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Conditional Uses - Adult Entertainment Uses
Additional objectives for adult entertainment uses.
A. See the additional requirements for specific uses in Article V: Use Regulations.

B. Adult entertainment regulatory objectives. The regulations upon adult entertainment uses are based upon serving the following objectives, in addition to the overall objectives of this chapter:
(1) The purpose of these regulations is to minimize, where conditions permit, the secondary impacts of adult entertainment uses, which include difficulties for law enforcement, municipal maintenance, trash, deleterious effects on business and residential property values, increased crime, potential for the corruption of the morals of minors, prostitution, and causing residents and businesses to move elsewhere.

(2) Objectives. Because adult entertainment uses tend to result in secondary impacts upon public health, safety and general welfare, Forks Township has determined that it is necessary to restrict the location where such uses can locate. The Township does not intend to affect or suppress any activities protected by the First Amendment of the United States Constitution, but instead address these secondary effects. Neither is it the intent nor effect of these ordinance provisions to condone or legitimize the distribution of obscene material. Based on evidence concerning the adverse secondary effects of adult uses on the community, and on findings incorporated in the cases of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, 426 U.S. 50 (1976), and Northend Cinema, Inc. v. Seattle, 585 P.2d 1153 (Wash. 1978), and on studies in other communities, including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota; Manatee County, Florida; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; and Beaumont, Texas; and also on findings found in the Report of Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the Board of Supervisors finds:
(a) Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that may go uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
(b) Certain employees of "sexually oriented businesses" defined in this chapter as adult theaters and cabarets engage in higher incident of certain types of sexually oriented behavior at these businesses than employees of other establishments.
(c) Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows, as defined under this chapter as "adult bookstores, adult novelty shops, adult video stores, adult motion-picture theaters, or adult arcades."
(d) Offering and providing such space encourages such activities, which create unhealthy conditions.
(e) Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
(f) At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (AIDS), genital herpes, hepatitis B, non-B amebiasis, salmonella infections, shigella infections, and other sexually transmitted diseases.
(g) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
(h) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
(i) Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult-oriented films.
(j) The findings noted in the above subsections raise substantial governmental concerns.