Amend Chapter 4, Article 4, Section 18.5 Regarding Adult Business

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Ordinance No. `, >2 ~® AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE REGARDING ADULT BUSINESSES Statement of Purpose and Intent The Indiana Home Rule Statute authorizes municipalities to adopt ordinances to protect the health, welfare and safety of its residents and to preserve the peace, order and safety of its community; and Sexually oriented businesses within the corporate limits of the City of South Bend require special supervision from local public safety and health agencies in order to protect and preserve the health, safety and welfare of the patrons of such businesses as well as citizens of South Bend; and The City Council has conducted an extensive review of land use studies concerning the secondary effects of sexually oriented businesses in other cities including, but not limited to, Garden Grove, California (1991); Phoenix, Arizona (1986); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); City of Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City (1986); Beaumont, Texas (1982); and Whittier, California (1978); and From review of other cities' studies and their own surveys and testimony from its citizens there is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both existing businesses around them and the surrounding residential areas adjacent to them, causing among other adverse secondary effects, increased crime and downgrading of property values; and It is recognized that sexually oriented businesses, due to their very nature, have serious objectionable operational characteristics, particularly when they are operating in close proximity to each other, thereby contributing to crime, lower property values, urban blight and downgrading of the quality of life in the adjacent area; and The City Council finds that sexually oriented businesses are frequently used for unlawful sexual activities including prostitution and sexual liaisons of a casual nature; and Increased crime and unhealthful conduct tend to accompany, concentrate around and be aggravated by sexually oriented businesses including but not limited to prostitution, pandering, exposing minors to harmful materials, possession and distribution of obscene materials and child pornography, possession and sale of controlled substances and violent crimes against persons and property; and Concern over sexually transmitted diseases, including AIDS, is a legitimate health concern of the City which demands reasonable regulations of sexually oriented businesses in order to protect the health and well being of the citizens; and The City Council and staff recognize that preventing prostitution and the spread of sexually transmitted diseases are clearly within its police powers. Southeastern Promotions, Inc. v. Conrad, 341 F. Supp. 465, 477 (E.D. Tenn. 1972), rev ii on other grounds, 420 U.S. 546 (1975). The City Council and staff believe that prohibiting physical contact between performers and patrons at a sexually oriented business establishment, prohibiting pertormers from soliciting payment of gratuities from patrons, and the direct payment of gratuities to performers by patrons are a reasonable and effective means of addressing