§ 6.95.005. Findings and purposes.

(a) The Clark County board of county commissioners finds:

(1)

That the board of county commissioners of Clark County is empowered to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns;

(2)

That the board of county commissioners of Clark County deems it necessary to provide for licensing and regulation of theater establishments including, but not limited to, "adult motion picture theaters," "adult mini-motion picture theaters," "adult entertainment cabarets," "adult picture arcade theaters," and "picture arcade facilities";

(3)

That establishments and adult business establishments install booths with doors in which patrons can view live, filmed or electronically produced dramatic, operatic or other representations, plays, dances, concerts, performance or theatrical representations;

(4)

That the closed peep show booths provide a haven for carnal sexual activity;

(5)

That it is well known and has been found in Milwaukee and Kenosha Counties, Wisconsin; Chattanooga, Tennessee; Newport News, Virginia; Marion County, Indiana; Dallas, Texas; Minneapolis, Minnesota; Phoenix, Arizona; Delafield, Wisconsin; and Columbus, Ohio, to name but a few localities, that viewing booths in business establishments and adult business establishments have been or are being used by patrons of said establishments for engaging in sexual acts, particularly between males, including but not limited to intercourse, sodomy, oral copulation and masturbation, resulting in unsafe and unsanitary conditions in said booths;

(6)

That carnal sexual activity contributes to the epidemic spread of sexually transmitted diseases, including AIDS, presenting a threat to the public health and welfare;

(7)

That the Attorney General's Commission on Pornography recommends that local governments ban certain features of these booths that facilitate carnal sexual encounters.

(b)

The purpose of this chapter is to promote and secure the general welfare, health and safety of the citizens of Clark County outside of the limits of incorporated cities and towns by regulating theaters and viewing booths. It is recognized that such regulation cannot de facto approach prohibition of protected expression. However, this chapter does not seek to regulate protected expression, it intends to regulate only non-expressive activities related to the above findings.

(Ord. 1311 § 1, 1991)