§ 14-1-301 — Findings and legislative intent

(a) The purpose of this subchapter is to establish requirements governing the location of adult-oriented businesses in order to protect the public health, safety, and welfare and to prevent criminal activity. (b) Based on evidence of the adverse secondary effects of adult-oriented businesses and on findings discussed in cases, including City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Erie v. PAP's A.M., 529 U.S. 277 (2000), City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Young v. American Mini Theatres, 427 U.S. 50 (1976), the General Assembly finds that: (1) Adult-oriented businesses, as a category of commercial land uses, are associated with a wide variety of adverse secondary effects, including a negative impact on surrounding properties, personal and property crime, illicit drug use and trafficking, lewdness, prostitution, potential spread of disease, and sexual assault; (2) Adult-oriented businesses should be separated from schools, playgrounds, places of worship, and other places frequented by children to minimize the impact of the secondary effects of the adult-oriented businesses on schools, playgrounds, places of worship, and other places frequented by children; and (3) (A) There is a substantial government interest in preventing each of the negative secondary effects described in subdivision (b)(1) of this section. (B) The substantial government interest exists independently of any comparative analysis between adult-oriented businesses and nonadult-oriented businesses.

Legislative History

Acts 2007, No. 387, § 1.