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<br />(1) The Legislature of the State of Texas has determined that sexually oriented <br />businesses such as the businesses regulated in this chapter may be detrimental to the <br />public health, safety and welfare of a community by contributing to the decline of <br />neighborhoods and contributing to the growth of criminal activity. <br /> <br />(2) The Legislature of the State of Texas has granted cities authority to regulate <br />sexually oriented businesses in Chapter 243, Texas Local Government Code. <br /> <br />(3) The City, as a home-rule city, has other authority under the Texas Constitution <br />and Local Government Code to enforce ordinances to protect the health, safety and <br />welfare of its citizens. <br /> <br />(4) (1) The city council has reviewed 8~tudies from other cities that have found <br />that sexually oriented businesses have an adverse secondary effect on property values, <br />contribute to an increased crime rate in neighborhoods containing these businesses, cause <br />an increase in sex-related crimes in such neighborhoods, and show a compounding of ill <br />adverse secondary effects when two or more sexually oriented businesses are located in <br />close proximity. The city council finds and determines. based on these studies. that the <br />regulation of sexually oriented businesses is necessary to control and limit these adverse <br />secondary effects. <br /> <br />(5) The city council has heard testimony that adequate alternate avenues of <br />communication exist. in that 385.84 acres are available in the city limits for placement of <br />sexually oriented businesses. <br /> <br />(3-Q.) Sexually transmitted diseases are a legitimate public health concern, and the <br />studies that the city council has reviewed from other cities show that these diseases can <br />be controlled to a certain extent by regulation of certain aspects of sexually oriented <br />businesses. The city council finds and determines. based on these studies. that the <br />regulation of sexually oriented businesses is necessary to control and limit these adverse <br />secondary effects. <br /> <br />(b) The purpose of this chapter is to regulate adult businesses in order to control their <br />adverse secondary effects in the community. The purpose of this chapter is oot-- neither <br />to deny access to or communications of materials protected by the First Amendment to <br />the United States Constitution. nor to condone or legitimize such materials. <br /> <br />4 <br />