99-934 SOB & Adult Entertainment

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governmental entity (e.g. acivic center, auditorium) when partofa bona fide artistic display or production; and WHEREAS, the City Commission finds and determines that this Ordinance is consistent with the goals, policies and objectives of the City's Comprehensive Plan; and WHEREAS, the City Commission of the City of Casselberry hereby finds and deems that this Ordinance is in the best interests of the public health, safety, welfare, and morals ofthe citizens ofthe City of Casselberry. NOW, THEREFORE, BE IT ENACTED by the City Commission of the City of Casselberry, Florida as follows: SECTION I. AMENDMENT TO CODE. The Code of Ordinances of the City of Casselberry is hereby amended by adding new sections which sections shall read as follows: Section 14-66. Shorttitle. This Ordinance shall be known and may be cited as the "City of Casselberry Sexually Oriented Business and Adult Entertainment Establishment Ordinance." Section 14-67. Purpose, findings and intent/incorporation of whereas clauses. (a) Purpose. It is the purpose of this Article to regulate sexually oriented businesses and adult entertainment establishments in order to promote and protectthe public health, safety, good order, morals and general welfare of the citizens of the City, to establish reasonable and uniform regulations of adult entertainment establishments and sexually oriented businesses within the City. Theprovisions of this Article have neither the purpose nor effectofimposing an unreasonable limitation or unreasonable restriction on the content of any lawful communicative materials including sexually oriented materials. Similarly, it is not the intent nor effect ofthis Article to unreasonably restrict or deny access by adults to sexually oriented materials protected by the First Amendmentor to deny access by the distributors and exhibitors of sexually oriented entertainment protected by the First Amendmentto their intended market. Neither is it the intent nor effect of this Article to condone or legitimize the distribution of obscene or otherwise illegal material. (b) 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 Commission, and on findings incorporated in the cases of City ojRenton v. Playtime Theaters, Inc., 475 U.S. 41 (1986); Youngv. AmericanMini Theaters, 426 U.S. 50 (1976); Barnesv. Glen Theater, Inc., 501 U.S. 560 (1991), on materials made of record relating to the St. Johns County Public Nudity Ordinance, and on the substance of and findings made or incorporated in studies accomplished in other communities and ordinances enacted in other communities, including, but not limited to, New York, New York; City of Houston Ordinance Number97-75; Senate Bill Number 232, as passed by the Kansas State Legislature; Phoenix, Arizona; Tucson, Arizona; St. Paul, Minnesota; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Ordinance #99-934, Page 4 of 54 April,1999