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Ord 1998-010
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Ord 1998-010
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
9/21/1998
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Council also takes legislative notice of the facts recited in the case of Kev, Inc. v. <br /> IGtsap County, 793 F.2d 1053 (9th Cir. 1986), regarding how live adult <br /> entertainment results in secondary effects such as prostitution, drug dealing, and <br /> other law enforcement problems. <br /> SECTION 7: The City Council finds the following, in part based upon <br /> its understanding of the documents and judicial decisions in the public record: <br /> (a) Evidence indicates that some dancers, models, and entertainers, and <br /> other persons who publicly perform specified sexual activities or publicly <br /> display specified anatomical parts in Adult - Oriented Businesses <br /> (collectively referred to as "perfommers ") have been found to engage in <br /> sexual activities with patrons of Adult- Oriented Businesses on the site of <br /> the Adult- Oriented Business; <br /> (b) Evidence has demonstrated that performers employed by Adult - <br /> Oriented Businesses have been found to offer and provide private shows <br /> to patrons, who, for a price, are permitted to observe and participate <br /> with the performers in live shows; <br /> (c) Evidence indicates that performers at Adult- Oriented Businesses have <br /> been found to engage in prostitution with patrons of the establishment; <br /> (d) Evidence indicates that fully enclosed booths, individual viewing areas, <br /> and other rooms whose interiors cannot be seen from public areas of the <br /> establishment regularly have been found to be used as a location for <br /> unlawful sexual activity; <br /> (e) As a result of the factors above, and the continuing incidence of sexually <br /> transmitted diseases, the City has a substantial interest in adopting <br /> regulations which will reduce, to the greatest extent possible, the <br /> possibility for the occurrence of prostitution and unlawful sex acts at <br /> Adult- Oriented Businesses. <br /> SECTION 8: Zoning, licensing, and other police power regulations are <br /> legitimate, reasonable means of accountability to help protect the quality of Life in <br /> San Leandro and to help assure that all operators of Adult- Oriented Businesses <br /> comply with reasonable regulations and are located in places that minimize the <br /> adverse secondary effects which accompany the operation of such businesses. <br /> 4 <br />
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