chapter 9 licenses and regulation elec.

Article D
Alcoholic Beverages in Adult Establishments
WHEREAS, based on evidence concerning the secondary effects of adult establishments on the
community in reports made available to the City of Marinette, and on the holdings and findings
in cases such as City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925 (1986);
Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456 (1991); City of Erie v. Pap’s A.M.,
529 U.S. 277, 120 S.Ct. 1382 (2000); Ben’s Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7 th
Cir. 2003) as well as studies and summaries of studies conducted in other cities, including, but
not limited to, Phoenix, Arizona; Tucson, Arizona, Garden Grove, California; Los Angeles,
California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; Ellicottville,
New York; New York City, New York; Times Square, New York; Cleveland, Ohio; Oklahoma
City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Cleburne, Texas, Dallas,
Texas, Houston, Texas; Seattle, Washington; Newport News, Virginia; St. Croix County,
Wisconsin; and the Report of the Attorney General’s Working Group on the Regulation of
Sexually Oriented Businesses (Minnesota, June 6, 1989), the Common Council of the City of
Marinette finds that adult establishments may and do generate secondary effects, which the
Common Council believes are detrimental to the public health, safety and general welfare.
These secondary effects, include, but are not limited to:
1. Greater frequency, as shown by crime statistics, of all types of crimes, especially
prostitution, other sex-related crimes and controlled substance crimes in neighborhoods
where adult establishments are located, particularly when located in proximity to each
other, as well as to businesses serving alcohol, which thus requires increased supervision
from public safety agencies of local governments;
2. Increased urban blight and decay as other business and residents move out of the vicinity
as they perceive adult establishments as an indication that the area is deteriorating;
3. Decreased property values on both residential and commercial properties, which harm the
economic welfare of communities and negatively affect the overall quality of life;
4. Increased public health risks through the spread of sexually transmitted diseases; and
5. Increased potential for infiltration by organized crime for the purpose of unlawful conduct;
WHEREAS, the Common Council finds, based on these studies and judicial decisions such
as Ben’s Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7 th Cir. 2003), that the consumption of
alcoholic beverages on the premises of an adult establishment exacerbates the deleterious
secondary effects of such businesses on the community;
WHEREAS, the Common Council desires to minimize and control these adverse secondary
effects and thereby protect the health, safety and general welfare of the citizenry, preserve the
quality of life, protect citizens from increased crime, preserve the property values and character
of surrounding neighborhoods and deter the spread of urban blight;
WHEREAS, the Common Council finds that some of the activities described herein are
protected as expression under the First Amendment of the United States Constitution, recognizes
that such rights are among our most precious and highly protected rights and wishes to act
consistently with full protection of those rights;
City of Marinette
13
Code of Ordinances