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state law prohibits the distribution of such material and expects and encourages law <br /> enforcement officials to enforce state obscenity statutes against such illegal activities in the <br /> City of Redwood City. <br /> <br /> (j) Nothing in this ordinance is intended to authorize, legalize, or permit the establishment, <br /> operation, or maintenance of any business, building, or use which violates any City <br /> ordinance or any statute of the State of California regarding public nuisances, unlawful or <br /> indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or <br /> public display thereof. <br /> <br /> (k) In prohibiting public nudity in sexually oriented businesses, this Council does not intend to <br /> proscribe the communication of erotic messages or any other communicative element or <br /> activity, but rather only to prohibit public nudity due to the secondary effects associated <br /> with such public nudity. <br /> <br />(1) This Council also finds, as a wholly independent basis, that it has a substantial public <br /> interest in preserving societal order, and that such interest is furthered by a prohibition on <br /> public nudity; and <br /> <br />(m) While this Council desires to protect the fights conferred by the United States and <br /> California Constitutions to sexually oriented businesses, it does so in a manner that ensures <br /> the continued and orderly development of property within the City and diminishes, to the <br /> greatest extent feasible, those undesirable secondary effects which the aforementioned <br /> studies have shown to be associated with the development and operation of sexually <br /> oriented businesses. <br /> <br />(n) In enacting a nudity limitation, this Council declares that the limitation is a regulatory <br /> licensing provision and not a criminal offense. This Council has not provided a criminal <br /> penalty for a violation of the nudity limitation. This Council adopts such a limitation only <br /> as a condition of issuance and maintenance of a sexually oriented business permit issued <br /> pursuant to the amendment enacted hereby. <br /> <br />(o) This Council finds that preventing the exchange of money between entertainers and patrons <br /> also reduces the likelihood of drag and sex transactions occurring in sexually oriented <br /> businesses. <br /> <br />(p) Requiring separations between entertainers and patrons reduces the likelihood that such <br /> persons will negotiate narcotics sales and/or transact sexual favors within the sexually <br /> oriented business. <br /> <br />(q) Enclosed or concealed booths and dimly lit areas within sexually oriented businesses <br /> greatly increase the potential for misuse of the premises, including unlawful conduct of a <br /> type that facilitates transmission of disease. Requirements that all indoor areas be open to <br /> view by management at all times, and that adequate lighting be provided are necessary in <br /> <br />AdOrd- 1 4 <br />f/sh/sh/RC//ComDev <br />04/22/98 <br />DES:rg <br /> <br /> <br />