Loading...
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: i°��►►�I�Il�pi►11 city of San lues OBISPO 9/5/95 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. ����t�tt►�IIIII�p�luNutl �`� city of sands OBISPO 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 page 24