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HomeMy WebLinkAbout2099 ORDINANCE NO. 2099 AN EMERGENCY (URGENCY) INTERIM ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA, TO PROHIBIT ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN SEVEN HUNDRED (700) FEET FROM ANY RESIDENTIAL ZONE AND ALLOWING SUCH ESTABLISHMENTS BEYOND SEVEN HUNDRED (700) FEET, SUBJECT TO REGULATORY COMPLIANCE (Ordinance effective immediately - four (4) vote required) PREAMBLE WHEREAS, Sections 9279 through 9279.6 of the Arcadia Municipal Code allow adult entertainment establishments as defined therein (attached) to be located in the M-I and M-2 zones of the City subject to certain locational requirements; and WHEREAS, the City has commenced review of Arcadia Municipal Code Sections 9279 et. seq. applicable to said adult entertainment establishments and is in the process of revising the Code in order to respond to recent developments within the field of regulation of adult businesses and case law interpretation. These revisions are necessary to fully take into account the secondary effects that are associated with adult businesses in order to address the needs of the City and its residents today and in the future; and WHEREAS, in developing its revised Ordinance, the City Council is mindful of Constitutional principles relating to regulation of adult businesses, and the City Council does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States and California Constitutions; and WHEREAS, the City Council is concerned with reference to potential Constitutional issues that could jeopardize the current ordinance pending adoption of a new revised code and would like to maintain the purpose of the existing code sections as set forth in the findings at section 9279 attached as Exhibit "A" and incorporated as part of this ordinance; and 1 2099 WHEREAS, pursuant to Arcadia City Charter Section 415 and consistent with Government Code Section 65858, this ordinance is adopted to protect the public safety, health, safety, and welfare by avoiding a lapse in locational and regulatory control pending adoption of a new ordinance to replace the current statute. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. Determination of Emergency. Current legal developments have nullified Section 9279.6 of the Arcadia Municipal Code which authorizes use of the conditional use pemlit to impose conditions to regulate adult entertainment establishments (businesses). In addition, current legal developments require the City to review its adult business locational requirements. The City's new revised ordinance will address current legal requirements thereby establishing locational requirements and various operational and performance standards for adult businesses. Subject ordinance is in draft form. Subject to finalization, environmental review, and processing through the City Planning Commission and City Council it may not become effective for several months. In the meantime, during this interim period, because of the status of the current ordinance as set forth above, the attached findings, and the determinations of the City Council as set forth in the above preamble, enforcement of the City's existing ordinance and the application of appropriate standards are jeopardized. Without use of the conditional use permit process, this urgency ordinance is necessary pending adoption of a permanent ordinance to protect the public health, safety, and welfare to avoid the negative secondary effects of such uses and their serious deleterious effects upon adjacent areas, residences, minor children and businesses. To protect the integrity of existing commercial areas of the City of Arcadia and of residential areas in close proximity to such commercial areas, the public health, safety, and welfare requires the enactment of this ordinance. Without these urgency provisions, pending the adoption of a permanent 2 2099 ordinance, the City of Arcadia could experience serious secondary effects from adult facilities including blight and crime such as prostitution and sex offenses, reduction in property values, and would face exposure to potential nuisances related to the operation of adult businesses, some of which are set forth in the attached Exhibit "B" incorporated as part of this ordinance. SECTION 2. Locational Requirement. Pending further study and implementation of a revised City Adult Business Ordinance, the current locational requirement set forth in Arcadia Municipal Code Section 9279.5(2) concerning distance from residential shall be suspended. Pending adoption of a permanent ordinance and during the term of this urgency measure, all adult uses (adult entertainment establishments) as currently defined in the Arcadia Municipal Code (Section 9279.2, 9279.3) shall be prohibited within seven hunred (700) feet from any residential zone. SECTION 3. DevelQpment and Operating Standards. In view of the non-application of the City's conditional use permit requirement, in order to protect the public, health, safety, and welfare pending adoption of a permanent ordinance, adult entertainment establishments (adult business) as currently defined in the Arcadia Municipal Code that are in excess of seven hundred (700) feet from any residential zone, and otherwise meet City zoning shall be permitted subject to compliance with the following requirements: A. Hours of Operation. It shall be unlawful for any operator or employee of an adult use to allow such adult use to remain open for business, or to permit any employee or performer to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of2:00 a.m. and 10:00 a.m. of any day. B. Exterior Lighting Requirements. All exterior areas, including parking lots, of the adult use shall be illuminated at a minimum of 1.50 foot-candle, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting 3 2099 in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties. C. Interior Lighting Requirements. All interior areas of the adult use shall be illuminated at a minimum of 1.00 foot-candle, maintained and evenly distributed at floor level. D. Minors' Access. 1. X-rated movies. To the extent that it is in conformity with the Penal Code, x-rated movies, videotapes, digital video disks (DVDs), compact disks (CDS) and laser disks shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays movies, videos, DVDs, or laser disks that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MP AA"), or which have not been submitted to the MP AA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said movies, videos, DVDs, CDS, and laser disks shall be located in a specific section of the establishment where persons under the age of 18 shall be prohibited. 2. Other Material Relative to Adult Uses. For material relative to adult uses not covered by Section D.l, above, access shall be restricted to persons over 18 years of age. 3. It shall be unlawful for any employee, owner, operator, responsible managing employee, manager or permittee of an adult entertainment business to allow any person under the age of 18 years upon the premises or within the confines of any adult entertainment business, either as a patron or employee, if no liquor is served, or under the age of21 ifliquor is served. 4 2099 E. Regulation of Closed Booths. No one shall maintain any arcade booth or individual viewing area unless the entire interior of such premises wherein the picture or entertainment that is viewed is visible upon entering into such premises; and further, that the entire body of any viewing person is also visible immediately upon entrance to the premises without the assistance of mirrors or other viewing aids. No partially or fully enclosed booths/individual viewing areas or partially or fully concealed booths/individual viewing areas shall be maintained. No arcade booth shall be occupied by more than one individual at a time. No holes or other openings (commonly known as "glory holes") shall be permitted between arcade booths or individual viewing areas. F. Regulation of Viewing Areas. All viewing areas within the adult use shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and not obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the viewing areas from the main aisle. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. All viewing areas shall be designed or operated to only permit occupancy of either one person, or more than ten persons. "Viewing area" shall mean any area in which a person views performances, pictures, movies, videos, or other presentations. G. On-Site Manager; Security Measures. All adult uses shall have a responsible person who shall be at least 18 years of age and shall be on the premises to act as manager at all times during which the business is open. The individual designated as the on-site manager shall be registered with the City Manager or designee by the owner to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises. 5 2099 H. Sign Requirements. All adult uses shall comply with the following sign requirements, in addition to those of the Arcadia Municipal Code. Should a conflict exist between the requirements of the Arcadia Municipal Code and this sub-section, the more restrictive shall prevail. I. All exterior signs shall be flat (Le., not angled to the front wall of the building) wall signs. 2. No material relative to adult use on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building. I. Live Entertainment - Operating Requirements. The following additional requirements shall pertain to adult uses providing live entertainment. No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit the operation of an adult use to engage in, conduct or carry on unless all of the following requirements are met: I. No employee, owner, operator, responsible managing employee, manager or permittee of such use shall allow any person below the age of 18 years upon the premises or within the confines if no liquor is served, or under the age of 21 if liquor is served. 2. No person shall perform live entertainment for patrons of an adult use except upon a permanently fixed stage at least eighteen (18) inches above the level of the floor. 3. No performer shall be within six (6) feet of a patron while the performer is performing. This six (6) foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the performer and the patron(s). 6 2099 4. No performer shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is pc-forming on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no- touching requirements by signs placed on the barrier between patrons and performers and, if necessary, by employees of the establishment. 5. All performers, other than nude performers or performers displaying specified anatomical areas while performing, shall, at a minimum while on or about the premises or tenant space, wear an opaque covering which covers their specified anatomical areas. 6. Ifpatrons wish to tip performers, receptacles shall be at least six (6) feet from the stage or other area used by the performers. Patrons shall not provide throw tips to performers, hand tips directly to performers or place tips in the performers' costumes. When patrons are at the establishment, neither a patron nor any other performer shall be allowed to directly touch, fondle or caress a performer, as those terms are defined in Kev, Inc. V. Kitsap County, 793 F.2d 1053 (9th Cir. 1986). This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier described in Section 1,3 above. 7. The adult use shall provide dressing rooms for performers, which are separated by gender and exclusively dedicated to the performers' use and which the performers shall use. Performers may share a dressing room. 7 2099 8. The adult use shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons, which the performers shall use at all times. 9. The adult use shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult use shall provide a minimum three (3) foot walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers. Nothing in this section is intended to exempt the adult use from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility. 10. Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between performers and patrons required by this sub-section. J. Adult Motion Picture Theater. An adult motion picture theater shall observe the following special requirements: 1. If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions: a. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the area; b. Have a continuous main aisle alongside of the seating areas in order that each person seated in the areas shall be visible from the aisle at all times; and c. Have a sign posted in a conspicuous place at or near each entranceway to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area. 8 2099 2. If an adult motion picture theater is designed to permit outdoor viewing by persons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those persons may not be seen from any public right-of way, day care facility, park, public school or private school, or religious institution, as those terms are defined in this section. SECTION 4. Effective Date. This ordinance shall be effective immediately upon adoption on January 19, 1999 and shall remain in effect until terminated by a permanent ordinance. SECTION 5. Severability. rfany section, subsection, paragraph, sentence, clause, or phrase of this Ordinance to which it is a part, or any part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The City Council hereby declares that it would have adopted this ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective. SECTION 6. Publication. The City Clerk shall certify to the adoption of this Urgency Ordinance .md shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days of adoption. This Urgency Ordinance is effective immediately. 9 2099 - ,- Passed, approved and adopted this19th' day of Januarv ,1999. ;;' ~~. J1iI~ Mtiyor he Ci of Arcadia A TrEST: ~J~ APPROVED AS TO FORM: 11Jr/ )1 /!J~ City Attorney 10 2099 . - -::- .....---..- .~~ ----...,- " STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2099 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 19th day ofJanuary, 1999 and that said Ordinance was adopted by the following vote, to wit: A YES: 'Councilmember Chandler, Harbicht, Marshall, Roncelli and Kovacic NOES: None ABSENT: None -& II 2099 9279 DMSION 9. ADULT ENTERTAINMENT ESTABLISHMENTS 9279. . FINDINGS. Based on the record of the public hearings conducted concerning Ordinance No. 1872 before the Planning Commission and City Coun- cil and the review of testimony, and documenta- tion submitted to the City Council including staff reports and studies concerning the effects and problems concomitant to adult businesses, the City Council makes the following findings: I. There is substantial evidence that the pro- liferation of adult entertainment establishments throughout a city and/or their concentration in anyone zone causes adverse land use impacts on adjacent residential and commercial zones. 2. Experience in other cities indicates that as adult entertainment establishments become concentrated, their impact on surrounding resi- dential and commercial land uses becomes more evident in the increased occurrences of blight and deterioration. 3. That the dominant single-family character and quality of this community would be adversely affected by the presence of adult enter- tainment establishments in close proximity to residential and commercial zones, schools, churches, parks and other public facilities. 4. A permitted concentration of adult enter- tainment establishments and their proliferation throughout the community would be inconsis- tent with the community goals of the City's Gen- eral Plan and, for example, ordinances dealing with property maintenance and architectural review such as Ordinance 1452 and'Ordinance 1850 respectively, as set forth in ,Municipal Code Sections 9401 and 9295 et seq. 5. The City's interest in regulation of adult entertainment establishments is unrelated to the suppression offree expression. However, the reg- ulation of adult entertainment establishments is related to our concern over secondary effects of such businesses on the City.' . . " . -. ~ . 6. The subsequent adoption of an adult enter- tainment ordinance will aid in preserving the quality of the community that permits Arcadia to continue as "the City of fine homes" with a quality business environment. 7. The appropriate land use control of adult entertainment establishments minimizes the blight or "skid row" effect concomitant with such uses, the detrimental effect on adjacent areas, and the interference to uses in the area. 8. Adult entertainment establishments com- monly involve criminal-type activity or contrib- ute to such activity such as prostitution, display of obscenity, public nuisance and disturbance complaints. 9. Ordinance No. 1872 will protect the public health, safety. and welfare, preserve locally rec- ognized values of community appearance, mini- mize the potential for nuisances related to the operation of adult-oriented businesses as defined herein, protect local property values, and gener- ally preserve the quality of urban life in Arcadia. 10. Areas within close walking distance of sin- gle-family and multifamily dwellings should be free of adult entertainment land uses. II. Areas where children could be expected to walk, patronize or recreate should be free of adult entertainment land uses. 12. Adult entertainment land uses should be located in areas of the City which are not in close proximity to residential uses, churches, parks and other public facilities, and schools. 13. The image and vitality of the City of Arcadia as a pleasant and attractive place to reside and do business will be adversely affected by the presence of adult entertainment land uses in close proximity to residential land uses, churches, parks and other public facilities, schools, and commercial zones. 14. Regulation of adult entertainment land uses should be developed to prevent deteriora- tion and/or degradation of the community before the problem exists, rather than in response to an existing problem. 15. Commercial areas of the City patronized 496 EXHIBIT "A" 12 (Arcadia 7-88) 2099 . .- by young people and children should be free of adult entertainment land uses. 16. Adult entertainment land uses should, in general, be regulated by zoning to separate them from other dissimilar uses just as any other land use should generally be separated from uses with characteristics different from itself. 17. Experience in numerous other cities has shown that location of adult entertainment land uses degrades the quality of the area of the city in which they are located and causes a blighting , effect upon the city. 18. No evidence has been presented to show that location of adult entertainment land uses within the City will improve the commercial viability of the community. 19. A reasonable regulation of the location of adult entertainment land uses will provide for the protection of the image of the community and its property values, and protect the residents of the community from the adverse effects of such adult entertainment land uses, while providing to thbse who desire to patronize adult entertainment'land uses such an opportunity in areas within the City which are appropriate for location of adult entertainment land uses. 20. The initial location of adult entertain- ment land uses will lead to the location of addi- tional and similar uses within the same vicinity, thus multiplying the adverse impact of the initial location of adult entertainment land uses and the negative impact of such uses upon the image and quality of Arcadia. 9279.1. PERMITTED ZONE. The uses defined herein shall be permitted uses in the M-I and M-2 Zones of the City of Arcadia, subject to the requirements set forth herein. Such uses are prohibited in all other zones in the City. 9279.2. DEFINIT~ For purposes 0 t IS Chapter, adult entertain- ment establishments (businesses) are defined as follows: 9279 (a) Adult Bookstore. An establishment hav- ing as a substantial or significant portion of its stock in trade, books, magazines and other peri- odicals which are distinguished or characterized by their emphasis on matter depicting, describ- ing or relating to "specified sexual activities" or "specified anatomical areas" or an establishment with a segment or section devoted to the sale and/ or rental of such materials, unless this section or segment comprises less than twenty-five percent (25%) of the total floor space used for display within the establishment and is separated from the remainder of the store by a separate walled- ofTarea with an entrance designated in large print for "Adults Only." (b) Adult Motion Picture Theater. An enclosed building with a capacity of fifty (50) or more persons uses for presenting material dis- tinguished or characterized by their emphasis on matter depicting, describing or relating to "spec- ified sexual activities" or "specified anatomical areas" for observation by patrons therein. , (c) Adult Mini Motion Picture Theater. An enclosed building with a capacity for less than fifty (50) persons used for presenting material disinguished or characterized by an emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomic.ti areas" for observation by patrons therein. (d) Adult Hotel or Motel. A hotel or motel wherein material is presented which is dis- tinguished or characterized by an emphasis on matter depicting, describing or relating to "spec- ified sexual activities" or "specified anatomical areas. " (e) Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or elec- tronically, electrically or mechanically con- trolled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at anyone time, and where 496-1 13 (A~adia 7.88) 2099 - 9279.2 the images so displayed are distinguished or char- acterized by an emphasis on depicting or describ- ing "specified sexual activities" or "specified anatomical areas." (I) Adult Video Store. An establishment hav- ing as a substantial or significant portion of its stock in trade material (video cassettes, movies, films) characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," or, an establishment with a segment or section of the premises allocated to the sale and/ or rental of such materials, unless this section or segment comprises less than twenty-five percent (25%) of the total floor space used for display within the establishment and is separated from the remainder of the store by a separate walled- off area with an entrance designated in large print for "Adults Only." (g) Cabaret. A nightclub, theater or other establishment which features live performance by topless and/or bottomless dancers, go-go dan~s, exotic dancers, strippers, or similar entert:llners, where such performances are dis- tinguished or characterized by an emphasis on "specified sexual activities" or "specified ana- tomical areas." This includes any bar, restaurant, or other establishment utilizing such live per- formance at any time on their premises. (h) Massage Parlors/Acupressure. Any estab- lishment where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, or any other treatment or manip- ulation of "specified anatomical areas" occurs, including finger pressure techniques on certain points or portions of the body commonly referred to as acupressure. The following uses shall not_ be included within the definition of a massage parlor. (I) Establishments which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed practical nurse or a registered professional nurse, licensed physical therapists; {^ft:~ia 7.&8) . ~ (2) Electrolysis treatment by a licensed oper- ator of electrolysis equipment; (3) Continuing instruction in martial or per- forming arts or in organized athletic activities; (4) Hospitals, nursing homes, medical clinics or medical offices; and (5) Barbershops or beauty parlors which offer massage to the scalp, the face, the neck or shoul- ders only. (i) Model Studio. Any business where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity. (j) Sexual Encounter Center. Any business, agency or person who, for any form of considera- tion or gratuity, provides a place where three or more persons, not all members ofthe same fam- ily, may congregate, assemble or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas." - (k) Any other business or establishment which offers its patrons services or entertainment characterized by emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." 9279.3. SPEOFIED SEXUAL ACTIVITIES DEFINED. For purposes of this chapter "specified sexual activities" shall include the following: (a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal cop- ulation, beastiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts of conduct: analingus, bug- gery, coprophagy, coprophilia, cunnilingus, fel- latio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or " 496-2 14 2099 1. The proximity and concentration of adult businesses adjacent to residential, recreational, religious, educational, and other adult business uses can cause other businesses and residents to move elsewhere. 2. Crime rates tlmd to be higher in residential areas surrounding adult businesses than in commercial or industrial areas surrounding adult businesses. 3. Crime rates in areas where adult businesses are closely situated to each other tend to be higher than in areas in which adult businesses are separated from each other. 4. Areas within close walking distance of single and multiple family dwellings should be free from adult businesses. 5. ' Adult businesses should be located in specific areas of the City which have both tangible and physical barriers from sensitive uses such as residences, parks, religious institutions, day care facilities, and schools. 6. The image of Arcadia as an attractive place to reside will be adversely affected by the presence of adult businesses in close proximity to residential uses, schools, religious institutions, day care facilities, and parks. 7. The existence of adult businesses in close proximity to residential areas has been shown in some cities to reduce the property values in those residential areas. 8. A reasonable regulation of the location of adult businesses protects the image of the community and its property values and protects its residents from the adverse secondary effects of adult businesses, while providing those who desire to patronize adult businesses an opportunity to do so in appropriate areas in the City. 9. There is substantial evidence that an increase in crime tends to accompany, concentrate around, lmd be aggravated by adult businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. In many cases, criminal activity is linked to individuals having a legal interest in the ownership of adult businesses. The studies from other cities establish by convincing evidence that adult businesses which are not regulated as to permissible locations often have a deleterious effect on nearby businesses in residential areas, causing, among other adversl: secondary effects, an increase in crime and a decrease in property values. EXHIBIT "B" 15 2099 . -- 10. Regulations for adult businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather that waiting for problems to be created. II. Information indicates that some dancers, models, entertainers, performers, and other persons who publicly perform specified sexual activities or publicly display specified anatomical parts in adult businesses (collectively referred to as "performers") have been found to engage in sexual activities with patrons of adult businesses on the site of the adult business. 12. Information indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as locations for engaging in unlawful sexual activity. 16 2099