§ 10-31. Purpose and findings.

a)

Purpose. The purpose of this chapter is to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the unincorporated areas of Screven County, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the county. 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 to their intended market. Neither is it the intent nor effect or this article to condone or legitimize the distribution of obscene material.

b)

Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community, in findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990), Barnes v. Glen Theatre, Inc. 501 U.S. 560 (1991), City of Erie v. Pap's A.M., 120 S. Ct. 1382 (2000), and the experience of other counties and municipalities, including, but not limited to, Atlanta and Fulton County, Georgia; DeKalb County, Georgia; Augusta-Richmond County, Georgia; Indianapolis, Indiana; Athens-Clarke County, Georgia; Marietta, Georgia; Gwinnett County, Georgia; Warner Robins, Georgia; Rome, Georgia; Carrollton, Georgia; and Smyrna, Georgia; which experiences the board of commissioners believes are relevant to the issues faced by Screven County, Georgia, the board of commissioners takes note of the notorious and self-evident conditions attendant to the commercial exploitation of human sexuality, which do not vary greatly among generally comparable communities within our country. Moreover, it is the findings of the board of commissioners that public nudity (either partial or total) under certain circumstances, particularly circumstances related to the sale or consumption of alcoholic beverages, begets criminal behavior and tends to create undesirable community conditions. Among the acts of criminal behavior identified with nudity and alcohol are disorderly conduct, prostitution, and drug trafficking and use. Among the undesirable community conditions identified with nudity and alcohol are depression of property values in the surrounding neighborhood; increased expenditures for and allocation of law enforcement personnel to preserve law and order; increased burden on the judicial system as a consequence of the criminal behavior herein above described; and acceleration of community blight by the concentration of such establishments in particular areas. Therefore, the limitation of nude or partially nude conduct in establishments affects the public welfare; and it is a matter of governmental interest and concern to prevent the occurrence of criminal behavior and undesirable community conditions normally associated with establishments that allow and/or encourage nudity. Based on these findings, this chapter is adopted to regulate certain types of businesses and to establish where such activity may or may not be conducted.

(Ord. of 6-10-2003, § 1)