§ 5-2600. Declaration of findings and policy.

(a)

Based on public testimony and other evidence before it, including information, studies and court decisions from other jurisdictions, the Prince George's County Council makes the following legislative findings and statement of policy:

(1)

The County Council recognizes that some activities that occur in connection with adult-oriented businesses are protected as expressive speech and does not intend to suppress or infringe upon expressive activities protected by the First Amendment of the United States Constitution and by the Maryland Constitution, but instead desires to enact reasonable time, place and manner regulations that address the adverse secondary effects of adult-oriented businesses.

(2)

The County Council further recognizes that First Amendment rights are among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights. This ordinance is not intended to interfere with legitimate expression but to avoid and mitigate the secondary effects enumerated above.

(3)

The County Council finds that adult oriented businesses may and do generate secondary effects which are detrimental to the public health, safety and welfare. Among those secondary effects are:

(A)

Prostitution and other sex related offenses;

(B)

Drug use and dealing; and

(C)

Health risks through the spread of AIDS and other sexually transmitted diseases.

(4)

The County Council finds that licensing of persons who operate and manage adult oriented businesses and persons who provide adult-oriented entertainment will further the goals of the ordinance by enabling the County to ascertain if an applicant is underage or has engaged in criminal or other behavior of the sort the ordinance is designed to limit. This information will enable the County to allocate law enforcement resources effectively and otherwise protect the community.

(5)

The County Council finds that limiting proximity and contact between adult entertainment performers and patrons promotes the goal of reducing prostitution and other casual sexual conduct and the attendant risk of sexually transmitted diseases.

(6)

The County Council finds that the harmful secondary effects of adult oriented businesses are more pronounced when conducted continuously or during late night hours.

(7)

The County Council finds that Prince George's County continues to experience a high demand for public safety services at and adjacent to adult entertainment premises.

(8)

The County Council finds that certain activities occurring on premises offering adult entertainment are disruptive to commercial and residential communities that they adjoin, and are otherwise detrimental to the public health, safety, and general welfare of the citizens and residents of the County.

(9)

The Council also finds that it has substantial public interest in preserving societal order by the regulation of adult-oriented businesses.

(10)

The fees established for licenses and permits in this ordinance are based on the estimated cost of implementation, administration and enforcement of the licensing program.

(CB-61-2006)