the City Council finds as follows:
1. Sexually oriented
businesses lend themselves to ancillary unlawful and unhealthy
2. Sexual acts,
including masturbation and oral and anal sex, occur at sexually oriented
businesses, especially those which provide private or semi-private booths or rooms for viewing
films, videos, or live sexually oriented entertainment. Such activities may result in spreading
communicable diseases, such as syphilis, gonorrhea, and human immunodeficiency virus (HIV).
3. Offering sexually
oriented entertainment under conditions that encourage such
activities creates unhealthy conditions.
4. Sanitary conditions
in some sexually oriented businesses are unhealthy, in part because
of the failure of owners and operators to regulate those activities and maintain their facilities.
5. Numerous studies
and reports have determined that semen is found in the areas of
sexually oriented businesses where persons view sexually oriented films.
6. The findings
noted in paragraphs number (a) through (e) raise substantial governmental
7. Sexually oriented
businesses have operational characteristics which should be
reasonably regulated in order to protect those substantial governmental concerns.
8. A reasonable
licensing procedure is an appropriate mechanism to place the burden of
that reasonable regulation on the owners and operators of sexually oriented businesses. Further,
such a licensing procedure will place a heretofore nonexistent incentive on operators to see that
sexually oriented businesses are run in a manner consistent with the health, safety and welfare of
patrons and employees, as well as the citizens of the County. It is appropriate to require
reasonable assurances that the licensee is the actual operator of the sexually oriented business,
and fully in possession and control of the premises and activities occurring therein.
9. The regulation
of nudity in sexually oriented businesses will further the substantial
governmental interests in preventing prostitution and other sex-related crimes, including illegal
sex acts, and protecting the public health, safety, and welfare.
10. Removal of
doors on viewing booths in sexually oriented businesses and requiring
sufficient lighting on premises with viewing booths will advance the substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring in adult arcades and
theaters and will facilitate enforcement of the provisions of this Chapter and other federal, state
and local laws, thereby furthering the substantial governmental interest in protecting the public
health, safety, and welfare.
sufficient lighting in all sexually oriented businesses will advance the
substantial governmental interest in curbing illegal sexual activity on the premises of sexually
oriented businesses, and will facilitate enforcement of the provisions of this Chapter and other
federal, state and local laws, thereby furthering the substantial governmental interest in
protecting the public health, safety, and welfare.
12. The disclosure
of certain information by those persons ultimately responsible for the
day-to-day operation and maintenance of sexually oriented businesses, and by employees of such
businesses, will facilitate the enforcement of the provision of this Chapter and other federal, state
and local laws, and will thereby further the substantial government interest in protecting the
public health, safety, and welfare.
13. A person
who recently has been convicted of a sexually related crime is not an
appropriate individual to operate or be employed in a sexually oriented business.
14. Barring such
individuals from the management of and employment in sexually
oriented businesses for a period of years serves as a deterrent to and prevents the commission of
sexually related criminal acts, including conduct which leads to the transmission of sexually
(Ord. 2001-19, Add, 06/05/2002)