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378 <br /> <br /> H. The City Council f'mds the following, in part based upon its <br />understanding of the documents and judicial decisions in the public record: <br /> <br /> 1. Evidence indicates that some dancers, models and <br />entertainers, and other persons who publicly perform specified sexual activities or <br />publicly display specified anatomical parts in adult business uses (collectively referred <br />to as "performers") have been found to engage in sexual activities with patrons of <br />adult business uses on the site of the adult business use; <br /> <br /> 2. Evidence has demonstrated that performers employed by <br />adult business uses have been found to offer and provide private shows to patrons <br />who, for a price, are permitted to observe and participate with the performers in live <br />sex shows; <br /> <br /> 3. Evidence indicates that performers at adult business uses <br />have been found to engage in acts of prostitution with patrons of the establishment; <br /> <br /> 4. 'Evidence indicates that small rooms whose interiors cannot <br />be seen from public areas of the establishment regularly have been found to be used as <br />a location for engaging in unlawful sexual activity; and <br /> <br /> 5. As a result of the above, and the increase in incidents of <br />AIDS and Hepatitis B, which are both sexually transmitted diseases, the City has a <br />substantial interest in adopting regulations which will reduce, to the greatest extent <br />possible, the possibility for the occurrence of prostitution and casual sex acts at adult <br />businesses. <br /> <br /> I. It is not the intent of the City Council in enacting this Ordinance, or any <br />provision hereof, to condone or legitimize the distribution of obscene material or <br />material harmful to minors, and the City of Santa /ina recognizes that state law <br />prohibits the distribution of obscene materials and regulates the distribution of harmful' <br />materials. Moreover, nothing in this Ordinance is intended to authorize, legalize or <br />permit the establishment, operation or maintenance of any business, building or use in <br />the City of Santa Ana that violates any City ordinance or statute of the State of <br />California regarding the establishment of a public nuisance, unlawful or indecent <br />exposure, sexual conduct, lewdness, or obscene or harmful matter. <br /> <br /> J. It is not the intent of the City Council in adopting this Ordinance to <br />suppress any activities protected by the First Amendment, but rather to enact a <br /> <br /> <br />