The Town of Elsinore has established Section 26 of the town zoning ordinance to regulate sexually oriented businesses. The ordinance aims to promote health, safety, and general welfare while mitigating adverse secondary effects such as crime and declining property values.
The ordinance establishes specific zoning requirements to disperse sexually oriented businesses and limit them to designated districts. According to the document, the town council determined that locational criteria alone are insufficient to protect the health, safety, and general welfare of the community, necessitating additional requirements regarding ownership and operation.
New regulations include a requirement for a valid permit to operate any sexually oriented business. The Planning Commission is responsible for granting, denying, renewing, suspending, or canceling these permits. Additionally, the ordinance mandates a non-refundable application fee of $25,000, while the annual permit fee is set at $100,000. These fees are intended to fund investigations and police services necessary to ensure compliance and public safety.
Strict locational restrictions are established to protect residential areas, schools, churches, parks, and public buildings. No sexually oriented business may be established within 5,280 feet of another such business, or within 5,280 feet of a religious institution, school, youth organization, public park, public building, or residential property.
Operating a business in violation of these distance requirements, or operating without a valid permit, is classified as a misdemeanor. Violations involving the operation of a business without a permit are subject to a fine of $10,000 and/or thirty days of imprisonment. The town also reserves the right to seek injunctions and assess attorney fees and costs against violators.
The ordinance defines various establishments, including adult arcades, adult bookstores, adult cabarets, adult motels, adult motion picture theaters, adult theaters, massage parlors, sexual encounter establishments, escort agencies, and semi-nude model studios.
Specific operational rules are also included, such as prohibiting business activities between 11:00 AM and 10:00 PM. The ordinance also mandates that employees of certain businesses, such as massage parlors or escort agencies, must obtain a sexually oriented business employee license, which requires a $100 fee and a background investigation by the police.
The ordinance notes that it is not intended to suppress First Amendment speech or the distribution of legally available materials, but rather to address the adverse secondary effects associated with these businesses. The town aims to protect citizens from increased crime, preserve property values, and prevent the spread of communicable diseases.
