§ 12-31. Purpose and findings.

(a)

Purpose. The purpose of this article is to regulate certain types of businesses including, but not limited to, adult entertainment establishments, to the end that the many types of criminal activities frequently engendered by such businesses will be curtailed. However, it is recognized that such regulation cannot de facto approach prohibition. Otherwise, a protected form of expression would vanish. As to adult entertainment establishments, their article represents a balancing of competing interests: reduced criminal activity and protection of neighborhoods through the regulation of adult entertainment establishments versus the protected rights of adult entertainment establishment and patrons.

(b)

Findings. Based on the experience of other urban counties and municipalities, including, which experiences, we believe are relevant to the issues faced by Emanuel County, Georgia, the board of commissioners take 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 of the county 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 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 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 article is adopted to regulate certain types of businesses and to establish where such activity may or may not be conducted.

(Ord. of 11-18-2002, § 1)