§ 9-251. General provisions.

(a)

Statement of intent. It is the intent of this article [Ordinance No. 92-29] to regulate sexually oriented businesses within Winter Haven to promote the health, safety, morals and general welfare of the citizens of Winter Haven. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment in their intended market.

(b)

Findings of fact. Based on evidence and testimony presented at public hearings before the City Commissioners of Winter Haven, Florida, and on the findings incorporated in the Seattle Department of Construction and Land Use Report on Adult Cabarets (March, 1989), the Austin City Council Report on Adult Oriented Businesses in Austin (May, 1986), the Oklahoma City Community Development Department survey of real estate appraisers regarding Adult Entertainment Businesses (March, 1986), the Legislative Report of the Houston Committee on the Proposed Regulation of Sexually Oriented Businesses (November, 1983), the Beaumont, Texas Planning Department's Report on the Regulation of Adult Uses (September, 1982), the Phoenix Planning Department's Adult Business Study (May, 1979), the Amarillo, Texas Planning Department's Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo (September, 1977), and "A Summary of a National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on Property Values," conducted by the Division of Planning, Department of Metropolitan Development, Indianapolis, January 1984, the commission hereby finds:

(1)

Establishments exist or may exist within Winter Haven, Florida, where books, magazines, motion pictures, prints, photographs, periodicals, records, novelties and/or devices which depict, illustrate, describe or relate to specified sexual activities are possessed, displayed, exhibited, distributed and/or sold;

(2)

Establishments exist or may exist within Winter Haven, Florida:

a.

Where the superficial tissues of one person are manipulated, rubbed, stroked, kneaded, and/or tapped by a second person, accompanied by the display or exposure of specified anatomical areas;

b.

Where dancers, entertainers, performers, or other individuals, who, for any form of commercial gain, perform or are presented while displaying or exposing any specified anatomical area; or

c.

Where straddle dancing occurs.

(3)

The activities described in subsections (1) and (2) occur at establishments for the purpose of making a profit, and, as such, are subject to regulation by Winter Haven, Florida in the interest of the health, safety, morals and general welfare of the people of Winter Haven.

(4)

When the activities described in subsections (1) and (2) are present in establishments within Winter Haven, Florida, other activities which are illegal, immoral, or unhealthful 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 or possession of controlled substances, and violent crimes against persons and property.

(5)

When the activities described in subsections (1) and (2) are present in establishments within Winter Haven, Florida, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, promote crime, particularly the kinds detailed in subsection (4), and ultimately lead residents and businesses to move to other locations.

(6)

Physical contact within establishments at which the activities described in subsections (1) and (2) occur between employees exhibiting specified anatomical areas and customers poses a threat to the health of both and promotes the spread of communicable and social diseases.

(7)

In order to preserve and safeguard the health, safety, morals, and general welfare of the people of Winter Haven, Florida, it is necessary and advisable for Winter Haven, Florida, to regulate the location of establishments where the activities described in subsections (1) and (2) occur.

(8)

In order to preserve and safeguard the health, safety, morals, and general welfare of the people of Winter Haven, Florida, it is necessary and advisable for Winter Haven, Florida, to regulate the conduct of owners, managers, operators, agents, employees, entertainers, performers, and customers at establishments where the activities described in subsections (1) and (2) occur.

(9)

The potential dangers to the health, safety, morals, and general welfare of the people of Winter Haven, Florida posed by permitting an establishment at which the activities described in subsections (1) and (2) occur to operate without first obtaining a permit under this article are so great as to require the permitting of such establishments prior to their being permitted to operate.

(10)

"Straddle dancing" does not contain any element of communication, and is therefore conduct rather than expression.

(11)

"Straddle dancing" in establishments poses a threat to the health of the participants and promotes the spread of communicable and social diseases.

(Ord. No. 92-29, § I, 11-9-92)