<div class="chunk-title">Sec. 4-84. - Findings.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               Based on evidence concerning the adverse secondary effects of adult uses on the community
               presented in hearings and reports made available to the board, and on findings incorporated
               in the cases of City of Reton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young
               v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501
               U.S. 560 (1991), and on studies in other communities, including, but not limited to,
               Phoenix, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California;
               Indianapolis, Indiana; Minneapolis, Minnesota; Cleveland, Ohio; Oklahoma City, Oklahoma;
               Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington;
               and also on the findings from the Report of the Attorney General's Working Group On
               The Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota),
               the board finds:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Adult business establishments lend themselves to ancillary unlawful and unhealthy
               activities, the control of which presents challenges to the operators of such establishments.
               Further, there is presently no mechanism in this county to make the owners of such
               establishments responsible for the activities that would occur on their premises.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Certain employees of adult business establishments defined in this chapter as adult
               theaters, adult cabarets, adult arcades, adult motels and adult video stores engage
               in higher incidence of certain types of illicit sexual behavior than employees of
               other establishments.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Sexual acts, including masturbation, and oral and anal sex, occur at adult business
               establishments, especially those that provide poorly lit, overly crowded, private
               or semi-private areas, booths, or cubicles for viewing films, videos, or live sex
               shows.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Persons frequent certain adult theatres, adult cabarets, adult arcades, adult motels
               and other adult business establishments for the purpose of engaging in sex within
               the premises of such establishments.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               At least 50 communicable diseases may be spread by activities occurring in adult business
               establishments, including, but not limited to, syphilis, gonorrhea, human immunodeficiency
               virus infection (HIV-AIDS), genital herpes, and hepatitis B.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               The surgeon general of the United States in his report of October 22, 1986, has advised
               the American public that AIDS and HIV infections may be transmitted through sexual
               contact, intravenous drug abuse, exposure to infected blood and blood components,
               and from an infected mother to her newborn.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               According to the best scientific evidence, AIDS and HIV infection, as well as syphilis
               and gonorrhea, are principally transmitted by sexual acts.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               Sanitary conditions in some adult business establishments are unhealthy, in part,
               because the activities conducted there are unhealthy, and, in part, because of the
               unregulated nature of the activities and the failure of the owners and the operators
               of the facilities to self-regulate those activities and maintain those facilities.
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               Numerous studies and reports have determined that semen is found in the areas of adult
               businesses where persons view adult oriented films.
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               The findings noted in subsections (1) through (9) of this subsection (a) raise substantial
               governmental concerns.
               </p>
            		
            <p class="incr1">
               (11)
               </p>
            		
            <p class="content2">
               Adult business establishments have operational characteristics that should be reasonably
               regulated in order to protect those substantial governmental concerns.
               </p>
            		
            <p class="incr1">
               (12)
               </p>
            		
            <p class="content2">
               A reasonable licensing procedure is an appropriate mechanism to place the burden of
               that reasonable regulation on the owners and the operators of the adult business establishments.
               Further, such a licensing procedure will establish an incentive for the owners and
               operators to see that the adult business establishment is run in a manner consistent
               with the health, safety and welfare of its 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, fully in possession and
               control of the premises and activities occurring therein.
               </p>
            		
            <p class="incr1">
               (13)
               </p>
            		
            <p class="content2">
               Prohibition of doors on adult booths and requiring sufficient lighting on premises
               with adult booths advances a substantial governmental interest in curbing the illegal
               and unsanitary sexual activity occurring in adult business establishments.
               </p>
            		
            <p class="incr1">
               (14)
               </p>
            		
            <p class="content2">
               The disclosure of certain information by those persons ultimately responsible for
               the day-to-day operation and maintenance of adult business establishments, where such
               information is substantially related to the significant governmental interest in the
               operation of such uses, will aid in preventing the spread of sexually transmitted
               diseases.
               </p>
            		
            <p class="incr1">
               (15)
               </p>
            		
            <p class="content2">
               It is desirable in the prevention of the spread of communicable diseases to obtain
               a limited amount of information regarding employees who may engage in the conduct
               that this chapter is designed to prevent or who are likely to be witnesses to such
               activity.
               </p>
            		
            <p class="incr1">
               (16)
               </p>
            		
            <p class="content2">
               The general welfare, health, morals and safety of the citizens of the county will
               be promoted by the enactment of this chapter.
               </p>
            		
            <p class="incr1">
               (17)
               </p>
            		
            <p class="content2">
               Craven County has the authority to regulate the operation of adult business establishments
               pursuant to the North Carolina General Statutes, including but not limited to G.S.
               Â§Â§ 160A-181.1, 18B-904 and 14-202.11.
               </p>
            		
            <p class="historynote0">
               (Ord. of 10-4-2010, Â§ 2)
               </p>
            <p class="refeditor0" block_type="hang"><b>Editor's noteâ€” </b>
               Ord. of Oct. 4, 2010, Â§ 2, deleted the former Â§ 4-84, and enacted a new Â§ 4-84 as
               set out herein. The former Â§ 4-84 pertained to purpose and intent and derived from
               Code 1984, Â§ 9.8-62; Ord. of 12-20-1993, art. 2; Ord. of 1-2-1996, art. 1.
               </p></div>