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WHEREAS, regulations in Chapter 5.96 were adopted to minimize the secondary <br />• negative impacts including the potential for illegal sexual activity, such as prostitution and <br />lewd conduct and thereby reduce the demand on public safety and law enforcement and <br />the potential for the involvement of organized crime in adult businesses; and to minimize <br />illegal activity and conduct which could cause the transmission of bodily fluids and /or <br />sexually transmitted diseases such as AIDS, and syphillis, and thereby preserve and <br />protect the health, safety, and welfare of Newport Beach residents and visitors; and <br />WHEREAS, a recent decision of the Federal Eleventh Circuit Court of Appeals has <br />found that a forty-five day time period to approve or deny an application was reasonable, <br />and, unless an applicant is allowed to begin operating when the City fails to make a <br />decision on the application within the time limit specified the ordinance is unconstitutional, <br />• and <br />WHEREAS, adoption of this Ordinance is of urgent necessity because the City <br />Council desires to have its ordinances comply with the Constitution and maintain legally <br />enforceable ordinances and regulations that will reduce the potential for negative <br />secondary impacts of adult oriented businesses within the City of Newport Beach; and <br />WHEREAS, it is not the intent of the City in adopting this Ordinance to enact <br />regulations which constitute a prior restraint on speech, but rather to enact content neutral <br />ordinances which address the legitimate concerns relating to the secondary effects adult <br />entertainment establishments may have on the City; and <br />WHEREAS, City Council finds that public peace, health and safety are jeopardized <br />by being forced to suffer the known secondary effects of adult businesses due to a <br />• potential judicial decision to enjoin City's otherwise constitutional regulations for lack of <br />providing an applicant the opportunity to begin operating where the City has failed to <br />