HomeMy WebLinkAbout09/05/1995, 1 - EMERGENCY INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR 120 DAYS AND REPEALING SAN LUIS OBISPO MUNICIPAL CODE CHAPTER 5.40 MEETING DATE:
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FEM
COUNCIL AGENDA REPORT NUMBER: /
FROM: JEFFREY G. JORGENSEN, CITY ATTORNEY
PREPARED BY: � CINDY B. CLEMENS, ASSISTANT CITY ATTORNEY
SUBJECT: EMERGENCY INTERIM ORDINANCE PROHIBITING THE
ESTABLISHMENT OF ADULT ENTERTAINMENT
BUSINESSES FOR 120 DAYS AND REPEALING SAN LIIIS
OBISPO MUNICIPAL CODE CHAPTER 5.40
CAO
RECOMMENDATION: INTRODUCE AND ADOPT AN EMERGENCY INTERIM
ORDINANCE PROHIBITING THE ESTABLISHMENT OF
ADULT ENTERTAINMENT BUSINESS FOR 120 DAYS AND
REPEALING SAN LIIIS OBISPO MUNICIPAL CODE
CHAPTER 5.40
DISCUSSION:
Currently, the City regulates adult entertainment businesses by
requiring the operator to submit a license application which is
initially reviewed by the Community Development Department and the
Police Department, and ultimately reviewed for issuance by the City
Council. These regulations contain detailed requirements
pertaining to the qualifications of the operator, the interior
operation of the adult entertainment business premises, and they
also impose substantial locational distance requirements.
Specifically, the current regulations prohibit all adult
entertainment businesses from being located within one thousand
feet of schools, public facility districts, residential zones, and
within twelve hundred feet of another adult entertainment business.
There are currently no adult entertainment businesses operating
within the City nor are any applications for such businesses
pending.
The City Attorney's office has several concerns with these current
regulations. First, since these regulations were adopted, the
courts have issued numerous decisions affirming that the First
Amendment imposes limitations on both the substance of what
governmental regulations can require of speech-related activities
and the procedures by which those requirements can be implemented.
The courts are particularly concerned that giving officials the
power -to decide whether a license should be granted raises issues
of whether the discretion of those officials has been appropriately
limited to ensure that protected speech will not be suppressed.
Based on these concerns, the courts have established strict
guidelines for license provisions for adult entertainment
businesses. The current City license provisions do not appear to
meet these recent court guidelines.
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AII� COUNCIL AGENDA REPORT
The second concern is based on the lack of adequate design and
performance standards for adult entertainment businesses. The
courts have consistently upheld a city's right to require adult
entertainment businesses to comply with these types of regulations.
Typically, these design and performance standards regulate the
viewing of signs, advertisements or display matter depicting sexual
activities from the business' exterior, as well as imposing
separate entrance requirements and requiring a manager's station
with an. ability to observe all of the interior premises. The
existing City regulations do not include these design and
performance standards and should be amended to require adult
entertainment businesses to comply with such standards.
The third and final concern pertains to the locational
restrictions of the current regulations. While the courts have
held that locational restrictions are a permissible form of
regulation, a city which imposes such restrictions must be sure
that there is a genuine opportunity for adult entertainment
businesses to establish and operate in the City. While this does
not mean that the City must insure that land owners will rent to
the adult-oriented businesses, the imposition of locational
requirements cannot entirely rule out reasonable locations where
adult-oriented businesses may exist and compete in the market
place. The City Attorney's Office has conducted a thorough
analysis of these locational restrictions and is preparing
amendments to the existing regulations to ensure that there is an
adequate inventory of locations for adult entertainment businesses
in the City.
Based on the foregoing concerns, the City Attorney is recommending
several changes to the current adult entertainment business
regulations. However, there is a substantial risk that even the
discussion of amendments to the existing regulations will prompt
the opening of a new business which would not, in the ordinary
course of events, have begun at this time. This would be in order
to take advantage of current laws which may be changed to restrict
such a business in the future. Therefore, the City Attorney is
recommending the City Council adopt an emergency interim ordinance
which would repeal the existing adult entertainment regulations
found in Chapter 5.40 of the San Luis Obispo Municipal Code and
establish a 120 day moratorium on the establishment of any adult
entertainment business.
Based on the studies that are available, it appears that there
are substantial secondary effects of adult oriented businesses.
The land use study prepared by the Austin, Texas City Council
incorporated a brief overview of existing research from the cities
of Amarillo, Texas; Beaumont, Texas; Indianapolis, Indiana; Los
Angeles, California; Phoenix, Arizona; and St. Paul, Minnesota,
which pointed to adverse secondary effects of adult entertainment
businesses. An excerpt of that overview is attached to this
report. Additionally, summaries of studies provided by the
National Law Center for Children and Families are also attached to
'111111111111111411 II city of San tuts OBISPO
Nii% COUNCIL AGENDA REPORT
this report. These studies indicate that without this interim
ordinance, there will be a current and immediate threat to the
public health, safety, and welfare based on the lack of lawful and
complete regulations which are the critical tool in combating the
secondary effects, namely, reduction of the quality of urban life,
increase in crime, diminished retail trade, diminished property
values, diminished tourism and urban blight.
The duration of the emergency interim ordinance would be 120 days
and would take effect immediately upon Council adoption by four
affirmative votes. This should provide enough time to process and
adopt the necessary amendments.
CONCURRENCES:
The Community Development Department and the Police Department have
reviewed this emergency interim ordinance and agree that it is
needed to protect the community from the secondary effects of adult
entertainment businesses while processing the necessary amendments
to the existing adult entertainment business regulations.
ALTERNATIVES:
1. Do not adopt the emergency interim moratorium but direct staff
to process the amendments. The risk with this alternative, as
discussed above, is that the mere discussion of this item and
subsequent staff action may trigger someone to immediately
establish a business to avoid the new regulations. Since the
current regulations raise questions of enforceability, there would
be little protection for the community from the secondary effects
of such a business.
2 . Do not adopt the emergency interim moratorium, do not direct
staff to process the amendments, and retain the current
regulations. Given the changes in the case law which call into
question the continued viability of the existing adult
entertainment business regulations, this would be a very risky
alternative to pursue.
FISCAL IMPACT:
There will be no fiscal impact incurred by the repeal of Chapter
5.40 or by the adoption of the proposed ordinance.
CBC/sw
Attachments:
1. Emergency Interim Ordinance
2. Current SLOMC 5.40
3 . Excerpt from the Report on Adult Oriented Business
prepared for the Austin, TX City Council
ORDINANCE NO. (1995 Series)
AN EMERGENCY INTERIM ORDINANCE OF THE
CITY OF SAN LUIS OBISPO PROHIBITING THE
ESTABLISHMENT OF AN ADULT ENTERTAINMENT BUSINESS
AND REPEALING SAN LUIS OBISPO MUNICIPAL CODE
CHAPTER 5.40
WHEREAS, the City of San Luis Obispo currently regulates adult
entertainment businesses by requiring the operator to obtain a
license from the City Council and imposing significant locational
restrictions, but does not require specific design and performance
standards for adult entertainment businesses; and
WHEREAS, numerous recent decisions from the state and federal
courts have invalidated municipal license procedures for adult
entertainment businesses based on the courts' concerns that
requiring such licenses often operates as unlawful prior restraint
on commercial free speech rights and violates the constitutional
principle of due process; and
WHEREAS, numerous recent decisions from the state and federal
courts have held that locational restrictions cannot entirely rule
out reasonable locations where adult-oriented businesses may exist
or compete in the marketplace; and
WHEREAS, based upon the studies submitted, the City Council
finds and determines that there are substantial negative adverse
secondary effects of adult bookstores, adult movie theaters or
other adult oriented businesses including live adult entertainment,
which include, among other things, an increase in crime and a
decrease in property values and retail trade; and
WHEREAS, under Section 605 of the City Charter, the City
Council may adopt an emergency measure for preserving the public
peace, health or safety which may be adopted at once if passed by
at least four affirmative votes; and
WHEREAS, based on the concerns over the validity of . the
current locational criteria, the lack of design/performance
standards for adult entertainment businesses and questions
concerning the enforceability of the license provisions in
Municipal Code Chapter 5.40, the City Council finds and determines
that there is a current and immediate threat to the public health,
safety, or welfare from the secondary effects of adult-oriented
businesses that could be located in the City, such as reduction of
the quality of urban life, increase in crime, diminished retail
trade, diminished property values, diminished tourism and urban
blight; and
WHEREAS, the City Council finds that the immediate imposition
of a one hundred twenty (120) day moratorium on the establishment
Attachment 1
Ordinance No. (1995 Series)
Page Two
of any adult entertainment businesses by adoption of this emergency
ordinance will prevent the influx of applications for adult
entertainment business licenses, under the existing license and
locational provisions, that may otherwise occur while new
locational criteria and design/performance standards are under
review.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
San Luis Obispo as follows:
SECTION 1: San Luis Obispo Municipal Code Chapter 5.40 is
hereby repealed in its entirety.
SECTION 2: Interim Prohibitions. No "adult entertainment
business" as defined in Section 3 (A) of this Ordinance shall be
established in any area of the City of San Luis Obispo during the
120 calendar days following the adoption of this Ordinance.
SECTION 3: Definitions: For purposes of this Emergency
Interim Ordinance, the following terms shall be defined as follows:
A. "Adult entertainment business" shall mean those
businesses defined as follows:
1. Adult bookstore, adult novelty store, or adult video
store is an establishment with more than 25% of: (a) its floor
area devoted to; or (b) stock-in-trade consisting of; or (c) gross
revenues derived from, and offering for sale for any form of
consideration, any one or more of the following:
a. Books, magazines, periodicals or other printed
matter, photographs, drawings, motion pictures, slides, films,
tapes, video cassettes, records, or other visual or audio
representations which are characterized by an emphasis upon the
depiction or description of "specified sexual activities" or
"specified anatomical areas. "
b. Instruments, devices or paraphernalia which are
designed to be used in connection with "specified sexual
activities;" or
C. Goods which are replicas of, or which simulate
"specified anatomical areas, " or goods which are designed to be
placed on or in "specified anatomical areas, " or to be used in
conjunction with "specified sexual activities".
2 . "Adult live entertainment theater" means any place,
building, enclosure or structure, partially or entirely used for
"live adult entertainment" performances or presentations
characterized by an emphasis on depicting, exposing, displaying,
describing or relating to "specified sexual activities" or
ordinance No. (1995 Series)
Page Three
"specified anatomical areas" for observation by. patrons or
customers therein.
"Live adult entertainment" means any physical human body
activity, whether performed or engaged in alone or with other
persons, including but not limited to singing, walking, speaking,
dancing, acting, posing, simulating, wrestling or pantomiming, in
which the performer or performers expose to public view without
opaque covering "specified anatomical areas" for entertainment
value for any form of consideration.
3. "Adult motion picture or video arcade" means any business
wherein coin, paper, note, or token operated or electronically,
electrically, or mechanically controlled. still or motion picture
machines, projectors, or other image-producing devices are
maintained to show images to four or fewer persons per machine, at
any one time, and where the predominant character or theme of the
images so displayed is distinguished or characterized by its
emphasis on matter depicting, or relating to "specified sexual
activities" or "specified anatomical areas. "
4. "Adult motion picture theater" means any business, other
than a hotel or motel which provides closed circuit viewing to each
individual room as a secondary service to its motel customers, with
the capacity of five or more persons where, for any form of
consideration, films, motion pictures, video cassettes, slides, or
similar photographic reproductions in which the predominant
character and theme is distinguished or characterized by its
emphasis on matter depicting or relating to "specified sexual
activities" or "specified anatomical areas" as defined in this
section. This incudes, without limitation, showing any such
slides, motion pictures or videos by means of any videotape system
which has a display, viewer, screen, or a television set.
5. "Exceptions. " An "adult entertainment business" shall
not include:
a. Bona fide medical establishments operated by
properly licensed and registered medical and psychological
personnel with appropriate medical or professional credentials for
the treatment of patients.
b. Persons depicting "specified anatomical areas" in a
modeling class operated:
(1) By a college, junior college, or university
supported entirely or partly by public revenue; or
(2) By a private college r university
maintains and operates educational programs in which credits wareh
Ordinance No. (1995 Series)
Page Four
transferable to a college, junior college, or university supported
entirely or partly by public revenue; or
(3) In a structure operated either as a profit or
not-for-profit facility
(a) which has no sign visible from the exterior of
the structure and no other advertising that indicates a nude person
is available for viewing; and
(b) where, in order to participate in a class a
student must enroll at least three days in advance of the class.
C. The practice of massage in compliance with Chapter
5.56 of this Code.
B. "Establish. " "Establish" shall mean and include any of
the following:
1. The opening or commencement of any adult entertainment
business as defined in this Section; or
2. The conversion of an existing business, whether or not an
adult entertainment business, to any adult entertainment business
as defined in this Section; or
3 . The relocation of any adult entertainment business; or
4. The addition of any of the "adult entertainment
businesses" defined herein to any other existing adult
entertainment business.
C. "Specified anatomical areas. " "Specified anatomical
areas shall include the following:
1. Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, and/or the female breast
below a point immediately above the top of the areola; and
2 . Human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
D. "Specified sexual activities. " "Specified sexual
activities" shall include the following:
1. Actual or simulated sexual intercourse, oral
copulation and intercourse, oral-anal copulation, bestiality,
direct physical stimulation of unclothed genitals, flagellation or
torture in the context of sexual relationship, or the use of
excretory functions in the context of a sexual relationship, and
Ordinance No. (1995 Series)
Page Five
any of the following sexually oriented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;
or
2. Clearly depicted human genitals in a state of sexual
stimulation, arousal or tumescence; or
3. Human or animal masturbation, sodomy, oral
copulation, coitus, ejaculation; or
4. Fondling or touching of nude human genitals, public
region, buttocks or female breast; or
5. Masochism, erotic or sexually oriented torture,
beating or the infliction of pain; or
6. Erotic or lewd touching, lewd fondling or other lewd
contact with an animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or
anal irrigations.
SECTION 4: Duration. This Emergency Interim Ordinance shall
terminate and be of no further force or effect 120 calendar days
from the date of adoption unless extended by action of the City
Council.
SECTION 5: Severability. If any provision, section,
subsection sentence, clause or phrase of this ordinance, or the
application of same to any person or set of circumstances if for
any reason is held to be unconstitutional. , void or invalid, the
invalidity of the remaining portions of this Ordinance shall not be
affected thereby, it being the intent of the City Council in
adopting this Ordinance that no portion thereof, or provisions, or
regulations contained herein, shall become inoperative., or fail by
reason of any unconstitutionality of any other portion hereof, and
all provisions of this Ordinance are declared to be severable for
that purpose.
SECTION 6: Effective Date. This Ordinance is, for the
reasons specified in Section 1 of the Ordinance, declared to be
necessary as an emergency measure for preserving the public peace,
health and safety, and is therefore adopted as emergency
legislation and shall be effective immediately. The City Clerk
shall cause a summary of this Ordinance, approved by the City
Attorney, to be published within five (5) days of passage in a
newspaper of general circulation, but delay in publication, or even
failure to publish, shall not affect its validity. A copy of the
full text of this ordinance shall be on file in the office of the
O
Ordinance No. (1995 Series)
Page Six
City Clerk on and after the date following passage and shall be
available to any interested member of the public.
INTRODUCED AND FINALLY PASSED by the Council of the City of
San Luis Obispo at a meeting held on the day of
1995, on motion of -1
seconded by
and on the following roll call vote:
Ayes:
Noes:
Absent:
Mayor Allen Settle
ATTEST:
City Clerk
APPROVED:
City 6inis ative ff cer
tt
rt
CURRENT SAN LUIS OBISPO 'MUNICIPAL CODE
CHAPTER 5..40
Attachment 2
i
5.40.010-5.40.020
Chapter 5.40 dards for operators of adult entertainment
establishments. (Ord. 925 § 1 (part), 1982:prior
ADULT ENTERTAINMENT code§4800)
ESTABLISHMENTS
5.40.020 Definitions.
Sections: For the purpose of this chapter, unless the
5.40.010 Purpose and intent. context clearly requires a different meaning,the
5.40.020 Definitions. words,terms and phrases set forth in this section
5.40.030 License—Required— have the meanings given them in this section:
Issuance—Grounds for denial. A. Adult entertainment enterprise" means:
5.40.040 License—Application— 1. Any activity wherein is furnished for a fee
Contents. or charge or any consideration the opportunity
5.40.050 License—Application and to paint,feel,handle,touch,to be in the presence
inspection fees—Renewal. of or be entertained by,the unclothed body or the
5.40.060 License—Council's decision to unclothed portion of the body of another person,
grant or deny final—Conditions or be so painted, felt, handled, touched, or
for granting. observed by another person or to observe. view
5.40.070 Facility and operation or photograph any such activity, and shall
requirements. include.but not be limited to the following busi-
5.40.080 Inspections. ness activities and activities similar thereto:nude
5.40.090 Name. encounter studios, adult or nude dance studios,
5.40.100 Location change. adult or nude exhibitions, peep shows. nude
5.40.110 License—Transfer prohibited. wrestling centers, adult or nude art or photo-
5.40.120 License—Display—Display of graph studios,and adult physical culture centers.
licensee's and employees' "Unclothed portion of the body" means a state
photographs. of dress so as to expose the female breast below a
5.40.130 License—Suspension and point immediately above the top of the areola.
revocation. male or female genitals. pubic areas.buttocks or
5.40.140 Compliance with provisions by female breast with only the nipple and areola
existing establishments. covered;
5.40.150 Applicability of other code 2. Any activity wherein a substantial part of
provisions. the operation consists of the sale or dissemina-
5.40.160 Interpretation. tion of paraphernalia and apparatus which aid or
5.40.170 Applicability of provisions to assist in the stimulation and/or performance of
adult theaters and adult sexual activity,
bookstores. 3. Adult theaters are included Yvithin the
terms "adult entertainment enterprise" and
5.40.010 Purpose and intent. - ..adult entertainment establishment."An"adult
The purpose and intent of this chapter is to theater" is an operation in which on thirty per-
orovide for the orderly regulation of adult enter- cent or more of the days the operation is open for
'tinment establishments. as defined in Section business any motion pictures shown carry an
40.020, in the interests of the public health, "X" rating as determined by the Academy of
°tv and welfare by providing certain mini- Motion Picture Arts and Sciences, or to which
n building, sanitation, health and related minors are not admitted,or with respect to which
'ards and regulations for adult entertain- advertising for the pictures is contained in the
— establishments, and by providing stan- adult theaters section of local newspapers.or in
. .�� Obispo 7.87) 128
1
{
t
}
5.40.030
which sexual intercourse, oral copulation, mas- manager,supervisor and worker,whether paid or
turbation or homosexual acts are actually shown not,who renders personal services of any nature
or simulated; in the conduct of the adult entertainment
4. Adult book stores are within the terms enterprise.
adult entertainment enterprise and adult enter- D. "License'means the license to operate an
tainment establishment. "Adult book store' adult entertainment establishment as required
means any premises in which twenty percent or by this chapter.
more of the titles offered or to which twenty E. "Person"means any individual,firm,asso-
percent or more of the actual display area of the ciation, partnership,'corporation.
orporation,joint venture,
store is devoted, whichever is less, depicts or or combination of individuals. (Ord. 925 § I
describes any of the acts set forth in subsection (part), 1982: prior code §480 1)
A3 ofthis section,orto which any ofthe advertis-
ing mentioned in subsection A3 of this section is 5.40.030 License—Required—Issuance—
made.This section does not apply to displays of Grounds for denial.
up to ten periodicals in the premises in which It is unlawful for any person to engage in,
sales of the same are incidental to other business; conduct, or carry on, in or upon any premises
5. The following are specifically excluded within the city the operation of an adult enter-
from the meaning of the term adult entertain- tainment establishment without the license
ment enterprise: obtained from the council as required by this .
a. Physicians, surgeons, chiropractors. chapter. An adult entertainment license shall be
osteopaths or physical therapists who are duly issued to any person who has complied with the
licensed to practice their respective professions requirements of Sections 5.40.040 and 5.40.070
in the state; and all other applicable provisions of this code,
b. Nurses registered under the laws of the including application for and granting of a use
state; permit, unless grounds for denial of such license
c. Trainers of any amateur, semiprofessional are found to exist. Grounds for denial include:
or professional athlete, or athletic team; A. The applicant made a material misstate-
d. Barbers and beauticians who are duly ment in the application for a license;
licensed under the laws of the state; B. The applicant has,within five years imme-
e.. Any activity conducted or sponsored by diately preceding the date of the filing of the
any school district or other public agency;and application,been convicted in a court of compe-
f. Any activity conducted by a person pur- tent jurisdiction of an offense involving conduct
suant to any license issued by the state or any which requires registration under California
agency thereof charged with the responsibility of Penal Code Section 290,or any violation of Sec-
licensing,prescribing standards for andsupervis- tions 311 through 311.7, 313.1, 314, 315, 316.
ing such activity or profession. 318 or 647(b),647(d)or 647)h)-of the California
B. "Adult entertainment establishment" Penal Code, or of anv offense involving theft of
means any establishment or place of operation property or violence.The mandatory provisions
where any individual,firm, association,partner- of this subsection shall not apply to adult theaters
ship, corporation,joint venture or combination or adult bookstores. Prior to denying a license
of individuals engages in, conducts, operates, under this chapter for either of the activities by
carries on or permits to be engaged in, con- reason of such conviction,the council shall make
ducted, operated or carried on any adult enter- a finding that by reason of the nature of the
tainment enterprise regardless of whether any conviction or underlying facts, or by reason of
ot.Ur use.is also conducted on the premises. the anticipated nature of the activities to be car-
C. -Employee" means every owner, partner, ried out under the license applied for, or by rea-
129
/-/Z
5.40.040
son of any other relevant factors,the issuance of C. The applicant shall allow a police depart-
such license would be inconsistent with the gen- ment official to take photographs of the
eral health, safety and welfare; applicant;
C. That the operation of an adult entertain- D. Applicant's height, weight, color of eyes
ment establishment, as proposed by the appli- and hair;
cant, if permitted, would not comply with all E. Business, occupation or employment his-
applicable laws including, but not limited to, all tory of the applicant for the three years immedi- _
city ordinances and regulations; ately preceding the date of the application;
D. That the operation of the proposed adult F. if the applicant is-a corporation,the name
entertainment establishment is likely to be inju- of the corporation shall be set forth exactly as
nous to the health, safety,welfare and interest of shown in its articles of incorporation, together
the people of the city; with the names and residence addresses of each
E. That the applicant is lacking in the back- of its officers, directors, and each stockholder
ground and qualifications to conduct a bona fide holding more than five percent of the stock of the
adult entertainment establishment; or corporation along with the amount of stock held.
F. That the applicant has violated any provi- If the applicant is a partnership, the application
sion of this chapter,or of any similar ordinance, shall set forth the name and residence address of
law, rule or regulation of another public agency each of the partners, including limited partners.
which regulates the operation of adult entertain- If one or more of the partners is a corporation,
ment establishments. (Ord. 925 § 1 (pan), 1982: the provisions of this section pertaining to a cor-
prior code§4802) porate applicant shall apply;
G. The names and residence addresses of all
5.40.040 License—Application—Contents. persons currently employed or intended to be
Any application for a license to operate an employed in the adult entertainment establish-
adult entertainment establishment shall be made ment, regardless of the nature of employment,
with the community development director and along with the proposed or actual nature of the
shall be accompanied by an application for use work performed or to be performed and recent
permit as required by Division 1 of Title 17. passport-size photographs of each employee,
Notice and hearing requirements shall be as pro- suitable to the community development director.
vided for notice and hearing of the use permit The director of community development shall
concurrently applied for. The application shall require each such employee to allow fingerprints
set forth the exact nature of the activities pro- to be taken by a police department official forthe
posed to be conducted, the proposed place of purpose of identification. Any applicant or
business and facilities therefor and the name and licensee shall notify the city in writing of the
address of each applicant. The director of com- names and addresses and shall supply such pho-
munity development shall require the applicant tographs of any new employees within five days
to allow fingerprints to be taken by the police of such employment. Such new employees shall
department for the purpose of establishing4den- allow fingerprints to be taken for identification
tification.Any applicant shall furnish the follow- purposes;
ing information: H. Such other information as may be deemed
A. The previous address of each applicant, if necessary by the director of community develop-
any,for a period of three years immediately prior ment and the chief of police.(Ord.925'§ 1 (part),
to the date of the application and the dates of 1982: prior code §4804)
residence of each;
B. Written proof that the applicant is at least
eighteen'years of age;
130
1- 13
5.40.050-5.40.070
5.40.050 License—Application and allow for adequate ventilation in cubicles.rooms
inspection fees—Renewal. and areas provided for patrons' use. Which are
Any application for a license to operate an not serviced directly by required window or
adult entertainment establishment shall be mechanical systems of ventilation, partitions
accompanied by a nonrefundable fee as estab- shall be constructed so that the height of parti-
lished by the council. The application fee and tions does not exceed seventy-five percent of the
_ any inspection fees charged hereunder,shall be in floor-to-ceiling height of the area in which they
sufficient amounts to fully defray administrative are located.
costs incurred in the processing ofan application E. All plumbing and electrical installations
or inspection, and are not made in lieu of any shall be installed under permit and inspection of
other fees or taxes required under this code. A the building inspection department, and such
license to operate an adult entertainment estab- installations shall be installed in accordance with
lishment shall be renewed annually. The nonre- the Uniform Building Code and the Uniform
fundable renewal fee shall be established by the Plumbing Code.
council. (Ord. 925 § I (part), 1982: prior code § F. The,.allsinall rooms where water orsteam
4803) baths are given shall have a washable, mold
resistant surface.
5.40.060 License—Council's decision to G. All lavatories or washbasins shall be pro-
grant or deny final—Conditions for vided with hot and cold running water.soap and
granting. single-service towels in wall-mounted
The decision of the council to grant or deny a dispensers.
license application is final.Granting of a license H. Security deposit facilities capable of being
shall be subject to any reasonable conditions locked by the patron ora security bagthatmay be
attached by the council. (Ord. 935 § 1 (part), carried by the patron shall be available for the
1982: prior code §4805) protection of the valuables of the patron.
I. Every portion of the establishment,includ-
5.40.070 Facility and operation ing appliances,apparatus and personnel,shall be
requirements. kept clean and operated in a sanitary condition.
All adult entertainment establishments shall J. All such establishments shall be provided
comply with the following facilities and opera- with clean and sanitary towels,sheets and linens
tions requirements: in sufficient quantity. Towels, sheets and linens
A. Such establishments shall comply with all shall not be used by more than one person.Reuse
code requirements. of such linen is prohibited unless the same has
B. A minimum of one tub or shower,and one first been laundered.
toilet and washbasin shall be provided in every K. All walls, ceilings, floors. pools, showers.
such establishment, except that this provision bathtubs, steamrooms and- all other physical
shall not apply to adult bookstores or adult the- facilities for the establishment must be in good
aters,unless the establishments offer other adult repair and maintained in a clean and sanitary
entertainment in addition to the sale of literature condition. Wet and dry heatrooms, steam or
or showing of movies. vapor rooms,or steam or vapor cabinets.shower
C. Cabinets or other covered spaces shall be compartments and toilet rooms shall be thor-
provided for the storage ofclean linen.Approved oughly cleaned and disinfected each daythe busi-
receptacles shall be provided for the storage of all ness is in operation.Bathtubs shall be thoroughly
soiled linen and paper towels. cleaned and disinfected after each use.
p. Minimum ventilation shall be provided in L. Disinfecting agents and sterilizing equip-
accordance with the building code of the city.To ment shall be provided for any instruments used
131
5.40.080-5.40.100
in performing any services involving contact points on the exterior property lines or area
with any patron, and the instruments shall be boundaries of the parcels or areas involved,
disinfected and sterilized after each use. except that when an enterprise subject to the
M. Pads used on any tables shall be covered provisions of this section occupies one unit of a
with durable washable plastic or other acceptable multiunit structure located on a single parcel,
waterproof material. distances shall be measured from the exterior
N. Each service offered,the price thereof,and boundaries of the unit so occupied.
the minimum length oftime such service shall be Q. Adult entertainment establishments shall
performed shall be posted in a conspicuous pub- be made available for inspections as provided in
lic location in each establishment:provided,this Section 5.40.080.(Ord.925§ I (part), 1982:prior
information shall be posted so as not to be visible code§4806)
from the outside of the premises. All letters and
numbers shall be capitals and not less than one- 5.40.080 Inspections.
half inch in height. Any and all investigating officials of the city
O. Adult entertainment establishments shall shall have the right to enter adult entertainment
not be open to operation from ten p.m. to ten establishments from time to time during regular
a.m.. or such more restrictive hours as may be business hours and oh such periodic bases as may
imposed by the council as a condition of be required by the council as a condition of
approval of the license. approval of the license, to make reasonable
P. No adult entertainment established shall be inspections to observe and enforce compliance
allowed: with building, fire, electrical, plumbing, health,
1. Within one thousand feet of the exterior zoning regulations or provisions of this chapter.
property limits of any public or private elemen- The council shall establish fees for these inspec-
tar school.junior high school or high school; tions. A warrant shall be obtained whenever
3. Within one thousand feet of the exterior required by la%v. (Ord. 925 § 1 (part), 1982: prior
limits of a PF district or any district where resi- code § 4807)
dential use is the principal permitted use;
3. Within twelve hundred feet of the exterior 5.40.090 Name.
property limits of any premises lawfully No person licensed to operate an adult enter-
occupied by an adult entertainment establish- tainment establishment shall operate under any
ment. For the purpose of determining com- name or conduct business under any designation
pliance with the standard set forth in this not specified in the license. (Ord. 925 § 1 (part),
subdivision, as to, between and with respect to 1982: prior code § 4808)
establishments lawfully in operation on the effec-
tive date ofthe ordinance codified in this section, 5.40.100 Location change.
priority between such existing establishments Upon a change of location-of an-adult enter-
shall be assigned in accordance with the date tainment establishment, an application to the
upon which the establishments commenced director of community development shall be
such lawful operation,priority being given to the made,and such application shall be granted pro-
establishment having the earliest of such dates. %ided all applicable provisions of this code are
In the event any dispute arises regarding such complied with and a change of location fee as
date, the applicant shall have the obligation to established by the council to defray the adminis-
establish the date on which he commenced law- trative costs incurred has been paid.(Ord.925§ 1
ful operation. All distances referred to in this (part), 1982: prior code§4809)
subsection shall be measured between the closest
132
i
5.40.110-5.40.160
5.40.110 License—Transfer prohibited. ply with all provisions of this section and obtain
No license issued pursuant to the provisions such license within three years of the effective
of this chapter shall be assigned or transferred in date of the ordinance codified in this chapter,
any manner, nor shall any person other than provided,however,that any such establishment
those therein mentioned engage in the enter- which intends in any way to transfer ownership
prise for which the license is issued. As used in or alter or change the nature of any such adult
this section, "transfer" includes,but is not lim- entertainment establishment on or after the
ited to, any modification of a business entity effective date of this section shall obtain a
operating an enterprise,or otherwise required to license pursuant to this chapter prior to such
be disclosed pursuant to Section 5.40.040, transfer, alteration or change. Any such use
including transfer of more than ten percent of which, at the expiration of the period is not in
the stock of any corporation. (Ord. 925 § 1 compliance with the provisions of this chapter
(part), 1982: prior code §48 10) and in possession of validly issued license shall
at that time discontinue and abate the operation
5.40.120 License—Display—Display of of the enterprise.
licensee's and employees' B. Any establishment legally existing on the
photographs. effective date ofthis chapter and which is denied
The owner or operator of an adult entertain- a license solely by reason of its noncompliance
ment establishment shall display the with Section 5.40.070P and for which alicense
establishment license in an open and conspic- would otherwise have been issued, shall'be
uous place on the premises. Passport-size pho- issued a limited-term license. The limited-term
tographs of the licensee and all employees shall license shall contain a statement on its face that
be affixed on the license on display pursuant to the operation is being allowed to continue pur-
this section.(Ord.925§I (part), 1982:priorcode suant to the provisions of this section and state
§ 4811) the expiration date of the period oflawful opera-
tion and that the limited-term license shall not
5.40.130 License—Suspension and be renewed beyond the date.Any establishment
revocation. operating pursuant to such limited-term license
Any license granted under this chapter may shall be subject to all provisions of this chapter,
be suspended or revoked for violation or breach except for the provision of Section 5.40.070P as
of any applicable code provision or condition of provided in this section. (Ord. 925 § 1 (part),
issuance. (Ord. 925 § 1 (pan), 1982: prior code § 1982: prior code § 4813)
4812)
5.40.150 Applicability of other code
5.40.140 Compliance with provisions by provisions.
existing establishments. As pertinent, other provisions of this code
A. Any operators of any establishment sub- and other laws,rules and regulations shall apply
ject to the provisions of this chapter,and legally to the subject matter of this chapter.(Ord. 925§
• doing business on the effective date of the ordi- 1 (part), 1982: prior code§4814)
nance codified in this chapter,shall comply with
all application and other requirements, except 5.40.160 Interpretation.
the requirements that a use permit be obtained, Nothing in this code authorizes, legalizes or
within sixty days of the effective date of the permits the establishment, operating or mainte-
ordinance codified in this chapter. Any such nance of any business,building or activity which
establishment which after application is denied violates any provision of this code or provision of
aZicerise by the city solely by reason of its non- the California Penal or Civil Codes regarding
compliance with Section 5.40.070P shall com- nuisances, sexual conduct, lewdness, assigna-
133 Ilan Luis Obispo 7-89)
���lo
5.40.170-5.44.010
tion,prostitution,or obscene or harmful matter, 5.44.090 Application for rent
nor shall the use of such language be interpreted adjustment—Evaluation—
to legalize those types of businesses which from Relevant factors.
time to time have been regarded"per se" moral 5.44.100 Application for rent
public nuisances.(Ord.925§ 1(part), 1982:prior adjustment—Hearing—
code § 4815) Determination.
5.44.110 Application for rent
- 5.40.170 Applicability of provisions to adult adjustment—Hearing—Appeal.
theaters and adult bookstores. 5.44.120 Rent increases not made in
With respect to adult theaters and adult book- conformity vvit h provisions—
stores applying for a license and permit under the Tenant's right to refuse to pay.
terms of this chapter,the council shall make no 5.44.130 Actions brought to recover
determination on such application without first possession of mobile home
considering a report ofthe city attorney concern- space—Retaliatory eviction
ing the appropriateness of applying the standards grounds for denial.
set out in this chapter. If so advised by the city 5.44.140 Owner to provide tenants with
attorney that any or all standards set out in this copy of this chapter.
chapter may not properly be applied to the adult 5.44.141 Amendment.
bookstore or adult theater application,the coun- 5.44.142 Severability.
cil shall not apply such standards. (Ord. 967 § 1, *Nor history...Ords.923.1020.1077.1079.and 1091;prior code§§
1983: prior code §4816) 4800 through 4802.4804 through 4809 and 4811 through 4813.
5.44.010 Purpose and intent.
Chapter .5.44 A. There is presently within the city.and the
surrounding areas a shortage of spaces for the
MOBILE HOME PARK location of mobile homes. Because of this short-
RENT STABILIZATION* age, there is a very low vacancy rate, and rents
have been for several years, and are presently,
Sections: rising rapidly and causing concern among a sub-
5.44.010 Purpose and intent. stantial number of San Luis Obispo residents.
5.44.020 Definitions. B. Mobile home tenants,forced by the lack of
5.44.030 Exemptions. suitable alternative housing, have had to pay the
5.44.040 Mobile home park owner rent increases and thereby suffer a further reduc-
exemptions under Section tion in their standard of living.
5.44.030(F). C. Because of the high cost.and imprac-
5.44.050 City council—Powers and ticability of moving mobile homes,the potential
duties. _ for damage resulting therefrom, the require-
5.44.060 Base space rent— ments relating to tho installation of mobile
Determination—Allowable homes, including permits, landscaping and site
increases without hearing. preparation,the lack of alternative homesites for
5.44.070 Application for rent mobile home residents, and the substantial
adjustment—Fee--Contents— investment of mobile home owners in such
Notice of request—Hearing. homes, this council finds and declares it neces-
5.44.080 Application for rent sary to protect the owners and occupiers of
adjustment—Conduct of mobile homes from unreasonable rent increases,
hearing.
(s.n Luis Obispo 7.89) 134
City of Austin
AUSTIN CITY COUNCIL
MAYOR
Frank C. Cooksey
MAYOR PRO TEM
otJohn Trevino, Jr. ---
COUNCIL MEMBERS
Mark Rose
Smoot Carl—Mitchell
r...- Sally Shipman
George Humphrey
Charles E. Urdy
It
CITY MANAGER
Jorge Carrasco
REPORT ON ADULT ORIENTED
BUSINESSES IN AUSTIN
Prepared By
Office of Land Development Services
May 190 1986
dt
Attachment 3 Ar
CHAPTER II
SUMMARY OF EXISTING RESEARCH
This chapter presents a brief overview of existing research and
regulations written to address adult oriented businesses in various
parts of the country. An understanding of the effects of adult
oriented businesses on surrounding properties andthe legal basis for
regulations controling such businesses is critical in developing an
ordinance for Austin.
A. ANALYSIS OF EXISTING RESEARCH
Amarillo, Texas
The City of Amarillo's study, A Report on ZoniD2 and Other Methods of
Regulating Adult Entertainment Uses in Amari o, concluded that adult
entertainment uses are distinguishable from other businesses in that
they have negative impacts on surrounding land uses. The study
established a relationship between high crime rates and proximity to
adult businesses. Furthermore, the study found that the late operating .
hours of most adult businesses created special problems to surrounding
neighborhoods in the form of noise, glare, and traffic.
Beaumont, Texas
A planning department study done for the Charlton-Pollard Neighborhood
in Beaumont, Texas investigated the effect of adult businesses on
economic decline and crime. The study concluded that the
concentration of adult businesses drove away neighborhood commercial
stores and contributed to an increase in crimes such as prostitution,
drug use, and muggings.
Indianapolis, Indiana
in February, 1984, the Division of Planning in Indianapolis published
a report titled Adult Entertainment_ Businesses in Indianapolis: An
Analysis. This report contained the results of an evaluation o?-We-
impact
rtheimpact of adult business upon surrounding areas in terms of crime-
rates and real estate values. The study assessed the impact of adult
entertainment businesses on crime rates by researching six areas
containing ' adult businesses and six similar areas containing no adult
businesses. A comparison of these areas revealed that sex-related
crime rates were 77 percent higher in areas containing adult
businesses.
i
2 i�9
evaluated the impact of adult
vie second portion of the study surveying professional real estate
bu!;inesses on real estate wcreecorducted. The first surveyed opinions
appraisers. Two surveysute of raisers
of members of the Amer areasan s' in size to Indianapolis.
practicing in 22 metropolitanle of AIRFA members drawn at a
The second survey was a 203 random lamp 783 of those
national level. in the metropolitan area survey,
surveyed felt that residential property values would decrease if
surve
located within one block of 80% oftnthosesurveyedess. efeltional resid nt al
generated similar results
property values would decrease if located within a block of an adult
business.
Los Angeles, California
Department of City Planning for Los Angeles published a report in
The of the Effects of the Concentration of
June, 1977 entitled Stud1111
Adult Entertainments Esctblofshmeits�5nnessesCon both Lcrime rates and
eva natio11 n o the -•� Crime rates were evaluated by
property values was conducted.
comparing the Hollywood area with the remainder of the city.
was selected as a study area because of its high
Hollywood focused on the years
�. concentration of adult businesses. The study
*w• 1969 to 1975, during which the number of adult businessecostitutieon
from 11 to 88 establishmentaCe The
udy l5 timelated g a�tthn the city
arrests in the Hollywood
average. real
rt, the Los Angeles study surveyed
Like the Indianapolis. repo impact of adult businesses on property
estate appraisers to assess the ration of the
values. Over
would decreaseose stheemarketed lvaluetof privateresidences
adult business
located within 1000 feet of the adult business. Eighty-seven pecten
entration of ld
indicated
alue he business property located in the vit businesses cinitY ofrsuch
the et
establishments.
Los pngeles County, California
In April, 1978, the Department of• Regional Planning of the Ludy.county of
Los Angeles published a study entitled Adult Entertainmentaw en orcement
Pro sed Zona ordinance Amendment• in t e st indicated that
o firers were surve Responses fres the surveys her incidence
areas with a concentration of adult businesseaihaurbing the peace, and
intoxication, theft► assault,
Respondents indicated that nude bars,
sex-related vice. modeling
of public
studios, and massage parlors caused the most individual problems.
o20
Phoenix, Arizona
The City of Phoenix study investigated the incidence of crime by
comparing three study areas containing adult businesses with three
control areas without adult businesses. They concluded" that crimes
were 43 percent higher, violent crimes were 4 percent higher, and sex
related crimes were over 500 percent higher in the study areas.
St. Paul Minnesota
The planning department in St. Paul conducted a study entitled Effects
on Surrounding Area of Adult Entertainment Businesses. The st di
foundthat there was a statistically significant correlation between
diminished housing values and crime rates and the location of adult
businesses. The study also concluded that there was a stronger
correlation with neighborhood deterioration after the establishment of
an adult business.
B. LEGAL BASIS
Regulation of adult businesses has taken a variety of forms in cities
throughout America. Boston, Massachusetts, for example, has adopted
an ordinance that restricts all adult businesses to a single
geographic area known as the "Combat Zone". Detroit, Michigan,on the
other . hand, enacted an ordinance intended to ' disperse adult
businesses. This ordinance, passed in 1972, prohibited adult
entertainment businesses within 500 feet of a residential area or
within 1000 feet of any two other regulated uses. The term "regulated
use applied to a variety of businesses, including adult theaters,
adult bookstores, cabarets, bars, taxi dance halls, and hotels. At
this time, only Seattle and Renton, Washington have ordinances similar
in nature to the Boston ordinance. However, several cities have
adopted regulations similar to those enacted in Detroit, which are
aimed at dispersing adult entertainment businesses.
The Detroit ordinance was legally challenged and ultimately upheld by
the United States Supreme Court in 1976. This court case, known as
Young -v- American Mini Theaters, Inc., now serves as the primary
legal precedent regarding-the use of-zoning powers to regulate adult.
entertainment business. In Young, the Supreme Court held that "even
though the first Amendment protects communication in this area
(sexually explicit activities) from total suppression, we hold the
State may legitimately use the content of these materials as a basis j
for placing them in a different classification from other movie
theaters" .
1. McClendon, Bruce W.; Zoning for Adults Only, (Zoning news; I
American Planning Association, August, 198b). 1
n I
4 ��
?.ttachmenc #1
�s
CHILDII;L:N AND FAb11LlL'S
w
7r
SUARY OF LAND USE STUDIES
M_'vI
1. Garden Grove, California 8. Oklahoma .City, O1:Ialiom _
w �
2. Phoenix, Arizona 9.
r Amarillo,Texas
3. Los Angeles, California 10. Austin, Texas - • : ' .': ._
4. Whittier, California 11. Beaumont, Texas _
5. Indianapolis, Indiana 12. Houston, Texas
6. Minneapolis, Minnesota 13. Seattle, Washington
7. Cleveland, Ohio
National Law Center for Children and Families
g dr VA?
"'113 USE STUDY: GARG G70VV- . C1 DAT=: '.�Trmpr Zo 1 -
OVERVIEW: This =sport by independent consultants summarizas
statistical analyses to data rine a basis for adult business
regulations because of =hair nagative 'impact on the community in
tarns of crime, decreased prcparty values and diminished quality of
life. Statistics were measured from 1981-90 and includad crime
data, and surveys of real estate professionals and city residents.
Garden Grove Boulevard, with seven adult businesses, was selected
as the study area. The study incorporated many control .actors to
insure accurate results. The report includes a brief legal history
Of adult business regulation and an axtansive appendix with sanplas
materials and a proposed st=tuts.
cR:,-wE: Crime increased significantly with the Opening of an adult
bus;^ass , or with t::e axpar•sien of an existing business or t'�a
addition of a bar naarby. ;; a rise was greatest in "serious"
offenses (termed "Part T-" crimes : homicide, raps, robbery' , assault,
bur lacy, theet and auto theft) . On Garden Grove Boulevard, the 7
adult businesses accountad for 36% of all crime in the area. in '
ons. case, a bar opened less t+are :00 fast from an adult businsss,
and serious crime within 1, 000 feet of that businase rose more than
300# the next year.
RE.XL ES•:ATB: Overwhelmingly, raspcndents said that an adult
businesses within 200-300 fee= of residential and commercial
. property depreciates th a Property valuo. .....1ho greatest {4-pact was.
an single family ho=ax . T,;-.a chief factor cited fcr the
depreciation was the incraased criWs associatad with adult
businesses.
HOUSEHOLD SURVE:S : lis calls wars ecmpletad in a random sample of
households in the Garden GroveDoulavard vicinity. :ria public
ccnsersua was that adult businesses on Carden Grove Blvd. were a
serious prablam. Nearly 2S% of the suvrayed individuals lived
within 1, 000 fast of an adult business. Morn than 11% cited
specific personal experiences of problems relatingto these
businesses, including crime, nciss, littar, and general quality of
1ifa. 80% said they Would want to move if an adult business opened
in their neighborhood, 60% saying they "Would move" or "probably
would move. " 85% supported city regulation of the locations of
adult businesses, with 78% strongly advocating t` a prohibition of
adult businesses within 500 feat of a residential arm, school or
ch%irch. Women commonly expressed fear for themselves and their =
children because of adult businesses.
RECOMMENDATIONS: The report concludes that adult businesses have
ureal impact" on everyday life through harmful secondary affects
and makes four recommendations: (1) Kaep currant raquiramaht of
loco feet separation between adult businassasr (2) Prohibit adult
astablirhmants Within 1, 000 teat of residential areas; (3) Enact a
systam of conditional use permits for adult businaases with Police
oepartmant involvement in ovary aspect of the process ; and (t)
Prohibit bare/tavarts within 1, 000 :not of an adult business.
LAND USE STUDY: MOMIX, AZ DATE: MAY Z5. 197a
OVERVIEWe The study examines crime statistics for 3.978 comparing ,
areas which have sexually oriented businesses with those that
not. The results show a harked increase in sox offenses in
neighborhoods with sexually oriented businesses, with . modest
increases in property and violent crimes as well. .
Three study areas (near locations . of sexually oriented'
businesses) and three control areas (with no sexually oriented
businesses) were selected. The study and control areas were paired
according to the number of residents, median family incomer
percentage of non-White population, median age of population, .
percentage of dwelling units built since 1950, and percentage of
acreage used for residential and non-residential purposes.
.':-:,._..... .._:.:.:..., ._.,.._.:�,Y - _ ._ -.. .•+v'. - r..r. � .._ ,amu - _. .�."e.:.:_ ..::t.Ls ,_y�`J'.�`'r::{A,�
CRIME: Three categories of criminal activity were included in the
study: Property crimes (burglary, larceny, auto theft) , Violent _
crimes (rape, murder, robbery, assault) ,p and sex crimes .(rape,
indecent exposure, lewd and lascivious behavior,. : child
Average results from all three study/control areas, sex
offenses were 506% greater in neighborhoods where sexually oriented
businesses were located. (=n one study area, sex crimes were more
than 1, 000% above the corresponding control area.) Property crimes -
were 43% greater. Violent crimes were only slightly higher (0) .
-- ' - Even excluding indecent exposure arrests '-(the most common sex -
offense) , other sex crimes (rape, lewd and lascivious bahavior,
child molestation) in the study areas were 132$ greater . than e
cont_rml areas.
. REQUIREMENTS: The Phoenix ordinanca requires sexually oriented
businesses to locate at least 1,000 feet from another sexually
oriented business and 500 feet from a school or residential zone.
Approval by the City Council dad area residents can waive .the 500 `-
F •_
foot requirement. A petition which is 'signed by 51* of the" :
residents in the 500 fact radius who do not object must be filed
and be verified by the Planning Director. : • --• .'
LAM USE STUDY: CITY OF ICS AXGzLBS CA DATE: JUNE, 2977
OVERVIEW: The Department of City Planning studied the effects of
the concentration of sexually oriented businesses an surrounding
properties for the years 1969-75 (a time of proliferation for such
j businesses) . The report focuses on five areas with the greatest
concentration of these businesses (compared to five *control" areas
free of them) , and cites data from property assessments/sales,
public meeting testimony, and responses from two questionnaires
(one to business/residential owners within a 500 foot radius of the
five study areas and a second to raaltors/raal estate an
and lenders) . Crime statistics in the study areas were compared to
the city as a whale. Also included: a chart of sexually oriented
business regulations in eleven major cities, details of current
regulations available under state/municipal law, and appendices
with samples of questionnaires, letters, and other study materials.
PROPERTY: while empirical data for 1969-75 did not conclusively
show the relation of property valuations to the concentration of
sexually oriented businesses, more than 904 of realtors, real
estate appraisers and lenders responding to city questionnaires :.
said that a grouping of such businesses within 500-1, 000 feet of
residential property decreases the market value of the homes.
Also, testimony from residents and business people at two public
meetings spoke overwhelmingly against the presence of sexually
Oriented businesses citing fear, concern for children, loss of
customers and difficulty in hiring employees at non-adult
businesses, and the necessity for churches to provide guards for
their parking lots.
C.RMNIE: More crime oc=rred in areas of sexually oriented business
conc2ntraticn. Compared to city-wide statistics for 1969-75, areas
with several such businesses experienced greater increases in
pandering (240%) , murder (42.3%) ,, aggravatad assault (45.2%) ,
robbery (52. 60 , and purse snatching (I7%) . Street robberies,
where the criminal has face to face contact with his victim,
increased almost 70% more in the study areas. A second category
Of c"ime, including other assaults, forgery, fraud, counterfeiting, --
embezzlement, stolen property, prostitution, narcotics, liquor
laws, and gambling increased. 42% more in the study areas over the ,
city as a whole.
RECOMMENDATIONS: The study recommended distances of more than a
1,000 feet separating sexually oriented businesses from each other,
and a minimum of Soo fast reparation of such businesses from
schools, parks, churches and residential areas.
.. .. _ .St-.� ,q�'T.:. .�C:j•._�.: .vi.'.:':'� y:n;�•t \_ ...ti 1:�...� -_
'�".. .. ... �:` .•F.• .R:S�T"f•.max u.•+.}..
LAND USE STUDY: WHITTIM, CALIPO IA DATE: JANUARY 9, 1978 .-
OVERVIEW: After experiencing a rapid growth of sexually oriented ..-
businesses since 1969, the Whittier City Council commissioned a
study of the effects of the businesses on the adjacent residential
and commercial areas. At the time of the study, Whittier had 3.3
such businesses: 6 model studios, 4 massage parlors, 2 bookstores,
and 1 theater. Utilizing statistics, testimonies, and agency
reports, the study compared two residential areas and four business
areas over a span of 10 years (1968-1977) . One residential area
was near the largest concentration of sexually oriented businesses,
the other had no commercial frontage but was chosen becaUZO of
similar street patterns; lot sizes and number of homes. For
businesses, Area 1 had six sexually oriented businesses, Area Z had
one, Area 3 had three, and Area 4 had none. 1973 was selected as
the year to compare before/after effects of these businesses. Two
chief concerns cited in the report are residential/business
Occupancy turnovers and increased crime.
OCCUPAHCY: TURNOVER: After 1973, 57% of the homes in the sexually
oriented business area had changes of occupancy, compared to only
19g for the non-sexually oriented business area. Residents - -
complained of "excessive noise, pornographic material left laying
about, and sexual Offenders (such as exhibitionists) venting their
:rustraticns in the adjoining neighborhood.' Citizens also
expressed concern about drank drivers coming into the area.
Business Area 1, with the highest concentration of. sexually
oriented businesses (6) , experienced a 134.1 increase in annual
turnover rate. Area 3 , with three adult businesses at one location,
showed a 107% turnover rate. Area 2 (with I adult .business) had no
measurable change and Area 4 (with no commercial or sexually
oriented businesses) experienced a 45% decr
similar periods. ease in turnover from
CRI20: The City Council Iceked at the two residential areas for-_:-- --the time periods of 1970-73 (before sexually oriented businesses)
and 1974-77 (after such businesses) . In the sexually oriented
business area, criminal activity increased 102$ (the - entire city
had only an 8.34 increase) . Certain cri=es skyrocketed (23alicicus
Mischief up 7004; All Assaults. up 387%; Prostitution up 3000 . A31
types of theft (petty, grand, and auto) increased mora than 120-t
each. Tan types of crime were reported for the first time ever in
the 1974-77 period.
RECOMMENDATIONS: The Council's report recommended a dispersement
type ordinance that prohibits sexually oriented businesses closer
than 500 feet to residential areas, churches and schools.
Distances between such businesses was recommended at 1,000 feet.
In addition, the study proposed a 1, 000 foot separation from parks
because of thtir use by citizens after normal working hours.
Sexually oriented businesses would be given an 18-36 month
amortization period (if the change involved only stock in trade, a
90 day period vas recommended) .
LAND USE STUDY: INDIANApOLIS, IN DATE: FEBRU Ry, 1984
OVERVIEW: After a 10 year growth in the number of sexually ,
oriented businesses (to a total of 68 on 43 sites) and numerous
citizen complaints of decreasing property values and rising crime,
the city compared 6 sexually oriented business *study• areas and 6
"control" locations with each other and with the city as a whole.
The study and control areas had high population, low income and
older residences. In order to develop a "best professional
apinion, " the city collaborated with Indiana University an a
national survey of real estate appraisers to determine valuation
effects of sexually oriented businesses on adjacent properties.
CRIME: From 1978-32, crime increases in the study areas were 23-
higher than the control areas (46% higher than the city as a
whole) . Sax related crimes in the study areas increased more than
202 over the control areas. Residential locations in the study
areas had a 56% graatar crime increase than commercial study areas.
Sex related crimes were 4 times =are common in residential study
areas than commercial study areas with sexually oriented
businesses.
REAL ESTATE: Hames in the study areas appreciated at only 1/2 the
rate of hexes in the control areas, and 1/3 the rate of the city.
"Pressures within the study areas" caused a slight increase i.n real
estate listings, while the city as a whole had a 30% decrease,
denoting high occupancy turnover. Appraisers responding to the
survey said one sexually oriented . business within 1 black of
residences and businesses decreased their value and halt of the
respondents said the immediate depreciation exceeded 10%.
Appraisers also noted that value depreciation on residential areas
near sexually oriented businesses is greater than an commercial
locations. The report concludes: "The best professional judgment
available indicates overahelai.ngly that adult entertainment
businessas--even a relatively passive use such as an adult
boaKstare--have a serious negative affect on their immediate
envi_rons."
RECON-=ATIOSS: Sexually oriented businesses locate at least 500
feet from residential areas, schools, churches or established
historic areas.
/- o27
LAND USE STUDY: MINnAPOLIS, HN OATZ: OCTOMM. 1980
OVERVIEW: This report is divided into two sections: the
relationship of bars and crime and the impact of "adult businesses"
an neighborhood deterioration. In the study, an "adult business"
is one where alcohol is served (including restaurants) or a
sexually oriented business (i.e. , saunas, adult theaters and
bookstores, rap parlors, arcades, and bars with sexually oriented
entertainment) . Census tracts were used as study areas and
evaluated for housing values and crime rates. Housing values were
determined by the 1970 census compared to 1979 assessments. Crime
rates were compared for 1974-75 and 1979-80. The study is strictly
empirical and reported in a foraal statist_c;Ll manner; therefore it
is difficult for layman interpretation of the data.
FINDINGS: The report concludes that concentrations of sexually
oriented businesses have significant relationship to bigher crime
and lower property values. Other than statistical charts, no
statements of actual crime reports or housing values are included
in the report. Thus, the lay reader has only the most generalized
stataments of how the committee interpreted the empirical data.
REC0M4iE MATT-ONS: First, that adult businesses be at least 1/10
mile (about 500 feat) from residential areas. Second, that adult
buzinesses should not be adjacent to each other or even a different
type of late night business (i.e. , 24-hour laundromat, movie
theaters) . Third, that adult businesses should be in large
commercial acnes in various parts of the city (to aid police patrol
and help separate adult businesses from rasidential -neighborhoods) .
The report said "policies which foster or supplement attitudes and
activities that strengthen the qualities of the neighborhoods are
Gore likely to have desired imtiac+.s on crime and housing values
than simple removal or restriction of adult businesses."
LAND USE STUDY: CLEVELAND, Off DAT:: AQGVST 24, 1477
OVERVIEN: This police department report is taken from information
given by Captain Delau participating in a panel discussion at the
National Conference on the Blight of obscenity held in Cleveland
July 28-29, 1977. The topic was "The Impact of obscenity on the
Total Community. 0 Crime statistics are included for 1976 robberies
and rapes. Areas evaluated were census tracts (204 in the whole
city, 15 study t=arts with sexually oriented businesses) . At the
time of the study, Cleveland had 26 pornography outlets (8 movie
houses and 18 bookstores with peep shows) . Their location was not
regulated by city zoning laws.
FINDINGS: For 1976, study tracts had nearly double the number of
robberies as the city as a whole (40.5 per study tract compared to
24.5 for other city tracts) . In one study tract with five sexually
oriented businesses and 730 people, there were 136 robberies. In
the city's largest tract (13 ,587 people, zero pornography outlets)
there were. only 14 robberies. of the thras tracts with the highest
incidence 'of rape, two had sexually oriented businesses and the
third bordered a tract with two such businesses. In these three,
there were 41 rapes in 1976 (14 per tract) , nearly seven times the
city average of 2 . 4 rapes per census tract.
CONCI.USIOH5: "Close scrutiny of the figures from the Data
Processing Unit on any and every phase of the degree of crime as
recorded by census tracts indicates much higher crime rate where
the pornography outlets are located. "
C
LAND USE STUDY: OKLAHOMA CI'I'7. OK DATE: MARCS 3 , 12
OVMT.-zW: This study certain the results of a survey of 100
Oklahoma City Real Estate Appraisers. Appraisors were given a
hypothetical situation and a section to cozment on the effects of
sexually oriented businesses in Oklahoma City. The hypothetical
situation presented a residential neighborhood bordering an
arterial street with various commercial properties which served tha
area. A building vacated by a hardware store was soon to occupied
by an "adult" bookstore. No other sexually oriented businesses
were in the area and no other vacant commercial space existed.
With less than a one vont.': raspcnse time, 34 completed surveys were
received by the c'__y.
FINDINGS: 32t of the respondents said that such a bookstore within
one block of the residential area would decrease home values by at
least 201t. over'rhelpingly, respondents said an "adult" bookstore
would negatively effect other businesses within one block (76%) .
The level. of depraciation is greater for residenc2s than
businesses. he negative effects an property values drop sharply
when the sexually oriented business is at least three blacks away.
In t.':e subjective portion, 66% of the respondents noted a negative
impact of sexually oriented businesses an Oklahoma City. -Frequent
problems cited by the appraisers included the attraction of
undesirable clients and businesses, safety threats to residents and
o=er shoppers (especially children) , deterrence of home sales and
rentals, and immediate area deterioration (trash, debris,
vandalism) .
CONCI:ZSIONS: Oklahcaa City's findings supported results from other
national studies and surveys. Sexually oriented businesses have a
negative effect an property values, particularly residential
properties. :he ccncentration of sexually oriented businesses may
mean large losses in property values.
x'30
l .
LAND USE STUDY: A?WZT LO. TC DATE: SF MEER 12 1977
OVERVIEW: This Planning Department report cites several sources
including national news magazines, "adult business" ordinances from
other cities, an American society of Planning Officials report and
pertinent Supreme Court decisions. Lengthy explanation of the
Miller test (with legal definitions) , discussion of yonnc v.
American Mini Theaters, and a comparison of the Boston and Detroit
zoning models are included. The city defined "adultbusinesses" as
tave-nm, lounges, lounges with semi-nude entertainment, and
bookstores or theaters with publications featuring nudity and
explicit sexual activities. At the time, Amarillo had 3 such
theaters and 4 bookstores with space for such . publicat_ons.
FINDINGS: The police department provided an analysis showing that
areas of concentrated "adult only" businesses had 2 1/2 time the
street crime as the city average. The Planning Department
concluded that concentrations of these businesses have detrimental
effeatz on residential and commercial activities caused by _
l) noise, lighting and traffic during late night hours Z) increased
oopomsnity for street times and 3) the tendency of citizens to
avoid such business areas. The study noted that lack of zoning
regulations would lead to concentrations of sexually or--entad
businesses (causing increased a`iye) or more such establishments
locating near residential areas or family and juvenile oriented
activity sites (churches, parks, etc. )
R.?COtLENDATIONS: 1) Adult businesses locate 1,000 fast from each
other. No recommended distance was specified from residential
zones or family/juvenile activities. 2) City development of an
amortization schedule and permit/licensing mechanism. 3j city
regulation of signs and similar forms of advertising. 4) Vigorous
enforcement of Stata Penal Code, especially relating to "Harmful to
lfinars. " 5) City amendments prohibiting minors from viearing or
purc.,asing sexually oriented materials (enrarced physical
barriers) .
/- 3/
LAND USE STUDY: AUS'"I:f. TX DATE: MAY 19 , 1961
ovERVIEW: The report was the basis for developing an amendment to
existing sexually oriented business ordinances. At the time, 49
such businesses operated in Austin, mostly bookstores, theaters,
i
massage parlors and topless bars. The study examined crime rates,
property values, and trade area characteristics.
The report focused on sexually related Mmes in four study areas s
(with, sexually oriented businesses) and fatir control areas (close
to study areas and similar) . T`a0 study areas had one sexually
oriented business and the others had two such businesses. To
determine the effects of these businesses an prope_x-ty values, the
city sent surveys tM 120 real estate appraising or lending firms
(nearly half responded) . For trade area characteristics, 3
businesses (a bookstore, theater and topless bar) were observed on
a weekend night to dntarmina customer addressas.
(:PIxz: Sexually related crime ranged from 177-482% }higher in-the
four study areas than the city average. In , the �10 stud_. areas
containing two sexually oriented businesses, the rate was 6b§
higher than in the study areas with one such business. All control
areas had crime rates near the City aver3ge.
REAL ESTATE: s8.% said that a sexua'_ly oriented business within one
block of a residential area decreasas tea value of the homes (33%
said depreciation would be at least 20%) . Respondents also said
such a business is a sign of neighborhood decline, making
underwriters hesitant to approve the 90-95-% financing most home
buyers requir-s. They said coanercial property is also negatively
effected by such businesses.
TRADE AREA, =ARAC=ZR__TSTT_CS: of 81 license plates traced for owner
address, only 3 lived within one mile of the sexually oriented
business. 44% were from outside 3ustin.
REC.HMENDATZCNS: 1) Sexually oriented businesses should be limited
to highway or regionally-oriented zone districts. 2) Businesses
should be dispersed to avoid concentration. 3) Conditional use
permits should ba- required for these buaingsses.
LAND USE STUDY: FOIIBTON. '^X DATE: NOVEMBER 3 , 1963
OvESVIz7: Report by the coamittze an t:a proposed Regulation of
Sexually Oriented Businesses determining the need and appropriate
means of regulatinq such businesses. Four public hearings provided
testimony from residents, business owners, realtors, appraisers,
police, and psychologists. The committee and legal .deparrzment then
reviewed the transcripts and drafted a proposed ordinance. More
hearings obtained public opinion on the proposal and the ordinance
was refined for vote by the City Council.
Tt'ST'--KONY: The tastimonv was summarized i.^ta six broad premises:
(1) The rights of individuals were affirmed. (2) Sexually oriented
businesses could exist with regulations that aini.=i ze their adverse
effects. (3) The most immortant negative effects were on
neighborhood protection, community enhancement, and property
values. (4) Problems increased when these businesses were
concantrated. (5) Such businesses contributed to criminal
activities. (6) Enforcement of existing stat-ates was difficult.
ORDINANCE: (1) Required permits .or sexually oriented businesses
(non-refundable :35a application fee) _ (2) Distanca requirements:
750 ft. frau a church or school; 11000 from other such
businesses; 1, Goa ft. radius frcm an area of 753 residential
concentration. (3) Amortization period of 6 mcntts that could be
extended by the city indefinitely an the basis of evidence.
(4) Revocation or permit for employing minors (under 17) , blighting
exterior appearance or signage, crronic criminal activity
(3 convic:.lcns) , and false permit inforation. (5) Age
restrictions for entry.
LMM USE STADY: SEATME. WA DATE: MARCH 24, 19B9
OVERVIEW: The repot` concerns a proposed amendment to add topless
dance halls to existing land use regulations for "adult
entertainment establishments." Seattle had eight such dance halls
(termed "adult cabarets") , six established since 1987. The study
relies on reports from a number of cities, including Indianapolis,
Los Angeles, Phoenix, Austin. and Cleveland.
FUNDI NGS: The increased number of cabarets resulted in citizen
complaints, including phone calls, letters (from individuals and
merchants associations) , and several pati ions with hundreds of
signatures. Protests cited decreased prcoerty values; increased
insurance rates; fears of bur;larf, vandalism, rape, assaults,
drugs, and prostitution; and over-all neighborhood deterioration.
Mis report notes that pagans of these cabarets most often are not
residents of nearbynaighbar:ocds. Without community identity,
behavior is less inhibited. .ncreased police calls to a business,
sirens, and traffic hazards from police and emergency vehicles are
not conducive to healthy business and residential environments.
RECOtMENDATIONS: Since city zoning policy is based on the
co=patibiiity of businesses, the tenor` recommends that tte
cabarets locate in the sa=e zones as "adult motion pic u—.a
theaters." This pian allccrs about 130 acres for such businesses to
locate throughout the city.
/-3y
r
M E M O R A N D U M
TO: Council Colleagues
FROM: Council Member Dodie Williams
o(I
DATE: September 5, 1995
SUBJECT : Council Policies & Procedures
Two issues have recently come to light for which I would appreciate
Council consideration and comment .
1 ) I would like to see requests for traffic or infrastructure
improvements (or any other projects) presented to Council for
discussion before referral to staff . It would be a courtesy, as
well as an opportunity for additional input on a subject , if the
entire Council could hear such a request before staff is asked to
either do a project or prepare a staff report .
Our Policies and Procedures manual (P. 23 , 24 , 25) is clear on this
issue. I refer specifically to Section 5 . 2 COUNCIL AND COUNCIL
MEMBERS, paragraphs 5. 2 . 2 , 5. 2 . 3 and 5 . 3 . 2 .
2 ) I am concerned about the appropriateness of Council members
speaking out publicly on specific projects at Board of Supervisor
meetings without issuing a disclaimer that they are speaking as
private citizens and not representing the Council . We should be
particularly cautious and limited in comments when our Council has
not reviewed a project - BUT MAY IN THE FUTURE.
My preference is that each of us make it clear when speaking in a
public forum that any comment is our own opinion - not that of the
CITY COUNCIL.
Thanks for your consideration.
Council Policies & Procedures Chapter 5• Council/Staff Relationships & Conduct
5.2.2 INDIVIDUAL COUNCIL MEMBERS
Individual members of the Council shall make no attempt to pressure or influence staff
decisions, recommendations, workloads, and schedules, and departmental priorities
without the prior knowledge and approval of the Council as a whole. (Prior Res. 5369)
5.2.3 COUNCIL POLICY
If a Council Member wishes to influence the actions, decisions, recommendations,
workloads, work schedules, and priorities of staff, that member must prevail upon the
Council to do so as a matter of Council policy. (Prior Res. 5369)
5.2.4 INFORMATION
Individual Council Members as well as the Council as a whole shall be permitted
complete freedom of access to any information requested of staff and shall receive the
full cooperation and candor of staff in being provided with any requested information.
(Prior Res. 5369)
5.3 STAFF
5.3.1 EXECUTION OF COUNCIL DIRECTION
The Council recognizes the primary functions of staff as executing Council policy and
actions taken by the Council and in keeping the Council informed. (Prior Res. 5369)
5.3.2 UNDUE INFLUENCE
Staff is obligated to take guidance and direction only from the Council as a whole or
from the appropriate management superiors as may be the case. Staff is directed to
reject any attempts by individual members of the Council to unduly influence or
otherwise pressure them into making, changing or otherwise suppressing staff decisions
or recommendations, or changing departmental work schedules and priorities. Staff
shall report such attempts to influence them in confidence to the City Administrative
Officer, who may inform the Council as a whole of such attempts. (Prior Res. 5369)
5.3.3 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional manner to all
requests made by individual Council Members for information or assistance, provided
that, in the judgment of the City Administrative Officer the request is not of a
magnitude, either in terms of workload or policy, which would require that it more
appropriately be assigned to staff through the collective direction of the City Council.
In terms of making this judgment, the following guidelines should be considered: The
request should be specific and limited in scope so that staff can respond without
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