§ 10-26. Findings and public purpose.

(a)

The City of Riverdale engaged in considerable fact-finding with respect to the secondary effects of adult entertainment establishments prior to the original adoption of this article. The city relied on the experiences of other urban counties and cities, including but not limited to: DeKalb, Fulton and Richmond counties; the cities of Atlanta, College Park and Smyrna, Georgia; Austin, Texas; Los Angeles and Garden Grove, California; Phoenix, Arizona; Minneapolis, Minnesota; Indianapolis, Indiana; and also on 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 city heard evidence and testimony of the citizens and experts, and the city council took note of the well-known and self-evident conditions attendant to the commercial exploitation of human sexuality, which does not vary greatly among generally comparable communities within our country.

(b)

In preparing the revision of this article in 2008, the city reviewed updated evidence of recent experiences of counties and cities, held a public hearing and reviewed the current city zoning map, comp plan, LCI study and redevelopment plan.

(c)

With respect to live entertainment, the potential of adult entertainment establishments to serve as the source of connection between parties for various criminal offenses of a sexual nature has long been recognized. Because both parties to such activity frequently are consenting, crime statistics do not fully bear out the extent of criminal activity existing within such establishments and occurring off-site but originating through contact within such establishments. Studies bear out a correlation between the amount of clothing removed and aggression. Similarly, non-live adult entertainment venues pose health risks and can serve as a contact point for patrons making themselves available to one another, resulting in the possibility that communicable diseases may be spread by activities occurring therein.

(d)

Among the acts of criminal behavior identified with the commercial combination of live nudity and alcohol, live commercial nudity in general and photographic adult entertainment are disorderly conduct, prostitution, solicitation, drug trafficking, drug use and corruption of public officials. Among the undesirable community conditions identified with the commercial combination of live nudity and alcohol, commercial nudity in general and photographic adult entertainment are depression of property values and acceleration of community blight in the surrounding neighborhood, increased allocation of and expenditure for law enforcement personnel to preserve law and order due, in part, to increases in criminal activity due to traffic congestion, unusual hours of operation, litter and noise problems, and increased burden on the judicial system as a consequence of the criminal behavior hereinabove described.

(e)

Further, it is the finding of the city council that other forms of adult entertainment establishments, including, but not limited to, adult bookstores, adult video stores, peep shows and adult theaters, have a deleterious effect upon the quality of life in neighborhoods, commercial districts and urban life in general.

(f)

The purpose of this article is to regulate adult entertainment establishments to the end that the many types of criminal activities frequently engendered by such businesses and their resultant health risks will be curtailed. The preservation of stable residential areas and attractive vibrant commercial activity is a further goal of this article. However, it is recognized that regulation of adult entertainment establishments cannot de facto approach prohibition. Otherwise, a protected form of expression would vanish. This article represents a balancing of competing interests: reduced criminal activity and protection of the neighborhoods through the regulation of adult entertainment establishments versus the protected rights of adult entertainment establishments and patrons.

(Ord. No. 05-2008, § 1, 4-28-2008)

State law reference

State law references: O.C.G.A. § 36-60-3.