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HomeMy WebLinkAbout071598 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the Community Development Department at (909) 694-6400. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] CALL TO ORDER: TEMECULA PLANNING COMMISSION July 15, 1998, 6:00 PM 43200 Business Park Drive Council Chambers Temecula, CA 92390 Chairman Slaven Reed Next In Order #98-025 ROLL CALL: Guerriero, Naggar, Slaven, Soltysiak and Webster PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 1. Approval of Agenda 2. Approve Minutes from June 3, 1998 3. Director's Hearing Update PUBLIC HEARING ITEMS Case No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: PA97-0170 (Appeal of DIF Redution) Z.B. Investments (Scott Barnard) On the north side of Nicholas Road, approximately 900' east of the intersection of Winchester and Nicholas Roads, south of Roripaugh Hills development. Reduction of Development Impact Fees for a 103,510 square foot mini-storage on Nicolas Road. None Patty Anders, Assistant Planner Withdraw Appeal . Case No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: Planning Application No. PA9B-0154 (Development Plan) Wayne Phelps, Action Maytag East side of Ynez Road, south of Solana Way in the Ynez Center Commercial Park To construct and operate a 14, 703 square foot multi-tenant commerciai building. Negative Declaration CarDie K. Donehoe, AICP, Project Planner Approval R:\W1MBERVG\PLANCOMlV~AGENDAS\5_6_96 7/9/98 vgw Case No: PA97-0293 (Sexually Oriented Businesses Ordinance) Applicant: City of Temecula Location: City Wide Proposal: An ordinance providing for the zoning regulation and licensing of sexually oriented businesses and making findings in connection with the need for such regulations. Environmental Action: Exempt Planner: Saied Naaseh, Associate Planner Recommendation: Recommend Approval PLANNING MANAGERS REPORT COMMISSIONER REPORTS ADJOURNMENT Next regular meeting: July 15, 1998 @ 6:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California R:\WIMBERVGXPLANCOMM~AGENDAS\5-6-96 7/9/98 vgw In compliance the Americans with Disabilities Act, if you need sr assistance to participate in this meeting, pleas, dontact the office of the Community Developme~ ~epartment at (909) 694-6400. Notification 48 hours pdor to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] CALL TO ORDER: ACTION AGENDA TEMECULA PLANNING COMMISSION July 15, 1998, 6:00 PM 43200 Business Park Drive Council Chambers Temecula, CA 92390 Chairman Slaven Reso Next In Order #98-025 ROLL CALL: Naggar, Slaven, and Webster Guerriero and Soltysiak absent PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers, COMMISSION BUSINESS 1. Approval of Agenda ACTION: APPROVED 3-0, GUERRIERO AND SOLTYSIAK ABSENT Approve Minutes from June 3, 1998 ACTION: CONTINUED TO AUGUST 5, 1998 Director's Hearing Update ACTION: RECEIVE AND FILE PUBLIC HEARING ITEMS Case No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: ACTION: PA97-0170 (Appeal of DIF Redution) Z.B. Investments (Scott Barnard) On the north side of Nicholas Road, approximately 900' east of the intersection of Winchester and Nicholas Roads, south of Roripaugh Hills development. Reduction of Development Impact Fees for a 103,510 square foot mini- storage on Nicolas Road. None Patty Anders, Assistant Planner Withdraw Appeal WITHDRAWN R:\WIMBERVG\PLANCOMM/AGENDAS\5 6~96 7/23/98 vgw 701 16 5. Case No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: ACTION: 6. Case No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: ACTION= PLANNING MANAGERS REPORT COMMISSIONER REPORTS ADJOURNMENT Next regular meeting: Planning Application No. PA98-0154 (Development Plan) Wayne Phelps, Action Maytag East side of Ynez Road, south of Solana Way in the Ynez Center Commercial Park To construct and operate a 14, 703 square foot multi-tenant commercial building. Negative Declaration Carole K. Donahoe, AICP, Project Planner Approval APPROVED 3-0, GUERRIERO AND SOLTYSIAK ABSENT PA97-0293 (Sexually Oriented Businesses Ordinance) City of Temecula City Wide An ordinance providing for the zoning regulation and licensing of sexually oriented businesses and making findings in connection with the need for such regulations. Exempt Saied Naaseh, Associate Planner Recommend Approval APPROVED 3-0, GUERRIERO AND SOLTYSIAK ABSENT August 5, 1998 @ 6:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California R:/WIMBERVG/PLANCOMM\AGENDAS\5 6 96 7/23/98 vgw ITEM #2 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION JUNE 3, 1998 CALL TO ORDER The City of Temecula Planning Commission convened in an adjourned regular meeting at 6:00 P.M., on Wednesday, June 3, 1998, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ROLL CALL Present: Commissioners Guerriero, Miller, Soltysiak, and Chairwoman Slaven. Absent: None. Also Present: Planning Manager Ubnoske, Deputy Director of Public Works Parks, Attorney Cudey, Project Planner Donahoe, Associate Planner Fagan, and Minute Clerk Ballreich. PUBLIC COMMENTS No comments. COMMISSION BUStNESS 1. Approval of Agenda MOTION: Commissioner Miller moved to approve the agenda. The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous approval. 2. Review Capital Improvement Program Commissioner Soltysiak noted that he would be abstaining with regard to this issue. Planning Manager Ubnoske reviewed the staff report (of record), providing a brief description of each priority. With regard to the La Serena Way/Rancho California Road extension, Deputy Director of Public Works Parks advised that the work associated with this extension is part of an approved Tentative Map, which recently received an extension, noting that as the work proceeds, the developer will be required to build this extension and that no City Capital Improvement funds should be expended at this stage. Reviewing the signal improvements for Pala Road, Deputy Director of Public Works Parks advised that two signals are being proposed -- Loma Linda Road and Wolf Valley Road; and that the widening of Pala Road would not be considered a Capital Improvement Project item, noting that such improvement would be conditioned upon future development. With regard to the construction of a median on Jefferson Avenue, Mr. Parks advised that Jefferson Avenue is utilized as a parade route and that the placement of a median would preclude such use. In response to Commissioner Miller, Mr. Parks assured him that the missing link (SR79/1-15 Interchange) has been designated as a high priority by the City Council and advised that the City may not conditioned the School District, as per State Law, with regard to the construction of surrounding infrastructure, advising that the District must adhere to the conditions imposed by the State Architect. PUBLIC HEARINGS 3. Planning Application No. PA98-0126 IDeveloDment Plan) Request to construct and operate a 18,393 square foot, single-story tilt-up building for office, manufacturing, and warehousing uses. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request. Advising that the applicant is expanding and relocating his existing business in the City, Project Planner Donahoe, by way of color renderings, reviewed the staff report (of record); and clarified that any change in use which would impose a higher parking ratio calculation would require review by the Planning Department. At this time, Acting Chairwoman Slaven opened the public hearing. Mr. Paul Gupta, applicant, 27579 Commerce Center Drive, briefly reviewed the operation of his business. Viewing the proposed use compatible with uses previously approved by the Planning Commission in this particular area, Commissioner Miller offered the following motion: MOTION: Commissioner Miller moved to close the public hearing; adopt the Negative Declaration for Planning Application No. PA98-0126; adopt the Mitigation Monitoring Program for Planning Application No. PA98-0126; and to adopt Resolution No. 98-014 approving Planning Application No. PA98-0126 based upon the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. RESOLUTION NO. PC 98-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0126 (DEVELOPMENT PLAN), THE DESIGN, CONSTRUCTION AND OPERATION OF A 18,393 SQUARE FOOT BUILDING ON 1.16 ACRES, LOCATED ON THE SOUTH SIDE OF ENTERPRISE CIRCLE NORTH, BETWEEN DIAZ ROAD AND JEFFERSON AVENUE, AND KNOWN AS ASSESSOR'S PARCEL NO. 909-282-010 The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous approval. 4. City of Temecula Request to change the existing Development Code regulations of on-site storage of vehicles (to include recreational vehicles) in residential zones. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission provide recommendations to the City Council regarding modifications to the existing Development Code regulations pertaining to the on-site storage of vehicles (to include recreational vehicles) in residential zones. Advising that staff had received four letters with regard to this issue after the submittal of the Planning agenda packet (copies provided to the Commissioners), Associate Planner Fagan reviewed the staff report (of record), clarifying the definition of vehicles, noting that camper shells and commercial trailers are included in this definition. With regard to the definition of actual yard, Mr. Fagan noted that a graphic illustration would be attached for clarification. Mr. Fagan further advised that the vehicle definition reflects the verbiage from the Vehicle Code but that the storage definition was drafted by Staff. With regard to paving, Deputy Director of Public Works Parks suggested that the following language be added: "... allow hardened surface capable of supporting the vehicle." Acting Chairwoman Slaven suggested that the terms motor home and RV be included in the definition of vehicle and recommended that the term automobile not be excluded from the definition to prohibit the possibility to undesirable activities. Clarifying the term house car is an previously used definition for a motor home, Attorney Cudey advised that the addition of the term motor home/recreational vehicle, as suggested by Ms. Slaven, would be appropriate. It was noted that the term pick-up would be designated under the automobile classification. Commissioner Miller suggested that the storing of two vehicles be permitted per parcel. In response to Attorney Curley's comments with regard to setback and actual lot, Commissioner Miller suggested that the term actual yard be defined as the plane of the front portion of the structure that is furthest from the street and recommended that a graphic illustration be included for clarification. Deputy Director of Pubtic Works Parks further clarified that the actual front yard area is defined as the plane from the front of the house to the front property line, noting that it does not include the side of the house. Unless a resident chose to live in a Homeowners Association which prohibited on-site storage of vehicles or a resident did not sign CC&Rs which restricted such storage, Commissioner Guerriero relayed his opposition to a grandlathering clause but expressed support of a 180-day grace period. For Phillip Greer, 29763 Via Puesta Del Sol, it was noted that the City Council had previously addressed on-street parking for RVs, advising that an ordinance was adopted prohibiting on- street parking of recreational vehicles and other such classifications as defined by size, weight, and height. Mr. John Koran, 40645 La Colina Road, relayed his support of retaining the five-day time frame for loading and unloading of RVs. Mr. Robert Williamson, 30219 Villa Alturas Drive, voiced his objection to any on-site parking restrictions. By way of pictures, Ms. CeciJia Axton, 30169 Sierra Madre Drive, relayed her opposition to storing recreational vehicles on streets, driveways, and/or side yards unless properly screened. Mr. Irv Shapiro, 30170 La Primavera Street, commented on the cost of storing a recreational vehicle and the impact it may have on senior citizens. Deputy Director of Public Works Parks briefly commented on the City Council's decision to implement a visitors' permit process for on-street parking and advised that on-site parking would be enforced by the City on a complaint basis, noting that additional staffing would be necessary to accomplish this task. Mr. Jeff Comerchero (City Councilmember) further clarified the City Council's intent of the visitors' permit process. Mr. Jan Weilert, 42104 Via Del Monte, provided clarification with regard to size restrictions for RVs, noting that any vehicle in excess of 400 square feet would fall under the regulations of Urban Housing and Urban Development versus the DMV and that motor homes in the State of California may not exceed 400 square feet and 102" wide. Planning Manager Ubnoske noted that it would not be the Planning Department's intent to restrict the parking of personal pick-up trucks; that additional verbiage would be provided to clarify that issue; and that the intent was to restrict the storing of shells (snug fit covers) for long periods of time in the driveway. To clarify the Planning Department's intent to prohibit the storage of a pick-up shell for long periods of time and, thereby, not prohibiting the parking of a pick-up truck, Attorney Curley suggested that the term camper shell be defined as an all-weather device versus a habitable device and noted that clear definition af campers, camper shells, and actual front yard will be provided. Following additional Commission discussion, it was requested that staff rewrite the ordinance to include the recommended amendments and definitions and that the final draft be forwarded to the Commission for final review and approval. Recapitulating the proposed amendments/definitions, Acting Chairwoman Slaven noted the following: grace period define minor service define actual yard define camper/camper shell six months MOTION: Commissioner Soltysiak moved to continue this matter to the July 1, 1998, Planning Commission meeting. The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous approval. PLANNING MANAGER'S REPORT Planning Manager Ubnoske informed the Commissioners that several City employees including Community Development Director Thornhill are visiting the City's Sister City -- Nakayama, Japan. COMMISSIONER REPORTS Commissioner Guerriero requested a copy of the City's Trash Bin Ordinance and suggested that the Commission address the effectiveness of this ordinance. Commissioner Miller requested that a letter of commendation be sent to CDM WestMar with regard to the recent shopping center upgrade at the northwest corn of Winchester and Ynez Roads. ADJOURNMENT At 8:31 P.M., Acting Chairwoman Slaven formally adjourned this meeting to the June 17, 1998, Planning Commission meeting at 6:00 P.M. Marcia Slaven, Acting Chairwoman Debbie Ubnoske, Planning Manager ITEM #3 CITY OF TEMECULA CO~TY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission~ .. Debbie Ubnoskef~i'lanning Manager July 15, 1998 Director's Hearing Case Update Planning Director's Agenda items for June, 1998. Date Case No. Proposal June 11, 1998 PA98-0209 Development Plan to rehabilitate 38 existing aparlment units June 11, 1998 PA98-0181 PA98-0182 Product review for 116 single family detached homes and model complex June 11, 1998 PA98-0178 PA98-0179 ConsInaction of four floorplans with three elevations per floor plan on 118 lot with TM 23371-5 and 28526 June 18, 1998 PA98-0176 Minor CUPfor a tire and brake shop (Discount Tire) June 25, 1998 PA98-0209 Development Plan to relmbilitate 38 existing apartment units Applicant Affirmed Housing Group Trimark Pacific Homes McMillin Companies Roger Epperson Affirmed Housing Group Action Continual to June 25, 1998 Approved Approved Approved Approved Attachments: 1. Action Agendas - Blue Page 2 R:XDIRHE&RXMEMO\I998W-15-98.MEM 7~9/98 ATTACHMENT NO. 1 ACTION AGENT)AS R:\DIRHE~R\~4EMO\I998~7-15-98.MEM 7/9/98 k[b 2 ACTION AGENDA TEMECULA DIRECTOR'S HEARING REGULAR MEETING JUNE 11, 1998 1:30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92390 CALL TO ORDER: Dave Hogan, Senior Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address to the Senior Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Senior Planner about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Senior Planner. When you are called to speak. please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Senior Planner before that item is heard. There is a three (3) minute time limit for individual speakers. PUBLIC HEARING Case No: Applicant: Location: Proposal: Environmental Action: Case Planner: Case Engineer: Recommendation: ACTION: Planning Application No. PA98-0209 (Development Plan) Affirmed Housing Group 28497 Pujol Street southwest corner of Pujol and Sixth Street in Old Town) To rehabilitate 38 exisung apartment units and to construct 18 additional apartment units, with recreational areas, utility areas, garages and carports. Negative Declaration Carole Donahoe, AICP, Project Planner John Pourkazemi, Associate Engineer Approval CONTINUED TO JUNE 25, 1998 R:\DIRHEARx, AGENDA\1998~6dI*98,AGN 7/9/98 cod 2. Case No: Applicant: Location: Proposal: Environmental Action: Case Planner: Recommendation: ACTION: 3. Case No: Applicant: Location: Proposal: Environmental Action: Case Planner: Recommendation: ACTION: ADJOURNMENT Planning Application No. PA98-0181 (Temporary Use Permit) and PA98-0182 (Development Plan for Product Review) Trimark Pacific Homes, L.P. A portion ofPaseo Del Sol (Tract 24186-1 ); southeast of the intersection of Meadows Parkway and Pauba Road at Leena Way. Product review for 116 single family detached homes and the model home complex. This project is exempt from further evaluation under CEQA due to the previous certification of an Environmental Impact Report (EIR) for this sire Patty Anders, Assistant Planner Approval APPROVED Planning Application No. PA98-0178 (Temporary Use Permit) and PA98-0179 (Development Plan for Product Review) McMillin Companies Temeku Hills portion of the Margarita Village Specific Plan No. 199, Planning Area 35 (east of Margarita Rd., west of Meadows Pkway, north of Rancho California Rd.) The construction of four floorplans with three elevations per floorplan on 118 lots within Tract Map No. 23371-5 and 28526 This project is exempt from further evaluation under CEQA due to the previous certification of an Environmental Impact Report (EIR) for this site. Thomas Thornsicy Approval APPROVED R:\DIRHEARXAGENDA\I998\6-11-98.AGN 7/9/98 cod ACTION AGENDA TEMECULA DIRECTOR' S HEARING REGULAR MEETING JUNE 18, 1998 1:30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92390 CALL TO ORDER: Dave Hogan, Senior Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address to the Senior Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Senior Planner about an item not listed on the Agenda, a pink 'IRequest to Speak" form should be filled out and filed with the Senior Planner. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Senior Planner before that item is heard. There is a three (3) minute time limit for individual speakers. PUBLIC HEARING Case No: Applicant: Location: Propose: Environmental Action: Case Planner: Recommendation: ACTION: Planning Application PA98-0176 (Minor Couditional Use Petit) Roger Epperson 28007 Front Street, the west side of Front Street between Del Rio Road and Calle Cortez in the City of Temecula To operate a tire and brake shop (Discount Tire) in an existing building Categorically Exempt - Class 3: the Construction or Conversion of Small Structures (CEQA Guidelines Section 15303) Patty Anders Approval APPROVED ADJOURNMENT R:\DIRHEAR\AGE.NDA\I998\6-18-98.AGN 7/9/98 klb ACTION AGENDA TEMECULA DIRECTOR'S HEARING REGULAR MEETING JUNE 25, 1998 1:30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92390 CALL TO ORDER: Dave Hogan, Senior Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address to the Senior Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Senior Planner about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Senior Planner. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Senior Planner before that item is heard. There is a three (3) minute time limit for individual speakers. PUBLIC HEARING 1. Case No: Applicant: Location: Proposal: Environmental Action: Case Planner: Case Engineer: Recommendation: ACTION: ADJOURNMENT Planning Application No. PA98-0209 (Development Plan) Affirmed Housing Group 28497 Pujol Street (southwest corner of Pujol and Sixth Street in Old Town) To rehabilitate 38 existing apartment units and to construct 18 additional apartment units, with recreational areas, utility areas, garages and carports. Negative Declaration Carole Donahoe, AICP, Project Planner John Pourkazemi, Associate Engineer Approval APPROVED R:\DIRHEa~R\AGENDA\I998\6-25-98.AGN 7/9198 cod ITEM #4 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DMSION MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnosk~!, l~lanning Manager July 15, 1998 DIF Reduction Appeal for Chaparral Self Storage PREPARED BY: RECOMMENDATION: BACKGROUND: Debbie Ubnoske, Planning Manager That the application for DIF Reduction Appeal for the Chaparral Self Storage be withdrawn. Subsequent to the noticing of this appeal, the applicant provided additional information which removes the requirement for the appeal. The City will be refunding the appeal fee to the applicant. R:\CHAPARRA.WPD 7/8/98 du ITEM #5 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION July 15, 1998 Planning Application No. PA98-0154 (Development Plan) Prepared By: Carole K. Donahoe, AICP, Project Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: ADOPT the Negative Declaration for Planning Application No. PA98-0154; ADOPT the Mitigation Monitoring Program for Planning Application No. PA98-0154; and = ADOPT Resolution No.98- approving Planning Application No. PA98-0154 based upon the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval APPLICATION INFORMATION APPLICANT: Wayne Phelps, Action Maytag REPRESENTATIVE: Manning Engineering PROPOSAL: The design, construction and operation of a 14,703 square foot multi-tenant commercial building LOCATION: East side of Ynez Road, south of Solana Way, in the Ynez Center Commercial Park EXISTING ZONING: CC (Community Commercial) SURROUNDING ZONING: North: CC South: CC East: CC West: SC (Service Commercial) PROPOSED ZONING: N/A GENERAL PLAN DESIGNATION: CC EXISTING LAND USE: Vacant R:\STAFFRPT~,I54PAgg.PC 718798 klb 1 SURROUNDING LAND USES: North: South: East: West: Vacant, La Master's under construction Vacant Vacant and Ynez Self-Storage under construction Ynez Road and vacant property PROJECT STATISTICS Total Area: 1 acre, Total Site Area: Building Area: Landscape Area: Paved Area: Parking Required: Parking Provided: Building Height: 43,560 square feet 14,703 square feet, 34% 10,548 square feet, 24% 18,295 square feet, 42% 34 Vehicles, 2 Bicycles, 1 Motorcycle 34 Vehicles, 2 Bicycles, 1 Motorcycle 33.5 feet BACKGROUND A Pre-Application Meeting for the project was held on February 11, 1998, with staff providing comments on this submittal to the applicant on February 23, 1998. The formal application submittal was made on April 8, 1998. A Development Review Committee (DRC) meeting was held on May 7, 1998. The project was deemed complete on June 23, 1998. PROJECT DESCRIPTION The project consists of the design, construction and operation of a 14,703 square foot commercial building, which includes a second-story private office and a storage basement. Associated improvements include hardscape, parking, landscaping and drive aisles. Owner Wayne Phelps intends to relocate his Action Maytag business in Suite A which totals 4,430 square feet. Suites B through E are proposed for general office use by others. ANALYSIS Site Design The lot configuration of the proposed project, with frontage on Ynez as well as a curvilinear frontage on the interior private street, posed challenging constraints to site design. To address the specific requirements for the operation of the Action Maytag appliance business, the architect proposes an "L" shaped building, with unloading areas and access to subterranean storage in the rear of the site. Trucks and employees have a separate entrance to the site, while customers enter businesses at the front of the building. The applicant has provided ample landscaping areas fronting Ynez Road, particularly at the corners, as well as a pedestrian/employee plaza area with seating at the entrance to the building. R:\STAFFRPT\I54PA98.PC 7/8/98 klb 2 Architecture The architect has worked with staff as well as the Ynez Commercial Center Architectural Committee to create a cohesive building with four-sided articulation. Wall masses are broken up with storefront indents, pillars, multi-level roof features, and style accents. Additionally, features have been extended to the proposed corner monument sign and the trash enclosure on site. Landscaping Proposed landscaping exceeds the minimum required. The applicant provides an attractive entry and storefront. Furthermore, the side of the building that fronts the private street has been screened with landscaping along the handicapped accessible ramp, transformer and trash enclosure. Access, Traffic and Circulation Both access driveways to the site are from the interior private street. Circulation conflicts are minimized with customers entering at the front of the building, and employee and trucks using the east entrance to the rear of the building. Staff anticipates a low level of traffic generated by the project. Floor Area Ratio The applicant has requested an increase in the floor area ratio in correspondence dated May 28, 1998 (attached). The Planning Commission may consider an increase in the maximum allowable intensity, in accordance with Section 17.08.050 of the Development Code. Staff feels that the request is justified in that the basement storage space which is necessary for the appliance business, and the private third floor office space, do not significantly contribute to the intensity of the use. The City Engineer has determined that the project at its proposed FAR, does not create unmitigable impacts upon the traffic circulation in the area or overburden the utilities serving the area. Additionally, the site design provides 4% more landscaping than the required minimum, creating a pleasant frontage along both Ynez Road and the private street. Lastly, the architectural treatment is four-sided, and is carried to the corner monument sign and the trash enclosure, creating a cohesive project. Correspondence Received None. EXISTING ZONING AND GENERAL PLAN DESIGNATION The General Plan Land Use designation for the site is CC (Community Commercial). Existing zoning for the site is also CC (Community Commercial). Retail and office uses are permitted with the approval of a development plan pursuant to Chapter 17.05 of the Development Code. The project as proposed is consistent with the Development Code and the General Plan. R:\STAFFRPT\154PA98.PC 7/8/98 klb 3 ENVIRONMENTAL DETERMINATION An Initial Study has been prepared for this project. The Initial Study determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval for the project. Any potentially significant impacts will be mitigated. FINDINGS The proposed uses are in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The project is consistent with all City Ordinances including: the City's Development Code, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions. While the Floor Area Ratio for the project exceeds the target FAR of 30% for the Community Commercial Zone, at 34% it falls within the range established by the General Plan of 0.25 to 1.0 FAR. With an intensity bonus, the project does not exceed the maximum FAR of the zone. The overall development of the land is designed for the protection of the public health, safety and welfare. The project as proposed complies with all City Ordinances and meets the standards adopted by the City of Temecula designed for the protection of the public health, safety and welfare. An initial Study was prepared for the project and it has determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval added to the project. The project will not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. The project site has been previously disturbed and graded, and street improvements have already been installed on site. Development has occurred on parcels surrounding the site, and the project can be considered infill development. There are no native species of plants, no unique, rare, threatened or endangered species of plants, no native vegetation on or adjacent to the site. Further, there is no indication that any wildlife species exist, or that the site serves as a migration corridor. A DeMinimus impact finding can be made for this project. R:\STAFFRPTX154PA98,PC 7/8/98 klb 4 Attachments: PC Resolution - Blue Page 6 A. Conditions of Approval - Blue Page 9 Initial Study - Blue Page 20 Mitigation Monitoring Program - Blue Page 34 Exhibits - Blue Page 39 A. Vicinity Map B. General Plan Map C Zoning Map D. Site Plan E. Landscape Plan F. Elevations G. Floor Plans H. Grading Plan Correspondence from the applicant's representative dated May 28, 1998 - Blue Page 40 R:\STAFFRPT\lS4PA98,PC 7/8/98 klb 5 ATTACHMENT NO. 1 RESOLUTION NO. 98- R:\STAFFRPT\154PA98 PC 7/8/98 klb 6 ATTACHMENT NO. 1 PC RESOLUTION NO. 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0154 (DEVELOPMENT PLAN), THE DESIGN, CONSTRUCTION AND OPERATION OF A 14,703 SQUARE FOOT BUILDING ON ONE ACRE, LOCATED ON THE EAST SIDE OF YNEZ ROAD, SOUTH OF SOLANA WAY, IN THE YNEZ CENTER COMMERCIAL PARK, AND KNOWN AS ASSESSOR'S PARCEL NO. 921-750-012 WHEREAS, Wayne Phelps filed Planning Application No. PA98-0154, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA98-0154 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA98- 0154, on July 15, 1998, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA98-0154; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. _.F_inclingi The Planning Commission, in approving Planning Application No. PA98-0154(Development Plan), hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code; A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the City. While the Floor Area Ratio for the project exceeds the target FAR of 30% for the Community Commercial Zone, at 34% it falls within the range established by the General Plan of 0.25 to 1.0 FAR. With an intensity bonus, the project does not exceed the maximum FAR of the zone. R:\STAFFRPTXI54PA98,PC 7/8/98 klb 7 B. The overall development of the land is designed for the protection of the pul~lic health, safety and general welfare. C. The design of the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There is no fish wildlife or habitat on the project site, and the project will not affect any fish wildlife or habitat off-site. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Section 3. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. Section 4. Conditions. That the City of Temecula City Council hereby conditionally approves Planning Application No. PA98-0154 (Development Plan) for the design, construction and operation of a 14,703 square foot building on one acre, located on the east side of Ynez Road, south of Solaria Way, in the Ynez Center Commercial Park, and -known as Assessor's Parcel No. 921-750-012, subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED this fifteenth day of July, 1998. Marcia Slaven, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the fifteenth day of July, 1998 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\STAFFRPTXI54PA98.PC 7/8/98 klb 8 EXHIBIT A CONDITIONS OF APPROVAL R:XSTAFFPdrI~154PA98.FC 7~8~98 klb 9 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA98-0154 - Development Plan Project Description: To construct and operate a 14,703 square foot, multi-story building for bulk retail and general office uses, Assessor's Parcel No.: Approval Date: Expiration Date: 921-750-012 July 15, 1998 July 15, 2000 PLANNING DEPARTMENT General Requirements Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Plot Plan which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et sea., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. R:\STAFFRYF\I54PA98.PC 7/8/98 klb 10 6. 7. 8. 11. The development of the premises shall conform substantially with Exhibit "D" - Site Plan, and Exhibit "H" - Conceptual Grading Plans, approved with Planning Application No. PA98-0154, or as amended by these conditions. A minimum of 34 vehicle parking spaces, 2 bicycle and 1 motorcycle space shall be provided. A minimum of two (2) handicapped accessible vehicle parking spaces shall be provided. Bicycle racks shall be designed and installed in accordance with the City's Development Code. Landscaping shall be provided in substantial conformance with Exhibit "E" - Conceptual Landscape Plan, or as amended by these conditions. Landscaping installed for the project shall be continuously maintained to the satisfaction of the Planning Manager. If it is determined that the landscaping is not being maintained, the Planning Manager shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The maintenance of all landscaped areas shall be the responsibility of the developer. The development of the premises shall conform substantially with Exhibit "F" - Elevations, and Exhibit "G" - Floor Plans, approved with Planning Application No. PA98- 0154, or as amended by these conditions. All mechanical and roof mounted equipment shall be screened from public view behind the building parapet wall. The colors and materials used for the project shall conform substantially with approved Exhibit 'T' - Color and Material Board, or as amended by these conditions. Material Color Tile roof, 2-piece barrel Pinto Blend #29700 Roof trim - wood w/stucco over La Habra "Eggshell" X73 Second Roof trim - wood w/stucco over Dunn Edwards "Beige Pebble" SP168 Tile accent CEPAC CO-218, 12"square to match "Burnt Crimson" Stucco building &enclosure walls, sand texture La Habra "Eggshell" X73 Styrofoam molding w/stucco over Hollow cast columns Storefront lower panels & doors Storefront mullions Aluminum frame windows Steel doors Metal gates Canvas awnings Metal reveal/control joint Rough sawn beams Wrought iron guardrails Dunn Edwards "Beige Pebble" SP168 Dunn Edwards "Bone China" SP514 Dunn Edwards "Burnt Crimson" SP165 Dunn Edwards "Burnt Crimson" SP165 Dunn Edwards "White" SP1 Dunn Edwards "Bone China" SP514 Painted to match "Burnt Crimson" Constructed w/material to match"Burnt Crimson" Dunn Edwards "Bone China" SP514 Dunn Edwards "Bone China" SP514 Dunn Edwards "Sable" SP262 R:\STAFFRPT\IS4PA98.PC 7/8/98 klb 11 12. An Administrative Development Plan application for signage shall be required to review and approve colors. 13. Within seven (7) days after the approval of this project, the applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints each of the Color and Materials Board and colored architectural elevations presented at the public hearing. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 14. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program. Prior to the Issuance of Grading Permits 15. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. 16. The applicant shall comply with the provisions of Chapter 8.24, Habitat Conservation of the Temecula Municipal Code by paying the appropriate fee set forth in that ordinance or provide evidence that these fees have been paid. Prior to the Issuance of Building Permits 17. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 18. Development Impact Fees shall be paid per Ordinance No. 97-09 and Council Resolution No. 97-45 establishing the Fee Schedule. The Planning Manager has determined that the project qualifies as a Service Commercial land use and shall pay $1.270 per square foot of gross building area. 19. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. The location, number, genus, species, and container size of the plants shall be shown. These plans shall be consistent with the Water Efficient Ordinance and conform substantially with the approved Exhibit "E" Conceptual Landscape Plan or as amended by these conditions. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with the approved plan). R:/STAFFRPT',i54PA98.pC 7/8/98 klb 12 Prior to the Issuance of Occupancy Permits 20. All landscaped areas shall be planted in accordance with approved landscape and irrigation plans. 21. All required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Planning Manager. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 22. Separate building permit applications for the installation of signage shall be submitted in conformance with City ordinances and the approved Exhibit "F" Elevations. 23. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stat;ng the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (909) 696- 3000." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 24. Performance securities, in amounts to be determined by the Director of Planning, and an Agreement that guarantees the removal of any maintenance and operations trailers, temporary parking, or temporary landscaping, shall be filed with the Community Development Department - Planning Division. 25. Performance securities, in amounts to be determined by the Planning Manager, and an Agreement that guarantees for one year from final certificate of occupancy the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Community Development Department - Planning Division. Upon the completion of one year, the developer shall request inspection of the site to verify that the landscaping and irrigation system have been maintained in a condition satisfactory to the Planning Manager, at which time the bond shall be released. 26. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:\STAFFP, PTXI~4PA98.PC 718198 klb 13 BUILDING DEPARTMENT 27. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 28. Submit at time of plan review complete exterior site lighting plans in compliance with ordinance number 655 for the regulation of light pollution. 29. Obtain all building plan and permit approvals prior to commencement of any construction work. 30. The Occupancy classification of the proposed buildings shall be M/S-1. 31. Obtain street addressing for all proposed buildings prior to submittal for plan review. 32. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1994) Provide disabled access from the public way to the main entrance of the building. Provide van accessible parking located as close as possible to the main entry. Show path of accessibility from parking to furthest point of improvement, Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. Restroom fixtures, number and type, to be in accordance with the provisions of the 1994 edition of the Uniform Plumbing Code, Appendix C. Provide an approved automatic fire sprinkler system. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. Provide electrical plan including load calcs and panel schedule, plumbing schematic and mechanical plan for plan review. Truss calculations that are stamped by the engineer of record and the truss manufacturers engineer are required for plan review submittal. Provide precise grading plan for plan check submittal to check for handicap accessibility. A preconstruction meeting is required with the building inspector prior to the start of the building construction. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. R:/STAFFRPT\I54PA98.pC 7/8/98 klb 14 FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 44. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the Uniform Building Code (UBC), Uniform Fire Code (UFC), and related codes which are in force at the time of building plan submittal. 45. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC Appendix Ill.A, Table A-Ill-A-1. The developer shall provide or show there exists a water system capable of delivering 1750 GPM for a 2 hour duration at 20 PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (UFC 903.2, Appendix Ill. A) 46. The Fire Prevention Bureau is required to set minimum fire hydrant distances per UFC Appendix Ill. B, Table A-Ill-B-1. A combination of on-site and off-site super fire hydrants (6" x 4" x 2-2 Y=" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (UFC 903.2, 903.4.2, and Appendix Ill-B) 47. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6)inches. (UFC 902.2.2.1 and Ord 95-15) 48. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform tr~ hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (UFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) 49. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (UFC 901.4.3) 50. Prior to issuance of a Certificate of Occupancy or building final, all commercial buildings shall display street numbers in a prominent location on the street side of the building. The numerals shall be minimum twelve (12) inches in height for buildings and six (6) inches for suite identification on a contrasting background. In strip centers, businesses shall post the suite address on the rear door(s). (UFC 901.4.4 and Ord 95-15) R:\STAFFRPTXlS4PA98.PC 7/8/98 klb 15 51. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (UFC Article 10, UBC Chapter 9 and Ord 95-15) 52. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (UFC Article 10) 53. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. The Knox-Box shall be supervised by the alarm system. (UFC 902.4) 54. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (UFC 902.4) 55. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions Uniform Fire Code Article 81 and all applicable National Fire Protection Association standards. (UFC Article 81) PUBLIC WORKS Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission will subject the project to further review and may require revision. General Requirements 56. A Grading Permit for precise grading, including all onsite flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 57. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 58. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. R:\STAFFRPT\I54PA98.PC 7/8/98 klb 16 Prior to Issuance of a Grading Permit 59. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 60. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 61. A Soils Report shall be prepared by a registered Soils or Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 62. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works 63. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 64. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 65. The Developer shall obtain any necessary letters of approval or slope easements for offsite work performed on adjacent properties as directed by the Department of Public Works. 66. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. Prior to Issuance of a Building Permit 67. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Department of Public Works. The following design criteria shall be observed: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207. R:\STAFFRPT\I54PA98,pC 7/8/98 klb 17 c. All street and driveway centerline intersections shall be at 90 degrees. All concentrated drainage directed towards the public street shall be conveyed through undersidewalk drains. 68. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 69. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. Prior to Issuance of a Certificate of Occupancy 70. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works 71. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 72. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. OTHER AGENCIES 73. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control transmittal dated May 12, 1998, a copy of which is attached. 74. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated April 27, 1998, a copy of which is attached. 75. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated April 27, 1998 a copy of which is attached. 76. The applicant shall comply with the recommendations set forth in the Eastern Information Center's transmittal dated April 24, 1998 a copy of which is attached. R:\STAFFRPTXI54PA98.pC 7/8/98 klb 18 By placing my signature below, I confirm that I have read, I understand and I accept all the above mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Department approval. Applicant's Signature Date R:\STAFFRIrFX154PA98,PC 7/8198 klb 19 EXHIBIT A CITY COUNCIL ORDINANCE NO. 98- P:INAASEHSL~d2)ULT.CC 7/g/98 sn ]4 EXHIBIT A ORDINANCE NO. 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ZONING REGULATION AND LICENSING OF SEXUALLY ORIENTED BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. It is the purpose and intent of this Ordinance to provide/'or the reasonable and uniform constitutionally permissible regulation of sexually oriented businesses in the City of Temecula. This City Council Finds that the secondary effects of sexually oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the purpose of this Ordinance to establish criteria and standards for the establishment and conduct of sexually oriented businesses which will protect the public health, safety, and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances and community disruption related to the operation of sexually oriented businesses, and maintain local property values. B. Sexually oriented businesses, due to their nature as shown in the evidence referenced and incorporated herein, will affect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parldng, neighborhood character, and will create a demand on public safety and emergency services, and will have an adverse impact upon real estate values in the City of Temecula. C. It is the purpose and intent of this Ordinance to establish proper regulations and to provide for a reasonable number of appropriately located sites for sexually oriented businesses within the City of Temecula, based upon the following findings: i. The City Council in adopting this Ordinance takes legislative notice of the existence and content of the following studies that describe and substantiate the adverse, secondary effects of sexually oriented businesses: Austin, Texas: Indianapolis, Indiana: 1986 1984 P:XNAASEHS~'.DULT.CC 7/8/98 sn 15 Los Angeles, California: Phoenix, Arizona: St. Paul, Minnesota: Garden Grove, California Upland, California 1977 1979 1989 1991 1992 2. Based on the foregoing studies and the other written and oral evidence presented to the Planning Commission and this City Council, the City of Temecula finds that: a. Sexually oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and, b. Both the proximity of sexually oriented businesses to sensitive land uses and the concentration of sexually oriented businesses tend to result in the blighting and downgrading of the property located within areas in which they are located. 3. The studies conducted in the identified communities referenced above demonstrate that the proximity and concentration of sexually oriented businesses adjacent to residential, recreational, religious, educational, or other sexually oriented businesses can cause other businesses and residents to move elsewhere; the same effect is believed to be applicable in this City in light of the circumstances present in our community. 4. The studies conducted in various communities referenced above have demonstrated that sexually oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them; the same effect is believed to be applicable in this City in light of the circumstances present in our community. 5. The special regulation of sexually oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that sexually oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity with sensitive uses such as residential zones and uses, parks, schools, churches, or day care centers, thereby having a deleterious effect upon the adjacent areas and the subject property. 6. It is the purpose and intent of these regulations to direct the location of sexually oriented businesses and thereby to prevent such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially minors, the special regulation of the time, place, and manner of the location and operation of sexually oriented businesses is necessary. 7. The protection and preservation of the public health, safety and welfare require that certain distances be maintained between sexually oriented businesses and residential uses and zones, churches, schools, day care centers, parks and other sexually oriented businesses. P:2qAASEHSXADULT.CC 7/8/98 sn 16 In the preparation of this Ordinance, the City of Temecula has taken the location of residential, religious, educational, recreational and other sexually oriented businesses into consideration and has endeavored to minimize the effect that sexually oriented businesses have upon those sensitive areas and upon the community in general. 8. The need to regulate the proximity of sexually oriented businesses to sensitive land uses such as residential, religious, educational, recreational and other sexually oriented businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this Section. 9. The report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, indicates that: a. Community impacts of sexually oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of a sexually oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and, b. The impacts of sexually oriented businesses are exacerbated when they are located near one another. When sexually oriented businesses have multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can have the impact of several separate businesses. 10. In consideration of the findings of the report of the State of Minnesota Attorney General 's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple sexually oriented businesses in order to mitigate the compounded concentrations as described above. 11. In adopting the regulations set out in this Chapter, it is recognized that locating sexually oriented businesses covered by this Chapter in the vicinity of facilities frequented by minors w'~l cause the exposure of minors to adult material which, because of their immaturity, may adversely affect them. In addition, it is recognized that many persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and to an adverse effect on minors. 12. Zoning, licensing and other police power regulations are legitimate reasonable means of accountability to ensure that the operators of sexually oriented businesses comply with reasonable regulations and are located in places which minimize the adverse secondary affects that which naturally accompany the operation. P:XNAASEHSL~DULT.CC 7/8/98 sn 17 13. The City of Temecula has a legitimate health concern about sexually transmitted diseases, including AIDS, which demands reasonable regulations of sexually oriented businesses in order to protect the health and well-being of its citizens. 14. The City Council has considered the decisions of the United States Supreme Court regarding local regulation of sexually oriented businesses, including but not limited to: Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v. Playtime Theaters, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132; FW/PBS, Inc. v. Dallas, 493 U.S. 215 (1990); and Barnes v. Glen Theater Inc., 111 S.Ct. 2456, 115 L.Ed 2d 504 (June 21, 1991). 15. The City Council has determined that locational criteria alone do not adequately protect the health, safety and general welfare of the people of Temecula and thus certain requirements regarding the ownership and operation of sexually oriented businesses are in the public interest. 16. The City Council desires to protect the rights conferred by the United States Constitution. As such, the Council hereby legislates in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies, case law and other testimony have shown as associated with the development and operation of sexually oriented businesses. 17. It is not the intent of the City Council under this Ordinance nor any provision thereof, to condone nor legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce State of California obscenity statutes against such illegal activities in Temecula. 18. It is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral Ordinance which addresses the adverse secondary effects of sexually criented businesses only as to premissable time, place and manner factors. 19. The provisions of this Ordinance would have no effect on the environment and is therefore exempt from requirements of the Califomia Environmental Quality Act CCEQA") pursuant to CEQA Guidelines Section 15061Co)(3). This section indicates that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It also states, that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to the provisions of CEQA. P:M'qAASEHS~DULT. CC 7/8/98 sn 18 D. On October 22, 1996, the City Council approved Ordinance No. 96-18 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA IMPOSING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS." Ordinance No. 96-18 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 had a term of forty five (45) days from its adoption. E. On November 12, 1996, the City Council approved Ordinance No. 96-20 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS" implements the above provisions and was intended to extend the moratorium adopted by Ordinance No. 96-18 and adopted the interim sexually oriented business regulations for the period commencing on the expiration of Ordinance No. 96-18 and ending 10 months and 15 days thereafter. F. On September 9, 1997, the City Council approved Ordinance No. 97-15 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS." Ordinance No. 97-15 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 has an expiration date of October 15, 1998. G. The Planning Department has reviewed the interim regulations and studied revisions of them for the permanent regulations. This study included the sites available for sexually oriented businesses under the existing Zoning Ordinance and interim regulations to determine whether such locations continue to be appropriate for sexually oriented businesses and whether other locations would be appropriate, the potential concentration of sexually oriented businesses, and their location to other existing and future sensitive land uses. H. The City Council finds and determines that uses regulated or prohibited by this Ordinance would be in conflict with the general plan and with the zoning Ordinance for the location of sexually oriented businesses. It is the purpose and intent of this Ordinance to provide for the reasonable and uniform regulation of sexually oriented businesses in the City of Temecula. It is recognized that sexually oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located if not properly regulated. It is therefore the purpose of this Ordinance to establish criteria and standards for the establishment and conduct of sexually oriented businesses which will protect the public health, safety, and general welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of sexually oriented businesses, and maintain local property values. Uses P:hNAASEHS~.DULT,CC 7/8/98 sn 19 prohibited by this Ordinance would affect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking, neighborhood character, and will create a demand on public safety and emergency services, and will have an adverse impact upon real estate vaiues in the City of Temecula. Section 2. to read as follows: Chapter 5.09 is hereby adopted and added to the Temecula Municipal Code "Chapter 5.09 SEXUALLY ORIENTED BUSINESS REGULATIONS Sections: 5.09.001 5.09.002 5.09.004 5.09.006 5.09.008 5.09.012 5.09.014 5.09.016 5.09.018 5.09.020 5.09.022 5.09.024 5.09.026 5.09.028 5.09.030 5.09.032 5.09.034 Purpose and Intent Prohibition and Applicability Definitions Restricted to Community Commercial Zone Required Approvals for Establishment and Operation of a Sexually Oriented Businesses General Requirements for Approval of Conditional Use Permits for Sexually Oriented Businesses Special Requirements for Approval of Conditional Use Permits for Sexually Oriented Businesses to Allow Customers to Remain on the Premises While Viewing Any Live, Filmed or Recorded Entertainment, or While Using or Consuming the Products or Service Supplied on the Premises Special Requirements for Approval of Conditional Use Permits for Sexually Oriented Businesses Which Provide Adult Arcades with One (1) or More Viewing Area(s) Special Requirements for Approval of Conditional Use Permits for Sexually Oriented Businesses Which Provide Live Entertainment Depicting Specified Anatomical Areas or Involving Specified Sexual Activities Administration of Conditional Use Permits Requirements for Sexually Oriented Business License Administration of Sexually Oriented Business License Sexually Oriented Business Employee Permit Required Sale/Serving of Alcohol and Persons Under the Influence of Alcohol of Controlled Substances; Age Regulations Nonexclusive Violations/Penalties Public Nuisance P:~NAASEHSXADULT.CC 7/8/98 sn 20 5.09.001 Purpose and Intent. The purpose and intent of this Chapter is to regulate sexually oriented businesses which, unless closely regulated, are demonstrated to have serious secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of Sexually Oriented Businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of Sexually Oriented Businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of Sexually Oriented Businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the Sexually Oriented Businesses. It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this Chapter to restrict or deny access by adults to communication materials or to deny access by the distributors or exhibitors of Sexually Oriented Businesses to their intended market. Nothing in this Chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City Ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. 5.09.002 Prohibition and Applicability No business license, Sexually Oriented Business license, land use entitlement, permit (including building permits), site plan, certificate of occupancy, zoning clearance or other land use authorization for a Sexually Oriented Business, Adult Arcade, Adult Bookstore, Adult Video Store, Adult Cabaret, Adult Hotel/Motel, Adult Motion Picture Theater, Adult Theater, or other use described in this Chapter, as defined in this Chapter, shall be issued, granted or permitted, except as set forth herein. A Sexually Oriented Business shall be permitted if the business complies with provisions of this Chapter. 5.09.004 Definitions. The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Adult Arcade shall mean an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. PNqAASEHSXADULT.CC 7/8/98 sn 2 ] Adult Bookstore or Adult Video Store shall mean an establishment which dedicates over ten percent (10%) of its retail floor area to the sale, rental or viewing for any form of consideration any one or more of the following: Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. Sexually Oriented Business shall mean any business establishment, entity or concern which as a regular and substantial course of conduct performs or operates as an Adult Bookstore, or Adult Video Store, Adult Theater, Adult Motion Picture Theater, Adult Cabaret. Adult Motel/Hotel, Adult Arcade, or any other business, entity or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter or activity depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas but not including those uses or activities, the regulation of which is preempted by state law. Sexually Oriented Business shall also include any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place dressed only in lingerie. Adult Cabaret shall mean a nightclub, restaurant or similar business establishment which regularly features live performances which are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities, or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. Adult Hotel/Motel shall mean a hotel or motel or similar business establishment offering public accommodations for any form of consideration which either: Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas, and advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television; 2. Rents, leases, or lets any room for less than a six (6) hour period; Rents, leases or lets any single room more than twice in a twenty-four (24) hour period; Allows a tenant or occupant to sub-rent a guest room for a time period less than ten (10) hours. P:MNAASEHSXADULT.CC 7/8/98 sn 22 Adult Material shall mean books, magazines, periodicals or other printed matter, or photographs, films, sculptures, signs, motion pictures, video cassettes, laser discs, computer simulations or graphics, slides or other visual representations which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. Adult Motion Picture Theater shall mean a business establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. Adult Theater shall mean a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities. I. Establishment of a Sexually Oriented Business includes any of the following: 1. The opening or commencement of any such business as a new business; The conversion of an existing business, whether or not a Sexually Oriented Business, to any of the Sexually Oriented Businesses defined herein; The addition of any of the Sexually Oriented Businesses defined herein to any other existing Sexually Oriented Business; or The relocation of any such Sexually Oriented Business. 5. The substantial enlargement of Sexually Oriented Business. Owner or Permit Holder or Permittee. For purposes of this Chapter, Owner, Permit holder or Permittee shall mean any of the following: 1. The sole proprietor of a Sexually Oriented Business; or Each general partner of a partnership which owns and operates a Sexually Oriented Business; or Each owner of ten percent (10%) or more of stock in a corporation which owns and operates a Sexually Oriented Business. Person shall mean and includes person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s). P:~JAASEHSXADULT.CC 7/8/98 sn 23 "Regular and substantial course of conduct and business shall mean any Sexually Oriented Business where one or more of the following conditions exist: The area(s) devoted to the display of Adult Material exceeds fifteen percent (15 %) of the total "Display" area of the business or 100 square feet which ever is less. Display area shall include the area the racks or any other means to display the adult materials and the walkways and areas used to view or access the displayed materials; or The business or concern presents any type of live entertainment characterized by an emphasis on Specified Sexual Activity or Specified Anatomical Areas, or performers, models or employees appearing in public dressed only in lingerie on any four (4) or more separate days within any thirty (30) day period; or Religious Institution shall mean a structure which is used primarily for religious worship and related religious activities; School shall mean any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of Education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university. Specified Anatomical Areas shall include any of the following: Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities shall includes any of the following: The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; 2. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy; 3. Masturbation, actual or simulated; Excretory functions as part of or in connection with any of the activities described in subdivisions 1 through 3 of this subsection; or P:MNAASEHSXADULT.CC 7/8/98 sn 24 Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models dressed only in lingerie or other coverings to the point where Specified Anatomical Areas are exposed. Substantial Enlargement shall mean the increase in floor area occupied by the Sexually Oriented Business by more than ton percent (10%) of the floor area in use for that purpose in existence on the effective date of this Chapter. Transfer of Ownership or Control of A Sexually Oriented Business shall mean and include any of the following: 1. The sale, lease or sublease of the business; or The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, including the transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. Police and Fire Departments shall mean the agencies providing police and fire services for the City of Temecula, whether by contract or as employees. 5.09.006 Restricted to Sexually Oriented Business Overlay Zone. No Sexually Oriented Business shall be established, expanded, or conducted except in the Sexually Oriented Business Ove~ay Zone. Further, Sexually Oriented Businesses shall only be established, expanded, or conducted in accordance with all the regulations contained in this Chapter. 5.09.008 Required Approvals for Establishment and Operation of a Sexually Oriented Business. It shall be unlawful for any person to operate, engage in, conduct or carry on any Sexually Oriented Business within the City of Temecula unless the person operating the Sexually Oriented Business obtains: A Sexually Oriented Business License pursuant to Sections 5.09.022 through 5.09.024 of this Chapter; and A Conditional Use Permit for the location where the Sexually Oriented Business will be conducted, pursuant to Sections 5.09.010 through 5.09.020 of this Chapter. The applications for the Sexually Oriented Business License and the Conditional Use Permit shall be submitted concurrently by the applicant and shall not be accepted by the City unless all submittal requirements for both applications are included with each P:XNAASEHSXADULT. CC 7/8/98 sn 25 application. The Director of the Community Development and the Director of Finance, respectively, shall establish the submittal requirements for the Conditional Use Permit and the Sexually Oriented Business License. Each employee of a Sexually Oriented Business or an independent contractor working at a Sexually Oriented Business three or more times during a continuous thirty (30) day period shall obtain a Sexually Oriented Business Employee Permit pursuant to Section 5.09.026, prior to working at the Sexually Oriented Business. The application shall include all submittal requirements as determined by the Director of Finance before being accepted by the City for processing. 5.09.012 General Requirements for Approval of All Conditional Use Permits for Sexually Oriented Businesses. In addition to the zoning requirements and Conditional Use Permits requirements of the Temecula Development Code, the following additional general requirements contained in this Section shall be satisfied by all Sexually Oriented Businesses and/or shall be included in any approved Conditional Use Permit. Furthermore, the special requirements contained in Sections 5.09.014 through 5.09.018 shall be applied to the specified businesses included in these Sections. The following requirements shall be included in the approval of all Conditional Use Permits for Sexually Oriented Businesses: The application shall be sworn to be true and correct by the Owner under penalty of perjury; The building, structure, equipment and location used by the business which is the subject of this application complies with the requirements and standards of the health, zoning, fire and safety laws of the State of California and of the City of Temecula; C, Except as specifically provided in this Chapter, the Sexually Oriented Business shall comply with all other zoning, parking, development and design standards applicable to the zone in which the business is located. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the latest Uniform Fire and Building Codes adopted by the City of Temecula or imposed on the City by operation of law. The facility shall be operated by a person with a valid Sexually Oriented Business License at all times. All the employees of Sexually Oriented Businesses as required by Section 5.09.026 shall operate with valid Sexually Oriented Business Permits. The Sexually Oriented Business shall not be located, in whole or in part, within any portable structure. P:h'-JAASEHSXADULT.CC 7/8/98 sn 26 H. No Sexually Oriented Business shall be open or operating during the hours from 10:00 p.m. to 8:00 a.m. No person under the age of eighteen (18) years shall be permitted within the premises at any time. The building entrance to a Sexually Oriented Business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. The notice shall be constructed and posted to the reasonable satisfaction of the Director of Community Development or designee. The Sexually Oriented Business shall not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would foreseeably increase the demand for parking spaces beyond the approved number of parking spaces for the business. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business. The Sexually Oriented Business shall not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and shall not allow such activities on the premises. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. Such opaque covering shall be subject to approval of the Director of Community Development. No Adult Material shall be displayed in such manner as to be visible from any location other than within the premises occupied by the Sexually Oriented Business. No Sexually Oriented Business shall be operated in any manner that permits the observation of any material depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. All indoor areas of the Sexually Oriented Business within which patrons are permitted, except rest rooms, shall be open to view at all times. All on-site signage shall conform to the relevant provisions of both the Temecula Municipal Code and the Zoning Ordinance regarding signs. All Adult Materials and activities shall be concealed from view from any public right-of-way, parking lot or neighboring property. P:~AASEHS~DLrLT.CC 7/g/gg sn 27 No loudspeakers or sound equipment shall be used by a Sexually Oriented Business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the City of Temecula. Lighting shall be required which is designed to illuminate all exterior grounds including off-street parking areas to a minimum of 2.0 foot candles serving such use for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism and theft. The lighting shall be shown on the required lighting plans and shall be reviewed and approved by the Department of Community Development. All areas of Sexually Oriented Businesses accessible to patrons except as otherwise required by law for adult motion picture theaters, and as provided in Section 5.09.016 (Adult Arcades), and Section 5.09.018 (Sexually Oriented Businesses with live entertainment) shall be illuminated at least to the extent of twenty (20) foot-candles, minimally maintained and evenly distributed at ground level. Such lighting shall be shown on the required lighting plan. The Sexually Oriented Business shall provide and maintain separate rest room facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any Adult Material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not be applicable to a Sexually Oriented Business which deals exclusively with sale or rental of Adult Material which is not used or consumed on the premises, such as an Adult Bookstore or Adult Video Store, and which does not provide rest room facilities to its patrons or the general public. Landscaping shall conform to the standards established for the zone, except that, if the Sexually Oriented Business is the sole use on a lot, no planting shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground. The Sexually Oriented Business shall comply with the restrictions regarding the sale/serving of alcohol and persons under the influence of alcohol and controlled substances contained in Section 5.09.028 of this Chapter. 5.09.014 Special Requirements for Approval of Conditional Use Permits for Sexually Oriented Businesses to Allow Customers to Remain on the Premi_qes While Viewing Any Live, Filmed or Recorded Entertainment, or While Using or Consuming the Products or Service Supplied on the Premises. Sexually Oriented Businesses which allow customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or service P:XNAASEHSXADULT.CC 7/8/98 sn 28 supplied on the premises shall provide at least one el) security guard on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open or customers remain on the premises. If the occupancy limit of the premises is greater than fifty (50) persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged, the operator, with preventing violations of law and enforcing compliance by patrons with the requirements of this Chapter, and notifying the City Police Chief and Building Official of any violations of law observed. Any security guard required by this subparagraph shall be uniformed in such manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state and/or local law. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder. 5.09.016 Special Requirements for Approval of Conditional Use Permits for Sexually Oriented Businesses which provide Adult Arcades with One (1) or More Viewing Area(sL Sexually Oriented Businesses which provide adult arcades with one (1) or more viewing area(s) shall conform with these additional requirements: Upon application for a Conditional Use Permit for an Adult Arcade, the applicant shall provide a floor plan of the premises showing a plan thereof specifying the location of one (1) or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed twenty eight (28) square feet of floor area with no dimension greater than seven (7) feet. The diagram shall also designate the place at which the Sexually Oriented Business License will be conspicuously posted. No alteration in the configuration or location of a manager's station(s) may be made without the prior approval of the City Planning Commission. It shall be the duty of the Owner(s) to ensure that at least one (1) employee is on duty and situated at each manager's station at any time that a patron is present inside the Adult Arcade. The interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view from at least one manager's station of every area of the Adult Arcade to which any patron is permitted access for any purpose, excluding rest rooms. If the Adult Arcade has two (2) or more manager' s stations designated, then the interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view of each area of the Adult Arcade to which any patron is permitted access for any purpose, excluding rest rooms, from at least one (1) of the manager' s stations. The view required in this subsection must be by direct line of sight from the manager's station. It shall be the duty of the Owner(s) and all employees present on the Adult Arcade to ensure that the individual viewing area specified in subsection 5.09.016 (6) remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials P:LNAASEHSLADULT,CC 7/8/98 sn 29 at all times and to ensure that no patron is permitted access to any area of the Adult Arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subparagraph 5.09.016 (1) of this paragraph. No Individual Viewing Area may be occupied by more than one (1) person at any one time. "Individual Viewing Area" shall mean a viewing area designed for occupancy by one (1) person. Individual Viewing Areas of the Adult Arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two (2) or more Individual Viewing Areas. No individual viewing area shall contain booths, stalls, or partitioned portions to be used for the viewing of adult material or other forms of entertainment, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one (1) side open to the manager's station and visible to such manager's station. Any booth, stall or partitioned portion of an individual viewing area authorized under this subparagraph 5.09.016 (7) shall be constructed so as to allow twelve (12) inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times. The Adult Arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access but such lighting shall not be of an intensity as to prevent the viewing of the adult material. Such lighting shall be shown on the required lighting plan. It shall be the duty of the Owner(s) and it shall also be the duty of all employees present on the Adult Arcade to ensure that the illumination described above is maintained at all times that any patron is present on the Adult Arcade. 5.09.018 Special Requirements for Approval of Conditional Use Permits for Sexually Oriented Businesses Which Provide Live Entertainment Depictirlg Specified Anatomical Areas or Involving Specified Sexual Activities. Sexually Oriented Businesses which provide live entertainment depicting Specified Anatomical Areas or involving Specified Sexual Activities shall conform with the following additional requirements: No person shall perform live entertainment for patrons of a Sexually Oriented Business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least six (6) feet from the nearest area occupied by patrons, and no patron shall be permitted within six (6) feet of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the Sexually Oriented Business, or any person who, without any compensation or other form of consideration, performs live entertainment for patrons of a Sexually Oriented Business. The Sexually Oriented Business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. P:/NAASEHSXADULT.CC 7/8/98 sn 30 The Sexually Oriented Business shall provide an entrance/exit to the Sexually Oriented Business for entertainers which is separate from the entrance/exit used by patrons. The Sexually Oriented Business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the Sexually Oriented Business shall provide a minimum four- foot (4') wide walk aisle for entertainers between the dressing room area and the stage. with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between entertainers and patrons required by this paragraph. No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. The Adult Arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than twenty (20.0) foot candies as measured at the floor level. This lighting shall be shown on the required lighting plan. 5.09.020 Administration of Conditional Use Permits. In addition to the provisions set forth in Section 17.04.010 of the Temecula Development Code, the Conditional Use Permits for Sexually Oriented Businesses shall be administered according to the following: A , Time Limits For Action On Conditional Use Permit. An application for a Conditional Use Permit shall be approved or denied by the Planning Commission, based upon the satisfaction or failure to satisfy the standards applicable thereto, within forty-five (45) calendar days of the determination that the application is complete by the Department of Community Development. Ap.neals. The City Council on appeal, shall approve an application for a Conditional Use Permit for a Sexually Oriented Business upon findings that the Applicant has met all the applicable requirements and performance standards of this Chapter. An Appeal shall be conducted pursuant to Section 17.03.090 of the Temecula Development Code with the sole exception that an appeal for an Adult Conditional Use Permit shall be heard within thirty (30) days of its filing with the City Clerk. Any proceeding to seek judicial review of any City Council decision shall be brought in accordance with the provisions of the Temecula Municipal Code and applicable State Law. P:XNAASEHS~ADULT.CC 7/8/98 sn 3 1 Suspension and Revocation of a Conditional Use Permit. In addition to the provisions set forth in Section 17.03.080, the Planning Commission may suspend or revoke any Condi- tional Use Permit if it is found that any of the following conditions exist in addition to the criteria set forth in this Chapter: The operation conducted by the permittee does not comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances, the requirements of this Chapter, the Conditional Use Permit, or Sexually Oriented Business Permit, or is in violation of, or has violated, one or more of the conditions of approval of the Conditional Use Permit or; 2. That the approved use has been substantially enlarged without City approval; That the approved use has been partially or wholly converted to another Sexually Oriented Business without City approval; That the Conditional Use Permit has not been utilized within six months of its issuance; or 5. The Sexually Oriented Business License has been suspended or revoked. 5.09.022 Requirements for Sexually Oriented Business License. In addition to the general Business License requirements contained in Chapter 5.04 of the Temecula Municipal Cede, the following additional general requirements contained in this Section shall be satisfied by all owners seeking a Sexually Oriented Business License. Failure to comply with each and all of applicable requirements shall be grounds for revocation of the Sexually Oriented Business License issued pursuant to this Chapter. The following requirements shall be included in the approval of all Sexually Oriented Businesses: If a Sexually Oriented Business is owned by a corporation, partnership, limited liability company or partnership, or other business entity, then each person owning or having control of ten percent (10%) or more of the entity shall also obtain a Sexually Oriented Business License. Such persons may apply for the Sexually Oriented Business License on the same application and application process as the entity which will own the Sexually Oriented Business. No Sexually Oriented Business License shall be sold, transferred, or assigned by any License holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such License, and such License shall be thereafter null and void. A Sexually Oriented Business License held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. P:XNAASEHS\ADULT.CC 7/8/98 sn 32 Any change in the nature or composition of the Sexually Oriented Business from one type of Sexually Oriented Business use to another type of Sexually Oriented Business use shall also render the Sexually Oriented Business License null and void. 5.09.024 Administration of Sexually Oriented Business License. Application For Sexually Oriented Business License. Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the Finance Department. Such application shall contain: 1. The name and permanent address of Applicant. The name and business address of the Applicant. If the Applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation and the Applicant shall show the name and residence address of each of the officers, directors and each stockholder owning no tess than ten percent (10%) of the stock of the corporation. If the Applicant is a partnership, limited liability company or limited liability partnership, the application shall show the name and residence address of each of the members, including limited partners with a ten percent (10%) or more interest; A detailed description of the manner of providing any proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment; 4. Proposed hours of operation; The name or names of the person or persons having the management or supervision of Applicant's business and of any entertainment; A statement of the nature and character of Applicant's business if any, to be carried on in conjunction with such entertainment; and Whether the Applicant or any of the other Owners of the Sexually Oriented Business has had a previous permit under this Ordinance or other similar ordinances from this City or another city or county denied, suspended or revoked, including the name and location of the Sexually Oriented Business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the Applicant or any other individuals listed pursuant to this Section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that has permitted under this Section whose permit has previously been denied, suspended or revoked, including the name and location of the Sexually Oriented Business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. P:\NAASEHSXADULT.CC 7/8/98 an 33 Whether the Applicant or any other Owner holds any other permits and/or licenses for a Sexually Oriented Business from another city or county, and if so the names and locations of such other permitted businesses. If a person who wishes to operate a Sexually Oriented Business is an individual, he/she must sign the application for a permit as Applicant. If a person who wishes to operate a Sexually Oriented Business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a permit as an Applicant. If a corporation is listed as Owner of a Sexually Oriented Business or as the entity which wishes to operate such a business, each individual having a ten percent (10%) or greater interest in the corporation must sign the application for a permit as an Applicant. 10. Each application shall be accompanied by a non-refundable fee for filing or renewal in an amount determined by resolution of the City Council, which will be used to defray the costs of investigation, inspection and processing of such application. Investigation. Upon receipt of a Sexually Oriented Business License application by the City Finance Department and upon payment of the non-refundable application fee: The City Finance Department shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Police Department and any other City departments or other agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the Applicant, application and the proposed Sexually Oriented Business License in accordance with its responsibilities under law and as set forth in this Chapter. The investigation shall be completed within twenty-five (25) days of receipt of the application by the City Finance Department. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. A department or agency shall disapprove an application if it finds that the proposed Sexually Oriented Business will be in violation of any provision of any statute, code, Ordinance, regulation or other law in effect in the City. Decision By Director of Finance on Application For Sexually Oriented Business License. The Director of Finance or designee shall grant or deny an application for a License within forty-five (45) calendar days from the date of its proper filing. Upon the expiration of the forty-fifth (451h) day, unless the Applicant requests and is granted a reasonable extension P:iNAASEHSNADU~T.CC 7/8/98 sn 34 of time, the Applicant shall be permitted to begin operating the business for which the License is sought, unless and until the Director of Finance notifies the Applicant of a denial of the application and states the reason (s) for that denial. Grant of Application For Sexually Oriented Business License. The Director of Finance shall grant the application unless one or more of the reasons set forth in Section 5.09.024 E. (Denial of Application for License) below is present. The License, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration clam, and the address of the Sexually Oriented Business. The permit shall be posted in a conspicuous place at or near the entrance to the Sexually Oriented Business so that it can be easily read at any time. Denial of Application of Sexually Oriented Business License. If the Director of Finance denies the application, he/she shall notify the Applicant of the denial in writing and state the reason(s) for the denial. If a person applies for a License for a particular location within a period of twelve (12) months from the date of denial of a previous application for a License at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied. The Director of Finance shall deny the application for any of the following reasons: The Applicant, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the Police Department, Fire Department or other department of the City; The Applicant has had any type of Sexually Oriented Business License revoked by any public entity within two (2) years of the date of the application; The Applicant, manager or any agent or employee of the Sexually Oriented Business has been convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnaping, distribution of obscene material or material harmful to minors, prostitution or pandering or as a result of the operation of the operation of a Sexually Oriented Business, whether or not the conviction is in California, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261,261.5,264.1,266, 266a through 266k, inclusive, 267, 286, 286.5,288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, whether or not such a conviction is being appealed; 4. The Applicant is under eighteen (18) years of age; P:'a'qAASEHSL~.DULT.CC 7/8/98 sn 3 5 H, 5. The required application fees have not been paid; or Inspection. An Applicant or Licensee shall permit representatives of the Police Department, Health Department, Fire Department, Code Enforcement, Community Development Department, or other City Departments or Agencies to inspect the premises of a Sexually Oriented Business for the purpose of insuring compliance with the law, at any time it is occupied or opened for business. A person who operates a Sexually Oriented Business, or ins or her agent or employee, is in violation of the provisions of this Section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business. Renewal. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the License shall not be affected. In addition to the provisions set forth in Chapter 5.04.160 of the Temecula Municipal Code for a renewal of applications, all proposed changes since the filing of the initial application shall be specified in the renewal application. Denial of Renewal of Business Licenses. If the Director of Finance denies renewal of the License, the Applicant shall not be issued a License for one (1) year from the date of denial. If, subsequent to denial, the Director of Finance finds that the basis for denial of the renewal of the License has been corrected, the Applicant shall be granted a License if at least ninety (90) days have elapsed since the date denial became final. Revocation of Sexually Oriented Business License. After an investigation, notice and hearing, the Director of Finance shall revoke an existing Sexually Oriented Business License, as shall be found necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one or more of the following conditions exist: The building, structure, equipment and location used by the business fail to comply with the requirements or fail to meet the standards of the health, zoning, fire and safety laws of the State of Califomia, or of the ordinances of the City of Temecula; The Licensee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license, or in any report or record required to be filed with the Police or other department of the City; The Licensee has had any type of Sexually Oriented Business License revoked by any public entity within three (3) years of the date the license was issued; Them is not a responsible adult on the premises to act as a manager at all times in which the business is open or operating; P:\NAASEHS~x. DULT.CC 7/8/98 sn 36 10. 11. The Licensee is convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnaping, distribution of obscene material or material harmful to minors, prostitution or pantiering or as a result of the operation of the operation of a Sexually Oriented Business, whether or not the conviction is in California, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261,261.5,264.1,266, 266a through 266k, inclusive, 267, 286, 286.S, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647 whether or not the conviction is being appealed; If, on one (1) or more occasions within a twelve (12) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection (5) above, which offense has occurred as a result of or has originated from such persons' activity on the premises or property on which the Sexually Oriented Business is located, and the person or persons were employees, contractors or agents of the Sexually Oriented Business at the time the offenses were committed; If the Licensee or any employee of the Licensee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; The Sexually Oriented Business has operated in violation of any of the requirements of this Chapter and, If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the Licensee, or If the violation is of a noncontinuous nature two (2) or more additional violations of the ~ane provision, or four (4) or more violations of any other of the provisions, of this Chapter occur (regardless of whether notice of each individual violation is given to Licensee within any twelve (12) month period; That the subject Sexually Oriented Business has employed minors; or That the Conditional Use Permit for the use has been suspended or revoked. Applicants for a License under this Section shall have a continuing duty during the term of the license to promptly supplement application information required by this Section in the event that the information changes in any way from what is stated on the application. The failure to comply with the continuing duty within thirty (30) days from the date of such change, by supplementing the application on file P:\NAASEHS~,ADULT.CC 7/8/98 sn 37 with the Director of Finance or his/her designee, shall be grounds for revocation of a License. Hearing on Revocation of Sexually Oriented Business License. Upon determining that grounds for license revocation exist, the Director of Finance shall furnish written notice of the proposed revocation to the Licensee. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the Licensee may request a hearing within fifteen (15) calendar days of the postmarked date on the notice which shall be delivered both by posting the notice at the location of the Sexually Oriented Business and by sending the nolice by certified mail, postage prepaid, addressed to the Licensee as that name and address as appears on the License. It is the Licensee's responsibility pursuant to Section 5.09.024 to notify the City of any changes in address of the Licensee during the time the permit is in effect. Within fifteen (15) calendar days after the later of the mailing or posting of the notice the Licensee may file a request for hearing with the Director. If the request for a hearing is fled within fifteen (15) calendar days of the mailing or posting of the notice referred to herein, the Director shall transmit the request to the Planning Commission, and the hearing shall be provided. Upon receipt of a written request for a hearing, the Planning Commission shall conduct a hearing. The Planning Commission shall conduct a hearing within thirty (30) calendar days of the filing of such request by the Licensee. Notice of time and place of the hearing shall be given to the Licensee by personal service or via certified mail, postage prepaid, at least fifteen (15) calendar days in advance of the date set for the public hearing. At the hearing, the Licensee and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The Planning Commission shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the Planning Commission. At the conclusion of the heating, the Planning Commission shall decide whether the grounds for revocation exist and shall submit a written report to the Director of Finance. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the Director of Finance regarding whether the License is to be revoked. All such reports shall be filed with the City Clerk and shall be public records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the Licensee on the day it is filed with the City Clerk. If the Planning Commission determines that any grounds for revocation exist, as provided in Section 5.09.024 I. of this Chapter, the Director of Finance, based upon the report of the Planning Commission or, if no hearing was requested by the Licensee, based upon the report of the City staff, shall immediately revoke the Sexually Oriented Business License. The decision of the Planning Commission shall be appealable to the City Council by the filing of a written appeal with the City Clerk within fifteen (15) calendar days following the date of mailing of such decision. A timely filed appeal shall vacate the decision of the Planning Commission. Any such appeal shall be a de novo public hearing held in the manner and within the time limitations set forth in Section 5.09.020.A. The decision of the City P:\NAASEHSL~d)ULT.CC 718198 sn 3g Council upon appeal, or the decision of the Planning Commission in the absence of a timely appeal, shall be final and conclusive. No application for a Sexually Oriented Business License shall be accepted or processed for any person, corporation, partnership, or member thereof, or any other entity for which a Sexthally Oriented Business License has been revoked within the preceding three (3) year period. 5.09.026 Sexually Oriented Business Employee Permit Required. Each Employee of a Sexually Oriented Business or an independent contractor working at a Sexually Oriented Business three or more times during a thirty (30) day period shall obtain a Sexually Oriented Business Employee Permit issued by the Police Chief. Each person requesting a Sexually Oriented Business Employee Permit shall submit a verified application on a form provided by the Police Department which shall contain the name and permanent address of the applicant, the name and address of the location where the applicant will work, a statement as to whether the applicant is over the age of eighteen, and such other information as the Police Chief requires in order to decide whether the permit can be granted. B. The Police Chief shall grant the license unless he or she finds: 1. The Applicant is under the age of eighteen; The Applicant has been convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnaping, distribution of obscene material or material harmful to minors, prostitution or pantiering or as a result of the operation of a Sexually Oriented Business, whether or not the conviction is in California, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261,261.5,264.1,266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315,316, or 647, whether or not such a conviction is being appealed. The Sexually Oriented Business at which the Applicant proposes to work is not properly permitted or licensed within the City of Temecula; or The Applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application or any document required to be filed with the Police Department. Within two (2) business days of an application being filed and determined complete by the Police Chief, the Police Chief shall approve or deny a Temporary Sexually Oriented P:xNAASEHS~s, DULT.CC 7/8/98 sn 39 Business Employee Permit for the Applicant. If a Temporary Sexually Oriented Business Employee Permit is approved it shall be in effect for a maximum of forty five (45) days or until such time as a permanent permit is issued. If the Temporary Sexually Oriented Business Employee Permit or the Permanent Sexually Oriented Business Employee Permit is denied, the Police Chief shall notify the Applicant in writing and shall state the reasons for the denial. The permanent Sexually Oriented Business Employee Permit shall be valid for a period of one (1) year. The Applicant who has been issued Sexually Oriented Business Employee Permit shall have a continuing duty to report to the Police Chief any change in the facts disclosed in the initial application. 5.09.028. Sale/Serving of Alcohol and Persons Under the Influence of Alcohol of Controlled Substances; Age. It is unlawful to sell, serve or permit the consumption of alcohol or controlled substances in a structure occupied by a Sexually Oriented Business. It is unlawful for any person under the age of eighteen (18) years or any person obviously under the influence of alcohol or a controlled substance to enter or remain on the premises of a Sexually Oriented Business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the Sexually Oriented Business. It is unlawful for any person having responsibility for the operation of a Sexually Oriented Business, to allow any person under the age of eighteen (18) years to enter or remain on the premises of the business, whether or not such person having responsibility for the operation of a Sexually Oriented Business has knowledge that the person is under the age of eighteen (18) years; or to allow any person obviously under the influence of alcohol or a controlled substance to enter or remain on the premises of the business. For the purposes of this Section, the Licensee of a Sexually Oriented Business License, when present on the premises, and the manager or other person(s) in charge of the premises, are persons having responsibility for the operation of the business. As used in this Section "controlled substance" means those substances defined and described in Health and Safety Code Section 11007 as it now exists or may be subsequently amended or renumbered. 5.09.030 Regulations Nonexclusive. The regulations set forth in this Chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of Sexually Oriented Businesses as adopted by the City Council of the City of Temecula. P:/a~JAASEHSXADULT.CC 7/8/98 sn 40 5.09.032 Violations/Penalties. Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. Any violation of the provisions of this Chapter shall constitute a separate offense for each and every day during which such violation is committed or continued. 5.09.034 Public Nuisance. In addition to the penalties set forth at Section 5.09.032 above, any Sexually Oriented Business which is operating in violation of this Chapter or any provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation." Section 3. Chapter 5.08 of the Temecula Municipal Code is hereby repealed. Section 4. Table 17.03.010 in Section 17.03.010 of the Temecula Development Code is hereby revised to read, in words and figures, as follows: TABLE 17.03.010 PLANNING AND ZONING APPROVAL AUTHORITY Approval Conditional Use Permits-All Sexually Oriented Businesses ** Community * Admin. Development Planning * Approval Director Commission City Council X Section 5. Section 17.08.020 of the Temecula Development Code is hereby revised to add subsection (H) thereto, to read as follows: "Sexually Oriented Business Overlay Zone (ABO). It is the intent of the Sexually Oriented Business Overlay Zone to designate areas that Sexually Oriented Businesses may be considered provided that they meet the provisions of Chapter 5.09 of the Temecula Municipal Code. This area is generally away from residential uses and is primarily located within the commercial districts." P:B'qAASEHSL~DULT.CC 7/8/98 sn 41 Section 6. Subsection "A' of Table 17.08.030 of Section 17.08.030 of the Temecula Development Code, is amended to read as follows: Table 17.08.030 :S~hedule of Permitted Uses Commercial/Office/Industrial Districts Sexually Oriented Businesses-subject to Chapter 5.09 of the Temecula Municipal Codca C C C -~ 4. Only Within Sexually Oriented Business Ove~ay Zone Section 7. The City of Temecula Zoning Map is amended to add a Sexually Oriented Business Overlay Zone~ as shown on Exhibit B, attached hereto and incorporated herein by this reference. Section 8. If any section, subsection, sentence, clause or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Temecula hereby declares that it would have passed and adopted this Ordinance, and each and all provisions thereof, irrespective of the fact that any one or more of the provisions may be declared to be invalid. Section 9. The City Clerk shall certify to the passage of this Ordinance as an urgency Ordinance and shall cause the same to be published as required by law. P:~NAASEHSXADULT.CC 7/8/98 sn 42 PASSED, APPROVED, AND ADOFrED this _th day of ., 1998. Ron Roberrs, Mayor ATTEST: Susan W. Jones, City Clerk, CMC [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 98-__, was duly adopted and passed at a regular meeting of the City Council on , 1998, by the following vote AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, City Clerk, CMC P:~AASEHS~A.DULT.CC 7/8/9g sn 43 EXHIBIT B SEXUALLY ORIENTED BUSINESS OVERLAY ZONE (ABO) P:~NAASEHS'~DULT.CC 7/8/9g sn 44 Exhibit B Sexually Oriented Business Overlay Zone (ABO) ATTACHMENT NO. 2 RELEVANT INFORMATION REGARDING SEXUALLY ORIENTED BUSINESSES SUBMITTED UNDER SEPARATE COVER P:\NAASEHSXAI)Lq_TCC 7/g/9g sn 45 AVAILABLE IN THE PLANNING DEPARTMENT BY CONTACTING VALERIE WIMBERLY PN',3AASEHSXADULT.CC 7/9/98 sn 46 DAVID P. ZAPPE General Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CON'I~OL AND WATER CONSERVATION DISTRICT 1995 MARKET STREET RIVERSIDE, CA 92501 909/275-1200 909/788-9965 FAX City of Temecula Plannin De arlment Post O ce Temecula. Califomia 92589-9033 Attention: (".~/:2,f')//5 Ladies.ndGen,eme.: ,e: ( p[A c/g. _O/SZ/) Plvt ZV7/Z4 The District does not normally recommend Conditions for land divisions or other land use cases in inCorporated Cities. The District also does not lan check city land use cases, or provide State Division of Real Estate letters or other flood hazard repqrts for su~,l~cases. District Comments/recommendations for such cases are normally limited to items of specific interest to the District inctudin District Master Drainage Plan facilities other re ional flood control and draina e facilities which Could be consi~gered e logical Component or extension of a master ~n s stem and D strict Area 8raina9e P an fees (deve opment mitigation fees). n add tion, nformat on of a general nsa~usre is provided. The District has not reviewed the proposed project in detail and the follow~n9 checked Comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: L/' This prpiect would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional ~nterest proposed. This project involves Disthct Master Plan facilities. The Distdct will acce t ownership of such facilities on written request of the City. Facilities must be Constructed to District stan~Pdrds and District plan check and inspection will be required for District acceptance. Plan check inspection and administrative fees will be requ red. This project proposes channels storm drains 36 inches or larger in diameter, or other facilities that could be considered regional in nature and/or a I ical extension of the adopted Master Drainage Plan. The District wolul°~ Consider accepting ownership ot such tac~lmes on written request of the City. FaCilities must be constructed to District standards, and D~stdct Ran check and inspection will be required for District acceptance. plan check, inspection and administrative fees will be required. actual permit. GENERAL INFORMATION This project ma uire a National Pollutant Discharge Elimination System (NPDES permit from the State Water Resources Con~trolm~oard. Clearance for grading recordation or other final approva?should not be given until the C ty has determ ned that the project has been granted a permit or s shown to be exempt. If this pro'ect involves a Federal Emergen,~y Management Agency (FEMA mapped flood plain, then the Ci should require ge applicant to provide all studies calculations, plans and o~er ~nformation r_equired to meiet'{ FEMA requirements, and should further require that the a plicant obtain a Conditional Letter of Map Revision CLOMR) pdor to grading, recordation or other final approva~Pof the project, and a Letter of Map Revision (LOMR(~ pdor to occupancy. If a natural waterCourse or mappod fio{xl plain is im acted by this project, the City should require the a licant to obtain a Section 160111603 Agreement from the Car~omia Department of Fish and Game and a Clean P~gter Act Section 404 Permit from the U.S. Army Corps of Engineers, or whtten Correspondence from these a endes indicating the project is exempt fi'om these requwements. A Clean Water Act Section 401 Water Quail Cer~cation may be required from the local California Regional Water Quality Control Board pdor to ssuance of ~e Corps 404 permit. Very truly yours, STUART E. MCKIBBIN TO: FROM: KE: COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH DATE: April 27. 1998 CITY OF TEMECULA PLANNING DEPARTMENT A :Carol Dn oe,. C~~ Environmental Health Specialist III PLOT PLAN NO. PA98-0154 , The Department of Environmental Health has reviewed the Plot Plan No. PA98-0154 and has no objections. Sanitary sewer and water services may be available in this area. PRIOR TO ANY PLAN CHECK SUBMITTAL for health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sewering agencies. b) Tl~ree complete sets of plans for each food establishment will be submitted, including a fixture schedule. a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 694-5022. c) A clearance letter from the Hazardous Services Materials Management Branch (909) 694-5055 will be required indicating that the project has been cleared for: · Underground storage tanks, Ordinance #617.4. · Hazardous Waste Generator Services, Ordinance #615.3. · Hazardous Waste Disclosure (in accordance with Ordinance #651.2). · Waste reduction management. 3. Waste Regulation Branch (Waste Collection/LEA). CH:dr (909) 955-8980 NOTE: Any current additional requirements not covered, can be applicable at time of Building Plan review for final Department of Environmental Health clearance. cc: Doug Thompson stand3bdoc r' hnc o Wmr April 27, '1998 Ms. Carole Donahoe, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY LOT NO. 12 OF PARCEL MAP NO. 27714 APN 921-750-012 PLANNING APPLICATION NO. PA98-0154 Dear Ms. Donahoe: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 98/SB:mcO68/F012-T3/FCF c: Laude Williams, Engineering Services Supervisor CALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM Eastern Information Center Department of Anthropology' Universi~ of California Riverside, CA 92521-041B Phone (909) 787-5745 Fax (909) 787-5409 CULTURAl, RESOURCE REVIEW DATE: Ap(':~ 3"~, lqq% RE: Case Transmittal Reference Designation: ?Aq~ -olSq Records at the Eastern Information Center of the California Historical Resources information System have been reviewed to determine if this project would adversely affect prehistoric or historic cultural resourzes: The proposed project area has not been surveyed for cultural resources and contains or is adjacent to known cultural resourceis). A Phase I study is recommended. Based upon existing data the proposed project area has the potential for eontalning cultural resources. A Phase I study is recommended. A Phase I cultural resource study (MF g ) identified one or more euhural resources. The project area conu:ins. or has the possibility of containing, cultural resources. However, due to the nature of the project or prior data recovery studies, an adverse effect on cultural resources is not anticipated. Further study is not recommended. A Phase I cultural resource study (},IF # ,,~O1a ) identified no cultural resources. Further study is not recommended. There is a low probability of cultural resources. Further study is not recommended, -L If, during construction, cultural resources are encountered. work should be halted or diverted in the immediate area while a qualified archaeologist evaluates the finds and makes recommendations. __ Due to the archaeological sensitivity of the area, earthmoving during construction should be monitored by a professional archaeologist. The submission of a cultural resource management report is recommended following guidelines for Archaeolo~cal Resource Management Reports prepared by the California Office of Historic preservation. Preservation Planning Bulletin 4(aL December 1999, Phase I Records search and field survey Phase II Testing [Evaluate resource significance: propose mitigation measures for "significant" sites.] Phase Ill Mitigation [Data recovery by excavation, preser~atinn in place, or a combination of the two.] Phase IV Monitor earthmoving activities COMMENTS:~'h:~ ce_rew~cv~.rV{ca '~{~ i.~ '~.-,t_& e~x ~J. ca'~-.,,w-~p~;e~ ~\,mt' l-~.t~r~er,~ra.ee--~'- C~ert~.tk/ex.t~t~td +~,',~ ~ee x~.nu~& ce_-e~q~u,~le If you have any questions, please contact us. Eastern Intbrmation Center ATTACHMENT NO. 2 INITIAL ENVIRONMENTAL STUDY R:\STAFFRPT\154PA98.PC 7/8/98 klb 20 CITY OF TEMECULA Environmental Checklist 1 3 4 5 6. 7 8 9 Project Title: Lead Agency: Contact Person: Project Location: Project Sponsor: General Plan Designation: Zoning: Project Description: Surrounding Land Uses and Setting: Planning Application No. PA98-0154 (Development Plan) for the Action Maytag commercial building City of Temecula 43200 Business Park Drive, Temecula, CA 92590 Carole Donahoe, AICP, Project Planner (909) 694-6400 East side of Ynez Road, south of Solana Way, in the Yncz Center Commercial Park Wayne Phelps, Action Maytag 27574 Commerce Center Dr., #135, Temccula~ CA 92590 CC (Community Commercial) CC (Communi.ty Commercial) The design, conslzuction and operation of a 14,703 square foot multi-tenant commercial building The project is located in an area that has been previously graded. street improvements have been installed and water and sewer are in the vicinity. Buildings are under conslruction to the north, x~4thin the Commercial Center as well as beyond. To the west lies Ynez Road and vacant propert>., across that street. To the east and south there are vacant properties, a storage facility and high densi~' residential (condos and apartments) further east. 10. Other public agencies whose approval is required: Riverside County Fire Department, Riverside County Health Department, Temecula Police Department, Eastern Municipal Water District, Rancho California Water District, Southern California Gas Company, Southern California Edison Company, General Telephone Company, and Riverside Transit Agency. R:\STAFFRFT\154PA98.pC 7/8/98 klb 2 ] ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Sigr~ficant impact" as indicated by the checklist on the folloxving pages. [ ] Land Use and Planning [ ] Hazards [ ] Population and Housing [ ] Noise IX] Geologic Problems [ ] Public Services IX] Water [ ] Utilities and Service Systems I [ Air Quality [ ] Aesthetics [ ] Transportation/Circulation [ ] Cultural Resources [ ] Biological Resources [ ] Recreation [ [ Energy and Mineral Resources [ ] Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: I fred that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. Signature R:\STAFFRPT\I54PA98.PC 7/8/98 klb 22 ISSUES AND SUPPORTING INFORMATION SOURCES Potentially Significant Potenaaa3 1. LAND USE AND PLANNING. Would the proposal: a Conflict with general plan designation or zoning? (Source 1. Figure 2-1, Page 2-17 ) b. Cordlict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c Be incompatible with existing land use in the vicinity? (Source 1, Figure 2-1, Page 2-17) d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (Source 1, Figure 5-4, Page 5-17) e Disrupt or divide the physical an'angement of an established community (including low-income or minority community)? 2. POPULATION AND HOUSENIG. Would be proposal: a Cumulatively exceed official regional or local population projects? b Induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped area or extension of major infrastructure)? c Displace existing housing. especially affurdable housing? GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving? a Fault rupture? (Source 1, Figure 7-1, Pg. 7-6) b. Seismic ground shaking? (Source 1, Figure 7-1. Pg 7-6) c Seismic ground failure, including liquefaction? (Source 1, Figure 7-2, Pg 7-8) d Seiche, tsunami, or volcanic hazard? e. Landslides or mudflows? f. Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? g Subsidence of the land? (Source 2, Figure 7. Pg 68) h. Expansive soils? I Unique geologic or physical features? 4. WATER. Would the proposal result in: Changes in absorpnon rales, drainage patterns, or the rate and amount of surface runoff? b. Exposureofpeopleorpropertytowaterrelatedhazards such as flooding? (Source 1, Figure 7-3, Pg. 7-10, and Figure 7-4, Pg. 7-12) c Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? [ I [ ] [ l [ ] [ ] [ ] Ix] [ ] [ ] [ ] [xI [ ] [ ] [ ] ix] [ ] [ ] [ ] [x] ( ] [ ] [xj [ l [ ] [ ] [ I ix] [ ] [ ] [ ] [x] [ ] [x] [ ] [ ] [ ] [x] [ 1 [ ] [ ] [ ] [ ] [x] [ I [ ] [ ] [x] [ ] [ ] [ ] ix] [ ] [ ] ix] [ ] [ ] [ ] [ ] [x] [ ] [ ] [x] [ ] [ ] [ ] [ ] Ix] [ ] Ix] f ] f ] [ ] [ ] [ ] [x] [ ] Ix] [ ] [ ] R:\STAFFRPT',I54PA98.PC 7/8/98 klb 23 ISSUES AND SUPFORTiNG INFORMATION SOURCES d. Changes in the amount of surface water in any water body? e. Changes in currents, or the course or direction of water movements? f. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquLfer by cuts or excavations or through substantial loss of groundwater recharge capability? g. Altered direction or rate of flow of groundwater? h impacts to groundwater quality? 1. Substantial reduction in the amount of groandwater otherwise available for public water supplies? (Source 2, Pg. 263) 5. AIR QUALITY. Would the proposal: a. Violate any air quality standard or conlrlbute to an existing or projected air quality violation? (Source 3, Pgs. 6-10 and 6-11, Table 6-2) b. Expose sensitive receptors to pollutants? c. Alter air movement, moisture or temperature, or cause any change in climate? d Create objectionable odors? TRANSPORTATION/CIRCULATION. Would the proposal result in: a. increase vehicle trips or traffic congestion? b. Hazards to safety from design lbatures (e.g sharp curves or dangerous intersection or incompatible uses)? c. inadequate emergency access or access to nearby uses? d Insufficient parking capacity on-site or oil-site? (Source 4, Table 17.24(a), Pg. 17-24-9) e Hazards or bamers for pedestrians or bicyclists? f. Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)9 (Source 4, Chapter 17.24, Pg. 12) g. Rail, waterborne or air traffic impacts? BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)? (Source 1, Page 5-15, Figure 5-3) b. Locally designated species (e.g. heritage trees)? (Source 1, Figure 5-3, Page 5-15) c. Locally designated natural communities (eg oak forest, coastal habitat, etc.)? (Source 1, Figure 5-3) [ ] [ ] [ ] ix] [ ] [ ] [ ] [x] [ ] [ ] [ ] [x] [ ] [ ] [ ] ix] [ ] [ ] [ ] [x] [ ] [ ] [ ] [x] [ ] [ 1 { ] [ ] [ ] [ I [x] [ ] [ ] [ ] [x] [ ] [ ] [ ] [x] [ ] [ ] ix] [ ] [ ] [ ] f ] [x] [ ] [ ] [ ] ix] [ ] [ ] [ ] [x] [ ] [ ] [ ] [x] [ I [ ] [ ] [x] [ ] [ ] [ ] Ix] [ ] [ ] [ ] ix] [ ] [ ] [ ] ix] [ ] [ ] [ ] ix] R:\STAFFRPT\154PA98.PC 7~8~98 klb 24 ISSUE3 AND SUPPORTING INFORMATION SOURCES d. Wetland habitat (e.g. marsh, riparian and vernal pool)? (Source 1, Figure 5-3) e. Wildlife dispersal or migration corridors? 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a. Conflict with adopted energy conservation plans? b Use non-renewal resources in a wasteful and inefficient manner? c. Resultinthelossofavailabililyofaknownmineralresource that would be of future value to the region and the residents of the State? 9. HAZARDS. Would the proposal involve: a A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticicles, chemical or radiation)? (Source 1, Figure 7-5, Pg 7 - 14) b. Possible interference with an emergency response plan or emergency evacuation plan? c The creation of any health hazard or potential health hazard? d Exposure ofpeople to existing sources ofpotential hcahh hazards? e Increase fire hazard in areas with flagable brush, grass. or trees? 10. NOISE. Would the proposal result in: a Increase in existing noise levels? b Exposure of people to severe noise levels? 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a Fire protection? b. Police protection? c Schools? d. Maintenance ofpublic facilities, including roads? e Other governmental services? 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a Power or natural gas? b Commumcations systems? [ ] [ ] [ ] [xl [ ] [ ] [ ] Ix] [ ] [ I [ ] ix] [ ] [ ] [x] [ 3 [ ] [ ] [ ] Ix] [ ] [ ] [ ] ix] [ ] [ ] [ I ix] [ ] [ ] [ l [ ] [ ] [ ] [x] [ ] [ ] [ ] [xt [] { i Ixl [ ] [ ] Ix] l ] [ ] [ ] [x] [ ] [ ] [ ] Ix] [ ] [ ] [ ] [x] [ ] [ ] [ ] Ix] [ ] [ ] [ ] [x] [ ] [ ] [ ] [ ] ix] [ ] [ ] [ ] Ix] R:\STAFFRPT~I54PA98.pC 7/8/98 klb 25 c. Local or regional water treatment or distribution facilities7 d. Sewer or septic tanks? (Source 2, Pg. 39-40) e. Storm water drainage? Solid waste disposal? g Local or regional water supplies? 13. AESTHETICS. Would the proposal: a. Affect a scenic vista or scenic highway? b. Have a demonstrable negative aesthetic effect? c Create light or glare? 14. CULTURAL RESOURCES. Would the proposal: a. Disturb paleontological resources? [ ] (Source 2, Figure 15, pg.70) b. Disturb archaeological resources? [ ] (Source 2, Figure 14, pg. 67) c. Affect historical resources? [ ] d. Have the potential to cause a physical change which would affect unique ethme cultural values? [ ] e, Restrict existing religious or sacred uses within the potential impact area? [ ] 15. RECREATION. Would the proposal: a, Increase the demand for neighborhood or regional parks or other recreational facilities? [ ] b. Affect existing recreational opportunities? [ ] 16, MANDATORY FINDEqGS OF SIGNIFICANCE. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or ammal commumty, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the maj or periods of California history or prehistory? [ ] b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? [ ] c, Does the project have impacts that area individually limited, but cumulatively considerable? C'Cumulatively considerable" means that the meremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other cun-ent projects, and the effects of probable future projects). [ ] [ 1 [ I ix] [ ] [ ] [x] [ ] [ ] ix] [ ] [ ] ix] [ ] [ ] ix] [ ] [ ] [ ] [x] [ ] ix] [ ] [ ] [ ] ix] [ ] [ ] [ ] Ix] [ ] [ ] ix] [ ] [ ] [ ] ix] [ ] [ ] ix] [ ] [ ] ix] [1 [x] [ ] [] ix] [ ] [ ] { ] ix] [ ] [ ] Ix] { ] [ ] [xl R:\STAFFRPTXI54PA98.PC 7/8/98 klb 26 17. d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? EARLIER ANALYSES. None. [l [] [] ix] SOURCES City of Temecula General Plan. City of Temecula General Plan Final Environmental Impact Report. South Coast Air Qualit)' Management District CEQA Air Quality, Handbook. City of Temecula Development Code R:\STAFFRFBIMPA98,PC 718198 Irdb 27 DISCUSSION OF THE ENVIRONMENTAL IMPACTS Land Use and Planning The proposed commercial building is consist with the General Plan and Zoning designation of Community Commercial (CC) Apphance sales and repairs and general office uses are permitted uses pursuant to the CiB' of Temecula Development Code Chapter 17.08. I b The project will not conflict with applicable environmental plans or polices adopted by agencies with jurisdiction over the project. The project is consistent with the City's General Plan Land Use Designation of CC (Community Commercial). Impacts from all General Plan Land Use Designations were anal,,czed in the Environmental Impact Repoil for (EIR) the General Plan. Agencies with jurisdiction within the City commented on the scope of the analysis contained in the EIR and how the land uses would impact their particular agency. Mitigation measures approved with the EIR will be applied to this project. Further, all agencies with jurisdiction over the project have been given the oppoauni~, to comment on the project and it is anticipated that they will make the appropriate comments as to how the project relates to their specific environmental plans or polices. The project site has been previously graded and services have been extended into the area There will be limited, ffany environmental effects on environmental plans or polices adopted by agencies with .jurisdiction over the project No significant effects are anticipated as a result of this project. lc The proposed commercial building is compatible xvith surrounding commercial uses along Ynez Road The use is also consistent with the purposes of the Ynez Center Commercial Park where the site is located The project will not disrupt or divide the physical arrangement of an established community (including low-income or minorit)_' community) The project site Is vacant. There is no established residential community (including low-income or minority community) at tlus site Fuahermom, the site is a commercially zoned properix,, that does not allow residential developments. No significant effects are anticipated as a result of this project. Population and Housing 2.a The commercial building exceeds the floor area ratio established for its zone by 3% or 1.635 square feet. However, the basement floor area is 4,010 square feet and proposed ibr storage of old appliances and the owner's personal items, Given the ~pecific uses of this floor area, the proposed development is not likely to be a significant contributor to population growth which will cumulatively exceed official regional or local population projections. No significant effects are anticipated as a resuh of this project 2b The pro3ect will not induce substantial growth in the area either directly or indirectly. The project is consistent with the General Plan Land Use Designation of Community Commercial The project will not likely cause people to rehicate to or within Temecula, but will serve the needs of existing residents. Therefore, the project will not reduce substantial grox~qh in the area, and no signilicant effects are anticipated as a result of this project. 2 c. Tne project will not displace any ~'pe of housing. The project site is vacant commercially zoned propera'; therefore no housing will be displaced. No significant effects are apticipated as a result of this project. Geologic Problems 3 a,b f,h The prqlect may have a significant impact on people involving seismic ground shaking, seismic ground failure, erosion, changes in topography or unable soil conditions from excavation, grading or fill and expansive soils, The project is located in Southern California, an area which is seismically active, and is located relatively close to the Wildomar Fault Zone. Any potentially significant impacts will be mitigated through building consti"dction which is consistent with Unifoim Building Code standards. Soil repo~ls are ~quired for review as part of development and recommendations contained in these reports will be used to ensure protection from fault rapture, seismic ground shaking, ground failure, landslides or mudflows, or expansive soils. The soils reports will also contain recommendations for the compaction of the soil which will sei',,e to mingate any potentially significant impacts from seismic ground shaking, seismic ground failure (including liquefaction), erosion, changes in topography or unstable soil conditions from excavation, grading or fill and expansive soils. Increased wind and ;rarer R:\STAFFRPT\I54PA98.PC 7/8/98 klb 28 3d 3e Water 4a 4b 4d,e 4 f-h 4.i. erosion of soils both on and off-site may occur during the construction phase of the project and the project may result in. changes in siltation, deposition or erosion. Erosion control techniques will be included as a condition of approval for the project lathe long-run, hardscape and landscaping will serve as permanent erosion control for the project. Modification to topography and ground surface relief features will not be considered significant since modifications will be consistent with the surroondmg development. Potential unstable soil conditions from excavation, grading or fill will be mitigated through the use of landscaping and proper compaction of the soils~ A~.er mitigation measures are performed, no impacts are anticipated as a result of this project. The project will not expose people to a seiche, tsunami or volcanic hazard. The project is not located in an area where any of these hazards could occur. No significant effects are anticipated as a result of this project The project will not expose people to landslides or mudflows. The Final Environmental Impact Report for the City of Temecula General Plan has not identified any known landslides or mudslides located on the site or proximate to the site No significant impacts are anticipated as a result of this project. The project will not impact unique geologic or physical features. No unique geologic features or physical features exist on the site. No significant impacts are anticipated as a result of this prqiect The project will result in changes to absorption rates, drainage patterns and the rate and amount of surface runoff; however, these changes are co~idered less than significant. Previously permeable ground will be rendered impervious by construction of buildings, accompanymg harriscape and driveways. While absorption rates and surface runoff will change, potential impacts shall be mitigated through site design. Drainage conveyances will be required for the project to safely and adequately handle runoff which is created. After mitigation measures are performed, no significant impacts are anticipated as a result of this project. The project will not have a impact to people or property to water related hazards such as flooding because the project site is not located in a flood zone or floodway No significant impacts are anticipated as a result of this prqiect. The project may have a potentially significant eftbet on discharges into surface waters and alteration of surface water quality. Prior to issuance of a grading perrmt for the project, the developer will be required to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be perrmned until an NPDES Notice of intent has been filed or the project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level less than significant. No significant impacts are anticipated as a result of this project. The project will have a less than significant impact in a change in the amount of surface water in any xvaterbody or affect currents, or to the course or direction of water movements. Additional surface runoff will occur because previously permeable ground will be rendered impervious by construction of buildings, accompanying hardsoape and driveways. Due to the limited scale of the project, the additional amount of drainage will not be considered significant, No signi~cant impacts are anncipated as a result of thts project. The project will have a less than significant change in the quantity and quality of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge cepability. Limited changes will occur in the quantity and quality of ground waters; however, due to the nunor scale of the project, they will not be considered significant. Further, construction on the site will not be at depths sofficient to have a significant impact on ground waters~ No significant impacts are anticipated as a result of this project. The project will not result in a substantial reduction m the amount of groundwater othenvise available for public water supplies. According to information contained m the Final Environmental Impact Report for the City of Temecula General Plan, "Rancho California Water District indicates that they can accommodate additional water demands." Water service currently exists in the immediate proximity to the pruject. Water service will need to be provided by Rancho California R:\STAFFRPT\I54PA98,PC 718198 klb 29 Water District (RCWD). This is typically provided upon completion offmancial arrangements between RCW'D and the proper~ owner, No significant impacts are anticipated as a result of this project. Air OualiW The project will not violate any air quality standard or contribute to an existing or projected air qualit5' violation. The project (14,703 square feet of general office and retail commercial uses) is below the threshold for potentially significant air quality impact established by South Coast Air Quality Management District (Page 6-11, Table 6-2 of the South Coast Air Quality Management CEQA Air Quality Handbook). No significant impacts are anticipated as a result of this project 5 b The project will not expose sensitive receptors to pollntants. There are no significant pollutants in proximity to the project nor is it anticipated that the project will generate pollutants. No significant impacts are anticipated as a result of this project. The project will not alter air movement, moisture or temperature, or cause any change in climate. The limited scale of the project precludes it from creating any significant impacts on the environment in this area. No significant impacts are anucipated as a result of this project. 5 d The project may areate objectional odors during the construction phase of the prc~iect. These impacts will be of short duration and are not considered significant. Transportation/Circulation 6.a The project will result in a less than significant increase in vehicle trips; however it will add to traffic congestion. It is anticipated that this project will contribute less than a five percent (5%) increase in existing volumes during the AM peak hour and PM peak hour time frames to the intersections of Ynez Road and Winchester Road. The applicant will be required to pay development impact fees that will be used to address the need for traffic signals and public facilities. After mitigation measures are performed, no impacts are anticipated as a result of this project. 6.b The project will not result in significant hazards to safety from design features. The project is designed to current City standards and does not propose any hazards to safety from design features No significant impacts are anticipated as a result oflhis project 6.c The project will not result in inadequate emergency access or access to nearby uses. The project is designed to cutTent Ci5' standards and has adequate emergency access. No significant impacts are anticipated as a result of this project. 6d The project will have sufficient parking capacity on-site because its design is in compliance with the City's Development Code parking requirements As a result, off-site parking will not be impacted. No significant impacts are anticipated as a result of this project. 6.e. The project will not result m hazards or basrfers for pedestrians or bicyclists because its design is in compliance with the City's Development Code and Design Guidelines. No significant impacts are anticipated as a result of this project. 0f The project will not result in conflicts with adopted policies supporting alternative transportation The proposed development d~esn~t~npedetheuti~izati~n~rdeve~pment~fp~iciessupp~rtinga~temativem~des~ftransp~Hati~n Thcdesignofthe project includes spaces for motorcycles and bicycles. No significant impacts are anticipated as a result of this prRject. of the project. No significant impacts are anticipated as a result of this project. Biological Resources The project will not result in an impact to endangered, threatened or rare species or their habitats, including, but not limited to plants, fish, insects, ammals and birds. The project site has been previously graded and several adjacent properties have buildings already under construction. Currently, there are no native species of plants, no unique, rare, threatened or endangered species of plants, no native vegetation on or adjacent to the site. Further, there is no indication that any wildlife R:\STAFFRPT\I54PA98.PC 7/8/98 ktb 30 species exist at this location. The project will not reduce the number of species, provide a barrier to the migration of animals or deteriorate existing habitat. The project site is located within the Stephen's Kangaroo Rat Habitat Fee Area. Habitat Conservation fees will be required to mitigate the effect of cumulative impacts to the species. No significant impacts are anticipated as a result of this project. 7.b. The project will not result in an impact to locally designated species. Locally designated species are protected in the Old Town Temeeula Specific Plan; however, they are not protected elsewhere in the City. Since this project is not located in Old Town, and since there are no locally designated species on site, no significant impacts are anticipated as a result of this project. 7.c The project will not result in an impact to locally designated natural communities. Reference response 7.b. No significant impacts are anticipated as a result of this project. 7d The project will not result in an impact to wetland habitat. There is no wetland habitat on-site or within proximity to the site No significant impacts are anticipated as a result of this project. 7 e The project will not result in an anpact to wildlife dispersal or migration corridors. The project site does not serve as part of a migration corridor. No significant impacts are anticipated as a result of this project Energy and Mineral Resources The project will not ~mpact and/or conflict with adopted energy conser~'anon plans. The project xvill be reviewed for compliance with all applicable laws pmg to energy conservation during the plan check stage No pen'nits will be issued unless the project is found to be consistent with these applicable laws. No significant impacts are anticipated as a result of this project. 8.b The project will result in a less than significant impact for the use of non-renewable resources in a wasteful and inefficient manner. There will be an increase in the rate of use of any natural resource during construction (construction materials, fuels lbr the daily operation, asphalt, lumber), as well as the depletion ofnourenewable resource(s) and the subsequent depletion of these non-renewable natural resources, due to the scale of the proposed development, these impacts are not seen as significant. 8 c The project will not result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State. No known mineral resoume that would be of future value to the region and the residents of the State are located at this project site. No significant impacts are anticipated as a result of this prgject. Hazards The project will not result in a risk of explosion, or the release of any hazardous substances in the event of an accident or upset conditions since none are proposed in the request. The same is true for the use, storage, transport or disposal of any hazardous or toxic materials. Large quantities of these types of substances will not be associated with this use. The Department of Environmental Health has reviewed the project and the applicant must receive their clearance prior to any plan check submittal. This applies to storage and use of hazardous materials. No significant impacts are anticipated as a result of this project. The project will not interfere with an emergency response plan or an emergency evaluation plan. The subject site is not located in an area which could mapact an emergency response plan The project will take access from a maintained street and will therefore not impede any emergency response or emergency evacuation plans. No significant impacts are anticipated as a result of this project. The project will not result in the creation of any health hazard or potential health hazard. The project will be reviewed for compliance with all applicable health laws during the plan check stage. No permits will be issued unless the project is found to be consistent with these applicable laws. No significant impacts are anticipated as a result of this project. 9.4 The project will not ex'pose people to existing sources of potential health hazards. No health hazards are known to be within proximity of the project. No significant impacts are anticipated as a result of this project. R:\STAFFRPTX154PA98.PC 718198 klb 31 The project will not result in an increase to fire hazard in an area with ~ammable brush, grass, or trees. The project is a commercial seE-storage development in an area that has been graded and some existing development to the east and north. The project is not located within or proximate to a fire hazard area. No significant impacts are anticipated as a result of this project. Noise 10.a, The proposal will result in a less than significant increase to existing noise levels. The site is currently vacant and development of the land logically will result in increases to noise levels during construction phases as well as increases to noise in the area over the long ran. Long-term noise generated by this project would be similar Io or less than the existing and proposed projects under construction to the north, and proposed commercial uses in the immediate area. The prQject site is adjacent to Ynez Road, which the General Plan anticipates generating noise levels in the 60.2 to 70.7 CNEL range at buildout. The General Plan encourages commercial uses adjacent to this roadway. No significant noise impacts are anticipated as a result of this project in either the short or long-term. I 0.b. The project may expose people to severe noise levels during the development/construction phase (short run). Construction machinery is capable of producing noise in the range of 100+ DBA at 100 feet which is considered very armoying and can cause heanng damage from steady 8-hour exposure. This source of noise will be of sho~ duration and therelbre will not be considered significant. There will be no long-term exposure of people to noise. No significant impacts are anticipated as a result of this project. Public Services ll.a, b. Thepr~jectwi~havea~essthansigni~cantimpactup~n~rresuItinaneedf~rnew~ra~tered~re~rp~Iicepr~ecti~n` The project will incrementally increase the need for fire and police protection; however, it will contribute its fair share to the maintenance of service provision from these entities. No significant impacts are anticipated as a result of this project. 11 c The project will have a less than significant impact upon, or result in a need for new or altered school facilities. The project will not cause significant numbers of people to relocate within or to the City of Temecula, and therefore, will not result in a need for new or altered school facilities. No significant impacts are anticipated as a result of this project. The project will have a less than significant impact for the maintenance of public facilities, including roads. Funding for maintenance of roads is dei~ved from the Gasoline Tax which is distributed to the City of Temecula from the State of Calilbrnia. Impacts to current and future needs for maintenance of roads as a result of development of the site will be incremental, however, lhey will not be considered significant. The Gasoline Tax is sufficient to cover any of the proposed expenses 1 I.e. The project will not have an effect upon, or result in a need for new or altered governmental services. No significant impacts are anticipated as a result of this project. Utilities and Service Systems 12.a The project will not result in a need for new systems or supplies, or substantial alterations to po~ver or natural gas. These systems are currently being delivered in proximity to the site. No significant impacts are anticipated as a result of this project. 12.b. The project will not result in a need for new systems or suppiles, or substantial alterations to communication systems (reference response No. 12.a.). No significant impacts are anticipated as a result of this project. 12c The project will not result in the need for new systems or supplies, or substantial alterations to local or regional water treatment or distribution facilities. No sigmficant impacts are anticipated as a result of this project. 12. d. The project xV~l not result in a need for new systems or supplies, or substantial alterations to sanitary sewer systems or septic tanks. While the project will have an incremental impact upon existing systems, the Final Environmental Impact Report ff'EIR) for the City's General Plan states: "both EMWD and RCWD have indicated an ability to supply as much water as is R:\STAFFRPT\I54PAgg.PC 7/8/98 klb 32 required in their services areas (p. 39)." The FEIR further states: "implementation of the proposed General Plan xvould not significantly impact wastewater services (p. 40)." Since the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of this project. There are no septic tanks on site or proximate to the site. No significant impacts are anticipated as a result of this project. 12 .e. The proposal will result in a less than significant need for new systems or supplies, or substantial alterations to storm water drainage. The project will need to provide some additional on-site drainage systems. The drainage system will be required as a condition of approval for the project and will tie into the existing system. No significant impacts are anticipated as a result of this project. 12. f. The proposal will not result in a need for new systems or substantial alterations to solid waste disposal systems. An3' potential impacts fi-om solid waste created by this development can be mitigated through participation in the Source Reduction and Recycling Programs implemented by the City. No sigmfieant impacts are anticipated as a result of this project 12 g The project will not result in a need for new systems or supplies, or substantial alterations to local or regional water supplies Reference response 12.d. No significant impacts are anticipated as a result of this project. Aesthetics 13 .a The project will not have an impact on a scenic vista or scenic highway. The project is not located in an area where there is a scenic vista No significant impacts are anticipated as a result of this project. ]'he project will not have a demonstrable negative aesthetic effect. The site is in an area of exi sting commercial and residential uses, as well as adjacent vacant propert)' that is of similar zoning. The design review process of the proposed development has mitigated the potential significant visual impacts to the adjacent developments through compliance with the Design Guidelines for the Ynez Center Commercial Park, the City's Design Guidelines for commercial developmenl and the use of materials, colors, and landscaping that is compatible with existing construction in the area No significant impacts are anticipated as a result of this project. 13 c. The project will have a potentially significant impact from light and glare. The project will produce and result in iightYglare, as all development of this nature results in new hght sources. All light and glare has the potential to impact the Mount Palomar Observatory. The project will be conditioned to be consistent with Ordinance No. 655 (Ordinance Regulating Lighl Pollution). No significant impacts are anticipated as a result of this project. Cultural Resources 14a- The project will not have an mapact on paleontological, archaeological or historical resources. A Phase I Cultural Resources Study (Mlv#2403) identified no cultural resources at the site. The site has been disturbed from prior grading activity and any mapacts to these resources would have been mitigaled during the grading process. No significant impacts are anticipated as a result of this project. 14 .d. The project will not have the potential to cause a physical change which would affect unique ethnic cultural values Reference response 14.a,c. No significant trapacts are anticipated as a result of this project. 14e The project will not restrict existing religious or sacred uses within the potential impact area No religious or sacred uses exist at the site or are proximate to the site. No significant impacts are anticipated as a result of this project. Recreation The project will have a less than signilicant impact or increase in demand for neighborhood or regional parks or other recreational facilities. The project will not cause significant numbers of people to relocate within or to the City of Temecula, but will primarily serve the needs of the existing residents. However, it may result in an incremental impact or in an increase in demand for neighborhood or regional parks or other recreational facilities. The same is true for the quality or quantity of existing recreational resources or opportunities. Less than significant impacts are anticipated as a result of this project. R:XSTAFFRPT\I54PA98.PC 7/8/98 klb 33 ATTACHMENT NO. 3 MITIGATION MONITORING PROGRAM R:\STAFFRPT\I54PA98.PC 7/8/98 klb 34 Geologic Problems General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Mointormg Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: M it igation Measures: Specific Processes: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measures: Specific Processes: Mitigation Milestone: Responsible Monitoring Party: Mitigation Monitoring Program Planning Application No. PA98-0154 (Development Plan) Expose people to impacts from fault rapture. Ensure that soil compaction is to City Standards. A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. Building pads shall be certified by a registered Civil Engineer. Prior to the issuance of grading and building penmrs. Department of Public Works and Building and Safety Department. Expose people to impacts from seismic ground shaking. Utilize construction techniques that are consistent with the Uniform Building Code. Submit construction plans to the Building and Safety Department for approval. Prior to the issuance of a building permit. Building and Safety Department. Erosion, clmnges in topography or unstable soil conditions from excavation, grading or fill. Planting of slopes consistent with Ordinance No. 457. Submit erosion control plans for approval by the Department of l%blic Works. Prior to the issuance of a grading permit. Department of Public Works. Erosion, changes in topography or unstable soil conditions from excavation, grading or fill. Planting of on-site landscaping that is consistent with the Development Code. Submit landscape plans that include planting of slope to the Planniug Department for approval. Prior to the issuance of a building permit. Plaraung Department. R:\STAFFRPT\I54PA98.PC 7/8/98 klb 35 General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitonng Party: General Impact: Mitigation Measure: Specific Process: Mitigatinn Milestone: Responsible Monitoring Party: Waler General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Exposure of people or propoily to seismic ground shaking, seismic ground failure, landslides or mud flows, expansive soils or earthquake hazards. Ensure that soil compaction is to City standards. A soils report prepared by a registerod Civil Engineer slmll be submitted to the Department of Public Works with the initial grading plan check. Building pads shall be certified by a registered Civil Engineer. Prior to the issuance of grading poreits and building permits. Department of Public Works and Building & Safety Department. Exposure of people or propoily to seismic ground sha'kmg, seismic ground failure, landslides or mudflows, expansive soils or earthquake hazards. Utilize constructinn techniques that are consistent with the Uniform Building Code. Submit construction plans to the Building & Safety Department for approval. Prior to the issuance of building permits. Building & Safety Department The project will result in changes to absorption rates, drainage patterns and the rate and mount of surface ranoff. Methods of controlling ranoff, from site so that it will not negatively impact adjacent proparties, including drainage conveyances, have been incorporated into site design and will be included on the grading plans. Submit grading and drainage plan to the Department of Public Works for approval. Prior to the issuance of grading permit. Depa~ment of Public Works. Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity). An erosion control plan shall be prepared in accordance with City requirements and a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in accordance with the National Pollution Discharge Elimination System (NPDES) requirements. The applicant shall submit a SWPPP to the San Diego Regional Water Qnality Control Board (SDRWQCB) for their review and approval. Prior to the issuance of a grading perhilt. Department of Public Works and SDRWQCB (for SWPPP). R:\STAFFRPT\154PA98.PC 7/8/98 klb 36 Transportation/Circulation General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Increase m vehicle trips or traffic congestion. Payment of Development Impact Fees for road Improvements and traffic impacts. Payment of the Pubhe Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Mumcipal Code. Prior to the issuance of building permits. Building and Safety Department. General Impact: Mitigation Measure: St~ci~c Process: Mitigation Milestone: Responsible Monitoring Party: Increase in vehicle trips or traffic congestion. Payment of Development Impact Fee for traffic signal mitigation. Payment of the Pubhc Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code. Prior to the issuance of building permit Building and Safety Department. Biological Resources General hnpact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Ealangered, threatened or me species or their habitats (including but not limitexl to plants, fish, insects, animals and birds). Pay Mitigation Fee for impacts to Stephens Kangaroo Rat. Pay $500.00 per acre of disturbed area of Stephens Kangaroo Rat habitat. Prior to the issuance of a grading permit. Department of Public Works and Plarmtng Department R:\STAFFRPT\154PA98.pC 7/8/98 klb 37 Public Services General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Respor~sible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: A substantial effect upon and a need for new/altered governmental services regarding fire protection. The project will incrementally increase the need for fire protection; however, it will contribute its fair share to the maintenance of service provision. Payment of Development Impact Fee for Fire Mitigation. Paymemt of the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code. Prior to the issuance of building permit. Building & Safety Department. A substantial effect upon and a need for new/altered schools. No significant impacts are anticipated. Payment of School Fees. Pay current mitigation fees with the Temecula Valley Unified School District. Prior to the issuance of building permits. Building & Safety Department and Temecula Valley Unified School District. A substantial effect upon and a need for maintenance of public facilities, including roads. Payment of Development Impact Fee for road improvements, traffic impacts, and pnblic facilities. Payment of the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Cede. Prior to the issuance of building permits. Building and Safety Department. The creation of new light sources will result in increased light and glare that could affect the Palomar Observatory, Use hghting techniques that are consistent with Ordinance No. 655. Submit lighting plan to the Building and Safety Department for approval. Prior to the issuance of a building permit. Building & Safety Department. R:\STAFFRPT\I54PA98,PC 7/8/98 klb 38 ATTACHMENT NO. 4 EXHIBITS RL\STAFFRPT\I54PAg8 PC '~/8/98 klb 39 CITY OF TEMECULA PLANNING APPLICATION NO. PA98-0154 (Development Plan) EXHIBIT A PLANNING COMMISSION DATE: July 15, 1998 VICINITY MAP CITY OF TEMECULA ®\o EXHIBIT B - ZONING MAP DESIGNATION: CC (Community Commercial) EXHIBIT C - GENERAL PLAN DESIGNATION: CC (Community Commercial) PLANNING APPLICATION NO. PA98-0154 (Development Plan) PLANNING COMMISSION DATE: July 15, 1998 CITY OF TEMECULA 'CommercL~l Center' Mr. Wayne Phelps PLANNING APPLICATION NO. PA98-0154 (Development Plan) EXHIBIT D PLANNING COMMISSION DATE: July 15, 1998 SITE PLAN CITY OF TEMECULA PLANNING APPLICATION NO. PA98-0154 (Development Plan) EXHIBIT E PLANNING COMMISSION DATE: July 15, 1998 ELEVATIONS CITY OF TEMECULA PLANNING APPLICATION NO. PA98-0154 (Development Plan) EXHIBIT F LANDSCAPE PLAN PLANNING COMMISSION DATE: July 15, 1998 CITY OF TEMECULA PLANNING APPLICATION NO. PA98-0154 (Development Plan) EXHIBIT G-1 PLANNING COMMISSION DATE: July 15, 1998 FLOOR PLAN CITY OF TEMECULA · ~ iiiii!llHIIIItll~-~ .......... PLANNING APPLICATION NO. PA98-0154 (Development Plan) EXHIBIT G-2 PLANNING COMMISSION DATE: July 15, 1998 FLOOR PLAN CITY OF TEMECULA PLANNING APPLICATION NO. PA98-0154 (Development Plan) EXHIBIT H GRADING PLAN PLANNING COMMISSION DATE: July 15, 1998 ATTACHMENT NO. 5 CORRESPONDENCE FROM THE APPLICANT'S REPRESENTATIVE DATED MAY 28, 1998 R:\STAFFRFF\I54PA98,PC 7/8/98 klb 40 MANNING ENGINEERING CIVIL/STRUCTURAL CONSULTANTS May 28, 1998 To; City of Temecula Planning Department 43200 Business Park Dr. Temecula, CA 92590 Planning Application No. 98-0154 (Dev. Plan) Action Maytag Commercial Center East side of Ynez Road, South of Solana Attu.: Planning Commissioners Our proposed project is a Commercial Center located in the CC Community Commercial Zone, which has a 30% floor area ratio. Our building exceeds this ratio by 3% in which we are requesting your approval for the increase. The building floor area is 14,703 square feet, 4,010 s.f. of that is a basement for the storage of company files, used appliances and personal items. Therefore the increased area does not effect the overall site design. The architectural design is a modern spanish style and provides an attractive landscape area w/benches for outdoor use of the public and tenants to relax on. They are adjacent to a covered walkway with distinctive circular columns. We feel the architectural and landscape design is very good, one that we are proud of as well the City of Temecula can also be. Our hope is that you will review our project and grant us the approval of Ordinance #17.08.050 Special Use Regulation and Standards that we are requesting. Thank You Very Much, Bruce J. Manning, RCE 41892 ENTERPRISE CIRCLE SO., STE. E · TEMECULA, CA 92590 · (909) 676-1844 · FAX (909) 694-6026 ITEM #6 STAFF REPORT - PLANNING CITY OF TEMECtJLA PLANNING COMMISSION July 15, 1998 Planning Application No. PA97-0293 Zoning Regulation and Licensing of Sexually Oriented Businesses Prepared By: Saied Naaseh RECOMMENDATION: The Community Development Department Staff recommends the Planning Commission: ADOPT Resolution No. 98- based upon the Analysis and Findings contained in the Staff Report BACKGROUND On October 22, 1996, November 12, 1996, and September 9, 1997 the City Council adopted Urgency Ordinances imposing interim standards for Sexually Oriented Businesses. These interim Ordinances were not adopted in response to requests from a sexually oriented business requesting to locate in the City. In fact, they were adopted to clearly identify the areas that these businesses can locate to and the standards that they must comply with in order to obtain approval from the City for their operat;on. To date the City has not received any requests for a sexually oriented business. The interim standards will expire on October 15, 1998. Therefore, there is a need to adopt the City's permanent regulations for these businesses. The proposed Ordinance is different from the Interim Ordinance in two major ways. The first is that these businesses will be permitted in an overlay zone as opposed to all the parcels within the Community Commercial and Service Commercial zones. This overlay zone generally covers all commercially designated zoning districts between 1-15 and the Murrieta Creek north of Rancho California Road to the City Limits. In addition, some commercially designated parcels along Winchester Road and Ynez Road intersections have been included (refer to Attachment 2). The second difference is that the distance requirements between these businesses and sensitive uses, and from each other, have been eliminated. This deletion is due to recent court cases that imply that these restrictions, over time, will reduce the opportunity for these businesses to conduct their business and would impact their First Amendment rights for free speech. DISCUSSION After a careful review of the land use patterns in the City and review of legal matters, staff is proposing to create an overlay zone which permits Sexually Oriented Businesses with a Conditional Use Permit. This overlay zone is appropriate for these businesses since it gives them abundant opportunities to co-exist with other commercial activities. The overlay zone includes 290 parcels. The whole City includes 17,370 parcels with 613 commercial parcels and 440 industrial parcels. Therefore, sexually oriented businesses can locate on over 47 percent of all commercially zoned parcels within the City. A review of the City's base map indicates that most of these parcels have adequate access. In addition, these uses will, for the most Dart, be separated from residential areas. The freeway acts as a physical barrier between residential uses and the potential location of these uses. The remainder of the overlay zone is the northeast and southeast corners of Ynez and Winchester Roads. The northeast side is physically separate from the residential area and the southeast side includes a small area that abuts a residential area but which is physically separated by Margarita Road. The attached Ordinance ensures potentially available sites for sexually oriented businesses, requires approval of a Conditional Use Permit by the Planning Commission to ensure compliance with the standards of this ordinance. It further protects the residents of the City from secondary impacts of these businesses. FINDINGS The Planning Commission in adopting this Ordinance takes legislative notice of the existence and content of the following studies that describe and substantiate the adverse, secondary effects of sexually oriented businesses: Austin, Texas: Indianapolis, Indiana: Los Angeles, California: Phoenix, Arizona: St. Paul, Minnesota: Garden Grove, California Upland, California 1986 1984 1977 1979 1989 1991 1992 Based on the foregoing studies and the other written and oral evidence presented to the Planning Commission of the City of Temecula finds that: Sexually oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and, Both the proximity of sexually oriented businesses to sensitive land uses and the concentration of sexually oriented businesses tend to result in the blighting and downgrading of the property located within areas in which they are located. The studies conducted in the identified communities referenced above demonstrate that the proximity and concentration of sexually oriented businesses adjacent to residential, recreational, religious, educational, or other sexually oriented businesses can cause other businesses and residents to move elsewhere; the same effect is believed to be applicable in this City in light of the circumstances present in our community. The studies conducted in various communities referenced above have demonstrated that sexually oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them; the same effect is P:XNAASEHSXADULT.CC 7/8/98 sn 2 believed to be applicable in this City in light of the circumstances present in our community. The special regulation of sexually oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that sexually oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity with sensitive uses such as residential zones and uses, parks, schools, churches, or day care centers, thereby having a deleterious effect upon the adjacent areas and the subject property. It is the purpose and intent of these regulations to direct the location of sexually oriented businesses and thereby to prevent such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially minors, the special regulation of the time, place, and manner of the location and operation of sexually oriented businesses is necessary. The protection and preservation of the public health, safety and welfare require that certain distances be maintained between sexually oriented businesses and residential uses and zones, churches, schools, day care centers, parks and other sexually oriented businesses. In the preparation of this Ordinance, the City of Temecula has taken the location of residential, religious, educational, recreational and other sexually oriented businesses into consideration and has endeavored to minimize the effect that sexually oriented businesses have upon those sensitive areas and upon the community in general. The need to regulate the proximity of sexually oriented businesses to sensitive land uses such as residential, religious, educational, recreational and other sexually oriented businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this Section. The report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, indicates that: Community impacts of sexually oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of a sexually oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and, The impacts of sexually oriented businesses are exacerbated when they are located near one another. When sexually oriented businesses have multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can have the impact of several separate businesses. 10. 11. 12. 13. 14. 15. 16. 17. 18. In consideration of the findings of the report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple sexually oriented businesses in order to mitigate the compounded concentrations as described above. In adopting the regulations set nut in this Chapter, it is recognized that locating sexually oriented businesses covered by this Chapter in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material which, because of their immaturity, may adversely affect them. In addition, it is recognized that many persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the biighting or downgrading of the surrounding neighborhood and to an adverse effect on minors. Zoning, licensing and other police power regulations are legitimate reasonable means of accountability to ensure that the operators of sexually oriented businesses comply with reasonable regulations and are located in places which minimize the adverse secondary affects that which naturally accompany the operation. The City of Temecula has a legitimate health concern about sexually transmitted diseases, including AIDS, which demands reasonable regulations of sexually oriented businesses in order to protect the health and well-being of its citizens. The Planning Commission has considered the decisions of the United States Supreme Court regarding local regulation of sexually oriented businesses, including but not limited to: Young v. American Mini-Theaters. Inc., 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v. Plavtime Theaters, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132; FW/PBS. Inc. v, Dallas, 493 U.S. 215 (1990); and Barnes v. Glen Theater Inc., 111 S.Ct. 2456, 115 LEd 2d 504 (June 21, 1991). The Planning Commission has determined that Iocational criteria alone do not adequately protect the health, safety and general welfare of the people of Temecula and thus certain requirements regarding the ownership and operation of sexually oriented businesses are in the public interest. The Planning Commission desires to protect the rights conferred by the United States Constitution. As such, the Council hereby legislates in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies, case law and other testimony have shown as associated with the development and operation of sexually oriented businesses. It is not the intent of the Planning Commission under this Ordinance nor any provision thereof, to condone nor legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce State of California obscenity statutes against such illegal activities in Temecula, It is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral Ordinance which addresses the adverse 19. 20. 21. 22. 23. 24. secondary effects of sexually oriented businesses only as to premissable time, place and manner factors. The provisions of this Ordinance would have no effect on the environment and is therefore exempt from requirements of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061 (b)(3). This section indicates that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It also states, that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to the provisions of CEQA. On October 22, 1996, the City Council approved Ordinance No. 96-18 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA IMPOSING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS." Ordinance No. 96-18 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 had a term of forty five (45) days from its adoption. On November 12, 1996, the City Council approved Ordinance No. 96-20 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS" implements the above provisions and was intended to extend the moratorium adopted by Ordinance No. 96-18 and adopted the interim sexually oriented business regulations for the period commencing on the expiration of Ordinance No. 96-18 and ending 10 months and 15 days thereafter. On September 9, 1997, the City Council approved Ordinance No. 97-15 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS." Ordinance No. 97-15 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 has an expiration date of October 15, 1998. The Planning Department has reviewed the interim regulations and studied revisions of them for the permanent regulations. This study included the sites available for sexually oriented businesses under the existing Zoning Ordinance and interim regulations to determine whether such locations continue to be appropriate for sexually oriented businesses and whether other locations would be appropriate, the potential concentration of sexually oriented businesses, and their location to other existing and future sensitive land uses. The Planning Commission finds and determines that uses regulated or prohibited by this Ordinance would be in conflict with the general plan and with the zoning Ordinance for the location of sexually oriented businesses. It is the purpose and intent of this Ordinance to provide for the reasonable and uniform regulation of sexually oriented businesses in the City of Temecula. It is recognized that sexually oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located if not properly regulated. It is therefore the purpose of this Ordinance to establish criteria and standards for the establishment and conduct of sexually oriented businesses which will protect the public health, safety, and general welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of sexually oriented businesses, and maintain local property values. Uses prohibited by this Ordinance would affect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking, neighborhood character, and will create a demand on public safety and emergency services, and will have an adverse impact upon real estate values in the City of Temecula. Attachments: 1. PC Resolution No. 98- - Blue Page 7 Exhibit A, City Council Ordinance No. 98- - Blue Page 14 Exhibit B. Sexually Oriented Business Overlay Zone (ABO) - Blue Page 44 2. Relevant Information Regarding Sexually Oriented Businesses - Blue Page 45 ATTACHMENT NO. 1 PC RESOLUTION NO. 98- P:INAASEHS\ADULT.CC 7/8/98 sn 7 ATTACHMENT NO. 1 PC RESOLUTION NO. 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF ZONING REGULATION AND LICENSING OF SEXUALLY ORIENTED BUSINESSES. WHEREAS, the Planning Commission considered the said ordinance on July 15, 1998 at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said ordinance; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula Planning Commission hereby makes the following findings: 1. The Planrang Commission in adopting this Ordinance takes legislative notice of the existence and content of the following studies that describe and substantiate the adverse, secondary effects of sexually oriented businesses: Austin, Texas: Indianapolis, Indiana: Los Angeles, C~ifornia: Phoenix, Arizona: St. Paul, Minnesota: Garden Grove, California Upland, California 1986 1984 1977 1979 1989 1991 1992 2. Based on the foregoing studies and the other written and oral evidence presented to the Planning Commission of the City of Temecula finds that: a. Sexually oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and, b. Both the proximity of sexually oriented businesses to sensitive land uses and the concentration of sexually oriented businesses tend to result in the blighting and downgrading of the property located within areas in which they are located. 3. The studies conducted in the identified communities referenced above demonstrate that the proximity and concentration of sexually oriented businesses adjacent to residential, recreational, religious, educational, or other sexually oriented businesses can cause other businesses and residents to move elsewhere; the same effect is believed to be applicable in this City in light of the circumstances present in our community. 4. The studies conducted in various communities referenced above have demonstrated that sexually oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them; the same effect is believed to be applicable in this City in light of the circumstances present in our community. 5. The special regulation of sexually oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that sexually oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity with sensitive uses such as residential zones and uses, parks, schools, churches, or day care centers, thereby having a deleterious effect upon the adjacent areas and the subject property. 6. It is the purpose and intent of these regulations to direct the location of sexually oriented businesses and thereby to prevent such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially minors, the special regulation of the time, place, and manner of the location and operation of sexually oriented businesses is necessary. 7. The protection and preservation of the public health, safety and welfare require that certain distances be maintained between sexually oriented businesses and residential uses and zones, churches, schools, day care centers, parks and other sexually oriented businesses. In the preparation of this Ordinance, the City of Temecula has taken the location of residential, religious, educational, recreational and other sexually oriented businesses into consideration and has endeavored to minimize the effect that sexually oriented businesses have upon those sensitive areas and upon the community in general. 8. The need to regulate the proximity of sexually oriented businesses to sensitive land uses such as residential, religious, educational, recreational and other sexually oriented businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this Section. 9. The report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, indicates that: a. Community impacts of sexually oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are direc~y affected within a small radius, typically one block, of the location of a sexually oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and, b. The impacts of sexually oriented businesses are exacerbated when they are located near one another. When sexually oriented businesses have multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can have the impact of several separate businesses. 10. In consideration of the findings of the report of the State of Minnesota Attorney General 's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple sexually oriented businesses in order to mitigate the compounded concentrations as described above. 11. In adopting the regulations set out in this Chapter, it is recognized that locating sexually oriented businesses covered by this Chapter in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material which, because of their immaturity, may adversely affect them. In addition, it is recognized that many persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and to an adverse effect on minors. 12. Zoning, licensing and other police power regulations are legitimate reasonable means of accountability to ensure that the operators of sexually oriented businesses comply with reasonable regulations and are located in places which minimize the adverse secondary affects that which naturally accompany the operation. 13. The City of Temecula has a legitimate health concern about sexually transmitted diseases, including AIDS, which demands reasonable regulations of sexually oriented businesses in order to protect the health and well-being of its citizens. 14. The Planning Commission has considered the decisions of the United States Supreme Court regarding local regulation of sexually oriented businesses, including but not limited to: Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v. Playtime Theaters, 475 U.S. 4t (1986) reh. denied 475 U.S. 1132; FW/PBS. Inc. v.D~las, 493 U.S. 215 (1990); and Barnes v. Glen Theater Inc., 111 S.Ct. 2456, 115 LEd 2d 504 (June 21, 1991). 15. The Planning Commission has determined that locational criteria alone do not adequately protect the health, safety and general welfare of the people of Temecula and thus certain requirements regarding the ownership and operation of sexually oriented businesses are in the public interest. 16. The Planning Commission desires to protect the rights conferred by the United States Constitution. As such, the Council hereby legislates in a manner that ensures the P:XNAASEHSL,~DULT.CC 7/8/98 sn 10 continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies, case law and other testimony have shown as associated with the development and operation of sexually oriented businesses. 17. It is not the intent of the Planning Commission under this Ordinance nor any provision thereof, to condone nor legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce State of California obscenity statutes against such illegal activities in Temecula. 18. It is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral Ordinance which addresses the adverse secondary effects of sexually oriented businesses only as to premissable time, place and manner factors. 19. The provisions of this Ordinance would have no effect on the environment and is therefore exempt from requirements of the California Environmental Quality Act CCEQA") pursuant to CEQA Guidelines Section 15061Co)(3). This section indicates that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It also states, that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to the provisions of CEQA. 20. On October 22, 1996, the City Council approved Ordinance No. 96-18 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA IMPOSING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS." Ordinance No. 96-18 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 had a term of forty five (45) days from its adoption. 21. On November 12, 1996, the City Council approved Ordinance No. 96-20 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS" implements the above provisions and was intended to extend the moratorium adopted by Ordinance No. 96-18 and adopted the interim sexually oriented business regulations for the period commencing on the expiration of Ordinance No. 96-18 and ending 10 months and 15 days thereafter. P:~qAASEHSXADULT. CC 7/8/98 sn 11 22. On September 9, 1997, the City Council approved Ordinance No. 97-15 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS." Ordinance No. 97-15 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 has an expiration date of October 15, 1998. 23. The Planning Department has reviewed the interim regulations and studied revisions of them for the permanent regulations. This study included the sites available for sexually oriented businesses under the existing Zoning Ordinance and interim regulations to determine whether such locations continue to be appropriate for sexually oriented businesses and whether other locations would be appropriate, the potential concentration of sexually oriented businesses, and their location to other existing and future sensitive land uses. 24. The Planning Commission finds and determines that uses regulated or prohibited by this Ordinance would be in conflict with the general plan and with the zoning Ordinance for the location of sexually oriented businesses. It is the purpose and intent of this Ordinance to provide for the reasonable and uniform regulation of sexually oriented businesses in the City of Temecula. It is recognized that sexually oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located if not prope~y regulated. It is therefore the purpose of this Ordinance to establish criteria and standards for the establishment and conduct of sexually oriented businesses which will protect the public health, safety, and general welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of sexually oriented businesses, and maintain local property values. Uses prohibited by this Ordinance would affect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking, neighborhood character, and will create a demand on public safety and emergency services, and will have an adverse impact upon real estate values in the City of Temecula. Section 2. Environmental Compliance. The provisions of this Ordinance would have no effect on the environment and is therefore exempt from requirements of the California Environmental Quality Act CCEQA") pursuant to CEQA Guidelines Section 15061(b)(3). This section indicates that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It also states, that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to the provisions of CEQA. Section 3. The Planning Commission recommends the City Council to approve the attached ordinance adding Chapter 5.09 as the Zoning Regulation and Licensing of Sexually Oriented Businesses A. Exhibit A, attached hereto. P:',NAASEHS~3~DULT.CC 7/8/98 Section 4. PASSED, APPROVED AND ADOPTED this 15th day of July, 1998. Marcia Slaven, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 15th day of July, 1998 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary P:XNAASEHS~',DULT.CC 7/8/98 sn 13 {'478 US 41] Cr'l'Y OF REI",ITON, et al., Appellants v PLAYrublE TI-ff, AT!m~'-~. INC., et al. 475 US 41, 89 LEd 2d 29, 106 S Ct 925, reh den 475 US 1132, 90 LEd lid 206, 106 S Ct 1663 [No. 84-1360] Ariued November 12, 1985. Decided February 25, 1986. Decialom Zonin2 ordinance prohibitinZ adult movie theaters from within 1,000 feat of residential property, church, park or scheai held not to violate First Amendment. Two theater owners who intended to exl~hit adult motion pictures in their theaters brought suit in the United States District Court for the Western District of Wasbi,m_~on, es~king declaratory and injunctive relief sesln,t a city w~ir,~ ordinance which prohibited adult motion picture theaters from locatin~ within 1,000 feat of any residential zone, sinZle- or mnitiple-fsmily dwellin,~, church, park, or school. Rejectin2 the theater owners' claims that the ordinance violated the First and Fourteenth Amend- mente, the District Court entered s,,mmm~ judZment in favor of the city. The United States Court of Appeals for the Ninth CiEuit reversed and remanded the case, holfG-~ (1) that the orfli,,,ce constituted a substantial restriction on speech, (2) that the city had failed to make a sufficient showin~ of a substantial governmental interest m support of the ordinance, and (3) that the city's asserted interests had not been shown to be unrelated to the suppression of speech (748 F2d 527). On certiorari, the United States Supreme Court reveras~ In an opinion by RnmQoxxr, J., joined by BtraGn, Ch. J., and Wh'rrx, Powxu, and O'CoNNOIt, JJ., the court, cenclv,iln~ that the ordinance wea not unconstitutional, held that the ordinance {1) was a "content-neutral" speech re~lation, (2) wan designed to serve a substantial governmental interest, and (3) allowed for reasonable alternative avenues of communication; that the city wse entitled to rely on the experience of other cities in enmetin~ a zoning ordinance for adult motion picture theaters; that there was no constitutional defect in the method chosen by the city to further its substan- Briefs of Counsel, p 935, infra. U.S. SUPREME COURT REPORTS 89LEd2d tial interests; that the ordinance wa~ not unconstitutionally underinclusive for falling to regulate busins~es other than adult motion picture theaters; and that the ordinance represented a valid governmental response to the serious problems creat_ad by adult motion picture theaters. BR~n~s,,,/, J., joined by MAmaWALL, J., dSn~ on the ~ t~t s~h on the ~ d con~n~ the o~n~ w~ not 'con~n~neutffi," ~d t~t e~n ff the o~ coffid f~ly ~ c~ ~ "~n~n~neu- t~," the ~ty f~ W mn~e a s~cient sho~ d s su~ g~em- men~ ~ ~ sup~n d ~he o~insn~, ~d the o~ ~d not p~de f~ ~nable ~n~ve avenu~ of communistion. ~U.S. Su~~'~ ~fio~ hw ~ 9~ -- ~ ~ ~ l~fion s~h -- adffit thetar -- o~ ~. A ~ty ~n~ o~ 16 Am Jut 2d, Ceus~itut/onal Law § 521; 82 Am Jut 2d, Zoning and Planning §§ 11, 12, 14, 122 16 Am Jur Trials 99, R~lief From Zoning Ordinance USCS, Constitution, 1st and 14th Amendment- US LEd Digest, Constitutional Law §§ 404, 934, 936; Munici- pal Corporations § 37.7 Index to Annotations, Freedom of Speech and Press; Theaters and Motion Picture; Zoning Vl~t,ar.l~X~ Cases and annotations referred to herein can be further researched through the VERALEX electronic re- trieval system's t~vo services, Auto-Cite~ and SHOWME~. Use Auto-Cite to check citations for form, parallel refer- ences, prior and later hlswry, and annotation references. Use SHOWME to display the full text of cases and annote- tions. .,~'W'NOTATION Fr,.EFF, I. iENCE~ Supreme Coitrt't application of vagueness doctrine to Iloricrlmlnl] st-tutas or ordjnsncss. 40 LEd 2d 823. Ths Supreme Court and the ri{ht of free speech and press. 93 LEd 1151,2LEd2d1706.11LE4i2dl116,16LF-xi2dI053,21LEA2d976. Validity of "war zone" ordinances re~trietjng location of sex-oriented businto. 1 ALR4th 1297. 'F ** RENTON v PLAYTIME THEATRF_~, INC. 475US41,89LEd2d29,10~SCI925 itin~ adult motion picture theaters frvm locating within 1,000 feet of any rseid~ntial zone, single- or mul- tiple-family dwelling~ church, park, or school, dos not violate the First Amendment. (Brennan ' and Mar- shall, JJ., ~i~,,nmd from this hold- in~.) Constitutional Law § 934 -- free s!Mmch -- "content-neutnsl- regulation -- time, place, and manner of expression 2a-2d. For p~ of the First Amendment, a city zoning ordinance prohibjtln_~ adult motion picture the* ateas from locating within 1,000 feet of any residential zone, sinZle- or multiple-Family dwelling, church, park, or school, is a form of "con- tent-neutral" regulation of time, place, a~d mmn,~er of expression, Where (1) the ol*~Inmn~ce is mimed not at the content of the ~|me showll at adult motion picture theaters, but rather st the secondary effects of such theaters on the surrounding community, (2) the city's pursuit of its zoning interests is unrelated to the suppression of lrree expression, and (3) the ordinance is justified without reference to the content of regulated speech. (Brennan and Manhall, JJ., dissented from this holding.) Constitutionel Law § 934 -- free speech -- "content-neutral" tearelation -- time, place, and mennet Of elpreeltOIl 3. "Content-neutral" regulations of the time, place, and mmn,ser of ex- pression are acceptable, under the First Amendment, so looZ as they are designed to serve a substantial governmental interest and do not unreasonably limit alternative ave- hues of communication. Courts § 102 -- inquiry into legis- lative motive 4. The United States Supreme Court will not strike down an other- wise constitutional statute on the basis of an alleged illicit legislative motive. Constitutional Law § 9,~ -- free speech -- adult theater -- or- dinsnee restricting location 5. A city zonin_~ Ordinnnco prehib- iting adult motion picture theaters from locating within 1,000 feet of any residential zone, single- or mul- tiple-family dw~llin5 church, park, or school, doos not contravene ths fungi-mental principle which under- lise judicial concorn about "content- hss~i" speech regulations: that gov- ernment may not grant the use of a forum to people whose views it finds acceptable, but deny u~ to those WiShleft to expre~ less farorid or more controversial views. spsseh -- adult thnstor -- or- dinm~ce re~trieti/lJ location 6. A city zonln_m' Ordlnateco prohib- iting adult motion picture themteas from locating within 1,000 foot of any residential zone, single* or mul- tiple*family dwellin_ft. church, park, or school, is deigned to serve a sub- stantial governmental interest, so as to satisfy First Amendment require* mente, a city's interest in attempt- ing to preserve the quality of urban life being one which must he ac- corded high respect. (]~repnsn and Manhall, ~J., ~i~uted from this holding.) Constitutional Law § 936 ~ frss speech -- adult theater -- Or- dinonce Feetrictlll~ iOCltiO!l 7a, ?b. A city zonln~ ordlnmnce prohibiting adult motion picture the* ateas from locating within 1,000 feet of any residential zone, single* or multiple-family dwelling, church, 31 U,S. SUPREME COURT REPORTS 89LEd2d park, or school, allows for reason- able alternative avenues for commu- nlcation, so as to sadsf~ First Amendment requirements, where (1) the ordinance leaves some 520 acres, or more than 5 percent of the entire land area of the city, open to use es adult theater sites, and (2) such land consists of ample, accessible real e~ t~te, including acreage in all stages of development from raw land to developed, industrial, warehouse, office, and shopping sp~_a~ which is crisscrossed by freewa~s, highways, and roads; that theater owners who intend to exhibit adult motion pic- tures in their theaters must fend for themselves in the real estate mar- ket, on an equal footing with other prospective purchasers and lessees, does not give rise to a First Amend- ment violation; the First Amend- ment does not compel the govern- ment to insure that adult theaters, or any other kinds of speech-related businesses, will be able to obtain sit~ at barl~n prices; and the First Amendment requires only that the city refrain from effectively denying a person a reasonable opportunity to open and operate an adult theater within the city. (Brenm~n and Mar- shall JJ., Aie,e, ted frem this hold- Constitudo-e! Jaw §936 -- flee speech -- adult theetar -- or- B. A city is entitled to rely on the experiences of other cities in enact- ing a zop!ng ordinance prohibiting adult motion picture theaters from lccatin~ within 1,000 feet of any residential zone, single- or multiple- family dwelling, church, park, or school; the First Amendment dee not require a city, before enacting such an ordinance, to conduct new studies or produce evidence indepen- dent of that already generarod by other cities, so long as whatever evi- dence the city relies upon is reason- ably believed to be relevant to the problem which the city and another city'e choice of a differ- ent method of adult theater to combat the secondary effects of adult theaters does not call into question either the other city's iden- tification of these secondary effec~ or the relevance of the other city's experience. ConMnlm~onal law § m -- flee speech -- adult theater -- dinsace mi loe~tion 9. There is no con~imtional fect, under the Fira~ Amendment, the reedrods chosen by a city to further its sube~mtinl intereel& where the city enacts a zoning ordi- nance prohibiting adult motion pic- ture theaters frozo locating withja 1,000 fcet of any residential zone, six~le- or multiple-family dwalljng, church, park, or school, and where the ordinance is narrowly tailored to affect only that categor? of theaters shown to produce unwanted second- apy effn; cites my choose to reg- uiate adult theaters by dispersing them or by effe~ively concentrating them. Constitutional law § 936 -- free speech -- adult theats~ dinenee restrictin2 location 10. A city zonin_~ ord~ce pro- hibifmg adult motion picture the- aters from locating within 1,000 feet ot any residential zone, single- or multiple-family dwelling, church, park, or school, is not uncenstitu- tionally underinclusive for f. ilin~ to re ulete buaine es other Omn adult motion picture theaters, where there is no evidence tha at the time the ordinance ,as enacted. any other adult busines,, was lcca~ in, or was k PENTON v PLAYTIME THEATRES, INC. 475 US 41, 89 L Ed 2d 29,106 5 Ct 925 contempla~n~ movin~ into, the city, and when there is no basis for sumin2 tht the city will not, in the future, amend its ordinance to in- clude other kinds of adult busi- nesses, which have been shown to pnxiuce the a~me kinds of secondary effects as adult theaters; that the city chore first to addroe the poten- tial prob|-ms crated by one particu- lar k~nd of adult business in no way suggests that the city has singled out adUJt theltel~ for d~sCl~mi~atory Constitutional Law § 9~8 -- free sps~h -- adult theater -- or- dinsnee rotrioting lo~ation 11. A city zo-~-~ ordl,s~ce pro- hibiting adult motion picture the- aters from loca~i-~ with~ LOGO feet of any r~dential zone, single- or multiple-~amily dw~lli,~, church, park. or school represents a valid Zovernmenfal response to the seri- ous problems created by adult the- store, and astjsfies the dictates of the Fi~t Amendment, where the city tms not used the power to zone as a pretext for suppresmn2 expres- sion, but rather has soqht to make some areas availshie for adult the. store and their patrons, while at the same time preservin~ the q,sli~y of life in the community at larZe by preventix~ thee theaters free leeat- in2 in other m Constitutional Law § 404 -- equal protection -- thuters 12a, 12b. The r~ghts, under the equal protection clam of the Four- toenth Amendment, of theater own- ere inten~In~ to exhibit adult motion pictures in their theaters ere not violated by a city zonln~ oralnonce prehibitin2 adult motion picture the. aters fi~m lccatiq w~thln 1,000 feet of any residential zone, siqle- or multiple.fmmliy dwell;n_~ church, park, or school. Mu,~i~ipal Corporations § 37.7 -- validity of ordinance vagueness 13a, 13b. A city zonln: OrrGnmqCe prehlbiHn_' adult motion picture the. aters from lccati~_- within 1.000 feet of any residential zone, single- or multiple-f. mily dwllln~; church. park or .chooi, is not unconstitu- tion-||y vaBue, where (i) the nance applies to b, ii~l;n~ "l~led" for present~n_~ sex~mlly explicit films, the term "used" describes a cantinu- ing cour~ of conduct of exhihitln~ asX'"!!y explicit filmm in 8 m-n-er which appeals to a prurient interest, aad (3) even if there may he some unCertnin~j abollt the effect of the ordinance on other persons, it is unquestionably applicable to theater owners who intend to exhibit adult motion pictures in their theater& SYIJ~ABU8 BY REPORT~ OF DECISION8 Rmspondmnts purchsm~i two the- aters in Renton, Washington, with the intmatian of exhibitln_~ adult films and, at about the same time, filed suit in Federal District Court, seekln~ injanctive relief and a de- claratory judgment that the First and Fourteenth Amendments were violated by a city ordinance that prohibits adult motion picture the- aters from locatin2 within 1,000 feet of any residential zone, ,in~le- or multiple-fmmily dw!,ilin_~: church, park, or school. The District Court ultimately entered 8umms~y jUCiZ- sent in the city's favor, ho|dln~ that the ordinance cUd not violato the First Amendment. The Court of Ap- peals reversed, holding that the ordi- nance constitut~l a substantial re- U.S. SUPREME COURT REPORTS SSLEd2d striction on First Amendment inter- ests, and remanded the case for re- consideration as to whether the city had substantial governmental inter- S to support the ordinance. Held: The ordinance is a valid ous preblems creaf~d by adult the. aten and asti~fle~ the dic~a~ea of the First Amendment Cf. Young v American Mini Theatres, Inc., 427 USS0,49LEd2d310,965Ct2440. (a) Since the ordinance does not ban adult theaters alto2ether, it is properly nnn~yzed as a form of time, place, and manner regulariota "Con- tent-neutral" time, place, and man- net regulations are ~__~e__ptable so long as they are desi2ned to serve a subs~ntial governmental inlereot and do not unressonably limit alter- native avenues of cemmtmieation. ~b) The Digria Court found that the Renton City Council'8 'predomi- nato" concerns were with the esc- ondary eEefa of adult theatere on the surrounding community, no~ with the content of adult films them° selves. This finding is more than adequate to establish that the city's pursuit of ira zoning intern unrelated to the suppre~ion of free expre~ion, and thun the ordinance is a "centent-neutrel" speech tion. (c) The Renton ordinance is de- signed to serve n ~ub~tantial govern- mental interest while allowing for reasonable alternative avenues of communication. A city's intereg in attempting to preserve the quality of urban life, as here, mua be ~ccorded high respect. Although the ordi- nance wes enacted wi'chout the ben- efit of studies spe~x~cally relating to Renton's particular problems, Ren- ten was entitled to rely on the expe- riences of, and studies preduced by, the nearby city of Seattle and ether cities. Nor was there any censtitu- riohal defect in the method thesen by Renton to further ira eubetantial interest~ Cities may regulate adult theaters by dispersing them, or by effectively concentrating them, as in Renton, Moreover, the OrHinnnce is not 'underinclumive' for fnilln_~ to regulate other kind, of adult bnsi- n_ae~__, a'mce there was no evidence that, at the ~me the orqtlnnnce was enacr, e& any other adult wee iotated in, or wa~ contemplating moving into, Ren~on. (d) As required by the First Amendment, the oniinance allow~ for reasonable alternative avenues of commUnicetiOD. Although respon- denta argue that in general there am mo "commercially viable" adult theater sit~ wit~ain ~ limited area of land le~ open for such theatere by the ordinance, the fac~ that reapono dante mu~ fend for themselves in the real eatate market, on an equal footing with other pmepec~ve pur- chaaers and le,mce, doas not give rim to a violation of the Firg Amendment, which doee not cempol the Government to ensure that theaters, or any other kinds of speech-relatai buainemas, will be able to ob~i,~ sit~ at bargain price~. 748 F2d 527, mvenedo Rehnquist, J., de)Ivered the opin- ion of the Court, in which Burger, C. J., and White, Powall, Stevena, and O'Connor, JJ., joined. Blackmun, J., concurred in the maulL Brennan, J., filed a disaenting opinion, in which Marshall, J., joined. b RENTON v PLAYTIME THEATRES. INC, 475 US 41, 89 LEd 2d 29, 106 S Ct 925 APPEARANCES OF COUNS~r- E, Barrett Prettym~n; Jr, argued the cause for appellants. Jack R. Burns axened the cause for appellee. Briefs of Counsel, p 935, infra. OPINION OF ~ COURT [4~s US 4s} justice Rehnquist delivered the opinion of the Court, [1] This case involve a coustitu- rionat challenge to a ZOnin_= ordi- nance, enacted by appellant city Of Renton, Weshin6ton, that prohibits adult motion picture theaters from [ocatiD~ within 1,000 fast of any residential zone, sin~le- or multiple- f. mily dwellin& church, park, or school. Appelles, Playtime The- atres, Inc., and Sea-First Propertis, In~, filed an action in the United States District Court for the West- ern District of Washington eelr;n-a a declaratory judgment that the Ren- ton ordinance violated the First and Fourteenth Amendments and a per- msnent injuactlon a~inat its en- forcement. The District Court ruled in favor of Renton and denied the permanent injunction, but the Court of Appeais for the Ninth Circuit reversed and remanded for reconsid- eration. 748 F2d 527 (1984). We noted probable jurisdiction, 471 US 1013, 85 LEd 2d 297, 105 S Ct 2015 (1985), and now reverse the judg- ment of the Ninth CircuiL~ [478 US 44] In May 1980, the Mayor of Ren- ten, a city of approximately 32,000 people located just south of Seattle, suZgested to the Renton City Council tlmt it consider the adv~ahflit~ of e~i,~g zonin-a legislation de. lin-a with adult entertainment uas~ No such uses exited in the city at that time. Upon the Mayor's suiXettion, the City Council referred the matter to the city'a p]mnnin-a a/ld Develop- ment Committee. The Committee held public hearings, reviewed the experience of Seattle and other cit- ies, and received a report from the City Attorney's (~Ras advis~n~ as to developments in other citiex The City Council, meanwhile, adopted Resolution No. 2368, which imp<reed a moratorium on the licensin~ of "any business.. . which.. . has as its prim-,7 purpam. the ellin_a; rent- in~ Or showing of sex-~|ly explicit materials." App 43. The resolution contained a clause explminin-a that such busms "would have a e- vere impact upon surroun~in_= busi- nesses and residences." ICE,, at 42. In April 1981, actln-a on the basis 1. This appeal was taken ..asr 28 USC § 1254~2) [28 USCS } 1254(2)], which provide this Court with appellate jurisdiction at the behet of · party r~lyini on · stato stotuto or local ordinance held unconstitutional by a court of apr,--~ As we have previously noad, there is some question whether jurisdiction under § 12~4(2) is a-ei!-k~e to revaew · nonfi- nal judfment, See South Carolina Electric & Go Co. v Fiemining. 3~1 US 901. 1O0 LEd 1439. 76 S Ct 692 (19~6);, Slaker v O'Connor, Z~78 US 188. 73 LEd 2~8, 49 5 Ct 1~8 (1929). But see Chicago v Atchison, T. & S. F. R. Co. 3,57 US 77, 82~, 2 LEd 2d 1174, 78 S Ct 1063 (1958). The present appefd leefire review Of · jud~- Court We need not eeeoive whether this ap ~ il proper under § 12~4(2), however. he- cam in any event we have certiorara juriedk- cion under 28 USC § 2103 [28 USCS ! 2103]. A~ we havm prmviousiy doom m eqmvalent situatiorm, ace El Paso v Sinm 3T9 US 49T, 502-~03, 13 LEd 2d ~ 8~ S Ct 577 (19~ Doran v Salem Inn, Inc. 421 US 92T. 45 LEd2d648.958Ct2,~l(1975).we dxsxnm the rappetal and. treaUn2 the paperl co · petition lot certiorsri, 2rant the writ of ce~xoran. Hencofoah, we slmll refer to psrtxes ss "petitioners" and "r~s~ndenm.' f U.S. SUPREME COURT REPORTS 89LEd2d of the Planning and Development CommiRee's recommendation, the City Council enatf,~ Ordinance No. 3528. The ordinance prohibited any "adult motion picture theater" from loCSti-~ within 1,000 feet of any residentis/zone, ain~le- or multiple- fsmily dwellin~ church, or park, and within one mile of any school. App to Juris Statement 79n The term "adult motion picture theater" was defined ea 'fain enclosed build- in~ used for presentin~ motion pic- ture 61me, video ~ette~ cehle tale- vision, or any other such visl~J ~ dis, distinp~i-ksd or characteri[zed] by an emphssis on matter depicting, describing or reinti,.~ to 'specifiad senml activitise' or 'specified ana- tomical areas' .. . for observation by patrons therein." IcL, at 78~ {4~ US 4S1 In early 1982, respondents ac- quired two exim/n2 theaters in 6~,,~f~wn Renton, with the infan- tion of ,si,ff them to exhibit feature- length adult films. The theaters were located within the area pro- scribed by Oralnauce No. 3~26. At about the ~me time, respondenra filed the previously mentioned law- suit challenein~ the ora!nance on First and Fourteenth Amendment and injanctive relief. While the fed- era/action was pandin~, the City Counc~ mendad the ordinance in several respects, addin~ a statament OF reasons for its enacm~ent and reduciB~ the mi,lmqBl c~ta~ce from any school to 1,000 feet. In November 1982, the Fadera/ MaSistrata to whom repondents' ac- tion had been referred recommended the enD7 OF a pre|iminax7 injunc- tion a~alnst enforcement of the Ren- ton ordinance and the denial of Ren- ton's motions to dismiss and for summary judgment. The D~strict Court adopted the Magim-sts's rec- ommendations and entered the pre- liminary injunction, and respondeuts began showin~ adult films at their two theaters in Renton Short/y thereafter, the parties a2rsed to sub- mit the csse for a fmul decision on whether a permanent injunction should issue on the bssis of the rec- ord as already developed. The District Court then w,~tad the prellmins~'y iz~unetion, denied rsepondents' requested permanent injunction, and entensd summary jud&qnent in favor OF Renton. The ceurt found that the Renton ordi- nance did not substantially restrict First Amendment interema, that Renton wns not required to show specific adverse impact on Renton from the operation OF adult theaters but ceuid rely on the maces of other cities, that the pur1~3~a__ of the pression of speech, and that the re- strictions on speech impesed by the ordinance were no ~e~ter than nec- ee~_~y to further the governmental interests involve~h Relyiq on YounS v American Mini Theatres, Inc. USSO, 49LEd2d a10,96SCt2440 (1976), and United States v O'Brien, 391 US 367, 20 LEd 2d 672, 88 S Ct 1673 (1968), the court held that the Renton ordinance did not violate the First Amendment. [4~s US 4s1 The Court of Appeals for the Ninth Circuit reversed. The Court of Appeals first amciudad, contrary to the finding of the District Court, that the Renton ordinance consti- tutsi a substantia~ restriction on First Amendment intern. Then, using the standards set forth in United States v O'Brien, supra, the Court of Appeals held that Renton had improperly relied on the experi- RENYON v PLAYTIME THEATRES, INC. 475 US 41, 89 L E4i 2d 29,106 S Ct 925 ences of other cities in lieu of evi- denes about the effects of adult the- aters on Renton, that Renton had thus failed to establish adequately the existence of a substavt~A~ gov- ernmental interest in support of its Orftlnsnce, sad that in any event Renton's asserted interests had not been shown to be unrelated to the suppression of expre~ion. The Court of App~* reintended the case to the District Court for reconsideration of Renton's ass~rted interests. [2s] In our view, the resolution of this case is largely dictated by our decision in Young v American Mini Theatres, Inc., supra. There, ul- though five Members of the Court did not agree on a single rationale for the decision, we held that the city of Detroit's zoning ordinance, which prohibited locating an adult theater within 1,000 feet of any ~,,u other 'reSulated uses" or within 500 feet of any residential zone, did not violate the First and Fourteenth Amendments. Id., at 72-73, 49 LEd 2d 310, 96 S Ct 2440 (plurality opin- ion of Stevens, J., joined by Burger, C. J, and White and Rehnquist, JJ.); id., at 84, 49 LEd 2d 310, 96 S Ct 2440 (Powell, J., concurring). The Renton ordinance, like the one in Americaa ]~l'inl Theatres, does not ban adult theaters altogether, but merely provides that such theaters may not be located within 1,O00 feet of any residential zone, single- or multiple-fnmily dw~llln_~ church, par~ or school. The ordinsace is therefore properly -n=!yad as a form of time, place, and manner regulation. Id., at 63, and n 18. 49 L Ed 2d 310, 96 S Ct 2440; id., at 78- 79, 49 LEd 2d 310, 96 S Ct 2440 (Powell. J., concurring). [3] Describing the ordinance as a time. place. and manner regulation is, of course, only the tint step in our inquiry. This Court has long held that regulations enac*,~[ for the [475 US purpose of restraining speech on the beam of its content presumptively violate the First Amendment. See Carey v Brown, 447 US 455, 462463, and n 7, 65 LEd 2d 263, 100 SCt 2286 (1980); Police Dept. of Chicago v Mosley, 408 US 92, 95, 98-99, 33 L Ed 2d 212, 92 S Ct 2286 (1972). On the other hand, so-culled "content- neutral" time, place, and manner regulations are acceptable so long as they are d~i,ened to serve a substan- tial Zovernmental interest and do not unreasonably limit a[terBative avenues of COmmilRieatiOIL See Clarlr v Commalaity for Creative Non-Violence, 468 US 288, 293, 82 L Ed 2d 221, 104 S Ct 3065 (1984);, City Council of Los Angebm v Taxpayers for Vincent, 466 US 729, 807, 80 L Ed 2d 772, 104 S Ct 2118 (1984); Heftton v International Society for Krishna Consciousnes~ Inc. 452 US 640, 647, 648, 69 LEd 2d 298, 101 S Ct 2559 (1981). [2b, 4] At first glance, the Renton ordlnn~ce, like the ordlnn,ce in ~e~ ~ ~ d~ not ap~ W fit n~fiy ~m eider the 'con~nt-b~" or the '~n2n~neu- t~" ~. To ~ s~, ~e o~- ~ ~t Slma ~e~n~y f~m o~r ~ of th~. Nm~ ~ ~s ~ ~un ~ the ~nWn o~iea~ ~ s~m~ n~ at t~ wnwnt of ~ 6Ires sh~ at 'ad~t moron pi~u~ t~," but ~er at ~e ~n~ effe d such thu~n on t~ s~din~ ~mm~ity. ~e ~a ~m fo~d t~t the CiW ~c~'s 'p~ do~n~m con~" we~ ruth ~e ~n~ effe of adult thu~, ~d not ~th the con~nt d edffit- U.S. SUPREME COURT REPORTS 89 LEd 2d films themselves. App to Juris State- ment 31a (emphasis added). But the Court of Appeals, relying on its deci- sion in Tovar v Billmeyer, 721 Fgd 1260, 1266 {CA9 1983), held that this wss not enough to sustain the ordi- nance. According .to the Court of Appeals, ff "a modvagmE facWr" in enacting the ordinance was to strict responden~s' exercise of First Amendment r~hts, the ordinance would ~e invafid, apparently no maC- tar how -,~l!! a pan th~ mot~vatinS f~?~r my have piayed in the City Council's deckion. 748 Fgd, at 537 (emphasis in o'nSinaD. This v~ew of the law wu rejected in United States v O~rien, 391 US, at 382-~6, 20 LEd 2d 672, 88 S Ct 1673, the very case that the Court of Appeals said it was applying:. [4~S US "lit iS a :rl,,~l~n, principle of con- nc~ grike down aft otherwis~ con- stitutionni statute on the basis of an alleged illicit legislative motive .... ".. . What motivates one lator to make a speech about a statute is not necessarily what mo- tivates scores of other~ to ena~ it, and the stakes are su~iently high for us to eschew ~essworl~" Id.,at38,~384,20LEdgd672,88 S C~ 1673. [2c] The District Court's f~ as m "predominate" intent, left undis- tin. heal by the Court of Appeals, iS the city's pursuit of its zoning inher- eS here was unrelamd to the sup- pression d ~ree expression. The ordi- nance by its terms is designed to prevent crime, prote~ the city's re- ~ trade, maintain property values, and generally "pretec~t] and pre- ser~e] the quality of [the city's] neighborhoods, commercial d~ricts, and the quality of urban life." not to suppress the expression of unpopu- lar views. See App to Juris State- merit 90a. As Justice Powel] ob- served in American Mini Theatres, '[i}f [the city] had been concerned with restricting the message pur- veyed by adult theaters, it would have tried to close them or rse~rict their number rather than circumo scribe their choice as to location." 427 US, at 82, n 4, 49 LEd 2d 310, 96SCTZ440. [ge, S] In short, the Renton ordi- nance is completely consistent with our definition of "content-neutrul" s~h ~atioM j~ Mthout ~fe~n~ m ~e ~n~nt of the ~ s~." UST~,771,~L~,~Sa 1817 (1976) {emp~ m~i~ for C~ N~-V~len~, sup~ ac ~3, S2 L ~ ~ ~I, 1~ S a ~; ~o~ ~ for ~ ~~ aup~ ~e o~ the f~en~ pmciple derlis our ~n~m a~t "~n~n~ b~" s~h ~io~: tM~ eminent my not ~t the ~ d a fo~ m ~ple wh~ ~es a~pmble, but deny ~ ~ th~ Is favo~ or mo~ cont~e~ ~e~." M~, supn, a~ 9~, ~ L ~ ~ 21~ 92 S It was with this understanding in mind that, in American Mini The- atres, a majority of this Court de- cided that, at leas~ with respect to businesses that purvey sexually ex- l~N v PLAYTIME THEATRES, INC. 478 US 41. 89 LEd 2d 29. 106 S Ct 925 pLicit materiais,t zoning ordinance desiZned to combat the undesirable secondary effects of such businesses ale to be reviewed under the stan- dards applicable to "content-neu- traF' time, place, and manner regu- lations. Justice Stevens. writin~ for the plurality, concluded that the city of Detroit was entitled to draw a distinction between adult theaters and other kinds of theaters "without violstln_~ the guvernment's para- mount oblliation of neutrality in its reSuiation of pretectat communica- tion," 427 US, at 70, 49 LEd 2d 310, 96 S Ct 2440. notln_- that '[i]t is th[e] secondary effect which theee zonln_~ orfl!nsnces attempt to avoid, not the rli~mlnstion of 'offensive' speech," id.,at71, n34.49LEd2d310,968 Ct 2440. Justice PowelL in concur- rsnce, elaborated: "[The} dissent misconceives the issue in this case by insistl._~ that it involves an impermlsslble time, place, and manner restriction based on the content of expression. It involves nothin.~ of the kind. We have here merely a decira'on by the city to treat certain movie the- aters differently because they have m=-kedly different effects upon their surroundln~ .... Moreover, even if this were a case involviq a special governmental response to the content of one type of movie, it is possible that the result would be supported by a line of cases recotmi-i.._e that the ~vernment can tailor its reaction to different type of speech -___,>~__.~in_~ to the deStee to which its special and overridix~ interests are impii- [47s us See, e. g., Tinker v Des Moines School Diet. 393 US 503, 509-511 [21 LEd 2d 731, 89 S Ct 733, 49 Ohio Ops 2d 222] (1969); Procunier v Martine~ 416 US 396, 413414 [40 LEd 2d 224, 94 S Ct 1800, 71 Ohio Ops 2d 139] (1974); Greet v Spock, 424 US 828, 842- 844 [47 L Ed'2d 506, 96 S Ct 12111 (1976) (Powoll, J., concuninZ);, of. CSC v Letter Carriers, 413 US 548 [37 LEd 2d 796, 93 S Ct 28801 (1973)." ld., at82, n 6, 49 LEd 2d 310, 96 S Ct 2440. [e, 7el The appropriate inquiry in this case, then, is whether the Ren- ton ordlnsnco is designed to serve a substantial governmental interest and allows for reasonable alterna- tivo avenues Of commzBliCatiOn. See Comm.n~ty for Creative Non'Vio- lence, 468 US, at 293, 82 LEd 2d 221, 104 S Ct 306~; International Society for Krishna Consciousrims, 452 US, at 649, 654, 69 LEd 2d 298, 101 S Ct 2559. It is clear that the ord/nanco meets such a stmadsrd. As a majority of this Court reco~ized in American Mini Theatres, a clty's "interest in attempting to preserve tim quality of urban l~e is one that must be accorded high r~pect." 427 US, at 71, 49 LEd 2d 310. 96 S Ct 2440 (plurality opinionS. see id., at 80, 49 LEd 2d 310, 96 S Ct 2440 (PowelL J., concurrinZ) ("Nor is there doubt that the interests fur- thered by this ordi,~=,,~e are both important and substantial"). the same vital gov~rnmentel inter- ests sr~ at stake here. The Court of Appeals ruled, how- ever, that because the Renton ordi- nance was enacted without the ben- 2. See American Mini Theatrea, 421' US. at 70. 49 LEd 2d 310. 96 S Ct 2440 (plurality oplmon) C'Flit is manffe~ that socaety'm inter- wholly di~erenc. and lear, maimtab than ~.he interest in untrmm~l~d poijticsl debsm i U,S. SUPREME COURT REPORTS 89LEd2d efit of studies specifically relating to "the particular problems or needs of Renton," the city's justifications for the ordinance were "conclusm-~ and speculative." 748 F2d, at 537. We think the Cou~t of Appeds impeeed on the cit~ an unnec~m~ily rind burden of proof. The reconi in ~ case r~veals that Renton relied heav- ily on the experience of, and studies produced by, the city of SeatZle. In Seattle, ,,- in RenWn. the adult the. ai3r zot'min~ Op'l{nmn~',~ wBI mimed at preven,ini the escendary et~'ts caused by the presence of even one such rheaS' in a Ziven neiZhbor- b__~__, See Northend Cinema, Inc~ v 1153 (1978). The opinion of the Su- pceme Court of Wasbln~n in Northend Cinema, which [4vl~ US 51] was before the Renton City Council when it enscrai the ordinance in question hero, described Seattle's experience as follows: "Fhe amendments to the City's zoning code which are at issue here 8Fe the Ca,lminat~On of a 1011~ perled of study and discussion of the problems of adult movie the- aters in residential m of the City.. . . [T~e City's Department of Community Devmlopment m~le a s~udy of the nced for controls of adult theaters .... The study analyzed the CleFs zen- in~ scheme, comprehensive and Lead uses. around ~ adult motion picture theaters..." Id., at 711, P2d, at llM. 'Trlbe [trial] court heard exten- sive testimony regarding the his- tory and purpose of these ordi- nances. It heard expert tafimony on the adverse effects of the pres- ence of adult motion picture the- aters on neiZhborh~t children and community improvement ef- forts. The court's detailed findin~s~ which include a Kudin~ Chat the location of adult theaters has a harmful effect on the area and contribute ~o neighborhm}d blight, are supported by substantial evi- dence in the record." Id., at 713, 585 P2d, at l156. "The record is replete witix tssti- mony re~ar~ the effects of adult movie theater locations on rceidenhal neighborhoods." Id., at 719, 585 P~L at 1159. [8] We hold that Renton w~s enti- tled to rely on the experiences oF SeatZle and other citiet and in per- ti~l_-r on the 'detafie~ fmdlno,' s-,-~---ized in the WuhinSton ~U- pieme Court's Northend Cinema opinion, in enact~-.~ ira adult theater ment does not require a city, before enactinZ such an Or~inmhCe, to con- duct new studies or produce evi- dence independent of that already generated by other cities, so lon~ as whetever evidence the city re~es upon is reasonably believed to be relevant to the [47S US UJ problem that the city addreturns. That was the case here. Nor is our hoMi-_a alrectai by the fact that Seattle ~,~*tely cha a different method of adult theater zoniny th~n that chosen by Renton, since Seattle's choice of a differont remedy to combat the secondary ef- fects of adult theaters does not call into question either Semttle's identi/i- cation of these secondary effects or the relevance of SeaCtle'e ezperience to Renton. RENTON v PLAYTIME THEATRES, INC. 478 US 41, 89 L Ed 2d 29,106 S Ct 925 [9] We also find no constitutional defect in the method choeen by Ren- ton to further its substantial inter- ests. Cities my regulate adult the- aters by dispersing them, as in De- troit, or by effectively concentratin~ them, as in Renton. "It is not our ~unction to appraise the wisdom of [the city's] decision to require adult theaters to be solrotated rather thnn concentrated in the same sreus.. . . ~!~e city must be allowed a reaacn- able opportunity to experiment with solutions to admitt~fiy serious prob- US, at 71, 49 LEd 2d 310, 96 S Ct 2440 (plurality opinion). Moreover, the Renton ordinsnce is "narrowly tailored" to affect only that category of theaters shown to produce the avoidin2 the flaw that proved fatal to the reeuhtions in S~l, md v Mount Ephrnl,n: 452 US 61, 68 LEd 2d 671, 101 S Ct 2176 (19111), and Erzno-n~le v City of Jacksonville, 422 US 45 LEd 2d 125, 95 S Ct 2268 (1975). [10] Respondents centend that the Renton ordinance is 'underinciu, sive," in that it fnilt to re~,qllato other kinds of adult businesses that are likely to produce secondary ef- fect,2 Similnf to thCle pr~luced by adult theaters. 0n this record the contention must fail, There is no evidence that, at the time the Ren- ton Or~llnsn~e wsS enacted, any other adult busins was located in, or wns contompinti-_~ movin2 into, Renton. In fact, Resolution No. ~68, enacted in October 1980, states that "the City of Renton does not, at the present time, have any business whose prlrns~/purlx~ is the sale, rental, or showing of sexually ex- plicit materials." App 42. That Ren- ton chose first to address the poten- tial problem crea~ed [478 uS s3] by one particu- lar kind of adult business in no way su~este that the city has 'sinZlod out" adult theaters for discriminn- tory treatment. We simply have no Insis on this record for assumin~ that Renton will not, in the future, amend its ordinance to include other kinds of adult businesses that have been shown to produce the same kind of secondary effects us adult theaters. See W|lllnmson v Lee Opti- cnlCo. 348 US 483, 48&489, 99 L Ed 563, 75 S Ct 461 (1955). [Tb] Finslly, turning to the ques- tion whether the Renton ordinance allows for ressonable ultornative av- enues Of COrntannic'hi;iOn, we note that the ordinance leaves some 520 acres, or more than five percent of the entire land area of Renton, open District Court found, and the Court of Appeals did not dispute the find- inS, that the 520 acres of land con- sists of 'la]mple, accessible real es- tate," inciutlin~ "acreage in all sts~,es of development from raw land to developed, industrial, warehouse, office, and shoppin~ space that is criso-cr,:,s~d by freeways, highways, and roads." App to Juris .qtatoment Respendents argue, however, that some of the land in question is nl- ready occupied by existin_~ busi- nessee, that "practit~lly none" of the undeveloped land is currently for sale or lease, and that in general there are no 'COmrns~rCil~y viehie" adult thnstor sites within the 520 acres left open by the Renton ordi- nance. Brief for Appellees 34-37. The Court of Appeals accepted these 41 U.S. SUPREME COURT REPORTS 89LEd2d arguments.} concluded that [47s us s4i the 520 acres was net truly "available" land. end therefore held that the Henton onnlinance "would result in a sub- s~nf~al restriction" on speech. 748 F2d, at 534. We disagree with beth the reason- in2 end the conclusion of the Court of Appes~ That rseponden~s must fend for themselves in the real ea- tat- m,rket, on en equal footing with other px~spective purchasers end leaseas, does not give rise to a First Amendment violation. And al- though we have cautioned the enactment of ~O~in~ regt~tin that have "the effect of suppressing, or greafiy restrk~ing access to, law- ful speech." American Mini The- atrss, 427 US, at 71, n 35, 49 LEd 2d 310, 96 S Ct 2440 (plurality opin- ion), we have never su$1~sd that the First Amendment compels the C, over~m~mt to ensure that adult theaters, or any other kinds of speech-related businesses for that mater, will be able to obtain sito~ at bargain prices. See i&, at 78, 49 L Ed 2d 310, 96 S Ct 2440 (Pewell, J., concurr~g) ('"the inquiry for First Araendment purpcees is not con- cerned with economic knpacf'). In our view, the First Amendment re- quires only that Renton refrain from effectively denying respondents a reasonable opper~unity to open end operate en adult theator within the city, and the OrdinanCe before us easily meets th~s requirement, [,, lza, laa] In sum, we fad that the Renton ordinanCe represent~ a valid governmental response to the "admi~sdly serious problems" cre- atad by adult thustezx See id., at 71, 49LEd2d310,96SCt2440(piural- ity opinion). Banton has not used '*the power to zone as a preten for suppressing expremion," id., ag 84, 49 LEd 2d 310, 96 S ~t 2440(Pew- ell, J.. Cenctwring), but rather has sought to mnbe some m available while at the -,me time preasrvin2 at large by preventinS those theaters Here, as in American ~ TheaWes, the cl~ has ens,'~l a z~n~n~ ordio nanco that meem these goals while First Amendment.' The judgment of tion Chum of the Forth Amendment. As should be appmmnt from our pzmmdin~ discus- sion, respmdenm can From no better under the Amendment itssir. b You~ v Amer~m MjniThestxet lnc. 427 US. at 63-73. 49 L Ed 2d$10.96SCt2440. t4~ Ordil~lice il zxr '~f ~i. ally Vlftlt oedinaaCe's applicatmn to imildiap "used" for term *'utod" dmcribss "s eoatmum2 coum of corntact of exhibitin2 [mxuaJly explicit film~l sismlsr c~llen~e in American Mini Thsaf~et RENTON v pLAYTIME THEATRES, INC. 475US41,89LEH2d29,106SCtg~ the Court of Appeals is there[ore Justice Blackmun concurs m the reversed. result. SEPARATE OPINION Justice Brennsn, with whom Jus- tice Marshalljoin~ a~u~n~uZ. Ibnton's zoning ord;--ece selec- Cively impoleo limitations on the lo- cation of s movie theater busai ex- clLmively on the Content of the fllmm shown there. The congitution~lit? of the or~i---ce is therefore not cor- rectly ---lymd under standards ap plied to conten~-neuUni time, place, &Dd mmnner l'~'riCtiOD~ Bl/t OViD smuming that the ordinance may fairly be charscterizsd as content- neutra/, it is paslnly uncongitu- riohal under the sfandards estab- lished by the decisions of this Court. A/though the Couz~c's analysis is lim- [4~ US MJ casm involving '~tminemm that purvey senally explicit matori- al&" ante, at 49, 89 LEd 2eL at 38- 39, and n 2, and thus does not a/rect our ho|di-_~ in cases involving state regulation of other kinds of speech, I rBment. I '~A] constitutlonally permlmd. ble time, place, or manner restriction may no~ be based upon either the content or subject marmr of speech," Comolidamd Edison Co. v Public Service Comm'n of N. Y., 447 US 530, 536, 65 LEd 2d 319, 100 S Ct 2328 (1980). The Court ass~'ts that the ordinance is "~;med not at the content of the films shown at 'adult motion picture theatres,' but rather at the seamdar), eEects of such the- aters On the surrol/Ddln_gr cemmU- nit?," ante, at 47, 89 LEd 2d, st 37 (emphsm in o*nSinal), and thus is simply a time, place, and The fact that adult movie thusters Sm,ab~, IbiShis. 410 US 29e, 31~ 41 LEd 770, ~4 S Ct 2714 (1974) (Breunm~ J., dimat- inZ);me also ConsolMatmi Edimm C~ v Public Service Comm'a of N.Y. 447 US L Zd 3d 319. 100 S Ct 2328 (1MO) ("~h, Fir~ AmmsdmemS'8 IsmtHRy Zo amrmst-bmmd rqu- pergicular viewpointa. bus abe m psmhibitims of $mk,e discumioa of an entire rapic"). Mom- ovuf, tho Corn"re conclusion that ths msu~- tiara imlmmd hem were viewpoint-nmural IMmsdy flawed. "Am a pmctiad mattw. spoxt~ sup~ by fvmr o~ more relaxed exual motes. ~ueb v~om~d~rsmn~al such rsstrictions ss vim~omt-tmuu~ ramply to ignor~ mslity." St4m~ of Spssch lksmuss of ira Conme* Ths P~cu- liar Cass of Subjsct-Mansr P, muictiom, 46 U C'nl L l~v 81. 111-112 (1978). 43 m m i U.S. SUPREI~dE COURT REPORTS 89LF, d~d may cause harmful "secondary" land-use rifeeta may arguabiy give Renton a compelling reason to regu- late such ~ablishmenra; it does nut mere, however, that such reZula- tieus are content, neutraL [47s Us the ordinance impnff~__ special re- strictions on certain kinds of speech simply accept, us the Cour: ~te!l~l C|stim that the or~nn~e was not dinfried to suppress the content of aduJt movies. '[W~en refdation is bsssd on the c~n~ent of speech, governmental actiors mtmt be sc~t'~nlgJne] Irsore c~efuJly to enstlre that communication hss not been prohibited 'merely because Jmbiic of- ~i~,,~.'" Consclidated Edison Co., prs, at636,6/iLEd2d319, 100-qCt 340 US 268, 282, 9~ L Ed 267, 715 Ct 32~ (1951) ~r, J., con- currb~ ill result)). "[B]efore dder- ~ to [Renton'el judSmant, mus~ be convinmd that the d~ is seriously ~ comprebensively ad- dnmshx~' secondary' land-use dects smotUted with adult movie the. sters. Metromedia, Inc. v .~n Diego, 453 US 490, 531, 69 LEd 2d 800, 101 S Ct 2882 (1981) fBronnan, J., con- currinK ill ~udSmentL In this cam, both the ~*n~-,us~e of the ordinance and its dubious le~s|stive history belie the Court's conclusion that "the city's pursuit of its ZOnln~ t~rests here was unrelated to the suppresmon of free expression." Ante, at 4S, SSL Ed2d, etS8. A ~ Ord;nnn~e digr/mln~ an if-& face against certain forms of speech based on content. Movie Cheaters speciadizing ill "adult motion pic- tures" my not be located within 1,0(X) feet of any residentjxl zone, single- or multiple-family dwelling, church, park, or sehocl. Other tion pic4~ur~ theaters, and other forms of "adult entertainment," such us bars, mussa2e parIon, and adult b0okstAres, are no~ subject to treatment s~onfly sueiess~s l~nton was interestsd not ill con- thrills5 the "secondary e~ects' ass~ c~ar~l with adult husinssm, but in djs~,-i--.-_- apinsC sdult the. ators bssed on the content of the films they esrhihilk The Coi~rl; thi2 di~C~'iminatery tl~lltlllellt, daring tlmt Renton is ~ee "to ad- drein the potentiul problems crosf~d by one pm~'ular kind of adult busi- ness,"snte, at62-6~,89L Ed~t, at 4L aEtd to ~ the O~l{nnn~2 [4~ US future to include other adult en- terpris~Ants, st53,89L Ed2d, at 41 (cltin2 Willinmson v Lus Optical Co., 34S US4S3,48S4Sg, 99 LEd563,75 S Ct 481 (19569).' However, because of the Firs~ Amendment intern at stake hero, ~ orse-s~sp-at-$-tlme analysis is wholly inappropriate. 'This Court frequontiy has upheld underinclusive el,s-'fio,~i~me on the sound theory thst s le~stature my deal with one par~ of a prob- lem without addsruing sfi of it. See e. S., Willi~nmn v Lee Optical 2. The Court also m~-+,.* that '~t]h~s is no evidsam that, st th~ time the Rsnt~n oniinanes wss eusL'md. auy othsr aduJt b,,-4- ham ,ms lo~atad in, or we eont~nplsfinS 2d, st 41. Hmr, at the time r~s ordins~os 44 Im= RKN~ON v PLAYTI~I~ THEATRES, INC. 47~ US 41, 89 LEd 2d 29. 106 S Ct 925 Co., 348 US 483, 468-489 [99 LEd 563, 75 S Ct 461] (195~). This pre- sumption of statutory validity, however, has less force when a PiP '~q~tlnn turns on the subject matter of expreeeion. 'lA]bov~ all else, the First Amendment means that government hss no power to restrict expression because of its mmss~, its ideas, its subject mat- ter, or its content.' Police Dept. of Chicqo v Mosley, 408 US, at 95 [~3 LEd 2d 212, 92 S Ct ~]." Ermozmk v City d Jscksonville, 422 US 206, 215, 46 LEd 2cl 125, 25 S Ct 2268 (1975). fled treatin2 adult movie theaters di~erently from other adult enter- tainment businesses. The ordi- nance's underinclusiveness is co2ent evidence that it wss aimed at the content of the filem shown in adult B Shortly after this lawsuit com- mencei, the Renton City Council mended the ordl-a-ce, addln~ a provision eXplmlnln~ that its inton- tion in adoptinZ the ordinance had been "to promote the City of Ren- ton's ~reat interest in prvtec~u2 and preservin~ the q, ml;t7 of its ne'x~h- borhocds, commercial districts, and the quality of urban life throuSh effective land [4~1 US ~] ule rlmwr*in_~" App to Juris Statement 81s. The amended ordinance also lists certain conch- sory "findings" cencernLq adult en- tertainment land uses that the Councfi purponediy relied upon in adoptin( the ordinance. Id., at 81a- 86a. The city points to thes~ provi- sions as evidence that the ordin.n,~e wss desiZnad to control the second- ar~ effects sssociated with adult movie theaters, rather than to sup- pree the content of the films they exhibit. However, the 'leWslative history" of the ordinance stroqly su22ests otherwise. Prior to the amendment, then was no indication that the or~i-o-ce wss desiSned to address any '*second- ary effects" a sinZle adult theater rni_~ht create. In addition to the sus- piciously coincidental ~ml,,, of the amendment, many of the City Coun- cil's "finding' do not rolm to lqiti- nmto land-use concerns. As the Court of Appeals obeer~sd, *~b]oth the ms~istrato and the district court recc2nized titst many of the stated ressons for the ordinance were no more than expressions of ~ for the subject ma~ter." 746 F~d 527, 537 (CA9 1984).~ That some residents my be offended by the cen~ent of the filma shown at adult movie the- aters cannot form the basis for state re2ulafion of speech. See Termlnlello v Chica6o, 337 US 1, 93 LEd 1131, 69 S Ct 894 (1949). Some of the 'findin2s' added by the City Council do relate to sup- ~. For sxsmV~. -s,,4;,~, numbst ~ natas that on~lm~dt~ a~,xm~w. consensual Mauad t, latioas." App to duris Statement 8k "~aKfinf' nunab~r 6 states that '~l)xation of adult land urns in clom prox- imity to midsntisl usm, churches, parIm and other pubfie faciiitim, and schools, wfil cam a deiTmdltion of the commtunty standant of morality. Porno~sphic mamrial has · ~s- srsdm~ effec~ upon the ret-tiomhip between e~" Ibid. t U.S. SUPREME COURT REPORTS 89LEd2d with adult movie theaters., However, the Court cannot, as it duet merely accept these pcst-hoc statements at face value. "[TJhe presumption of v~jdity that traditionally attends a local government'g exercise of its zoning powers carries little, if any, wei2ht where the zoning regulation trenches on rights of expression pro- tect~ under the First Amendment." Schad v Mount Ephraim, 452 US 77, 68 LEd 2d 671, 101 S Ct 2176 (1981) (Blackmun, J., concurring). A~ the Court of App~_|, concluded, '~t]~e record presented by baton to support its asserted interes~ in en- thin." 748 F2d, at 536. The amended ord!nsn~e s~atos that its "finding" summarize teeti- mony revived by the City Council ceruin public hearin~ Wh~e none of this testimony was ever recorded or preserved, a city official reported adult movie thastors located in their community. However, the official was -nsi~le to recount any tox~imony as to how adult movie theaters would specifically a~rect the schools, churches, parks, or r~dences "pro- tooted' by the ordinance. See 190-19~. The City Council cenduaed no studies, and heard no expert tes- timony, on how the pro~scted uses would be geefed by the presence of an adult movie theater, and never considered whether residents' con- cents could be met by "restrictions that ars |m intrusive on protecfed forms of expression." SchacL supra, at 74, 68 LEd 2d 671, 101 S Ct 2176. As a result, any "findi.p" reSardi~ 'secondar~ effects" caused by adult movie theaters, or the need to adopt specific locational requirements to coinhat such effects, were not "find- in~" at all. but purely speculative conclusions. Such "finales" were the burdens [mUasl] the ordi.nnce impce~i upon constitutionally protectsd ex- presston. The Court holds that Renton was entitled to rely on ths experiences of cltim liks Detroit anti Seattle, which bad euctod special w-i-,- re2ula- tions for adult entertainment bttsi- neesee after studyin2 the adverse effecU ceus~d by such elabfilh- menre. Howev~, eve~ assumi,~ that Renton was ameerned with the same problems as Ssatfie and troit, it nevtr acDtsBy reviewed any of th~ studies conducwi by those cities. Renton had no basis/or deter- minln~ jf any Of the "~dirm~s' mada by these cities were relevant to Ren- ton's problems or need~s Moreover, dsaisd sub nmm Apple 441 US i ~ L ~ ~ ~m~ a~ ~' m~ ~ ~ ... N~ ~ at 719, ~ RENTON v PLAYTIME THEATRES, INC. 475 US 41. 89 L Fxi 2d 29. 1068C~25 since l~nton ultimately adopint zon- in~ re~dations di/rerent/tom either Detroit or Seattle, thms~ "stucSes" provide no irasis for amessing the etfa'tiv~nm of the pm'tic~,l-- r~- strictions adopted under the ordi- _nent~.e R~ltozl CIZlDO~ merely rely on the general ezleriencee [4vs us of 8egtle or Detroit, for it mug "justify its problems--not 5mttle's or Detroit's ptolemy" 748 F2d, at 536 (empha- sis in o'nainai). h sum, thm cix~,mMances hmr~ strm~ly su~qmt that the wm dmiZned to suppress expremion, evwn that constitutionally protracted, and thus wss not to be anslymi as a content-neutral time, plmm, and manner rmtriction. The Court tivm. howe~r, by mlianc~ on thm fsct that ottmr co~,~unities mioptmi surm ~rom judicial scrutiny, sincm a municiI~a_fity can readily 8-J othsr municipal ordinancm to r~ly upon, in~ special zo-i-_* remdatiom for adult thean' Rather than specu- late about l~nton's motivmm for adoptin~ such m~ssurm, our cure requh'e that the Ordlnsnqe, like shy other, ~n~n~ ~ ~ s~k ~ ~tu~o~ "o~y ff ~ [~W] ~ ~ tht [it] ~ a p~y ~ m~ of M~ a ~- )m'U d ~. Y., ~7 US, at ~, ~ L~319, l~S~;w~ ~ v B~ ~7 US ~, ~1~ ~L~, 1~8~(1~ I~,~US9~,~L~2~ 9~ S ~ ~ (1~2). ~y ~ ~ n~ ~ thmi~ ~in~ ~ M a ~ for ~p~ ~m~ [4ff ~ ~ of~~o~W n~ a ~ 1~ M~t ~ rheaten in proximity to ia ~s ~ n~y ~t ~ ~ ~ ~lea ~ n~ h ~ ~ly ~ by lm h~ II Evwn usumin~ that the mxiimmce should be treated like a cont-nt-neu- 4~ m I SUPREME COURT REPORTS 8~LEdlB real time, place, and manner restric- tion, I would sffil find it uncon~itu- tionsl. "[R]estxictions of this kind m valid provided.. . that they are narrowly tailored to serve a slenMi- ~,,~ Kovernmental interest, and that they leave open 'ample alternative channels for co,~,~unicatton of the information.' Clark v for Creative Non-Vio|e,~; 468 US 2_m); 293, 82 LEd 2d 221, 104 S Ct 3065 (1984);, Heftton v International ~ety for Krishna Conscinumms, In~, 452 US 640, 648, 69 LEd 2d 298, 101 S Ct 2589 (1981}. In apply- subject the allseed inter~ts of the [c/ty] to the de~ree of scrutiny re- quired to ensure that expremive tivity prot~zmt by the First Amend- ment remains free of limitations." Co,~,~unity for Cre- ative Non-Violence, 4~8 US, at 301, 82 LEd 2d 221, 104 S Ct (Mor~-Lt; J., diMeurine). The Court "evidently [and wrongty] assumes that the h-I,,~e struck by [Rennm] oei~-~- is deserving of deterenco long as it doM not appear to be tainted by content discr~mlnat~o~" IcL, at 315, 82 LEd 2d 221, 104 S Ct 30(~o Under a pr~pe application of the relevant standards, the ordi- nanco is clearly unconstitutional. A The Court finch t,.~ the ordinance was designed to further Rmnton's substantial interest in "premerv(in~] the quality of urlMn fife." Ant~ at 50, 89 LEd2d. at 3~.As explalned above, the record here ia sinaply insult to support this assstUn. The city mad~ no showing as to how an adult movie theater. Thus, the Ren~n or, lb~,,ce is clearly distin- gulshabae from the Detroit ordinance upheld in Youn~ v Ameri- can ~q~ini Theatres, Inc. 427 US 49 LEd 2d 310, 96 S Ct 2440 (1976). The Detroit ordinance. whlpis wts thronghour the city, was supperted by the r2olay of urban and real estate experts the adverse effects of L~.~H~_* sev- eral such businemm in the same netghborh_,~od_, Id,, at 55, 49 IL Ed 2d 310, gOSCt2440;MealmNorthend Cinema ln~ v Seafile, 90 Weah 2d 709, 711, 585 P2d I15~ 11a4-1155 (1978), cor~ denied sub nora API~ ~re, In~ v Sea~is~ 441 US 946, 60 LEd 2d 1048, 99 S Ct 2186 (1979) (SMttie zo-i-~- ordinax~ was ths "c,,)mi-stion of a long period of soxnm reaidentt had c~nplsi~ed St adult movie thsators, and thst Oth~ )n,~li+~el had adopttd ~ lishmenix Theme are n~ 'fatre" sum~ent to justify tIM burde~ the orai...~e impead upon conm;itu- B Fina~y, the ordinance is inv. na because it doM not pro~de for tea- sonable altarnative avenues of munication, The District Court a~,m in Ra~t~m allmil~bl~ f~r adult aimut fly, pen~at of thin e/ty. Hm~- ever, tha Court of App~,_u faand th~ba:au~muehofthiatandwsa already c~cupied, *~.~m~,i-e eduit themterusemtothetsaressisasub- stantial restriction on speeek" 748 F2d, at 534. Many "avmilmh|e" are also largely unsuited for use by movie theaters. See App 291, 241. | I- RENI~N v PLA~ TIME THEATRES, INC. 4?~U-~41,~LEd2d2~, 10~s~Ctf~2a ~ ~ case from American Mini Thesires, where there was no indica- tion that the Deiroit zonln_~ ordi- nance seriously limited the locations Svnilahle for adult businesses. See American Mini Theatres, supra, at 71, n 3~, 49 LEd 2d 310. 96 S Ct 2~0 (plurality o!~nion) i"rhe sims- tien would he quite different if the ordimmcehsdtheetl~sctof... of Galveston, 682 F2d 1203, 1214 (C,A~ 1982) (ordl,an,~ 'effectively by resn'i~In_- them to "'the mcs~ -nst/fxactive, inaccessible, and inconvenient areas of a city' "); Purple Onion, Inc. v Jackson, 511 F Supp 1207, 1217 (ND Ga 1981) (pmpssd sites for adult eXltsr~mi~ment ] w2re either tltlll- aveliable, unusable, or so imsccessi- hie to the public that ... they mount to no lecations"). Despits the evidence in the ~nt, the Cour~ reasons that the ~aot "[t]~at rsepondents must fend for themselves in the real esta~ mar- kef~ on an equal footin8 wilh other prospective purchasers and lessee, dos not 8lye rise to a First Amend- ment violation." Ants, at 54, 89 L Ed 2d, at 42. However, rsepondento are not on equal foo~ix~ with otller prtspsotive pu~c. hamsrs and lessees, but must conduct busins undm- severe restrictions not impseed upma other setabJjphmentt The Cotart also argues that the First Amendment does not compel '*the ~ovsimment to ensure that adult theaters, or any other kinds of speech-related bud* neemere for that matter, will he able to obtain sites at bargain price." lbi~L However, respondants do not ask Renton to guarsntse low-prlce sitas for their busins but seek only a reasonable opportunity to o1~ elats adult theaters in the city. By denying them this opportunity, Rma* ton can sifectivaly ban a form of protected e~_,~__h from its bonts~ The ordlBan~e "greatly restricts] ac~ Mlv~i Theatres, supra, at 71, n 3~, 49 LEd 2d 310, 96 S Ct 2440 (plurality Opinion), and is plainly unconstitu- tipsat 'l mm m U.S. SUPREME COURT REPORTS 49LEd2d COX .I~-MAN A, YOUNG, Mayor the City of Detroit, et al., Petitioners, v 427 US 50, 49 LEd 2d 310, 96 S Ct 2440, reh den (US) 50 LEd PA 15iS, 97 S Ct 191 [NO. 75-312] Argued March PA, 1976. Decided June 24, 1976, SUMMARY The operaterm of two adult movie themtare in Detroit, Michigan, inrdtuted separate actions sgains~ city otcinis in the Unit~i Statm Dist~ct Court for the Emitera District of Michigan, eeekiq injuuctive re~ef and a deularatory judgnmenl; of the unconstitutional!ty of a Detroit ordinauee requiring that adult theaters be llceused, and of Detroit zoning ordinaaces prOvidin_~ that abeent a waiver from the Zoning Comnxission, an adult movie theater my not he iocated within 1000 feet of any two other "reStted uses" (I0 different kinds of establishments in addition to adult theatere), end dt~Snlng an "adult theater" as one which presents material "c~ by an emphasis" on matter depictlug or relet!n.e te "Specified Sexull A~tivitias" or "Speci/ied Anatomical Aress" (~s defined in the ordinnn~es). Consolidating the cmee, the District Court granted the de/en,l~nta' motion for mtzmm-ry jud&,ment (373 F Supp 383), but the United Statee Court of Appeals for the Sixth Circuit revereed, holdi~ that the ordinance~ violarod the equal protection claume becaume they impreed a prior rastraiat on coug~itutinnally preteaed communication and thus could not be justflied merely by stab- lishin_~ that they were dmiSned to serve a rompellln_~ state interest (518 F2d 1014). On certiorari, the United Stat~ Supreme Court r~veremi. In an opinion by Savm~ J., eapressin~ the view of five members of the court, it wss held that (1) as applied to the pl,l,ei~R,.. the zOnin_a orc~tzaace$ did not viohw~e the due procem clatme of the Fourteenth Amendment on the ground of vague- ne~l for fmi!in~ to ilmdiCaM how milch of the described activity might be perraisin'hie before the exhibition wee "characterized by an emphasis" on such matter, or for failin_~ to specify proaeduere or standards for obtaining et waiver of the 1000-foot restriction, since the plaintiffs prepreed to offer adult Briefs of Counsel p 1333, infrs. 310 .| YOUNG v AMERICAN MINI THEATRES 42~ US ,50, 49 LEd 2A 310. 96 S Ct 2440 fare-on a regular basis and had not alleged any basis for claiming or ~i[~ti~g any waiver of the 1000-foot restriction as applied to their theawrs, (2) the plainLifts could not rinse the vagueness Sue under the theory that even thaugh their own rights were not violated, the very existrice of the ordinances might cause persons not before the corn to rdrsm from engaging in constitutionally protected speech or expression, since (a) it was not clear that the ordinances would have a signScant deterrent effect on the exhibition of rims proteaed by the First Amend- ment, Co} the only vaguenasa in the ordinances related to the anmunt of sex-ally explicit activity that could be portrayed before the material could be said to be 'charac~rized by an emphasis" on such matter, aad for most films the question would be readily answerable, (c) to the extent that an area of doubt e~, the ordinances were r~s,~ily subject to a nattreeing construction by state courts, and (d) there was a less vital interest in the uninhibited exhibition of matorial that was on the borderline between pornegnphy and artistic expression than in the free diaseminslion of ideas of social and political significance, and (3) the licensing and zoning ordi- nances were not invalid as irapermissible prior rstraints on free speech, the city's interest in planning and regulating the use of propert? for commerci~ pu_rpos~__ being adequnto to support such type of restrictions applicable to all theaters within the city limits. S~'v~m, J., joined by Btraoxa, Ch. J., Warn, J., and RRjINQUIST, J., also expressed the view that although the First Amendment protected communioati~n in the area of adlat movies from toteJ suppression, nevertheless the city, without violating equal protection re- qu~ement~ could legitimately use the content of such pictures as the basis for placing adult theaters in a different classi~ation from other theaters for zopin_~ purposes, the city's interest in the charac~r of its neighborhoods adequatoly supporting the ordinances' classification. poww-,~ J., concurred as to holdings (I), (2). and (3) above, expressing the view that (1) the city had broad reguJatory power to prevent the deteriora- tion of its commercial neighborhoods, (2) there was no indication that the or.'i;-,,n~es suppressed the production of or, to any significant de6ree, restricted access to adult movies, and (3) the ordinances' incidental restric- tion on First Amendment freedoms was no greater than was __~__ntlal to the furtherance of the sulJtantial governmental interest in preserving the character of its neighborhoods, which intorest was unrelated to the suppres- sion of free expresion. S~xw~kaT, J., joined by Bax~rs~J~, MAumu~ and Bh~cx, w~, JJ., fli~nt- ing, e~ ~ ~ that (1) the F~ ~en~ent ~ tht t~e, pl~, ~d m.nner ~a~ t~ ~ p~ exp~on m~ ~ con~n~neutr~, ex~ ~ the l~ con~x$ of a ~p~ve or ju~e a~, ~ (2) th~ the ~t~it ~nm( or~ ~o~ the F~ ~en~ent, the fa~ t~t the ~d of exp~ion at ~ue m no doubt obj~on-h{e W ~me not ~;mln~( i~ pro~ state. BLACn4UN, J., joined by BRF, NN~,N, ST~'V/ART, and M. AI~HALL, JJ., dis- sented on the ground that the ordinances were unconstitutional for vague- 311 U.S. SUPREME COURT REPORTS 49LEd2d ness of various provisions, including those relating to (1) licsnsing and waiver standards, (2) the determination of whether a film was "character- ized by an emphasis" on the specified sexual activities or anatomical areas, and (3} the determination of whether neighboring establishments consti- tutod "regulated uses." IIF, ADNOTES Clssi~ed to U. S. Supreme Courz Dilesl, Lawyen' E&tion Constitutional Law § ~ -- First antes of fresdom of spssch and prsm Aalendlnent -- appileabiUty to am made applicabl~ w the arabs by ~ state due process clause of the Fouff~enth la, lb. The First Amendment's guar- Amendment, 312 TOTAL C~-SERVICE LIBRARye P,J~'I~tENCE8 16 AM Jug 2d, Coastitutional Law §§ 341-350, 552; 82 AM Jua 2d, Zoning and Planning §§ 11, 1.2, 14, 122 20 AM Jua LzaAL FoaMs 2d, Zoning §§ 268:51 et seq. 16 AM Jva Tahu,s 99, Relief From Zoning Ordinance USCS, Constitution, 1st and 14th Amendments US LED Dxont Constitutional Law § 935.5; Zoning § 1 ALR Dxawrs, Constitutional Law § 791; Zoning § 18 LED INogX TO A~I~Oe, Certainty and Definitehess; Freedom of Speech, Press, Religion, and Assembly; Motion Pictures; Zoning ALR Qutcx l~rogx, CoSainty and Definitehess; Frt~tom of Speech and Prea; Motion Pictures; Zoning Fn}g~ Qvxc-x INDgX, Certainty and Definit~ne~; Fregom of Speech and Press; Motion Pictures; Zoning ANNOTATION REFERENCES Supreme Courts v~ew~ as to overbreadth of legislation in connection ruth Fire Amendmeat ri~hW. 4~ LEd 2il 7~. Sumthe Couft's application of vs{ueam d~ctr/ne oniinanca4OLF~P~lS~3. What 9gev~ton~ of the Fadeaid Cot~gitution's Bill of Ri~hm am applicable to the state. lgLEd2d 138~,23LEd'2d98~. Th~SuprsmwCcur~aad th~ri~ht dfr~spt~h and prmm, 93 LEd llSl. 2LFA 2dlT0~,llLEd2dll16.16LEd2d1053,21LEd2d976, ddniti~n of cornrosa-law crl~t 9g LEd 374. 16 LEd 2d 1~31. Inr~fssx nscstwary to mmnwnmncw of declaratory determination of vslidily of statuw or oniinanct 174 ALP. YOUNG v AMERICAN MINI THEATRES 42? US ,50, 49 LEd 2d 310, 96 S Ct 2440 Courts ~ 270 -- jurisdiction -- consti- tutionality of ordinances 2a, 2b. A Federal District Court has jurisdiction under 28 USC~ § 1343{3)-- which confrere jurisdiction of civil actions ~o reds the deprivation, undor color of star~ law, of consUtutional ri~hte---of an action brought by the operators of adult movie theaters against city officials for injunctive relief and a declaratory judg- rnent that the cil~y's zoning ordinances rostricting the location of adult theaters are uncomltitutional, where the plaintiffs allege a cla/m for relid under 42 USCS § 1983. Constitutional Law § S,~; Ze-tn5 § 1 -- aisle movie thanms -- onfi- nonce nsstrtetinO loeation valusnsss -- overbreadth 31, 3b. A city's wnmg ordinances pry- riding that ab~nt a waiver from the Zmung Commatalon. a~ adult movie th~ ater my not be locami within 1GO0 fe~t of any two other "r~dami uMs' (10 different k~nds of ~$t/blish/nente in addio tion to adult thattars),--and de/;n!n_e an "adult thnst~r' as one which pres~nte mtorin~ 'characterized by an emphasis" on mattor depict!hE or relating to "Spsc- atemicai Areas" (as deenod in the onti- nsncss~ss applied to ~ertain thator operamrs-do not violate the due process clause of the Fourteenth Amendment on the ground of vagueness for f~il~n,a to indicate how much d the described ac- tivity may be permissible before the ~ibition is 'chantc~rized by an empha- sis" on such matter, or for f. ilis_~ to sl~cify pro~durss or standards for ob- taining a waiver of the lO00-foot ratfic- tion, wher~ the theater operators pro- [nmd to offer adult faro on a re~,as- basis and did not alias any basis for claiming or anticipating any waiver of the lO00-foo~ rsu-i~tion as applind to their thnsters, any element of vagueness in the ordinance thus not atfecting such theater operaton; rmr may such theater operators raise the vaguenee issue un- der the theory that even though their own rights were not viointed, the very existenc~ of the ordinances may cause persons not before the court to refrain from engaging in constitutionally pm- ~ speech or exprssion, smc~ (1} it is not clear that the ordinances will have a significant deterrent effect on the exhibi- tion of films protected by the First Amendment, (2) the only vqueness in the ordinances reintee to the amount of sexually explicit activity that may he portrayed before the material can he aid to be "charactorimt by an ampha- sis" on such matter, and for mt~t alms the question will be remtily answerable, (3) to the extont that an ar~a of doubt exists. the ordinance are r~dily s,,hjP't to a narrowing construction by state courts, and (4) there is · lass vital inter- eat in the ,mi,,hlhit~i exhibition of mb teriai that is on th~ borderline betw~n pornography and artisle expr~mmi than in th~ fre~ dis~mmation of ideas -- overbrsmtth 4. The principle that a parson whose own speech was not protectst by the First Amendment hes stondi~ to chal- ]eo[e the constitutioeallty of a sate statute purporting to prohibit st~ech because the very exismnce of the statuto my causs 12rsous no~ befove t~ court to refrain from engsging in conra- tutionally pro2cted spssch or expression is justifiad by the overria~n,~ impormm2 Of maln~inltl_~ a ~ree I~l open for the interc~-~es of ideas; neverthe- less, if the statuto's datemint eff~ot on [~tlmste eXpres810n is not both and substantial. and i~ the stemto is r~.lily subject to a narrowing construc- tion by state courts. the litigant is not permittod to as~rt the rights of third Coastitutional Law H g~. 93S~ ft, se iI~eeh -- sAtdt m~e than- 5. A city's ordinances provid!n,e that adult films may only he exhibited corn° marcjolly in licensed theaters, thac an adult movie theater may no~ be locat,~l within 1000 feet of any two other lated uses" (10 different kinds of esteb- 313 U.S. SUPREME COURT REPORTS 49LEdgd [ishments in addition to adult and that an "adult theater" is one which presents material "charscterized by an emphas~" on materinl depi~ or re- latin~ to "Specifial SexusA Activities" or · 'Specified Anatomical Areas" (as defined in the ordinance~l, are not invalid as irapermissible prior resttaintl on frse speech; the city's intofelt in plnne~n_~ and regulating the use of property for commercial purpees is adoquit- to sup- port such type of restriction applicable t~ roll the~et's within the city limit& &lid ths re~/ation of the piles where adult Slma may he exhibited does not o/fend the First Amendment Constitutiousl Law t§ ~ ~ ~' inf t 1 -- First Amendment 6. A mumc~pality my control the lo- cation of theat, era as well as the heation of other commercial ~t,eb|iakmmeq, ei- ther by ronfinin~ them to certain spscl- fled commerciul zones or by requizing that they be d~poM throufhout the city; the mere fact that the mmmercill exploitation of material protacked by tba First Amendment is subjec~ to Zpnin_~ and o~hsr llcensin~ requirements is not a sdftcient resson for invalidsting ot~ti- nsm~ bmetmd speech t~nm, placm, and mmanar of protoctmd s;_,~e~__~ where those nSulmfiotm are nec- essary to further ~zgnificant 8overnmen- tal interesu, are permitted by the First Amendment. SYIJABU~ BY REPOE'.rr, st OF DECISIONS Baspondent oporemra of two adult tion picture theaters brought thi~ action again~ p~titionor city ot~-I- for injunc- tiv~ r~li~f and a dselaratory judgm~n~ Detroit z~ ofdinmm:sa that am®nded an "AntiCkid Row Ordinance" adopted 10 years e~rli~r. The 197~ ordinances prtwide thst an adult theator may n~ (apart from a spscial waiver) he loeatsi within 1,000 f~e~ of any two other "regu- lateduses" orwithin SOOfeetda rosio dentiai are~ The tom "regulatsd uses" applies to 10 ditreront kinds of establish- mengs in addition to adult thesr~rs, in- Ch,dln~ ndult book itorel, c~ bits, ter is u~d to present "matorbJ distin- guished or charscterized by an emphsm on mtmr depicti~ . . . 'Spsci~d Sez- uul Activitim' or 'Spsci~d Asmtomicul Aresf'" it is an "ad~t~ The Distric~ Cour~ uphdd ths ordi- nanc~ smi ~rmmtsd potitionsm° motion for sumram7 judSment Ths Courz of Appeak revmssd, hol~,-_~ that ths ordi- nances coum~utsd a prior restraint on ronstitutionaHy protectod communica- spond~nta, in addition ~o amsrting correcthess of that cou~'l fi,lin_~ with rmpse~ to thce~ censtimtlonal iasuas, con~nd that th~ oniinan~s t-s vehi for vsluencet Whiia net atzaeiin~ SpeCigcity of the de~aitions of smtua] activitim or anatomi~ m rmpou- denta maintain (1) that they ,~.n,~ terrains how much of the described tivity my he permissibbs before en bition is "charac~rized by an emphalm' on such mattor, and (2) thg the ordi- nanca do not specify adoquota proee- dam ~r standarda for obtainin6 a waver of ~he 1,000-feot restriction. 1, Tho o~ees M applied to these respondants do not violam the Due P~ eem Clam of t~e Fourtaenth Amend- merit on the Fund of va2uenm is) Neither of the asaened etemema of vqueneas has deeted these rcepon- dents, both of which propme to otter ad~t faro on a reimlsr barn and oilego no Found for eleimin_~ Or anCiCipati~' any waiver of the l,O00-foot regrictio~ (b) The ordinances will hsve no monstrably siSm/ican~ e/feot an the ezhi- bition of 6|me protected by tha Firgt Amendment. To the extent tha~ any tion and violsted equal protection. Re- area of doubt exista u to the mount of 314 I YOUNG v AMERICAN MINI THEATRES 427US~O. 49LEd2d310,96SCt2440 sexnal/y explicit acr, ivity C~C may be be "chsrsc~rized by an empireins" on such matter, there is no reason why the ordinances are not "resefily subject to a narrowing cormtruction by the proprism case to apply the principle ~ by rml~ndenta timt they be per- mitmd to challenge the ordinano~ not bemuse their u,,, r~hra of free expres- sion are v~olsted. but because of the Mmamptioa tlmt the ordimmcm' very exjsmnce my cam othen not before the court to rehlin from constitu'taon~iJy prvtoaad spmch or expresmon. ?. The ordinances are not invsdid un- der the Fir~ Amendment as prior St~t~ OU p~ COmmqD~D cam Of the licensing or z~i~_~ require- roeera. Though adul~ Slr~ my be it~i commercmlly only in licensed the~ t~rs, t}mt is also ~rue of all ftlms~ the place where films my be exhibitBi is re~u~ted does not viohto free expr~s- sloe, the city's interest in plsnnu~ and re~d~tinS ~he use of proper~y for com- mettie] purlxmes beis~ elesrly ~!equste 518 ~ 1014. reversed. Stevens~ d.. delivered the opinion of the Court, in which Burgmr, C. J., Whit~ pow~n (except for Pert ID~ and Re~aqmst, JJ., joined. Pow~ j., ~ · concuningopinion, ix~t, p73,49LEd ~L p 327. Stawsr~ J., fi~d · dissenting opinion, in which Brmum~ Mardm~ sad Blackmun~ JJ., join~i, post, p 84, 49 LEd2d, pl~4. Blsckmm~J.,~lsde disleering opinion, m which Stewsrt, and lf~nbalL JJ.,jomed, post, p88,49LEd2d~p337. AFPEARANCES OF COUNSEL Maureen P. Reilly argued the cam For petitioners. Stephen K Taylor and John K Weston argued the cam for rmpondent~ Briefs of Counsel, p 1333, infra. OPDfiON OF ~ COURT [OvvSss] Mr. Justice 8reverts derivered the OpiniOn d the Court.' [lm] Zoning orfli,~-nces adopted by the city of Degroit diEecentiate be- tween motion picture theaters which exhibit sez, n!!y explicit '*adult" movie and thcee which do not. The principal question presented by this case is whether that stemtory classi- · Psrg GI of tk~ opinion ~- joiasd by only ~'~s Chid Justic~ Mr. Jus~ Whit~ smi Mr. 1. [lb] "Conp~s ~ m~ks no taw . . . sbrid~ng tl~r~om of~S~,h, or dths ~cation is unconstitutional beeam it is based on the content of commu- nication protec~d by the First Amendment, ~ Effective November 2, 1972, troit adopted the ordinances cha/- lenged in this fifiga~ion. Instead of concentrating "aduif' theaters in |imitea zones, these or,4inm,eee re- preee .... "This Amsndment iam appfi- cable to the Smtm by the Due Proeem Chufe of the Faurtaengh AmendmenL Edwanb v South Carolin~ 372 US 2~9, 9 LEd 2d S97, 8380,680. 315 m m U.S. SUPREME COURT REPORTS 49LEd2d quire that such theaters be dis- persed. Specifically, an adult theater may not be located within 1,000 feet of any two other "regulated uses" or within 500 feat of a reidential area.~ The term "regulated use" includes I0 different kjnds of establishments in addition to adult theaters.~ [4rz US ~1 The classification of a theater ee "adult" is expr~sly predicated on the character of the motion pictures which it exhibits. If the theafar is used to present "material d~tin- guished or charac~rized by an era- 2. T~e Diotr~t Cou~held tbmt tbeori~ form ~ ~e ~fm ~m wM in~id ~m it wM mmum f~ "uy ~n~ a mi~ d~il~ or iq, but ~o~ ~ ~nd~nt p~t~ m ~ li~n. ~t ~ ~ ~p "D"~ liquor for m~n ~ t~ p~ ha,a; public l~ ho~; ~n~ "For ~e ~ of ~ k~n. 'S~ "3. Fo~ or o~ e~ w~ of hi, m-- pm~ p~ ~ but~ or m b~ bu:~L ~ (c) f~e b~ ~1~ a "2. HU~ ~e pffi~ m a ~mibly c~e~." 5. ~e~ a~ thm ty~ of adult 316 phases on matter depicting, desfill> ing or reintAng t~ 'Specified Sexual Activities' or 'Specified Anaton~ca] Areas,' ". it is an adult establish- merit.s [4r~ us The 1972 ordinances were amend- ments to an "Anti-Skid Row Onii- nanea" which had been adopted 10 years earlier. At that time the treit Common Coune~ made a find- ini that some uses of property e. re especla.y injurious to a neighbor- hood when they are concant,-ated in lknitai areas** The decision to add mentm-4xmk~ta motio~ picture thestm,,t end mini mot/on picture themters--de~ reetmcuvely u folloMm: "Adult Bm)k Rtore "A~ eetab~m__eat I~vinl u · or mambmatt portion of ito wt~k in t~mk, ere distingum~d or ch~rlct~rised by emphams on met~r de~, dee~ or Iow), or an ~etmbl~hnient with · se~t or Metiondevo~dtotheseleordis~yo[mueb mto~iat. "Atilt Motion Picture Theeta~ *'An enciaad bu~l.~,,~- or morw persons used for prmm~tiq malariaJ on malaar depictinS, ~scnbial 'Sparred Sexual ActivitiM' or 'Spatted Aria* romicaJ Areea.' (,s defiasd belowl for obser~- "Ad..It Mini Motion Piaure "An enclmed bufidin~ wffh a celm~ty for l~s thaa 50 pemms umt for pres~tml mto- riaJdiginl~hstorc~byanem- lowl, for obMrvation by patrona thereto.' 8. ~etion 66.000 of th~ ~ Z~,,i,,_* Ordi- nance "In the dmvmlopment and ezmeution of th~ Ordinance, it is reco~mimi that thew are some ~Mm which~ bseausm of their very rmo turn, are recoSm,sod ss hav~n~ Mnous objmc* tionabia operational charac~ristim, pertlcu* Early when soversd of them ere concentram/ under certain circuznstancmm thereby having · deleterious effect upon the sd)·cent area Special regulation of these uses ~ necessary i YOUNG v AMERICAN MINI THEATRES 427 US 50, 49 LEd 2d 310, ~ S Ct 2440 adult motion picture theaters and adult book steres to the list of bum- neesen which, apart from a special waiver,' could not be located within 1,000 feet of two other "regulated uses," was, in part, a response to the significant growth in the number [4~ us as] of such establishments.s In the opin- ion of urban planners and real es- tate experts who supported the ordl- nancet the location of several such businesses in the same neighborhood tends co attimct an uncleelf·hie qt,m. tlltity and q,mli~y Of transientS, adversely affects property values, causes an increase in crime, eepe- cially prostitution, and encourages residents and businesses to move elsewhere. [2m] Respondents are the operators of two adult motion picture theaters. One, the Nortown, was an estab- liehad theater whieh began to ex- hibit adult films in March 1973. The other, the Pussy Cat, wea a comer gas station which was convened inte a "mini theater," but denied a certif- icate of occupancy because of its plan to exhibit adult ~hna. Both the- at·re were located within 1,000 feet of two other regulatmt uses and the Pussy Cat was less than 500 feet from a residential ares, The respen- dents brought two separate actions a~sinat appropriate city embalm, seekin_~ a declaratecy judgment that the Of~lnnnCee Were ullconstim- tionnl and an injunction against their enforcement. Federal jurisdic- tion wes properly invoked, and the ~vo cases were consolidated for deei- sionJe The District Court granbxi defend- ante' motion for stmmme,'y judgment. On the basis of the reasons stated [4aT US M] the city for adopting the ordinances, the court concluded that they ropre- sented a rational attempt to pre- serve the city's neighborhoods." The to ·sure that thrums stdvsrse effmc~ will not contributs to the blightlug or down~mdin_~ of the surrmmdini neilhborhood. Thass sps:isl r~ations m itommmd in this section. The pnnmry control or re~tinn is for the ptu- p~ of p~s~ntin~ · con·ann"ark· of these 7. The ordinance authoraim the Cotntn~ to wmlvm the LOGO*foot restriction iI it '*a) That the pr~p~ m will not be con- trury to tim pubtic intarast or mju~iou~ nearb~ properties, ami that the spirit and intent of this Oral!hanna will bs observed. "b) Thst the prop·sat usa will not or enem~rag~s the dmlopment of · 'skid row' "cl That the establishment of an sdditionsl r~q~lstsd us~ in th~ ~ will not be contrary ~o ~ny pr~m of r~iZhlborp~oed comr~a- tion nor will it intoffsr~ with any pr~"~tm of urban Fenewsl. 'dJ That ·11 applicable r~uintions of this Or~tinance will be 8. A potice depart·mat msmorandkma drmmsd to the asm~ant corporation coumml stated that smce 196'/them had bema increMe in the numlMr of adult thammrs in Detroit from two to 25, and · compm.,tbl~ inc~!lle in the number of aduJt book and other "sduR-typs busmeMe~" S. [2~] l~alx~ema -!l%~sd · claim for mli~ under 42 USC § 1983 [42 USCS § 1983), u~der 28 USe § 1343(3) [~ USC~ 10, Both cams wars decided in a sin21· opimon ~mi joinfly by Jude· Kermsdy and Judge Gubow. Nortowu Theatre v G~bIM, 373 F Supp 363 (ED Mich 1974). 11. "When. as here, the City has stated · r~sson for adoptin~ aa otdi.,,.~o which is · subM of l~itims~S conoern, that ststmnlmnt of pur~ is not subject to att~ *'Nor my the C~urt substitut~ its judGansnt for that of the Common Co,n~il of the City of Detroit as to the methods adopted to with the City's le~timmte collc~ to pfe~lFve nei~hberhoods. so tong as there is some rs- tio~aJ re',ationship betws~l the objective of the Ordinance and the methods atoptad." Id., at 367. 317 Ir I m m U.S. SUPREME COURT REPORTS 49LEd2d court analyzed and rejected respono dents' aqument that the definition and waiver provisions in the onii- nantee were impermiss~bly vague; it held that the disparate treatment of adult theaters and other theaters was justified by a compelling state interest and therefore did not violate the Equal Protection ClauM;'s and finally it concluded that the reSolu- tion of the pi~_,~s__ where adult illms could he shown did not violate the First Amendment,mz The Court of Appe-_in reversed. Gribbs, 518 F2d 1014 (CA6 1975). The majority opinion concluded f~ta~ the ordinances imposed a prior re- 1~ "Bocausa tin, OrdinaneM distinguish adult thaatrss ~ ~m from th~ ~d ~m on ~n~nt d ~r ~n wa~ ~ by ~ F~ A~nL ~ ln~ a~pmm ~ for ~ng H~r v Vi~ ~ of ~ ~ US ~, 670, (16 L ~ ~ 1~. ~ S a 1~9).. . ~ ~ ~a v~ of ~S on wh~ it ~ ~ m furor '~ ~m~l]~ SUa in~ which s~ ~ the ~ ~t of ~. Mel h~u al~ly ~t ~ pm~i~ ~ ~ b~ ~ ~t t~ ln~ m p~ of t~ City. ~ Io~mnt in~ e, ~e p~ti ~ ~il~u of ne~- straint on constitutionally prot4~f~i communication and f~ma~fore 'merely establishing that they were design~ w serve a compelling pub- liC roteteat" provided an inm/ffident justification for a rl---"aea~inn of motion picture theaters on the basis of the content of the mte~lal, they purvey to the ,public.'* Relyin~ pvi- marfly on Police Department of Chi- cage v Mcoley, 408 US 9'2, a,3 LEa 2d 212, 92 S Ct 2286, the ceurt held the ordinance invalid unaer the Equal Protection Clam. Judge Cels- brenm, in distant, szpnsssd Joy us M3 the opin- ion that the ordinance was a val- id "'time, place and manner' re,u- borhooas in the City of to the supp~mmn of Amet~Jslnt rilhts m i~disNlCtly I~bltelL but only in ezsrcisst in ~ location& Pinintfs mmdd · thsatrw or hookstom, wh~h arm commecml bumnssms, in · rmsid~ntmily mnmd couidthsycisimthsrighttmputossp~r- fop~,~s for pre~t in a pubtie sU~ff~ Admit* t~tty ti~ r~ hem is mmw mstricttv,, but it 14. 'Th, City ~d not diadlmls its heavy bunis of iustfyin$ the prior rmpj.~t which thus ordi~a,~sa undo~y a t~ fu~ bush of ~ ~ ~ on S ~hm m o~y ~ ~ City m~ ~Y S~ m ~ ~ ~m .... ~,~ ~ sn~S w~ f~ m~ ~ und~ ~ ~ ~ c~ ~ U ~ w~h they puffey ~ the ~lic.' 518 ~ 6 318 I i YOUNG v AMERICAN MINI THEATRES 427 US 50, 49 LEd 2d 310, 96 S Ct 2440 tation," rather than a regulation of sgeeth on the basis of its cOn~ent.'s Beemine of the importance of the decision, we [ranted certiorari, 423 US 911, 46 LEd 2d 139, 96 S Ct 214. As they did in the. District Court, respondents contend (i) that the or- dins~ces are so vaKue that they vio- tats the Due Precem Cinuas of the Fourteenth Anmendinenr4 (2) that they are inva~d under the First Amendment as prior restraints on protected cemmunication; and (3) that the classification of theaters on ~he bseis of the content of their ezhibitions violates ~he F~lual Pro- tsctioa Clam of the Fourteenth Amendment- We consider their ~r- guments in that order. I [~sl Them are two parts to raspon- dents' claim that the ordinances are too vque. They do not attack the spacificity of the definition of 'Speci- fied Sezual Activities" or "Specified Anatomical Areas." They arSue, however, that they ~nnot detern~ine how much of the described activity may be permissible before the exhi- bition is "characterized by an em- phasis" on such matter. In addition, they argue that the ordinances are vs~ue because ~ey do not sp~ify adequate procedures or standards for obtaining a waiver of the 1'000- font restriction. We find it unnecessary to consider the validity of either of these ar~u- 15. Heststed in pmr~ "I do not view the 10O0-foot pr~nsion as · teat P.a~wr. it is · rst~ation d the rqht to l~mto · businmm bread on the sida-~ffecte of its loca~m. The intormt in pre~ervin~ neigh- borhoods is not · subterh~e for censorship." ld.. at 1023. l& Both cempialnm allege that only sdalte are admitted to these theaters. Nortown premly alleges that it "desire te continue exhibiting adult-type motion picture tilmo ac ments in the abstract. For even if there may be some uncertainty about the effect of the [4~ US 591 other litigants, they are unquestion- ably applicable to these repondents. The record indicates that beth thea- ten propose to offer adult fare on a re2qdm' basis.s* Neither respondent has alleged any basis for claimin~ or anticipatin~ any waiver of the re- striction as applied to its theater. It is clear, therefore, tlmt any element of vqueness in these ordinances kss not affected these respondents. To the extent that their ckallenZe is predicated on inadequate notice sultin~ in a deni,d of procedural due process under the Fourteenth Amendment, it must be rejected. Parker v Levy, 417 US 733, 754-757, 41 LEd 2d 439, 94 S Ct ~47. [4l Because the ordimmcm affect ce~,munication protected by the First Amendment, rsepondents 2ue that they may raise the vque- hess Sue even though there is no uncerteinty about the impact of the ordinance on their own riZhte. On several octagons we have deter. mined that a defendant whose own speech was unprotected had stend- in2 to challenge the constitutionality of a statute which purporr~i to pro- hibit protec~:ed speech, or even speech ar~abiy protected" This ex- ception [4z~ US from traditional rules of said theater." Neither respondant has indi- cated any plan to eH~lhi~ pictures even Sr2u- ably outside the coverage Of the ordinance. 17. "Such claims of facill overbretdth here been entextained in cases invulwmu$ statuxm which, by their terms, es~k to rquiate 'ohiy spoken wordre,'" GaxllnZ v Wilson, 40~ US 518, 520, [31 [, Ed 2d 408, 92 S Ct 1103] 11972). See Cohen v California, 403 US 15. [29 LEd 2d 284, 91 S Ct 1780~ ~19~1); Street v New York, 394 US 576, (2~ LEd 2d 572, 89 S Ct 1354] (1969P. Brandenburg v Ohio. 395 US 319 f U.S. SUPREA4E COURT REPORTS 49LEd2d standing to raise constitutional sues has reflected the Court's judg- ment that the very existence of some stetuies may cause persons not be- fore the Court to refrain from engag- ing in constitutionally protected speech or expression. See Broadrick v Oklahoma, 413 US 601, 611-614, 37LEd2dSOO, 93SCt2908. The exception is justflied by the ov,rrid- ing importance of ~n_in~aining a tree and open mm'ket tot the interchange of ideas. Nevertheless, he the stat- ute's deterr,nt eff~ on legitimat* exprssion is not '~oth reed and sub- stantial," and he the statute is 'rsad- iiy sub~ct to a narrowing censtruc- tion by the stat* court&" s~ Ermoz- nik v City of Jaeimmvfile, 422 US 205, 216, 45 LEd 2d 125, 96 S Ct 2268, the litigant is not penni~t~i to asser~ the rights of third parti,s. We are not persuaded that the Detroit zoning ordinances will hays a signScant deterrent effs~ on the exhibition of films protected by the First Am. ndment. [4r/us As already noted, the only vaguenee in the ordinances relates to the mount of sexually explicit activity that my be per- trayed before the material can be said to be "characterized by an em- phasis" on such matter, For mce~ films the qus~ion answerable; to the extent that an area of doubt exits, we es. no rea- son why the oniinanc, s are not "r~s~lly subjec~ to a zmn. ow/ng con- struckion by the stat~ con." Sta~ there is surely a less vit~sl tat,rest in the ,mlnlnibit*d erhihition of ma~* rial tha~ is on the In~nisrlhm be- tween pornography and anist~ ex- pression than in the tion of idm of social and political significance, and sinco th. limit*d mount of uncertainty in the ordio nances is easily sus~ptibio of a rowing construction, we think this is an inappropriate c~so in whinh to adjtld/e~lJ~ the hypothstie~ el=ires of persons no~ before the Cour~ The only area d prot*c~sd cemmu- nication that may bs det,rrsd by 444,(23LF, a?,d4~0,89SCtlSiT, 48Ohio O~s 2d 320] (1969h Chaplinsky v New shim, 315 US ~68, [86 LEd 1031, Si S Ct 788] (1942), [n s~h c~aat it has been th. society in perml~./n~ some naprata, rod speech b~ity that protectod spsseh of oe,,%ers may be m~tod and p~e~vsd f~svsne~ t~t to fsstar o'sfly b~oed sf, guto~ Overbresdth sxJackl hs~ siso been alkassd whsm the Court t~oughc rights of ssoemtion were epsmrsd in $totll~ss Whj~, by thai" ~ $wee~ result in burdemn~ innocsnt ssseastiov~ Ke~ishism v Iksmt of Rspnm, 38~ US ~se, [17 L F,a ?,d 929, 67 S Ct 6?8] (l~47k, Uni~ Stat~svR~bsL~SeUS?,~8,[19LEd~d~06, 88 S Ct 419] (19~?k, Apthsksr v ~ of Ststo, 378 US ~ [IS LEd 2d 992, 84 S Ct 1659} (19~4k S]~t~a · Tucker, [364 US 479] 11960~ [5 LEd 2d 231. 91 S Ct 247], Fs~inJ ovm-breadth cinims rmv~ s~o been entar- tamsd where mltutos, by their toems, Gm~ v C~y ~ ~ ~ st 11~ v J~ ~ U~ at 617~19, ~1, ~, [19 L ~ ~ m. ~ 8 a el] (1~ ~ v ~*: 310 US ~ (~ L ~ 1~, ~ 8 ~ 7~] (1~ ~ w~ 71 S ~ 312] (1951); ~U v G~ B~k v O~m~ 413 US ~1, 61~13, ~L~,93S~. 32O .t YOUNG v AMERICAN MINI THEATRES 427US SO, 49L Ed2d310.96SC~2440 these ordinances comprises films con,slnin~ material fallin~ within the specific definitions of "Specified Sexual Activities" or "Specified Ana- tomical Areas." The fact that the First Amendment protects some, though not nec~umvily all, of that material from total suppression does no~ warrant the further conclusion that an ezhibitor's doubts as W whether a borderline film may be shown in his theater, as well as in theaters licensed for adult presenLs- tion~ involves the kind of thrut to the time m-Pket in Hess and expres- sion that justifies the exceptional approach to constitutional a~judica- tion reco~mizsi in casm like Dom- browski v Pfister, 380 US 479, 14 L [3b] The application of the ordi- nances to rupondents is plain; even ~f there is some area of uDceri'~inty about their app~cation in other situ- ations, we saree with the District; Court that rsapondents' due process argument must be rej~sd. II IS] Petitioners acknowledge that the 01~41nenl',~ prohibit theaters which are not licensed es "adult motion picture then~ers" from exhib- itln~ films which are prot~-'t~l by the Fir~ AmendmenL l~espondents argue that the ordi.=nem are there- fore inv~|Id as prior rimtraints on free speech. The or,41--ncm are not challenged on the ~round that they impose a !{mlt On the total number of adult theaters which may operate in the city of Detroit. There is no claim that di=L~ibutors or exhibitors of adult fihns are denied access to the market or, conversely, that the view- ing public is unable to satisfy its appetite for sexually explicit fare. Viewed as an entity, the market for this commodity is essentially unres- trained. [S] It is true. however, that adult films may only he exhibited c~mmer- cially in licen_,~_~_ theaters. But that is also true of all motion pictures. The city's general wni.~ laws re- quire all motion picture theaters te satis~ cerr, ain l~cstional as well as other requirements; we have no doubt that the municipality may control the location of theaters as well sa the location of other com- mercial establishments, either by confinl-g them to certain specified commercial zones or by requiring that they be dispersed throuZhout the city. The mere fsot timt the commercial exploitation of material protected by the First Amendment is subject to zoning sad other licensing requirements is not s sufficient rea- son for invniklsting these ordi- [Ts] puttin_a to one side for the moment tha fact that adult motion picture thentore must ear~sfy a l~cs- riohal restriction not applicable to other theaters, we are also per- suaded that the 1,000-foot restriction does not, in itsell', create an iraper. mlsmible restrai/lt on protected com- munication. The city°s interest in plsenln_a sad regulating the use of property for commercial purposes [4r; US clearly adequate to support that kind of restriction applicable to all thentore within the city limits. In short, apart from the fact that the ordinances treat adult theaters differently from other theaters and the fact that the classffication is predicated on the content of mate- rial shown in the respeaive thea- ters, the reZulation of the place 321 ,: L U.S. SUPREME COURT REPORTS 49LEd2d where such films may be exhibited does not offend the First Amend- menL" We turn, therofore, to the question whether the classification is consistent with the Equal Protection Clause. A remark atu'ibuted to Voltaire chal~c~eri_f~ our 9~_~IOUB adherence to the principle that the government may not ten the citizen what he my or my not say, Referring to a sq- gestion that the violent overthrow of tyranny mi_~ht be legitimate, he said: "I disapprove of what you say, but I will defend to the death your right ~o say it.''as The essence of that comment has been ropested time after time in our decisions invalidat- ing attempts by the government to impose selsctive controls upon the dissemination of ideas. Thus, the use of streets and parks /or the free expression of views on national a]fnlre my not be condi- tioned upon the soveroign's agree- meet with whet s speaker my tend to asy.' Nor may speech be curtailed because it [4r/US invites dispute, creates dissatisfaction with condi- tions the way they are, or even stirs people to anEer. zl The sovereiglfs agreement or disagreement with the content of what a speaker has to say is. [7'o] Rassnsabb ret~s,~-,s of the time, place. and msnner of pretsa~l speech, where those re~tions azw neeessar/to fur- chef siZni~csnC Ioveramental intorests, are permitted by the ~ SnL SSS, e. g., KovacsvCoope, 3,~USTT, 98LF, d513.69 S C~ 448, 10 ~ 608 tlimitation on uM s~und trueksh Cox v Louiaiana, 379 US 13 L Ecl 2d 487, 85 S Ct 476 (ban on demon- strations in or near · eourthotme w~th the intent to olnstruct jt~tiee~. Grayned v City of Rockford, 408 US 104. 33 L F,a 2d 222, 92 S may not affect the regulation of the time, place, or manner of p~esenfing the speech, If picketing in the vicinity of a school is to be nilowed m express the point of view of labor, that me~as of expression in that piece must be allowed for other points of view as well, As we said in Moeley: '~she centrat problem with cago's ordinance is that it scribes permissible picke~;-_= in terms of its subject matter. Pece- ful picketing on ths subject of a schoors labor-msrmgement dispute is permitted, but all other peacdul picketing is prohibited. The opera- tive distinction is the message on a picket sign. But, above all else, the First Amendment means that government has no power to re- strict expression because of its message, its ideas, its subject ter, or its content. Cohen v Cali/or- nin, 403 US 15, 24, [29 LEd 2d 284, 91 S Ct 1780} (1971); Street v New York, 394 US 576, [22 LEd 2d 572, 89 S Ct 1354] (1969); New York Times Co. v Sullivan, 375 US 254, 269-270, [11 LEd 2d 686, 84 S Ct 710, 95 ALR2d 1412] (1964), and cases cit~i; NAACP v Button, 371 US 415, 445, [9 LEd 2d 405, 83 S Ct 328] (1963); Wood v Geor- gia, 370 US 375, 388-.389, [8 LEd 2d 569, 82 S Ct 1364] (1962); Termi- 2294 (ban on willful ...d.i,,.., on csnt to · F, hooL of Iny nom~ which the i~,~ order of the school 10. S. TaHenty?w, The Frismls o[ Voltsirw 199 {1907), 2a, See Ha~e v CIO. 307 US 49~, 516, 83 L Ed 1423, 59 S Ct 9S4 (openion of R~bertt J.). 21. Terrniniel|o v Chicago, 337 US 1, 'k 93 L Ed 1131. 69 S Ct 894. t YOUNG v AMERICAN MINI THEATRE.5 42'/USSO. 49LF, A2d310.96SCt2440 nielio v Chicago, 337 US 1, 4, [93 L Ed 1131, 69 S Ct 894] (1949); De Jonge v Oregon, 299 US 353, 365, [81 LEd 278, 57 S Ct 255] (1937). To permit the continued building of our politics and culture, and to assure self-fulfillment for each in: dividual, our people are guaran- teed the right to expree any thought, free from Soyeminent ceeaorehip. The esence of this for- bi&ien censorship is content con- trel. Any restriction on expressive activity because of its content would completely undercut the 'prefo~d national commltBlent to the principle that debate on public issues should be unmhibitei, ro- bust, and wide-open.' New York Time Co. v Sullivan, supra, at 2~0. [11 LEd 2d 686, 84 S Ct 710, 95 ALR2d 1412]. "Necesea~ly, then, under the Equul Protection Clause, not to mention the First Amendment it- self, Sovernment may not ;rant the use of a forum to people whose views it finds acceptable, but deny use to these wishln_= to express less favored or more controversial vim. And it may not select which issues are worth discusmS or de- batin~ in public facilitise. There is an 'equulity of status m the field of ideas,' and Sovernment must afford all pointa of view an equul opportunity to be heard. Once a forum is opened. up to assembly or speakin~ by some Sroupe, Soveru- ment may not prohibit others from aseemblinS or Spe. ldn~ on the b~-!- of whet they intend to say. Selective exclusions from a public forum may not be based on content alone, and my not be justi~ed by reference to content alone." 408 US, at 95-96, 33 LEd 2d 212, 92 S Ct 2286. (Fcotnoto omitS.) This statement, and others to the same effect, read literally and with- out regard for the facts of the case in which it wee ,--,ie, would lutely preclude any re2uLation of expressive activity predicated in whole or in part on the content of the communication. But we learned Ion2 qo that broad statemenu of principle, no matTar how correct in the context in which they are are semetimse qualified by contrary decisions before the absolute limit of the stated principle is resched.= When we review this Court's actual adjudications in the First Amend- ment area, we find this to have been the case [twUSe] with the stated principle that there may be no restriction whatever on expressive activity be- cause of its content. The question whether speech is, or is not, protected by the First Amend- ment offan depends on the contont of the speech. Thus, the line between permi~mible advocacy and impormla- sible incitation to crime or violence depends, not merely on the settin~ in which the speech occurs, but also on exactly what the speaker had to say.= Simil"'ly, it is the content of the utterance that determines whether it is a protected epithet or an unpretectad "fiZbfln_= corn- ~2. See, e. 6., Ksstigsf v United States, 406 US 441. 454-455, 32 LEd 2d 212, 92 S Ct 1653; Unitsd Gas Co. v Continental Oil Co. 381 US 392, 404, 14 LEd lid 466, 85 S Ct 1517. 23, ~ ~nd v Floyd, 385 US 116, 13,~134, 17 LEd 2d 235, 87 S Ct 339; H~2 v Shaughnsy, 342 US 580. 592, 96 LEd 586, 72 S Ct 512; Msr v Ut-h, 333 US 95, 9~. 101.92LEdS~2.68SCt39'}'. 3~ memw U.S. SUPREME COURT REPORT~ 49LEd2d ment-''~4 And in time of war "the publication of the sailing dates of transports or the number and loca- tion of trools" may unquestionably be restrained, see Near v Minnesota, 283 US 697, 716, 75 LEd 1357, 51 S Ct 625, although publication of news stories with a diff~erent content would be protected. Even within the area of protected speech, a differenca in content my r~luire a different governmental sponse. In New York Times Co. v Sullivan, 376 US 254, 11 LEd 2d 686, 84 S Ct 710, 95 ALR2d 1412, we ~d that the Firs~ Amend- msnt place lhnitations on the Stans' power to enforce their libel laws. We held that a public official my not r~cover damages from a critic of his official conduct without proof of "malice" as specially defined in that opinion.z~ lmpficit in the opinion is the assumption that if the content of the newspaper a~icle had been different---chat is, i/its subj~'t matter had not b~n a publk: official ---a lesser standard of proof would have been adsquat2. [41q US In a series of lat=r cases, in which separar~ individua/views wen fr~ quently stat~l, the Court the broad problem of when the New York Times standard of mali~ wee required by the First Amendment, Despite a diversity of opinion on whether it was rmtuirst only in cass involving public f~nn-ss, or in p.=a. involving public itSUsa, and on whether the character of damages claim ~ a COmmOn thread which ran through all opinions was the assumption t~at the rule to be appfied depended on the contont of the ~Ommttni~atiolLs But that amumption did not contra- dict the underlying reason for the rule which is g~nerally daseribsd as a prohibition of regulation based on the content of prot4~md commBli lion, Th~ sasnco of that rule is the n~sd for ainsoluto neutrality by the govm'nment; its regulation of com- munication may not he affsetod sympathy or hostility for the point of view being ezprsasd by the com- muhicatorfl Thus, although [4~ US tent of a story must be e-*mhed to mtms.'ld.,at341,41LEd~i?89,948Ct ~d~F~v~ ~l~p~l,~ moft~fo~ p~ ~ ~ for ~ · o p~ p~ but ~ a~ W ~- f~m t~ neut~ity ~ ~, p~, ~ of s~h mus would me~ ~ ~n- t YOUNG v AMERICAN MINI THEATRES 427 US 50, 49 LEd 2d 310, 96 S Ct 2440 decide whether it involves a public figure or a public issue, the Court's application of the relevant rule may not depend on its favorable or unfa- vorable apprsissl of that fiSure or that issue. We have recently held that the First Amendment donis some pro- tectlon to commercial speech?* We have also made it clear, however, that the content of a partlc-lnr ad- vertisement may determine the ex- tent of its protection. A public rapid trsnsit sy~em my accept ~ome ad- vertisements and reject others?* A state statuto my permit hi2hway billboards to advertise bualn~sses lo- cated in the ne'~hborhood but not elsewhere,a and re~Latory commls- sions may prohibit b-alnessmen from making statements which, thou2h literally true, are petovti,!ly deceptive.=` The messtire of constitu- tional protection siderations of censorship. And this is precisely what Mr. Justice Black axgumt in ' 'But by spmcitmlly permitting picketing for the publication of 1,},~, tanson views. Louini- aria is a~mml~ng to pick and cho~ among strs~s. It is thus try~ w~st msl~Ps of public in~rm~ psipin it sl- in · m~s odious form . [13 LF.~t2d48T, 8~SCt4761,' Consurest Council, 42~ US 748, 48 LEd 2d 346, 96 B Ct 181V (May 21 Lek---- v City of Shsksr Heights. 418 US 2~e. 41 LEd2d TT0,94R Ct 2714 (product }seXed). N. Msrkhsm Advertisl,_- Co. v Sate. 73 Wash 2d 40~ 439 P2d 248 (1968). appssl dismissed for want of · substantial federsl qusstioa. 393 US 316. 21L Ed 2d 512. 89 S Ct 31. In National Lsbor Relations Board v [42? US to be afforded com- mercial speech will surely be gov- erned largely by the content of the communication.a: More directly in point are opinions deslin~ with the question whether the First Amendment prohibits the State and Federal Governments from wholly suppressing sexually oriented materials on the basis of their "obscene charaoter." In Gins- ber~ v New York, 390 US 629, 20 L Ed 2d ~95, 88 S Ct 1274, 44 Ohio Ops 2d 339, the Court upheld a con- viction for sel|in_~ to a minor ~o tines which were concededly not "obscene" if shown to adults. Indeed, the Members of the Court who would accord the ~reat- est protection to such mterials have repeatedly indicated that the State could prohibit the distribu- tion or exhibition of such mterials Ed 2d 547, 89 S Ct 1918, the Cotart upheld · federal statute which balanced an empinyer's free speech right to communicate with his employMs a2amst the employMs' rights to asmactate freely by providin2 that the exprM- sion of "'any view1, argxlment, or op~Lon'" shotlid not be "'evidence of an unfmir labor tams "'no tlu~t of reprisal or force or prmn- me Of benefit' ' which would involve mterfer- enct tetrarot or coercxon Of employees in the exercise of their fiaht to aelf~rimni-stion. The power of the Federal Trade statemsnm in inbeir and mt/te hss tonS been rec~nm~ Sst e. S.. js~a Co. vFrC, 327 US6OS.~O LEd888,66SCt 758; FTC v Natinnai Comm'n on ESS Nutri- tima. 517 F2d 48~ (CAT 1975):, F, F. Draw & Co. vFrC. Z35F2d735.740(CA219~6). 32. As Mr. justics Stm,srt poinmi out in Vir~ma Pharmacy Beard v Virsmm Con- surest Council ths 'd~srencm betwen com- ms~'inl pncs and product advsr,mm_- ... and ideoio2acal cmumumcatima" perurite refu- latinn of the former that the First Aresrai- ment would not toleram with rmspect to the latter, supra, at 779 (concurnn2 opminnL 325 ms ms U,S. SUPEEME COURT REPORTS 49LEd2d to juveniles and unconsenting adults.= Surely the Firs~ Amend- men~ does [4v US 7ol not foreclose such a prohi- bition; yet it is equsJly clear that any such prohibition must rest squarely on an appraisal of the con- ~ent of material otherwise within a constitutionally prol~-t4~ wua. Such a line may be drawn on the basis of content without violstls_~ the govsrnmant's paramount obliga- tion of nentndity in its reguhtion of prot4~--tst commuaip~ution, For the regulation of the places where ssx- unl)y explicit films may be exhibited is uns~ectsl by whatever social, po- litical, or philosophical momto,~e a film may be intended in commul~i- cate; whether a motion picture ridi- cules or chanlc~rizes one point of view or another, the effect of the ordinances is exactly the ssms. Moreover, even though we recog- nize that the First Amendment will not tolerate the total suppaes~__ion of erotic materials that have some ar- guabiy artistic value, it is manifest that sociep/s intersot in protectinf this type of expresion is of a wholly different, and lesser, magnitude tlan the interest in untrammeled politi- cal debate that inspired Voltalre's immortal comment. Whether politi- cal oratory or philosophical discus- sion moves us to apphmd or te de- spise what is said, every schoolchild can understand why our duty to defend the right to speak remain, the same. But few of us would march Our SOns and daughters off in war to preserve the cjt;_--__-_'s right te hibited in the thanms of our choke. Even though the Fint Amendment pl~,,e~l communical~oll in this m'e$ from total suppreston, we hold that the State may leSit~mately ass the content of these materials es the for placing them in a di~srent clssslscation from other motion pic- The remsining question is whether the lina drawn by these ordln.q. Cee is jU~tllh~d by the ciLy~e interest in preservin~ the c~ of its neighborhomb. On this ques- tion we agree with the vim ex- prossod by District Judges Kennedy and Gubow. The record djscl,-,~_ a faL~-el baeis for the C,~mmon C.~un- cll's conclusion that this kind of re- strict, ion will hays the desired erect?4 It is not our function to ap- 33, In Pans Adult Theam | v Siston, 413 US49.?3,37LF~I2d44~,~3SCt28~,Mr. justice Brennsn, m · dimant joined by justice Sts~sn and Mr. Juraice MarshilL ex]Mained hie app~sah Ca the ~late~t pruls- lem of obeesnity under the Firg Amendment: "f would hold. thsrst~m~ the st lees in the mv~ ~pmsm~ t~ ~ass~ti~ adult. ths Fire and Frommath ~ts pmhih't the Smts and Fsdsmi C~vsmmmsm from tempting whul]y SO mspF~SS m~al]y orimttsd s~ene' consosa Ns~is~ in this approach p~- cludes thins gv~lmsnm f~om t,ki.~_~ ~tion mservewhstmaybestmp4andla~.imaze ~rlt/~fe~M thfOU~ re~a~io~ o/the pssnnq~ Of distribution of sextrebly orient4~l mssoriaL' Id..stl13,37LEd2d44~.gSSCt2828. 326 34, The City Coune~'s de~,minstion wss ~ a concentrs~iun of "adult" movte ties- ts~s ~suass the srss so detm,inso and be- ~omss f{x~ls ofcl~ne, efeetswhich srsno~ ~ ~ a~mp~ ~ av~L u~t ths truat, in Ernmnaik vCity ofJscimonvifie, 422 US20~,4S LFA2d I~96SCt__'~sa. tha iiy on the city's mlmst in ~ its citizens from exposure to unwanted, "offensive" siscab. The only ssconds~ effs~s relied on to suppol~ that on~mm~ was the impsc~ on trs~c---an e~ets which zznght be cnussd by · distractm~ open-sir znm~ even if it did not exhibit nudity. YOUNG v A!~IERICAN MINI TI-IEA~ 42'/US 50. 49 LEd 2d 310. ~ S ~ 2~ prame the w~iom of its decision to require adult theators to be sepa- rated rather than .concentFated in the e. me areas. In either event, the city's interest in attompting to pre- serve the qu~llty of urban life is one that must be accorded hiSh respect. Moreover, the city must be allowed a ressonable opportunity to experi- ment with solutions to admittedly serious problem. Since whet is ultimately at stake is nothln~ more thali a Hm~tation on the piece where adult films may be --hlhited,a even though the determi- nation of whether a [42x US ~] particular fits that characterization turns on the natur~ of its content, we con- clude that the city's interest in the present and future character of its neighborhoods adequately supports its classffication of motion pictures. We hold thet the zonin~ ordillallceS requirin~ thet adult [4~ US motion picture theaters not be located within 1,000 feet of two other reSulated uses does not violate the Equal Protection Clause of the Fourteenth Axnend- ment. The juclSment of the Court of Ap- peals is reversed. SEPARATE OPINION8 Mr.j~ti~ Powe~ concurring. Although I ague with much of whet is said in the plurality opinion, 3~ The mittration would I~ quire dissent if P~Y ~ n ~ h~ s~. fo~d ~t "[t~e ~m do n~ d~ t~ o~ of ~ ~en~ but O~y It ~ ~ ~ n~ ~ ~ d~o~ w~ ~ ~ emp~ on s~ ju~ bm ~ ~ ~nmx~ o~ ~mv~ p~u~ of a ~s but~ ~e nu~ ~y d w~eh n~ty ~ in~eno~. ~e and concur in Parts I and II, my approach to the resolution of this case is su/Bciently different to prompt me to write separatelyJ I openHal of an art exhibit ms well ss shots of · bathers on a beach. Clesriy stl nudity cannot be dsmasi ohm:erie even as m mmor~ Gind~rg v N~w York, su~rt Nor ~an such a br~d rssmetion h~ j~ by any govsrnmtnta~ intermit pmrtsinini m minors. S~h flint is nsithsr obscene as to youths nor subject to sore other iel~,~-~ pr(M~-lp- youni from ideas or tmsies that · l~islativs body thl,k, unsmtsblm for them." 422 US. st 213-214.45LEd2dt25.958Ct2268. ths ~ owii,,,~ sinSlad cut movas LEd2d125.958Ct2268. The CAmrt*s opinion m Er~ prmsmlmd our holdin~ today by nothal that the pns- sumptima of stltutory validity **has bsmm forera when · clasmi~cation turns on the subject matter of expression.*' lcL, at 215. 45 LEd 2d 125. 95 S Ct 226& RMIsmdsnU' potation is j~ct matter is slsolutaiy prohibltmcL 1. I do not think we need reich. nor axn inclined to agree with. the hotdin~ m Part [1I 327 U,S. SUPREME COURT REPORTS 49LEd2d view the case as presenting an exo ample of innovative land-use regula- tion, imp/icating First Amendment concerns only incidenta//y and W a limiLod extent. I One-hal/century ago this Court broadly sustained the power of local municipalities to utilize the then rel- atively novel concelX of land-use reg- ulation in order to meet etrectively the increasing encroachmeats of ur- banizetier upon the qusllty of life of their citi~ns. Euclid v Arebier Realty Co. 272 US 365, 71 LEd 303, 47 S Ct 114, 54 ALR 1016 (1926). The Court there noted the very prac- tical consideration un6eriying the necessity for such power. "C~ith the gnat increm and concentration of population, problems have devel- oped, and constantly are developing, which require, and will continue to require, additional restrictions in spect of the use and occupation of private lands in urban communi- ties." Id., at 386387, 71 LEd 303, 47 S Ct 114, 54 ALR 1016. The Court laid out the general boundaries within which the za,~n power may operate: Rsm;rictions upon the free use of private land mast flnd their jastifications in "some aspec~ of the police power, asserted for the public welfare"; the legitimacy of any particu!a- restric- tion mast be judged with reference to all of the surrounding circum- sumces and conditions; and the legis- lative judgment is to control in cases in which the validity of a particular zoning regulation is "fairly data- ble." Id., at 387, 388, 71 LEd303,47 S Ct 114, 54 ALR 1016. under First Amendment principle from other forms of pn~ed e~msion, I do no~ con- sider the conclumion~ Lea Pa~ I of the opinion In the intervenmg years zomn~ has become an accepled necemity in our increasingly urbanized sccietT, and the types of zonm~ restrictions have taken on forms far more cem- plex and innovative than the ordi- naace involved in Euclid. h Village of Belle Terre v Borax, 416 US 1, 39 LEd 2d 797, 94 S Ct 1536 (1974), we considered an unasual regulation en- acted by a small Long Is/end cam- mumty in an apparent effort to avoid some of the unpleuaatnass of urban living. It resuicmt land use within the village to single-family dwellingz and draftned "fatalliP' in such a way that no more than ~ unrelatst persons could i~hai~it the same house. We upheld this ordi- nance, noting that desires to avoid congestion and nois~ from both pea- pie and vehicles were "legitimate guidelines in a land-use prejs.,t ed- dnssed to family needs" and that it wu quite within the villsSs's power to "make the area a ssnctuar~ for people," Id., at 9, 39 LEd 2d 797, 94 SCt 1536. II Againat this background of prece- dent, it is clear beyond question that the Detroit Common Council broad regt~atory power to deal with the problem that prompted enstt- ment of the Anti-Skid Row 0rdi- nanco. As the Court norms, ante, at 54 and n 6, 49 L F~l 2d 316, the Coun~fi wu motivated by its perce~- concontrated, worked a 'deleterioas etFec~ upon the [4~ r~s adjacent areas" and could "contribute to the bfiZhtln,~ or downKradinZ of the surround- to depend on distinctions between pratec~ speech. q= YOUNG v AMERICAN MINI THEATRF_~ 4~TUS~0,49LEd2d310,96SCt2440 Lug neighborhood." The purpeee of preventing the deterioration of como inertial neighborhoods wss certainly within the concept of the public wel- fare that defines the limits of the police power. See Bep~=n v Parker, 348 US 26, 32-33, 99 LEd 27, 75 S Ct 99 (1954). Respondents apparently concede the legitimacy of the ordi- nance as passed in 1962, but chal- lenge the amendments 10 years later that brought within its provim'oas adult theaters as well as adult book- stores and "topless" cabarets. These amendments resulted d~rec~ly from the Common Councfi's determjna- tlon that the recent prol~reration of these establishments and their tend- ency to cluster in certain parts the city would have the adverse ef- fect upon the surroun~in~ areas that the ordinance was nimed at prevent- inS. Respondents' attack on the mended ordln~nce, insofar as it af- fects them, can be stated simply. Contendin2 that it is the "character of the r~ht, not of the limitation," which Soverns the stendard of judi- cial review, see TholBa2 v 323 US 516, 530, 89 LEd 430, 65 S Ct 315 (1945), and that ZOnin_~ re~uo latioas therefore have no mlismanic immu/lity from constitutional lenZe, d. New York Times Co. v Sullivan, 376 US 254, 269, 11 LEd 2d 686, 84 S Ct 710, 95 ALR2d 1412 (1964), they argue that the 1972 amendments abridge First Amend- ment rights by restrictinS the places at which an adult theater may loc- ate on the basis of nothln_~ more substontial than unproved fears end apprehensions about the effects of such a b,,eln~ss upon the surround- in2 ares. Cf., e. Z., Terminiello v Chicsgo, 337 US 1, 93 LEd 1131, 69 S Ct 894 (1949); Cox v Louisiana, 379 US 536, 13 LEd 2d 471, 85 S Ct 453 (1965). And, even if Detroit's interest in preventing the deterioration of busines~ areas is sufficient to justify the impact upon freedom of expres- sion, the ordinance is nevertheless invalid because it impermiaeibly [4s~ us 7el cr~minat~s between types of theaters solely on the basis of their content. See Police Department of Chicago v Mesley, 408 US 92, 33 LEd 2d 212, 92 S Ct 2286 (1972). I reject respondents' arSuhent for the following reasons. KI ~ is the tint c~e in this Court in which the interests in free expres- sion protected by the First and Four- teenth Amendments have been im- plicatst by a municipality's commer- cis] zon~n~ ordinances. Respondente would have us mechanically apply the doctrines developed in other con- texts. But this situation is not gous to cases involvin2 expression in public forums or to these involving individual expression or, indeed, to any other prior case. The unique situation present~i by this orcti- often do, for a careful inquiry into the cempet~ng concerns of the -qteate and the interests protected by the ~uarantee of free expression. Because a substantial burden rests upon the State when it would limit in any way First Amendment riZhts, it is necessary to identify with spe- cificity the nature of the infringe- ment in each case. The primary con- cern of the free speech Zuarantee is that there be full opportunity for expression in all of its varied forms to convey a desired message. Vital to this concern is the corollary that e U.S. SUPREME COURT REPORTS 49LEd2d there be full opportunity for every- one to receive the message. Se~, e. g., Whimsy v California, 274 US 357, 377, 71 LEd 1095, 47 S Ct 641 (1927) (Brandeis, J., concurnng); Cohen v C_~ali~ornia, 403 US 15, 24, 29 LEd 2d 284, 91 S Ct 1780 (1971); Procu- nier v Martinez, 416 US 396, 408- 409,40LEd2d224,94SCtle00, 71 Ohio Ops 2d 139 (1974); Klein- dienat v Mendel, 408 US 753, 782- 765, 33 LEd 2d 683, 92 S Ct 2576 (1972); Virg/nia Pharmacy Board v Virginia Col~Umer Coun~l, 425 US 748, 763-765, 48 LEd 2d 346, 96 Ct 1817 (1976). Motion pietuns, the msdiv-m of expnmsion involved are fully within the proration of the First Amendmen[ Jceeph Burstyn, Inc. v Wilson, 343 US 495, 501-503, 96 LEd 1098, 72 S Ct 777 (1952). In the quartor century sinc~ Buretyn motion pietures and an analogous medium, printed books, have b,mn beforo this Court on many occasions, and the person assortlag a First Amendment claim often has bo~n a theater owner or a hookMiter. Our CaMS reveal, how- ever, that the central concern of the First Amendment in this aces is that there be a fre~ flow from ator to audience of whatover mes- 5ag~ a 61m or · book might convey. Mr. Justice Douglas stated the core idea succinctl~ "In this Nation ev- ery writor, actor, or producer, no matter what medium of expression he may use, should be fred from the cellsor," Superior Films v partmerit Of Education. 346 US 589, 98 LEd 329, 74 S Ct 286, 52 Ohio Ops 433, 67 Ohio L Abe 289 (1954) (concurring opinion). In instances, for example with respect to certain criminal statut~ or cen- sorship or licensing schemes, it is only the thcator owner or the book- seller who can pretect this interesU But the central First Amendment concern remains the need to mam- ~ free access of the public to the expression. See, e. 8., Kini~ley Books, Inc. v Brown, 354 US 436, 442, 1 LEd 2d 1469, 77 S Ct 1325, 14 Ohio OVa 2d 471 (1957); Smith v California, 361 US 147, 150, 153-154, 4LEd2d205,50SCt215,14Ohio 0ps 2d 459 (1959), Interstate Circuit v Dallas, 390 US 676, 683~84, 20 L Ed 2d 225, 88 S Ct 1298 (1968); compare Marcus v Search Warrant, 367 US 717, 736, 6 LEd 2d 1127, 81 S Ct 1708 (1961), and A Quantity of Bookay Kansas, 378 US 206, 213, 12 LEd 2d 809, 84 S Ct 1723 (1964), with Heller v New York, 413 US 483, 491-492, 37 LEd 2d 745, 93 S Ct 2789 (1973); and d. Bantam Books Inc. v Sullivan, 372 US 7071, 9 LEd 2d 584, 23 S Ct 531 (1963). In this case, there is no indication that the application of the Anti-Skid Row Ordinance to adult thsatere has the effec~ of suppressing product~n of or, to any significant deStee, re- strieting access to adult movie Nor- town cencedsdly will not be able to exhibit adult movies at its present location, and the ordinance limits the potential location of the pro- pceed Pussy Cat. The constraints of the ordinance with rcepmet to locao tion r/lay hldeed create ecoxlomie for some who are en2s2ed in this business. But in this respect they are affected no differently from any other cemm,~rcial enterprise that surfere economic detriment as a re- sult of land-use re~tlation. The cases are leftion that sustained zonin~ against C)nlrne of serious economic damage. See, e. Z-, Zahn v B~ard of Public Works, 274 US 323, 71 L 1074, 47 S Ct 594 (1927). The inquiry for First Amendment YOUNG v AI4ERIC.M~ MLN'I THEATRF_.~ 427USSO. 49 LEd2d310,96SCt2440 pux.-pos,es is not concerned with eco- nomk impact; rather, it looks only to the effect of this ordinsnce upon freedom of expression. This prompts essentially two inquiries: (i) Does the ordinance impose any content limi- tation on the creators of adult mov- ie or their ability to mske them available to whom they desire, and (il) does it restrict in any way the x~iewin2 of these movies by thcee who desire to see them? On the record in this case, these inquir- ice must he -n~wered in the neWa- tire. At most the impact of the ~rdi- nance on these interests is inciden- tal alld mlnlm~] s Detroit has si- lenced no messsZe, has invoked no censorship, axld has impoeed no |iml- tation upon those who wish to view only to the places at which this type of [4sv us ~sl expression my be presented, a restriction that does not interfere with content, Nor is there any si2- nilkant overall cur~nilment of adult movie presentations, or the opportu- nity for a messsZe to reach an audi- ence. On the basis of the District Cour~'s findinS, ante, at 71-72, n 49 LEd 2d 327, it appears that if a sufficient market exjste to support them the number of adult movie theaters in Detroit will remain ap- proximately the same, free to purvey the same message. To be sure some prospective patrons may he incenve- hieneed by this dispenmLs But other patrons, deponding upon where they live or work, may find it more conve- nient to view an adult movie when adult theaters are not cenrentrat~d in a psrticular section of the city. In thess cir~m~t~nces, it is appro- priate to sns!y'ze the permimibility of Detroit's action under the four- part test of United States v O'Brien, 391 US 367, 377, 20 LEd 2d 672, 88 S Ct 1678 (1968). Under that test, a governmental re,relation is suffi- ciently justified, despite its inciden- tal impact upon First Amendment intorests, "if it is within the consti- tutional power of the Government; if it ~xrthers an important or substan- tiul governmental interest; if the governmental interest is unrelated to the suppression of free [4sv us expression; and if the incidental restriction on ... First Amendment freedoms is no 2reater than is essential to the furtherance of that interest." Ibid. The factual distinctions between a 2. The commumcatioa involved here is not a ~dnd in which the contont or effectiveness d the me depends in some ruessure upon whm or how it is coavsy~L C[. Cox · Lo~m~ an~379US SSt13LEd~i471, a~SCt4~ (196~);, Br~va v Lou~i--- 383 US 131, 15 L Ed 2d 63~, 86 S Ct 7t9 (19~6P, Police Dept. of Chics~vMosl~,4CeUS92,9-~,33LEd2d 212, 92 8 Ct 2288 (197'~. Thorsisnos~gJeotiontbattheNortownis, more ~ · commercial purve~r. The,/do the o~ly ~'~mmuair4ti~fi involved is that con- telned in the movie thentse|ve~ Ci'. Umtsi Staxs v O'Brien. 391 US 367, 376, 20 LEd 2d 672, 88 S Ct 1673 (19~8):, Spencev WsshLng- ton, 418 US 40~. 4119-411, 41 LEd 2d 842, 94 S Ct 2~2~ (1974). 3. The burden, it chinaid be noted, is no di/reren~ from that impreed ordi~--,ss tlmt rstrict m amnnercml zones of a city movie theftors geuetnlly so well u other types of bm ~__c. lar~i..~_. safSy. or nora problemx ~ · half century of p,.....i..g Usnlfional heliovo this Court would invalida*- such an ov41.~ a vioinfivo of th~ Fi~t Amond- menL The only cliffsfence b~wsen such an the reasons for re~atm~ the location ad~lt theamrx The spec~ public intotort substanu~l so the intorein tlmt support the tert like other comrnercud esmbl~unen~s, lon~ have been subjea. 331 ,r Isms U.S. SUPREME COURT REPORTS 49LEd~I prosecution for destruction of a Se- lective Service registration certifi- cate, as in O'Brien, and this case are substantial, but the essential weigh- ing and balancing of competing in- ter~s~ are the same, Cf, Procunler v Martinez, 416 US, at 409-412, 40 L Ed 2d 224, 94 S Ct 1800, 71 Ohio Ops 2d 139. There is, as no~ed earlier, no ques- tion that the ordinance was rotbin the power of the Detroit Common Council to enact. See Berman v Par- ker, 348 US, at 32, 99 LEd 27, 75 S Ct 98. Nor is there doubt that the interests furthered by this ordinanco are both important and substantial. Without stable neighborhoods, both residential and commercial, large sections of a modern city quickly can deteriorate into an urban jungle with tragic consequences to social. environmental. and economic valuas. While I agree with respondents that no aspect of the police power enjoys immunity from searching constitu- tional scrutiny, it also is undeniable that zoning, when used to preserve 4. Rsspondsnto attack thm natutm d the evidenm upsa which ~ ~n ~ l~msn~ u~r ~s ~, ~ w~ ~ sub~ ~ ~ ~ ~ m m~, on ~ ~ d ~Y t~t ~ ~ con~nCm~ d ~ch ~S~ ~* ~nU i~ ~t a m~ ~ d ~ ~Je ~ bb ~t mim ~ ~- b~M. M a W~, ~ at 75, 49 L fo~d iu~nt ~ p~o~ ~ m j~ sc~ fm e~ But ~ ih ~x nd Temintefio, u~ w~ch rs~8nM the character of specific areas of a city, is perhaps "the m~lt emmltlaJ function performed by locsJ govern- ment, for it is one of the pr~ma~y means by which we protect that sometimes di~Rcu~t to de6ne concept of quality of li/e." Vilh~ of Belle Terre v Borm, 416 US, at 13, 39 L Ed 2d 797, 94 S Ct ].536 (ldarshali, J., dismntma). The third and four?~ tests of O'Brien also are me~ on this record. It is clear both from the chronology and from the facts that Detroit has not embarked on an ~ffort to sup press free expremion. The was alrosty in existancs, and its purposes clearly est out, for a decade before adult er. abiishn~nU were brouSht under it. When this o~curred, it is clear-indeed it is not seriously challen2ed--that thm 2ov- ernmental interest pcomptin~ the inclusion in the ordinanco of adult establishments was wholly unrelet~i to any suppression or [4r; US sion.4 ~or is theTe resson to question invelvsd individuals dssirin[ ~ ezla'tte ~ owrs m~ssps rather than S ehibt~ individual o~ · S, nmp of iadivtdmLIs is si- spmchbsrr, ified. Inthecmstoxtofmovmmaud beoks. the morn ap~ ..=lq~, ~e Coz o~ Terml- nililo would be ths ~mlors~p easml. ~n which 8 State or · mtlni~pldit? attols311Xili to sup- pm copram Of particular .~ka. ~r the ~ But · mmuff ar, i~--~,,'s that rashly spsci~s rmtucs sifni~afftiy th, ~umi~r or mammbfi- k~J' of gr, heatarl panthi( pm/q:ict~sr h Moraov. r. the Cornram C.-m~J di~ no~ prmset ci~L~r.s apU~ the ~¢e~ d 8tul~ mov~mm~ If that had bema ito pm.pess, or ths casm might be artsriotous to th4Me ei~d by Mr. Justiota Stewart's diss~r~ po~ at 85, 49 LEd m t k YOUNG v AMERICAN MINI THEATRF_~ 427USSO, 49LEd2d310,96SCt2440 that the degree of incidental en- croachment upon such expression Wee the m~nim~iln II~emry tO fur* ther the purpose [4~Z US 831 of the ordinance. The evidence preented to the Com- mon Council indicated that the ur- ban deterioration was threatened, not by the concentration of ~]/movie theaters with other 're2ulated uses," but only by a concentration of these that elected to specialize in adult movies* The case would pres- ent a di/Fecent situation had Detroit hrou2ht within the ordj---~- types of theten that had not been shown to contribute to the deterioration of [4~ U8 M] HI The dissentinS opinions perceive pficable. See O~cien, 391 UR, at 382, 20 LEd M 6~. 8S S Ct 1673; S;ence v ~12U~,at414n S. 41 LEd2d842,94SCt 75 LEd 1117, 51 S Ct 532, 73 ALR 1454 (1931). But the Common Council simply acted ax~s~itscityela~theeffectso~apx~- d~able intotacti~ between a ;Mepleintheeree. lfithadbeemcexcened ~,krmxrUm~bemmeqepuD~mdbY adult theaters, it wo~d haw u, ied to cites ,.~m or r~smct the number rather than ~x-r~ethcircho~estolocat~- aten'hounofopefatienortheirextorie clusterb~ with other "x~lttatet usa" M~t fx~n the ciusteix~ itself rather ***-- the ol~eal c~ of ixu~vidual celmf]on w its l,O00-foot twmtx~,~'tion m appr~- prmtecssexSeeant~atMn7. & In my view Mr. Justice Stowart's dlseent ~.i~Wm ~he imum in ~ c~ b~ support for their p~ition in Erznoz- nik v City of Jacksonville, 422 US 205:45 LEd 2d 125, 95 S Ct 2268 (1975). I believe this perception is a clouded one. The jacksonville and Detroit ordinances are qmte laf, and our analysis of the infirmi- tieS of the former is inapplicable to the latter. In Erznenik an ordi- nance purpor,i~,= to prevent a nui- unqe, not a cemprahensive zon- in~ ordinance, prohibited the show- ins of Films con,~i-;-_= nudity by drive-in theten when the eeraens were vialhie from a public at or place. The governmental interests advanced as justifTin2 the ordinance were three: (i) to protect citizens ~rom unv~lli,_= expmure to !x~aibly offensive materials; (il) to pro- tea children from such mter~ls; and (ifi) to prevent the slowing of pamin~ tratfic and ,the fikelihoed in2 tha~ i~ involves an impermimibb content of exNmmo~ It involve hashing of thekimlWehaveheemereiysdecisiexby the city to treat certain mo~e entiy because they hsve marke~y di~et~nt amtont of one tTWofmew, it is pmsibie that the resuit woubi be suppeted by a line ofceesrec~2mzin~tlmtthe2overnmentesa tailor it~ reection to dj~erent tyl~s of speech accotdin2tothedeSreetowhichitasWciai and owrr,ai-~_ mtom m implica~d e.2.~inkorvDosMcinm~Dist~tY5 ~,5~-.~ll.~ILEdg~4731.8~-~C~733,49 OhioOXa2d999(19~9~.PrecumefvManine~ 416 US 3~. 413-414, 40 LEd ~d ~4. ~4 R Ct 1800. 71 Oh~ Olin ~d 139 (19~4~. 6xusf v 2d 7~6. 93 R Ct ~80 (1973). It is S~ustoPoliceDeptofCh~ca~vMmiey,~ USg~.~3LEd~d~12.9~SCt~(19~l, in wh~h no j~21"1~II2~3al in~ jt~If~4 ® distinction I~etween the ~ypm of mmaa2us perre:rind in the public forum the~ invot~e~. i U.S. SUPREME COURT REPORTS 49LEd2d of resuitin~ accidents. We found the Jaeksonv~le ordinance on ir~ face either overbroad or underinclusive with respect to each of theme esrtsd pttrpmm, As to the first pur- txme, the ordinance was overbroad beesuse it prescribed the showin~ of any nudity, however .innocent or ed- ucational. Moreover, potential view- en who deemed partieuhr nudity be offensive were noz captives; they had only to look elMwhere. Id., at 210=212, 4~ LEd 2d 125, 95 S Ct 2268; see Cohen v C~..Fornm, 40a US, aE 21, 29 LEd 2d 284, 91 S Ct 1780. As to m~norl the Jaekaonvitle ordinance was overbroad becatme it "might prohibit newm~ seen-, of the opening of an nr~ exhibit as well as shots of bathers on a beach." 42~ US, at 213, 45 LEd 2d 125, 95 S Ct 2268. F~nn"y, the ordinance wss not rationally tailored to support its setted purpose as a traf~c regula- tion. By proecribin2 "even the mast fieetin~ and innocent Slim.me of nuo dity," it was strikinltly underinclu~ sire--omitting 'a wide variet7 (4r~t;ss4] d other scenes in the customary screen d~et · . . [that] would be [no] less distraot- ink to thin passin~ motorist J* Id, at 214-215, 45 LEd 2d 125, 95 S Ct 22~. In sum, the ordinance in Erzncz- nik was a misconceived attempt rectly to regulate content of expres- sion. The Detroit zoning ordinance, in contrasr~ affectz expression only inciden~lly and in furtherance of governmenta/int~res~ wholly unn- lated to the regulation of expressson. At least as applied to respondentX it does not offend the First Amend- menL AlthouJh courts must be alert to the p0ssibfiity of direct rather expression, and especially to the poe- a pretext for supprossm2 expremoe, it is clear that this is no~ such a case. Mr. Justice Stewart, with whom Mr. Justice Bzw--nnan, Mr. Justice Marshall, and Mr. Justice Black- mun join, dissenting. The Court today holds tha~ the Finst and Four~enth Amendments do not preven[ the city of Detn~t from ~ a sys~m of prior re- sf~aints and criminal annaions to enforce content-based restrictions on the ge~raphic location of motion picture thesters that exhibit nonob- scene but senally oriented ~ I dissent from this drastic departure from established principles of First Amendman~: law. This case does not involve a sire- pie zonin~ ordinance,' or a content- netitr~ ti~e, place, and manner re- striction? or a regulation of obscene 416 US I. 39L Ed 2d which upheld a stxicted no substan~ve r~bt rmlrsntaed by ~heCanstitutioe. 2. Hes~esin PofieeDept. dC~mlov MasI~,4~USS'2,°-qLEd-~d212,928C~ 422 US206,4~Lgd~i l~,9~iCt?9~a, the Sta~ spsseh with · parr~.uJar mowe tbss2s which must comply wRh Onii- nancss No, 742~G and No. 743-G. but only 334 esom "used for ptmssnl~Z mata,~l ~ S ~ ~ (cim~on ~). ~o~. ~ US 1~, 115, S~. YOUNG v AMERICAN MINI THEATRES 42TUSSO, 49LEd2d310,96SCt2440 exprsmion or other speech that is entitled to less than the full protec- tion of the First Amendment.~ The kind of expression at issue hero is no doubt objectionable to some, but that fact does not ~l;mlnl,h its protected etAtill ally moro thnn ~tjd the partic- ulu content of the "offensive" ez- prmaion in Fa-znc~i~ v City of Jack- sonville, 499 US 20~, 45 LEd 2d 123, 95 S Ct 2268 (display of nudity on a drivw-in movie screen);, Lewis v City of New Orls*-*~ 415 US 130, 39 L Ed 2d 214, 94 S Ct 970 (uttorance of vulgar epithet);, Hess v Inai*-*: 414 US10~,38LEd2d303,94SCt326 (uttmance of vulaar roms,k); Papish v University of Missouri Curatom 410 US 667, 3~ LEd 2d 618, 93 S Ct 1197 (indecent roms-ks in campus newspaper); Cohen v Calffornia, 403 US 15, 29 LEd 2d 284, 91 S Ct 1780 (wearinS of clo,-ki-_- inscribed with a vul6ar r~ms-k);, Brandenbur~ v Ohio, 395 US ~.~.~., 23 LEd 2d 430, 89 S Ct 18Z7, 48 Ohio Ops 2d 320 (u~ce of racial slurs); or IGn_sm- ley Pictures Corp. v Re~ents, 360 US 684, 3 LEd 2d 1512, 79 S Ct 1362 (allurin~ portrayal of minitory as proper behavior). What this case does involve is the constitutional permissibility of eslec- tive interferonce with protected speech whose content is thought to produce distssteful effects. It is ele- mentary that a prime function of the First AJnendznent is to a~t just such interferonce., By refuaing to invalidate Detroit's ordi- nance the Court rides roughshod over caniinnl principles of First Amendment law, which require that tinie, place, 8.ud manner rentions that a~ect protected exprm,alnn be content neutral except in the limltz~d context of a captive or juvenile audi- ence.~ In place of thereto principles the Court invokes a concept whotly alien to the First Amend~lmtlt. Since "fev~ of us woliki mm~ch otif and dau~htero off to war to preserve the eitizen's right to see 'Specified Sexart Activities' e-~hited in the theaters of our choice," ante, at 49 LEd 2d 326, the Court impties that theme film arw not entitled to the full protection of the Constitu- tion. ~ stands '*Voitnire's mortal comment*** ibid., on its head. For if the guarantees of the First Amendment wero reserved for expression that moro than a **few of us" wonid take up arms to defend, then the right of free exprenion would be defined and cir- Cxamsg~ribed by ClJrrent pOpulMP opinion. The guarantoea of the Bill of Rights wero designed to protect a~ainmt precisely such majoritarian sutured t~ be fully In~scXsd by the Fsrn AmmmdsnenL ~18 ~ a~ 1014, 1010. 4. Stt, e4., TetmslmimlJo v ChiCago, 33'7 US 1,4-~93LEd113L69'SC~894. 5. See, q., HudSmns · NLK~ supra, 47 L Ed2d196,96SCt1029;,ErznonUkvCii;yof Jacksonville, suprs, 45 LEd 2d 125, 95 S Ct _~_---~_: Potice DepL of ChicaSo v Malay, supra, 33 LEd2d212.92S ct22~6. This eMedoes not inv~lvs statm re~tion n&,,,,ly ,imsi at prr~ntm~ object~o-ab|~ commmUcaT~m fro~ betll~ ~ upo~ ID tlliw41lin_~ alidi- supra, at 209, 4~L Ed id lg-~,96SCt2268. Contrast Lekmma v City of Shaker Hai~htm, 418 US 298, 41 LEd 2d 770, 94 S Ct 2T14: l~wan vPoat O~cm Dept. 39? US TZB, 25 L Ed2dT36,90SCt1484. NoristhmDet~mt or,41~sece nmrnnvly m~ned at prot~ ckil- dnm from expemunt t~ Manally orimnad dis- piayw that would not be judged obammo by rotnit standantt C~ntra~t Gin~ v New York, 390 US 629. 20 LEd Iki 195, 88 S Ct t274, 44 Ohio OIM 2d 339. U.S. SUPREME COURT REPORTS 49LEdM limitations on individual liberty.* [4rt us a?] The fact that the "offensive" speech here may no~ address "impor- tant" topic~-'ideaa of socia/and political si2nificance," in the Court's termmolo~', ante, at 61, 49 LEd 2d 320~does not mean that it is less worthy of constitutional protection. "Wholly neutraJ fUtilities . . . come under the protection of free speech as fully as do Keats' poems or Denne'a sermons." Winters v New York, ~ US 507, 528, 92 LEd 840, 68 S Ct 6~ (Franl~xr~r, J., ~ieent~ in~);, accord, Cohen v Califorma, su- pra, at25,29L Ed2d284,91SCt 1780. Moreover, in the absence of a judicial determination d obscemt'y, it is by no Ix-~snm clear that the sDeech is not "important" even on the Courc's terms. '[S]ex ~nd obscen- ity are not synonymous... The portrayal of sex, e.2., in art, litera- turo and scientific works, is not itself sufficient reason to deny material the constitutional profaction of free- dom of speech and press. Sex, a ~rea. t and mysterious motive force in human life, has indisputably been a subject of absorbin~ interest to man- kind through the a2es; it is one of the vital problems of bnrn~n interest and public concern." Roth v United States, 3,54 US 476, 487, 1 LEd 2d 1498, 77 S Ct 1304, 14 Ohio Ops 2d 331 (fcomofa omittad). See also KinZsley Pictures Cot, p. v Re~ents, supra, at 688-689, 3 LEd 2d 1512, 79 S Ct 1362. I can only mterprot teday's deci- e. See, ~.2-, Ter'~''i`ll° v ~ supra, ~a~ 4-8, 93 L FA I181, 69 8 Ct 894. T!~ Court strmws that Ostmil's contaut-4aasmt reCula- e~n Pmmo,~m~ ~ v C~nrad~ 420 US 54S. 43LEd2d~S. 9~SC~1239. th~asconsutu- tionaily irrelevant, for "'one is not to have sion as an aberration. The Court is undoubtedly sympathetic, as am L to the well-in~entioned efforts of De- troit to "clean up" its streets and prevent the proliferstion of "skid rows." But it is in thsee instances where prot~,'~ed speech grams mse~ unplemmntly against the sensibilities chat judicial vigilance must be at its height. Herotofors, the Court ]ass not shied from its responsibility to pro- tect "offensive" speech from Severn- mental interference. Just has[ Term in Er~eznik v City of Jacksonville, supra, the Cottrt held that a could not, consistentiy with the and Fourteenth Amandmente, tusks it a public v,!a~,ce for a drive-in movie theater to show ~ma con~aln- in~ nudity ff the screen we~ visible [4~/USss~ from a public stre~ or place. The fa~ual parallels b~,~n that corn and this one are strain2. There, as hero, the or&insnce d~t not forbid altOether the "distexteful' expres- sion hilt merely required an altera- tiOn in the phy~c~d ee~In_ff of the forum. There, as here, the cit,/s principal asserted intarast was in mlnimimlng the "andesirable" effects of speech having a partitml-- con- tent. Arid, most signi/icantiy, the particular content of the restrictsd speeeh at issue in Erznoxnt prm- cisely parallels the content restric- tion embeRfled in § 1 of Detroit's det- nition of "Specified Anatomical Are~" Cornpars Jscksonville Mu- ths exercism d his iibsrtT d etp~emm in spproprmts plaza abt4dffad ~t tho ploa that itmaybeexe~:isedins~n~otherpl~e.'"kL, ~clmeider v Stars, 368 US 147, 165, 84 LEd 15~, 60 S Ct 14~. See also IntestaM Circuit v Daita~ 390 US 676, 20 LEd PA 2~5, 88 S Ct 1298: Bang l~eitx ln~ v $uili-,an, 3'~ US I~.gLEd~I~4,83SCt631. -( 4 YOUNG v AMERICAN MINI THEATRES 427USS0.49LEd2d310.96SCt244O nicipal Code § 330.313 with Detroit Ordinance No. 742-G. § 32.0007. In short. Ersno~nik is almOSt on ,,nil fours" with this case. The Court must never foxlet that the consequences of x~,orously en- forin_e the &,~.rantees of the Fh'st Amendment are frequently unpleas- ant, Much speech that seems to be of little or no value will enter the mar- kstplace of ideas. threat~n~n_~ the q.-.ty of our social discourse and, more generally, ths serenity of our livse. Butthatis ths prlce tobelmid for constitutional fr~edon~ Mr. Justice Blaekmun, with whom Mr. justice Bre--an: Mr. Justice Stewart, and Mr. Justice Marshall join. diseevtlnS. I join Mr. Justice Stewart's dis- sent, and write separately to identif7 an independent 2Tound on which, for me, the challenged orA;~ance is un- constitutional. That 2round is vque- nea I We should put ourselves for a mo- ment in the shoes of the motion picture exhibitor. Let us supprose that, having previously offered only a more ~nn~cuous fare, he In'/us decides to vary it by exklhitln~ On certain days film. from a sex'ice which occasion- ally deals explicitly with sex. The e-½1hit~r must determine whether this places his theater' into the "adult" class prescribed by the chal- lenged or,41~.~ce. If the theater is witkln that class, it must be li- censed, and it may be entirely pro- hibited, dependln_~ on its location. *'Adult" status vel non depends on 1. See ants, at 52-55, and tan 3-7, 49 LEd 2d 316-317. I reproduce, or cite slMcificafiy co, only theme sections of the challenged offft- whether the theater is "used for presenting" ~ilm. that are "distin- I~-tished or characterized by an em- phasis on" certain specified aaivi- ties, including sexual intercourse, or specified anatomical areas.' It will be simple enough, as the operator screens film.s to tell when one of these areas or activitise is bein2 de- picted, but if the depiction repre- sents only a part of the film.' subject matter, I sm at a loss to know hew he will tell whether they are "distin- guished or charac~rized by an em- phasis" on those areas and actlvitie~ Th~ ordinance ~,vel ~ nO Euid- 8rice. Neither doe~ it instruct him On hew to tell whether, ass. mln_~ the film. in question are thus 'distm- Sulshed or characterised," his the tar is bein2 "used for presenting' such fil..., That phrase could mean ever used. o/Jan used. or predomi- ~m~tJ.y used. to name a few lx~sibili* ties. Let us assume the exhibitor con- cludes that the film serise wi~ ren- der his showhouse an "adult" thea- ter. He still must deterTnlne whether the operation of the theater is pro- hibited by virtue of there bein2 two other "regulated uses" within 1,000 feet. His task of determining whether his own theater is "adult" is suddenly multiplied by however many nei2hbors he may have that axluably are within that same clss~ He must, m other [tw us es] words, know and evaluate not oniy his own fi|ma~ but those of any competlter within 1,000 feet. And nei~hborin2 theaters are not his only worry, since the list of regulated uses also includes "adult" bookstores, "Group 'D' Cabaret[s]," nance that are not set out m the Courfs opmion. smms U.S, SUPREME COURT REPORT~ 49LEd2d sellen of alcoholic I~ver~ for con- sumption on the premtses, hotels, motels, pawnshops, ~l h~ls, public l~g ho~, "~n~d s~o~," shrine ~1o~, ~d h~" ~ e~bi~r m~t m~r ~1 th~ defini~o~. ,~., for ~-~mpl~ ~ a 's~- t~ or ~t ~ion of ~ ~" ~ "~h~ or ch~ ~" in the ~m~ way ~ t~ ~ sh~ m ~ "~t" ~r. ~ e~iw~s ~m~nd~ ~k of appl~ ~e mount he ~uld ~ a ~o~r d the o~n~ ~m ~me neigh~r ~ siip~ ~ a 'r~- la~ ~" c~tion. He m~ ~, for e~ple, h~l h~ o~n~ a "~lor" on ths p~m~ thoqh he my still ~ howl ~ a whole ~tu~ m~ t~ one "r~h~ ~., He m~ ~ ~ow the mment w~n ~e s~k in trY, of ne~h~q ~ ~d ~n ~m~ ~ ~ of such a c~r, let d~ ~ mem~r t~t if ~ ~~ on ~y of th~ mue, he may ~y a ~e or go ~ j~* It would n~ i Ofi~sl Z~mm~ O~4;"--e d D~t~it §~9.0~0. I A s~ ~nity for ~it~ or a~ m~ ~ elimiM~ ~ O~ f~ the ap~an fwm the o~in~. the c~ of der the circumstances, the exhibitor ch~e to forgo showtug the film ties altogether. Such deterfence of prorectal First Amendment activity in the "gray area" of a statuta's poesible [4i'/us covera&,e is, of course, one of the vices of vs2uenest A second is the tendehcy of vque statutory standards to gra~t excessive and feetive|y unreviewsble ctiscre~on to the oeiciais who enforce those stun- It is present because the ve~ue stan- dshis ~ready described are left to the interpre~tion and application of law enforcement authorities.* It is intr~luced even more dsn~ereusty by the indefmito standards under which city o~c~lla are empowered to grant or deny licenses for theaters, and also waivers of the L000-foot rule., All "adult" theaters must he the mayor. The ordinants d~ not empower~l to rdus~ an "adult" th~ ater licens., or tsvok~ it at any time, "upon proof submittal to him of the violation .... within the pre- ceding two years, of any criminal statute . . . or [z~ni~] or~tinanco ... which evidences a disre~td for the safsty or welfare which use to eliminate is em'm~ment au~m 4. ~ t~ f~ ~ on ~t ~d ~, ~. ~ gla~n2 ~f~ m t~ o~m~ of thin ~ m the v~ g~ing their appt~ ~, only t~ v~nm ~mt m ~nu~ ~. YOUNG v AMERICAN MINI THEATRES 427 US $0. 49 L Ed 2d 310. 96 S Ct 2440 of either the patrons, employees, or persons residing or doing busi- ness nearby." Code of Detroit § 5- 2-,3. [4r/Us ~] If the operation of an "adult" the- ater would violate the 1,000-foot rule, the exhihiter mus~ obtain the approval not only of the mayor but of the City Planning Commission, which is empowered to waive the rule. It my grant a waiver if it finds that the operation of an "adult" the- ater, in addition to satisfying several more defxnlto criteria, "will not be conu~try to the public intoreg or injurious to nsarby properties," or violative of "the spirit and intent" of the ordlnsn~e. H Just the other day, in Hynes v Mayor of Oradell, 42,5 US 610, 48 L Ed 2d 243, 96 S Ct 1755 (1976), we r~s~,'med the principle that in the First Amendment area "'government my regulate only with narrow speci~city,'" NAACP v Button, 371 US 415, 433, 9 LEd 2d 40~, 83 S Ct 328 (1963), avoiding the use of 18n_~tage that is so vque that "men of common intel- ligence must necessarily gum at its meaning." Connally v General Constr. Co. 269 US 385, 391, 70 LEd 322, 46 S Ct 1~6 (1926). In Hynse we invalidated for its vqueness an ordl- nance that required "Civic Groups and Org~ni-ations," and also anyone se~lrln_~ to "call from house to house · . . for a recognized charitable . . . or.. . political campaign or cam," to resister with the local police 5. The offfinance empowers the mayor to act "upon proof submittad to him of Is] viola- tion." It is possible that he may entortmn evidence not only of c~nvictions but also of violations thernselvet sven though these have not been otherwine adjudicated. Whether ie- identification only." We found it in- tolerably unclear what "Groups and Organizations" were encomp~med, what was meant by a "cam," and what was required by way of "identi- fication." I fail to see how a statu- tory prohibition as dielcult to under- stand and apply as the 1,000-foot rule for "adult" theaters can survive if the ordinance in Hynes could not. The vagueness in the licensing and waiver standards of this ordi- nance is more pernicious still. The mayor's power to deny a license b~ cause of "~qrant di~egard" for the "safety or welfare" of others is ap- parently exert'isable only over those who have cornmiRed so~e [4r/US in- fraction within the previous two years? but I do not see why even those persons should be subject to standaniless licensing discretion of precisely the kind that this Court so many times Inns condemned. See Shuttlesworth v Birmingham, 394 US 147, 22 LEd 2d 162, 89 S Ct 935 (1969); Staub v City of Baxley, 355 US 313, 2 LEd 2d 302, 78 S Ct 277 (1958); Kunz v New York, 340 US 290, 96 LEd 280, 71 S Ct 312 (1951); Niemotko v Maryland, 340 US 268, 95 LEd 267, 71 S Ct 325 (1951); Saia v New York, 334 US 558, 92 LEd 1574, 68 S Ct 1148 (1948); Schneider v State, 308 US 147, 163-164, 84 L Ed 155, 60 S Ct 146 (1939); Hague v CIO, 307 US 496, 83 LEd 1423, 59 S Ct 954 (1939); Lovell v Grimn, 303 US ~.~.4, 82 LEd 949, 58 S Ct 666 (1938). For the exhibitor who must obtain a waiver of the 1,000-fcot g~ infractions musX be otherwise adjudicax~l or not, the ma~or clearly ~r, sins the power to revoke a license for "flagrant disregard," should infractions ¢¢cur at any time aftor the U.S. SUPR~ COURT REPORTS 49LEd2d rule, the City Plannin~ Commission likewise functions effectively as a censor, constrained only by i~s per- ception of the "public interst" and th~ "spirit and intent" of the ordi- invalidated such vague standards for prior approval o~ ~lm exhibition& Sse Inr~rstatm Circuit v Dalh~ 390 US 676, 683, 20 L Ed 2d 225, 88 S Ct 1298 (19~8), and cases ci~nL' Indeed, a standard much like the waiver in this ~ass wss ths found want~,.= in C~IIin_~ V Texas, 343US9~O, 96LEd I359072SCt 1(]02 (1952) (C~l$Or Cau]4t ~ films "of such chartactor as to be pmjudi- cinl to the befs intohim of the p~- pl~ of said City'). It is true that the mayor and the P{aumng Comrn~sm4on rsvisw ths ap- pH(~);ions of thsstm's, rathsr than individual ~m& It might also ar~usd that at |eas~ if thsy ~ to th~ "spirit snd in.t~nt' of ordlnsnCf, thsir principal con~srn will b~ with ths blightin~ of city~ap~, rather than ~xat of tim minds of thsi~ censtitusnts. But ther of thsss asps~s of ths cess alt~rs its basi~ sad dis!~sitivs fac~ perlois Se~kiR~ tO e~hihit "exitlit," but protected. films must secure. in many casst the prior approvsl of th~ mayor and City plannln~ Com- miuion; the latter inevitably will msl~e their decisions by reference to the content of ~te proposed s,hlhi- lions; they are not constrained in doing so by "na~.....~y dn,rn. r~a- sonable and defini~ Niemotko v Maryland, 340 US, at 271, 95 LEd 267, 71 S Ct 325. Th/s may be a permissible way to controi pawnshope, pool ~ and the other ~'reguinted nines" for which the ordi- not an acceptable way, in the l~ht of the First Amen~m_snt°s presence, to decide who will be permL-__td to exhibit what films in what placst The Cotart today does not really question these settled principles, or raise any doubt that if they were appfied in this csse, the cludlenmd ordinance would not survive. solvss ars clsarly within ths ordi- naucs's pzx~criptions, _a_na thus not ds~f.,N{ by its vsgumlm Our usual practice, as the Court notes, is to entertain facial chslls!lffe$ based on vaguenass and overbrssdth by any- one subject to a statute's proscrip- tion. The reasons given for depart!n_~ (4SvUSM] from this practice are (1) that the ordinance will have no "significant deterrsnt effect on ths exhibition of films proseSeal by ths First Amsnd- msnt"; (2) that the ordinance is ess- ily susceptible of "a narrowing con- struction'; and (3) that "thsrs is safely a Is vital ins in the uninhibited ezhibition of matorial that is ou ths borderline bstwsen pornography and artistic eapr,saion is mm~ sew,w, smcs if ths s. httd~r hsa only ons theater, he m compistsdy fowsclmed. ~ss also Southmsstern PmmotiomL Ltd. v Conrsd. 42fiUS, at~fnS, 43LEd~d448,958Ct 1239. s YOUNG v AMENCAN MINI THEATRES 427USSO, 49LEd2dS10,9~SCt2440 than in the free dissemination of ideas of social and political signifi- cance." Ante, at 60,61, 49 LEd 2d 320. As to the first rein, I dis, aTe, on the facts, as is clear from the in~ti,al section of this opinion.t As to the second, no easy 'nan'owin8 con- struction" is prolxMeci, and I doubt that one exist& partic-laply since (due to the operation o~ the 1,000- fOOt rule) not o-ly the "used for ~ras~n~i~' and 'characterised b~ an emph~e~a" lan_o'Tl2~e re~tln~ to "adult" theat-rs, and the 'fiagnant dlsremmi" and "public interest" lan- guaae of the licemin~ and waiver provisions. but also the definifiom of offer regulamd uses must all be Hynas v Mayor of Orsdell. 425 US, at622.48LEd2d243,96SCtlTS5 ("we are without power to remedy the [veXuenem] defects by Zivina the ordinance constitutionally precise content"). [4XX US As to the third reason, that "adult" material is simply entitled to less protection, it certainly ex- plain, the lapse in applyin2 sectisd vagueness principles, as indesd it explains this whole case. In jOinln_~ Mr. Justice Stewart I have joined his forthriZht rejection of the notion that First Amendment protection is ~;mi,;,h,,i for "erotic inter~sla' that only a "few of us" see the need We should not he swayed in this case by the charactorization of the challenged ordinance as merely a "adult" nature of the affected mate- rinL By whatover ,a,~-; this ordi- nance prohibits the showing of cer~ cr~,~l,ml sanctions for violation of the ban. And however distasteful we may suspect the ~l~a to b~ we can- not approve their suppression with- out any judicial fin~I,~ that they are obscene tinder this Court's care- fully delineated and considered st, n- 7. in Ennomik v City of Jgksonville. 422 US i(~.45L Ed~d lJS. 9~S Ct 2268 (1975). the case on which the Court relies for the propmarion that only smmtm haytoo a "s~aaifi~a~t dmtm~mat e~eet" my be f~slly ch~ such ma dect in fact was foumi to exmt TTM O~i..~.-- there at remus In~aibt'tmt dri,m-m thinmrs f~m er. hib~ing Otto, in which nude parts of the b,,,--,~ body vmuid pige.'° We portugal · "~ mui substantial" dmtmffwnt gmct in thin "tmwetmmm choice" to which ths Oral;Bedim put e~ "ei~ emly ex~ or ~ pb~y ~ ~ks~" l&. ~ 217. ~ L ~ M 1~, ~ S ~.~p~ts~h~ of~mmn~~ 341 SUPREME COURT REPORTS llSLEd~I MICHAI BARNES, Prma-uting Attorney of St. Jmaph County, India al., P~titionmm v GLEN THEATRE, INC., st ah 501 US --, 115 LEd 2d 134, lll'S Ct -- [No. 90-261 Argusd January 8, 1991. Dseidmt Jun~ 21, 1991. Decision: Indiana's public indecency law, M applied to prohibit nude dsndn2 performed M en~errminment, held not to violam free ezlnmmm 5,tmrantee of Fedend Constitution's First Amendment. StrMMARY An Indiana statute m~de it a n~demeenor n} appear in a public place a gatm of nudity." Within the.statutory definition of "nudity" was the showin2 of (1) the female genitals, pubic area, or buttocks with lmm than a fully opmlue covering, or (2) the female breast with team than a fufiy opaque covering of any pm-C of thin nipple. Two entertainment ewtmblimhmena in South Bend, Indiana wiebed to provide totxlly nude dancin~ u entertain- ment, althotqh the statute egeecfiveiy required female dancers to wear at IM "palti81" Bad B. "CJ-Itl"i~' wh~ c]~lac~. T'De t'wo y~,,ImiimhmmVltl, to~ with individual dana, employed at thoM mtabfialunents, brouiht suit in the Unitad Sam ~ Court for ths North~n Distri~ of Indiana ths enforemmmt of tim smtuta, on ths gn}und that ths stamta violatad ths injut~ion, hsld that ths stamt~ was fatally overbr~md. Ths Unitad Statm Coart of Apps~s for ths 8mnth CiEuit, ~ on aplmi, rmmmimi ths ms~t wins violated by fi~e statute as appfied r~ the type of dancin~ at issue not prorectal ezpremive activity, and aa:ordingly jud~nent wu rendered ia favor of the defendants (695 F Supp 414). A panel of the Court of revm on aplMsL held tllat the dancing at issue m axprmmvw cenducc pwtmctad by the First Amendment (88? F2d 826). On rehear~ en banc, the BARNE~ v OLI~ THEATRE, INC. (1921) 115 LEd 2d 504 Court of Appeais (1) held that the InA;~-- statute was an improper infrint~ ment of axprmsive activity, because the statut~'s purpme wss to prevent the messs~ of erotic~m and sermlity conveyed by the d,,,.~rs in question; snd (2) enjoined the sxate from en~orcin2 the statute api~q f. he plaintiffs so as to prohibit nonobscene nude dancing as enmrtalsm-nt (904 F2d 1081). On certiorar~ the United States Suprome Court reverm~ ABhoulh un- able to agree on an opimom five members of the court a2xexl that the I~,/;s.= statute, as applied to prohibit nude ,4~.,.i,~ performed ss antertejn- ment, did not violate the First Amendment. RIHNeU~r, Ch.J., =-,~ouncsd the judgment of the court, sad in an opinion joined by O'Com4oa and Kem~r, JJ., expressed the view tha~ (1) nude dsncing ss entert~iem*nt is expressive coaduct wi~h{- the. mater perimeters of the First Amendment; but (2) applkaticn of the Indiana statute to such dan~q wss justified, despite the sta~uta's incidentel llmi~a- tions on some expressiv~ activity, because (a) the statuto wss within the state's constitutional power, (b) the stature was desiamd to ~,~a't morals and public order and thus furthered a substantial 2overnment interest, (c) this interest wss unrelated to the suppression of free expressim~ in tha~ the perceived evil that I~*,,- .ought to Mdrom was not eroti~ dm2cin2 but rather pubUc nudity, and (d) the requirement dmt the dancers wear at leest 'p~fias" and a '04trinZ" m nm'rowly tailored to o_,rh~-~e the state',, purpose. Sc~x.x~ J, concmrrin~ in the judSment, expremed the view thaZ (1) the Indiana statute wu not subject to First Amendment soru~iny a~ nil, because the statute was a Seneral law re~h.*~_- conduct -~,~ wss not specifically direc~ st expression; (2) there is no intermediate level of First Amend- mant scrutiny requiri~ that an incidental restriction ma exprmiaa he justified by an imperrant or substantial 2overnment interest; and (3) the I~d;.n,, Statute was ~ _-~en as enforced ap;net these who chess to use public nudity as a meaas of c~mmunica~ion--because moral oppc~tion to public nudity supplied a rational basis for the statute's prohibition. Sotrrn, J., concurriq in the judgmant, exp~ the v~ew tha~ (1) nude dancing ss a perform,into carries an endorsemsnt of erotic experience and thus is expressive activity that is subject to a de6ree of First Amendment protection; (2) the four-part inquiry applied by the court was ths appn}priata -,,-|ysis to determ,,.e the actual proteaion requh'ed by ths ~ Azne~xd- men~; (S) tl~ s~sto's interest: j~ ~ sta~uto wu not {s prostitution and other Crlmin41 2g(Avity-.--Of HVe nude A-n~-E in eddt entertsinment eetab!lehmente; enA (4) this intoNet WSS tanrelated to the suppreesiei of free expr~e$~n, siace such soa)nda~t e~ecte wotfid not necesoarily rsonit from ~he persuae/ve effect of the expremion baberent nude denOne. Wetft. J., joiaed by Mazsmu~ B~acnoJ~, and Saxons. disso,ti~, expressed the view that the l~a~--- statute should have been held invalid SUPREME COURT REPORTS msanort~appssrinastats~fnu. dity in a public plsc~ and (2) sgsc- tivmly rsquirm female danm. s to mr a~ leest "!~g~a" and a Tr tim F~] Constitntion's Fizz ANNOTATION ll~l, 2Lrd2dlT0e, llLFx12dlll&16LEd2dLrk~_~;21LEd2d~78. 1064. .] Dt i ) BARNES v GLEN 'I'HE~TRE, INC. (19~1) 116 LEd 2d ~04 Am~-d~-.-~t. ~sr Rshaquist, C~ J., sad O~mmor, Kenasty, .~.~i.,~ and Soutor, JJ. Dismmnti._-- Wl~s, droll Bls~kmun, and -~tsvs~s, JJ.] prmsivs cmsdn~t -- nndw satortainmsat is uprsssiv~ conduct quist, CkJ...d (YConnor, Ksn- nsdy, Soutar, Whirs, Marshall, Blsckmtm. smt Stsm~ JJ.] Cons~tutlonsl Law f lsllmn of exlsrwsstvs emutaet 3s-3c, The mppropriato mnalyw~ to d~In, the llmi~& tw2def the Fsd- oral Congitution's Pint Amm3d- mr, d appropriato into action Ismi.,.h,_~ exprsmivm s~m is a four- part in~Bsiry ms to (1) whathat ths &~mrnmsnt r~,ula~ion at issus is w~thl. ths Sev~mmaut's amstitu- tionslpow~,(2)whsthsrthsr~la- tion furthsrs sn important or sub- stsmtial &~msntal intorat. (3) free ezpzmmon. and (4) whether the ineideneml ~ on alisivd First Amsadmsat froiotas is no is unrelated to th~ supprMsion of Stov.~, JJ.] ~ BY BI~ORT~ OF DlumO NS l~Mpondent~wolndhnamtab- llshmelti wishing W ~ to,ally individual dan~n employed at ~ ~wl~shlishmsq~ b~m~ht suit in the District Court to enjoin enforce- meat of ths stars public indssney law--which requires rsspoadsnt dancwrstowmrpwstissmndaG- lic pla~s violaim thw F%nt A~wnd- dancini involved h~ wins not e%- prmsiv~ couducf. ~ Court of s~ns nuds dancing peril for enter~slnment is pnXs2tsd ~rpr~s- mandths~tSmstst~towuSsn vwnt the masssis of afW4,,~m,, and ~J'e/i Ths ill is t.~ 904 F2d 10~I. rmml~"m~L Ths Chld Justi~s, joinsi by Jus- ~ O~onnor and Jugics Kmmsiy, conchrist that ths eah~s~t of Tndlsnm'S public indsesacy law to prevent totalJy nude ~sn~B_. dess m e U.S. SUPREME COURT REPORTS llSLEd2d not violarm the First Amendment'l guarantee of freedom of expression. (a) Nude dancing of the kind sought to be psrformed here is ex- psrimm of ~hs Fist Amsndmsnt, althouSh only mar~-ny so. 5st e~, Dean v Salem Inn, In~ 422 US 92~932,45LEd2d648,9~SCt (b) Applying t~ four-part tst of Unit~i Staus v O'Brisn, ~91 US 367,~6-3'P/,20LEd2d6~i88SCt ful/Ph~tAmmutmsnt~ ths statuto is ~sti~sd dsopito its inclthntal ~m~tations on sonas pressire activity. The Jaw is clearly W~'hlw the Stato's constitutional power. And ~t funhers ast~s~tisd indecency st·torso vedec~ mor~ d~- &vv...-~ of people aplma,-"h~ in ths nmb amoq mnnge~ in public platre, tad th;a partic,,I,-. law foi- ls · lin· of stm laws, ck.s~ b~k to 1831, ba,,,,i,,_~ public nudity. ,tma,~l u tim authority to v,~,ide morals, and such absiz forlegiala- tion has been upheld. 5se, o.g., Paris Adult Theatre I v 8laton, 413 US 49, 61,37LEd2d44t938Ct2628. evil the State smim to prevent, wbethe~ or not it is combined with eaTs·asia act/vity. The law does not pnscribe n~lity in these m~abl~h- ve~inlansn~cmess2s. Toths c~xtmry, an ex~ic psr~nnancs my be preasnUd without any stare intor- ferenes, so long as ths p~fformers mr, Sims ths Ramtory but ~ s~ ~ff, it ~ ~t aimf~~m~ ~ ~t ~y ~ ~ u~d on ~ ~ ~ o~ m n~ m~ a ~p~nS ~ ~ ~ .. 1~ L ~ 2 ~ 110 S ~ u ~t ~1~ ~ ~ j~- ~ by n ~t or ~ ~en~ J~-- ~, ~ ~t ~ nd ~ ~ M of U~ Sa~ v O~Z ~1 US ~, ~ L clu~ ~t ~ Sm~'s ~s ~t el~imm~t m m~ j .- · ) BARNES v GLEN THF_~.TRE, INC, (19~1) 115 LEd 2d 504 hibition on nude danci~, even with- out locslized proof of the. harmful elFecru. See Renton v Playtime The- a~'es, h~ 475 US 41, 50, 51, 89 LEd 2 29, 106 S Ct 925. Moreover, the pexmciotm effects ere merely emul- ated with ntld8 a~,,,~,_~ IS~.SbHeh* merits and are not the result of the expression inherent in nude dancing. IcL, at48, SgLEd2d29,106SCt 925. FInally, the restricts'on is no pastlea and a G-strin2 moderate exo preston to a minor degree when measured age!-e; the ~ce~s r~ ~ capacity and opportunity to express an erotic meese~. jud2ment of the Court and delivered an opinion in which O'Connor and Kennedy, JJ., joined. Scalh, j., filed an opinion concurtin2 in the jude- men?. Souter, J.. filed an opinion concurri~ in the jud2xnent. White, which Marshall Blaekmu~ and 8te- the pvernmentel intorest, sine vens, JJ.,joined. APPFALO/C~ OF COUNS~, Wayne F,, Uhl sr&nmd the cause for petitioners. Ba~ce J. Ennla, Jr, argued the cause for respondent~ SIPABAI~ OPINIONS Chief Jm~_f~e Rehnquist an- nounced the jud~nent of the Court and delivered an opinion, in which Justice O'Connor and Juatie Ken- nedX ~ [le] Respondents axe two estab- lishmants in Routh Bend, In,~i-,,-. that wish to provide totally nude ridreal dancers who are employed at that the FLr~ Amandment's Snuwan- tee of freedran of expreesian pre- vents the State of In,"e-- from en- forCiq its public indecency law to prevent this form of ~s,~,=_ We reject fJ3eir ~!elm The facts appear from the plead- ~n~ end ~na;,p of the District Court, and are unamtsetod here. Kat) is located in the city of South Bend. It sells a~coholic beers~s end presents "gC~'O ~m~ei'5" ItS 9roln'istor desires to present "tots fly nude ,imee~._=:" but an applicable Indiana statute reStdating public nu- an hourly ws~e, but ~,~,~ on ~ m~Mion. They rsceive a 100 percent connn~m~ononthefirs~l~Oindr~nk sa~ea dlh-i~g ~ peter'maria Darlene Miller. one of the rmpon- denm in the action, had worlei at the Kitty Kat for abont two years at the tbne this action was bmuZhk l~lJer wishes to danca nude because she believes she would make more money doix~ so. ResVondent Glen Theatre, blc. is an Ind~na corporation with a place me7 huBnero ~a supplyin2 so-called adult entertainment throu2h writtan a~d prLutod matorbds, movie show- in2s, and live entertainmex~t at Sn enclmed '~okstere." The live entor- tainment at the '~)ookstore" coDs~ts of nude and 8eml,ude perfOrmenCel and showinis of the female bety through g!m panel~ CtmComm ait I I- U.8. ST]PREIKE COLrRT REPO RT~ llSLFd2d of much a cbsllen~m., end remanded to the District 5mutt in order for the plmlv,fi~Vm m putram their claim Am~tdm~t u aimlied to danci~. Glen Thereto, ~ v Pint- son, 802 F2d 287, 288-290 (1~86). On S~" and rmadmmd judem~ in fawrr o~ ~he ddemianm. elsn 696 F 5upp 414, 419 (ND Ind volved here was aprmeive 88T P2d 826 (CA? '19~0}, The of Ap,~h then heard ths cmen rim of axnprehemivw and tl~qht- t~t opi~iont. The majority concluded ~ nonobscene nude dancing Imr- wm 1 I ) BARNES v GLEN TI-IEATRE, INC. (1~1) 11~ LEd M ~04 formed for entor~inment is expres- · ion Vromct~d by the FixS Amend- men~, and tha~ the public merit or timt expressive activity b~ catms its purpose wss to mat the mmsqe of eroti~m ..a s~mafity conveyed by ~ ,4m-term. Mfiler v 10el (CA7 19~0). ~e irmmtad certio- rsx~ 4~ US , 112 LEd 2d 111 S Ct ~ (1990), and now h~ld l~unenm ~volved in th~ case must wearpss~sandaC,-stx~domn~c violato the First Amendment. [2a] Several of our case lanS~Ss~tha~nudsdanc- in~dthekindin~ol~wih~eisex- premi~e ~du~ ~,HS~I(I~,~ ~ ~ n~e O~y t~ ~o~ v ~t ~n~ ~en~ent p~ ~e ~t~" ~ ~ 61, ~, 2176 (1~1), ~n~~n~ out im p~ ~u~ ~ ~ ~e~ ~ ~e ~ ~e~en~ ally too. This, of cmtrse, does not end our inquiry. We must det~i,, the level of profaction to be 8/rordmt to the mapave areduct st issue, and must determine whether t~ rant of that protak*'fad activity. hoed. The Suptree Court of Xndi-. uto to preclude nudity in what m em~tially plato of public sccommo* dafton such ss the Glen T~ and plm~m, rmpondmmta point out, nots m excluded and there am no non-amsentinZ view~ Rmpondmats coatand that while tim state my ones involved hezm, and limit ~ ~m~,raphical area in wMpl, tl2y b~sinsm, it may no~ in any wsy limit the perfo~ Of the ~ ~tb;rm ) withOtlt vi~ the contends, on the other hand, timt ins is s v-l*a "time, plsm or msn* net' re2ric~oll tinder m 2/ch as Clark v Community for Cru~ive Nou-Violenca, 468 US 288, 82 LEd 2d 221, 104 S Ct 3066 (1984). [ms] The "time, placa, or manna' tst sm d~veloped for evalustin~ restrictiota on ezlmmion taki~ besu dedicatod as · "public forum," Ward v Rock AZainst RmHsm, 4~1 US 781, 791, 106 LEd li 661, 109 Ct 2?46 (1989), although wm haw on at lemt one occssion applisd it to c~nduct occurtin2 on i~.vam errS. Sse Renton v Playlime The- atre~ Inc. 475 US 41, 89 LEd 2d 106 S Ct 925 (1986), In Clark we observed that this ~ hss been in- 611 U.S. SUPREI~IE COURT REPORTS llSLP.~9~ t~,~,=~,~d to embaiy much the ~ ~ .thm~ set forth in Unitad States v Oq~rien, 391 US 3~7, 20 LEd 2d 672, 88 S Cl 1673 (19~8), and we turn, therefore, m the {YBrien burned his draR card on the stops of the South Bcs~n court. hesse ~ the prmmace of · tim~la in2 · stamx~ that prOibit~d the knowing defauc~n or mugilafion of duet The court rejected his tion timg ,ymbolk speech is entitled to full Fie Amendment promction, asy~. '~"lven on the assumption that msnt in O]rien's condu~t is sut- ~amt m bring into play the First ~,,~dmenU it does nm nscsma~ ily f~low rims fJ~ dsstru~ion of a rqisU-ali~n ce~S___cate is mn~itu- tinsally pxv~Scf4d a~ivit'y. This Court has held that when 'speech' ~ 'nellspeech' ele~ien~$ age conl- duc~ a s,~nfiy im!~rfan~ govo ernmenfal jammat in reguim~ng the nonspeech element can justify incidentel Hmi~.ations on First Amendmere: freedoms. To ckmrac- fm'ize the quali~y of fJ2e 2u, vern- menrod intere~ which mus~ aim* lxm'. the Court be employed a variety of descriptive tarms: corn- terms, we ,ht.k it dear that a 2vmtumsnt mgulaeion is ~,~tly justified if it is within ammtufio~al power of the Gov- dental rmu-ietion on ~ First Amendment freedoms is no grimier than ~s ~tial m the ,~herance of that intafmt." Id~ at 376-077, 20 LEd 2d 672, 88 S Ct 1673 (feotnotss omitmiX [1D] Applying the four-part 0'Brien test enunciated above, we ~ tha~ lndinna's public indscsm~ mm~s is jus~ed despile im de~l limitstions on sores exprm- statuts is clearly w~thi,~ the constim- tions~pmmrofthsStatsandfur, thsrs substantial governmental in- tsremx Xt is impmsibl~ to discern, othsr the- from chs text of the stat- uts, exactly what s~,~nnental in- mia~ when thsy enm~sd this stat- islatlve history, and ~hs stat~'s li~txt on the statut~'s purlxa None- clssr fi~m its t~tz end h~. Pub- lic indecency mmtas of of ancient ori2in, and presently exis~ Cency, ilglt~din~ niRlitT, nai offens at commnn law, and this C4tlr~ rsc~mima the commnu-law rco~ of the o~enm of "Srms and open in~_-~_ney" in Winten v New 68 S Ct 6~ (lS48). Public nudity Rsp 1036 <KB 1664). Public inds- csncy siamese such u the one before us retkct moral disapproval of peo- ple appssnng in the nude axnon~ smran~ers in public plscs~ Wm (lg~l) 11~ LEa 2d -Thisand othsr pubtic ~ stsmtm wsrs ~ to prS~'t morals mud public ordm'. Ths trsdi- timsAt !x~cs p~wmr of ths Stars is dss.~l ss t~s muthori~ to provials morals, and ws have uph,~a such a bssis for Lsgishtien. In Paris Adult Thsatrs I v Slaton, 413 U8 49, 6L 37 LEd2d446,~3SCti628(19TS),ws "In ~_~t~_, Both Iv Unitsi Statss, 3~4 US 476 [1 L Rd 2d 166, ~ S Ct 1hi (lS67)L this Cou~ implhn'tly um!~sd tha~ a t~islamrs emahi t~itimatsly act on such a conclusi~ ~o prem~ morsli~y.*CI&LatiSS[1LP, d2d omit~L) And in Bowls v Hardwie~ 47S US 186, 196, S2LEd2d 140, 1068a 2841 (1986), ~m said: ~ Law, howsvsr, is mnsmntly if all he mpmmniing mssnihily morslchoicssrstobsinvslidstsi courtsw'Ulbeve'ybusyindmm:L" um fur~2rs a substsntial sv,,rn- and morsfity. Some my view ~ nudi~ on moral Szounds es nemmarily ramins'. -to) 'Ngd~' meem ~be m d ~,- Im- Is~witlsksmtJsmnmi~dlyopm~w- ms~oSsmmbinadSsrnib~m~idSaS." ss sl m U,~. SUPREME COURT REPORTS llSLEdM laXas the First Ama~,~n_~, _hg~__use it faik the ~ ~ d ~ 0~ ~ ~ ~e ~n~ ~ m~ ~ ~ ~ b of ~ ~ But ~ ~ ~ think ~t w~ n~ ~ ~ ~ ~ it dances. Pr~umably numerous ~ at ~ , 'eblimh~-m ~ ~omm ~ a mt ~t d ~ it ~ply ~ ~ ~ ~h~y Is ~p~ ~ ~ n~ ~ ~ ~ ~ nu- p~ w~ ~ ~ it ~ ~ ~ ~ ~e m~on d ~ e4 L BARNES v (ILlGIN 'Iwr]~,ATRE, I~TC. (1001) 11~ L ~d 2d 604 catm frmstratad this purlxsm and "for this non-~,~mtmicativ~ aslMct of his conduct, and for noek4,L~ elmre, hs was convictrod." 391 US, a~ 382, 20 LEd 2d672,88SCt1673. It. masmam~l Chit O~rimxt'l act ill burnin_~ th~ nert~icate had a co~,-,micative ele- play the 1~ Amendment, 391 a~S?6,20LEd2d672,88SCt16?3, bat i~ wm for the nmacommmabative the dancing to which it was applisd had a cmnmtmicstive element, it was not thm dsncing that wam pro- hibitmd, but simply its b,de_* done in the nud~ Ths fourth part of the O~rim~ ~ tima on First Amendment freedom be no greater than is emential to ths tsmmt. As indicatmi in the discusion public places and among stranger~ means to somm greater end, but an 8rid in itself. It is withmat cavil that the public indecency statute is "nat- rowly tailored;*' Indiana*s requirw- merit that the ,in,~cens wsar at least pMCies and a ~ is raGdear, and The judgment of ths Court of Ap- peals amordi._~my is $ , held, not b~eause it suniv~ aoms lowor level of Flrlt-Amendnant scrutiny, bu~ I~cause, as · pnsral law rqulsting conduct and not spe* cificsllydirectsdatex~itis not subject to Flrst, Amsndmsat scrutiny aC all I *'(a) A perarea who knowinSly or intentionally, in a puhli~ plac~ **(1) engagem in sexual intsr- "(2) ~ ~n deviatm mauai conduct; *'(3) appearm in a mtar4 or audAty; or "(4) fondles thin gunit~s or'him- self or another persin4 A "Co) 'Nudit~ mea~ t~e ~ of ths humsn ~ or female guni- ~ pubic ram, or but~ockm with lem tbau a fiffiy opine cov~in~, with lem than a fufiy opeque cov- erin8 of ~ny ~ or the rappie, or tmljinadijcemiblytuzS~lta~" Ind o_ _~_, § 35-46-4-1 (19~8). O~itsfsce, thiJhwimno~dimcted st~onin~.AJJudp ~mmterbrook put it in !zil dimrant ~ "Twdi,,~s dora not dsncinS. It rquhts public nmiitT. ... ~lmmt the entiru domain of presmon, unlem ww vimw nu~o bmtches and topbins hot do~ vimdora as speech." Miller v Civil City of U.~S~REME~TREPOR~ llSLEd~I f South Bend, 904 F2d 10~1, 1120 (CA7 1990) IEasterbr~ok, J. dissent- in~ The intsnt to convey a "mes- ss~ d er~i~ism" (or any other mes- ss2e) is not a necessary element Lm:F~a~'sBtatut~thebda uadammadinS of "tha h'mdom of aimelL" Public ind~cenc~--includi-_- public nudity--hu l~ng been an f~ ~t COrnmOil laW. See rl0 Obscsni~ § 17 (1970~ 9S ALR I~7-t]8 (19M); Wintea v New York, S3$USSOT, 515. S2LEd840,685 C~ 86~ (1948). Indiana's first pub~ nudity statuts, Rsv Laws dindiana, ch ~6, § 60 (18~1), predged by many yssrs the appearance of nude bar- scope, dinctsi at all public nudit% snd not iust at public nude expres- dovn m tl~ prs~nt ons, hive been th~ am,. Were it the case that Indl- ins i~ prma~e..'mr~-ted only erpr~ sirs nudity, while turni~ a blind eys to nud~ b~schm sad purv~ors of hot ~ mid inschine 1121, it mi_eht be said that what tmssd u a'i~mlafion of conduct in 8'enersl wss in finality a refuJation of only communicative conduct P~ brought many public indsmucy ~,~- eeu~ious for sciivitis having no communicati~ elsmimt. Sss ~ v ~tat,, 515 lq~ 858, 857 and 1987~, In re Lieuson, 444 NE2d 1175, 1176 (Ind198~);,Prmton vStam, 259 hui (1972);, Thoums v Stare, 238 Ind 658, (1958); Blanton v Stare, 533 NE2d 190, 191 and App 198e~ 8wmm2y v 1985~ Thampsm v Stare, 482 NE2d 137~ 1373-1374 Clad App 1988);, ires v Stat~ 481 NE2 740, 741-742 (1rid App 1984);, Stmv k~U~t, 438 NE2d 302, 304 and App 1982);, v State, 4~e NE2d 1124, 1128 (Ind App 1980).~ l~ki~l, it~ssmI~b~titmpmisll.l~-as IRM~mdsmmalm~mmmmtthtthssm$- 27*J Imt2M, 217. ~T N~2d SM, MT/l~79~l mtbm.,k--fm'makb~tammmmlt~titdom tha pluraitt~ dam~ a~S,, at --- , 1,11~LF~I2d, at[I(~ · ) MrtS, pOSt, at , 115 LEd 2d, aS 527, tlmt the purpcme of ~scrictin2 nudit7 in public pla~s in Zenmrsi is t~ protract nooconmucinZ pattisin purpmJ ~,w-O'l: apply and the only remaix~2 p~ mus~ relate to per~r~sna Perhaps the disssnmrs bells that "offms to might to be the only reams for erafly, but there is no basis for ~k-i~_~ that our society hss ever shared tinst Thomuvian *'you-may- do-what-you-!i~m-so-lon24s-it-does- na-injure4omeene-eism" bemu idael ~nuch lees for tkiwir;._e that it was written into the Constitution. The ieUJly c~sentin2 sdults crx~vded into were uo~ au off'ended i~u_~ce_nt in the crowd. Our __-ocj',~y prohibits, and all humsn _-~_',~ies ~ve 9xuhibitsd, hsrm ofters but bxauss they are **conlra bonol morere," LS., In Az~ mx~, such prohibi- tsore have included, rot and sodomy. ~ ~ rn~y be ~ divermt'y of view on wiae~her Law is "lmMeml' for the pmmmt lmarpmm if it that--~%ctmmCmscmd~,tndi- withmtk-prfvscyoftbsl~mas,(T'Datisngt exist (thou2h I have found few remdy to sbandox~ in principle, aU of them) there is no doubt thaf~ absent spe* ci~ constitutional proxection for the conduct involved. the Constitution doem not prohibit them simply catme they re,re "morality." See Bowers v Hardwick, 478 US 186, 196, 9~ LEd 2d 140, 106 S Ct ~41 (1986) (upho.~J~-_' prohibition of pri- Mrely on "ths prem.msd belief of a majority of tha electorarm in jurisdic~n] that h~ sud- omy is i,~,~oral and uns~ls'~. SM ~ Psrls Adult Tbss~,m I v Slatou, 413 US 49, 88, n 15, 37 LEd ~d 448, 93 S Ct ~ (1973Y, D~usn- buf2vZsch, Z~gUS AppDClllg, ~38, and n 6, 741 F~d 1388, and n 6 (1984) (opin~ ~f B~ J.). ss b~th its tsxt snd ths ,~,-~- its enfor~ment ,tmmma~tratm, is to enform thin trmiitional mortl ~ that IMopls should not expmm their prdims of whether thoM who sM them arw d~sedified. Sin~ timt is too, the d~Mmt lain no binsis for posit~q ~ where only thorvufaly. miifimi adults m presmat, the putpare must be repr~n of c~unication,' [10'] Since ths ~ re2ulation is a 2eneral law not spscifically tar- mme~mmths,-~--.--iswed~maamd F~ ~0 ,~ Jut 2d, mt 472-474.) BI2 thlt mtm~tlMlsw:,msmsyn~tpnmbin c~uveyammm~andsimilariyooemey~o U-~. S{ CXX.rRT PJE~mO~ l~LF, d2d amd at axprmmive conduc~, its ap- plicaldou ~o such conduc~ deem no~ in my view impikam the Fum~ Ameud- menf. " · The ~ Amendment explicitly have suffes~L ss e{., Unitsd Statss v O'Brim~ 391 U5 20 LEd 2d 672, ~ S Ct 1~73 (1{) --fht it Is jumibd by an rout or suimian~jal' awernment in- sc ~ Nor do our holdin~ ~. [and] of ths press"'oral and writ~n .|'. ,pinch--as "expnmiv, conduct" ntidsmt the application or · erat taw simply bscaum r. ks conduct ~ WhenanYlawrmu'icm'lmch'eveu tlat it rmched was being mnlllmd in for a putpore that has n~ ~-- to do ' withf~esupinmionofcon~unica- forupmsivepuqmandtheS~v- · ,, ti~n (for intorim, to reduce noise, erument could n~ dsmonstnto a see 8sia v New York, 334 US 558, s~mcisntly impomnt mintons. d 581. 92 LEd 1574, 68 S Ct 1148 [ms] This is not to say tlat the (1948), to rqulam election cam- Fa~ Amendment aimis no · I. !aiam, mBuckteyvVaJ~424US tiou to expremve cooduff, Where .Ms~...~Sv ch, i-,~l ~,-ir ~mssssSs' .e~l~ nudity is nS tn___e~t). It reasonably be d,,,,,~ed~; I, I~, 4~ LEd 2d ~, 68 S Ct 6L2 the 2ovwrnmsnt prdn~its c~nduct (1976), or to prwvsnt ~tsrin2, Me prs~ss/y Schneider v SP.a~ 31~ US 147, 168, ~v~ al~:r~s~ss, we hold ths rs~Js- ~4 LEd 168, 60 S Ct 148 (1939)), ws ti~ uncons~itutisaL Sss, ei, i.s~st thst it meet the hi~ First- Unitsd Ststss v Eichman, 492 US Amendment mda~d of justifies .... ,llO LEd2d287, II05Ct2404 tia But virtually every law r~ (1990) (burn~ fis~, Terss v John- m, icts cmxdu~, and virtually ~ ama~491US3~7,10~L Ed2d342, pmkibitod c~aduet can for sn exprssiv~ pu~ only v W--k~_*~m, 418 US 40~ 41 LEd ex~ dths fat tbst ths actor '2d 84~948Ct2727 (197&) (def~ ~,~4:734 F2d 6(18, 609 (1984) (rinds US 503, 21 LEd 2d 731, 8S S Ct 733 thswfor~ thst re, sty restriction of expression incidenudly prmhced by a Senoral law rquiaUn~ conduc~ tiny, or ev~ ~3m ofour cssms sttrfimmwbsstbs-,.~,ssioqusMtonis (19~) (wsari~ blsck srm hnds); Brown v Louisisoa, 383 US 131, 15 LEd 2d 68~, 86 S Ct 719 (1966) (participst~mS in sibnt sit-in~, Strum- ~m~v Califorma, 283 US 3~, 75 L 1117, 51 S Ct 5a2. 73 ALE 1484 (1931) (flyin2 a red ~' In --~k of ths forqoin~ cssst we explicitly found that supprmi~ commu~m- asf. lmambytlsaty&rsss(sslsssumstbs ,d BARNES v GLEN THEATRE, I~C. (19~11 115LEdidS0~ tion was the object of the rqulafion of a,nduct. Where tbs~ has not been the csm~ however--where suppre~ sion of communicative use of the canduct wms merely the incidental ~ of forb~di-ff ~ Cs~dlLL~ for regulation to stand. O~z4-~. s91 I38. szs77, 20LEd2d67~. 688Ct 1673 asw bmnniug destruction of drsit Superior Cou~ THai Iawyerm Am~, 498 US 411, 107 L Rd 2d 8~1, ll0 S Cl 768 (1990) (8hermmn Ac$ upheld 8ta*-- v A~xrtinL 472 US 675, 687- 68~86LEd2dlSa, 106$Ct2897 (198~) (rule barring petitioner from rni!liax7 bess upheld in appli~sfion afire Nea-Viol~cs, 468 US ~88, 82 LEd 2d 221, 104 S Ct 3066 (1984) (rule bertinS sisspine in perks up- held in application qsi,~ irasons tim p~Sht of hamelem). As we clearly expremed the poin~ in John- taffy no~ some of our discussims) suppor~ the conclusion tba~ only First Amendment analysis ap- plicable to laws tha~ do no~ directly or indixec~y impede spmch is thrmhold inquh7 of whettsar the purpose of the law is to suppiss endofthsmattermfaruFhZ Amendmen~ Sumsnteee am todetarminewhethertbereismab- mtial jtmitl~slian for the Violshin v Wsl~. 227 U$ At~ DO 19, ~ 703 P2d __!51~_. ~ (1~} (~n bss~} (Scslis. J., disrealize). (f~,tno~ omit't~l; ~nphssis omR~M), rev'd ~ v Oommmsity fro' alive Non-Viol,,n~s. 4a~ U8 ~ L F~l 2d 2~1. 104 R C~ ~ eminent does no~ sc~ fo supprm ,',,,,,,,,,,,,;,-tion, without requiriz~ lation) sin'rive am enham:ed level of We hsve explicitly edop~ such a rs~imsinanotherFL-~tAmsndmsnt ,',,4 in reetrice,,~ expree. of Human Reeourae v S~-t/~ sivm conduct thsn it ham in re- US ,10(I LEd2d676,114) SGt stric~ thin wriCtsn or spoken 1~ (1990), ww hsld that w~rcL It my not. howsvwr. ~ Ltwa not spscfiically tat"Wwtst at scribe part~, ~-conduc~ lx~cs,,m 2iota practices did not req~re it hu expremive element~ What I, sl,ktened ~ Amendmemt xru- alised 2xmranf~e oe fi~edom of ez- some peoplm's ability f~ prsctks namm of conduct an inadequate bsm ~or eln=l;.= OUt the. for ~' 491 US, at 406, 10~LEd2dI~2,109SCt2M3 All our holdina (thouSb ability to enforte 2ensrally appfics- ble prohibi~one of scci~ly hsrm/bl condu~ liks its ~bil~t7 to csrr~ out order upscU of public l~licy, not depend on meeurb~ the efecta of a s~nmen~al a~ion on a reS- tions objector's spiritual develop- mm i U.S. SUPREME COURT REPORTS 115 LEd 2d m menL'" Id., at . , 10~t LEd 2d 676, ment intorest; ~ especially of ~ 110 S Ct 1595, quoting Ly~ v North- wes~ Indian Cemetory Protootive As~,4~US439,451,99LEd~i534, 10~ S Ct 1319 (198~, see also Miners- vllla Sehcel DistrictvC,~i~ 310 586,59~59~,84LEd1375,6OSCt 1010, 1~7 ALR 1493 (1940) (Frank- furre-, J.) CConzcien~io~s scraplee haw not, in the course of the lox~ stru~e for rel~oue toleration, llavsd the individual from obedience to a 2ensral law not aimed at the proracCOon or rm~iction of reli~ous tO app/y thi. appp~_Ph to th~ few c.n pl-usibJy smart that their ~lle~alc~nduotisl~inSenga2edinfor r~l.~O tll r~alO[ll; but -ImOl~ ~ riOhit2 a~lc~ ally law me a mmmn- ofexprms~m. In thsons cMe, uin ths other, fithe law is not dirsc~ the prefx'~l value (religion or prem~n) the law muot be [1o] While [ do net thi,,,k the plu- rality's c~aclus~ons differ greatJy .ffum my own, I emnnot entirely en- 8~Sits reuonin~, Th~ plurality e~.port~ to apply to ~ general law, ~ as it re~lato, ~ allae- edly expressive conduct, an interme- diate level of First Amendment scru- subs~ntia4"' ante, at , 115 L Ed 2d. at 512. quoting O'Briem 391 US. at~/,20L Ed2d6'/2. SSS Ct 1673. As I have indicated, I do not emma I ~Int, We .heuld awid whet- 520 government intoreeta Lu various pee~s of mora~ty. Neither of the cases that the plu- tAnco" of the State', intereat here, see'nto, at--- ,llSLEd2d, at 513-514, is in point. Pax, is Adult Theatre I v Sla~on, 413 US, st 6L37LEd2d44~,93SCt26~aud Bowers v Hsdwir~ 478 U~ at 19~, 9~L Ed 2d 140, 106 SCt~41, did uphold laWe VroblbittnX priveto co~ duct bessi on cor.~res of doc~cy sad merslity;, but nsither uhrly "imp~rtont" or 'subsu~fiaL" or amoun~sd to anythlne more than a rst/oms//ssis for reSulat~ ton involved an exhibition which, since i~ wss obscene and at lesot to some er2n~ public, was anprotsctod Unitod Stato~ 354 US 47~ 1 LEd 2d 1496, T7 S Ct 1304 (1967);, ths Stsm's prehibitioa cmxld thafefere be iavalids2d o~y if riohal bss~ We found that Stato's 'rt2ht ... in msintoin · decent society" pr~vidsd a mato~ besis for re2ulatio~ c~n as to olscene mstorlal viswed by con- seven_- adults. 413 US, at 594~, 37 era, w~ held that ~n~ homeserial behavior is not a fundamenxsl r~ht, a Gser2la law pmhib~n_- homcssxual intorcourss nssdsd only a ra~mal basis in order to comgly pr~vidsd tkat ra~ona/besi~ 473 st 19S, ~ LEd 2d 140, 10S S Ct 2S41. I wouM uphold ths Indians ststuto on precissly ths ssms ~oun& mora/oppsition to nudity supplies a ra~onal besis J~or its pro- 4 BARNES v GLI~N THEATRE (1~1) 115 L FA 2d 804 _ms~t kss no application to this case no more tk,,, that is needed. Indiana rosy COnStitUtionally en- form its prohibition of public nudity ev~nagakmtthosswhocho~s~tous~ public nudity ss a means d nicafi~n. The State is r~tlstl-_* con- duc~ not expression. and flame who chrome to employ conduct as a mesas of sxprs~on must m,~, sure that ally forbidde~ For these reasons, I s2xee t~at the judSment should be Justice Souter, concurrin~ in the [s,] Not all dancin~ is entitled First Amendment ~n as ex- prmsive -.-U,i~y. This Court ~ pr~ viously caM2orized '~uarl,~om ss bey~md the Anmndment's protec- tion, I~,-- v S~|in: 490 US 19, 24-25, 104 LEd 2d 1S, 109 -q Ct 1591 (1989), and dsncinS as serobic exer- cise would likewise be outside the First Amendment's concern. But danci~ ss a perfor,,-,n~e dizec2d to an serial or hypothetical audience gives expremion a~ least to 2eneral- ized emoEion or £eelin2, and where the aa-~er is nude or nearly so ryinl an endo~m~men~ of stoic expe- AlthouSh such perform,nce per se is not. It is · condition, not an tion of that condition. without more. appsrenti~ erp_m~___ noth!,_~ beyond the view that the condition is since- how appropriatm to thm ciz~una- stanc~ But evwry voluntary act im- cation is thus sO COmmt~l ~ real that ~m._. all voluntary activ- captofexprmMiontottmpointofthm --niw$1- A March for sores ex- DDthis~_~' a psl~oll rosy Ch~MS8 Bil- dity, for example, for m.-i,-um sun- bstki._~ But when nudity is ~m- ~mis~ly ~ el~ the forc~ Of ex- prsmon, and a dancsr's acts in ing from clothid to ntuis, as in a ~=~r~ snd its ~mssivs functio~ ths disssnt thst an int~rst in f~sl~ en~qin~ in ths nuds ~ at iMuehm~issubj~ttoadilrssof First Aresraiment [~, 3~] I also s~nm with ths plu- ralit7 that ths appropriats ansl~is tO determine the aet~a~ required by the Firs~ Amendmen~ is the four-par~ enquix~ dineribbed in Unj. Xed States v O'Brieu~iS~F~oUS 3(ff, 20L Ed2d672.881t~trt~r3 (19~8). for juda~uZ th~ limits of prssmvw actm as distinct from pur~ ~P~'___h or reprmmntation. I noneth~ lemm wri*.~ Mparatmly to rmst my con- ctu'rem in the indent, not on thm prosibis s-m,4ency of societ~s moral v~ews t~ justify the i~mltstions ot issue. but on the Ststs's suistantial effeots of edul~ enterts/nmen~ estab- lishments of the sort typified by re- spondeats' estab,,k.~en.t~ It is. of course. tnae that this justi- fication has not been articulated by i :i i .a SUPREME COURT REPORTS llSLEd2d Indi~'s le~isisturm or by its courts. Aa tim plurality ob~ doM n~ ~ 1~ ~, p~," ~ ~ m~ ... think ~ ~ ~ ~ M ~t O~- ~ m i~ h j~n ~ ~on ~t ~ mmm ~ a~ B~ ~ P~nm 384,20LEd2d672, BSSCtlGT3. ln my view, the intmrmst Mm~mi by petitioners in preventi~ prOra- tion, sexlml tumult, and other crhni- not a just~cation for all applications o~ t/~ statute, is cutdent under O~rien to justi~ the Statm's forcement o~ the statute qainst the type of ladtilt enl~rtaifimmnt at Mum here. At the oufMt, it is clear that the prevention of such svils fa~ the c~n~*i~xat~o~l tu~r of ths St~t~ which i the O~rien criterion. See id., at 377, 20 LEd 2d 6T~, 88 S Ct 1673. The second O~rien pron2 o-k- whether ant or substantial Soremarital in- t~"Ibid, Thsamm-tmdstmin- ~ asserted justification for the trust is pld~nly a sulastmnfiai onto; statute my not M i6aaormd merwly thm o~ly qumml;i~ il wlam~Jamr prohib~ Muse it is unclear to w~mt extent itl-e nuds ~ of tim sort at this putpine motivstad the ~,ai..,. imue here "~u'r. herm" tJmt interest. LeSislature in en~rt~n~ tlae ststut~ believe that our cams hvm ad- Our appropriate focus is not an era- dressed this queerion sufficisntly to ph~c~enql~into the sctual intent eetabl~h that. itd~m. of the ena~n_~ le~sl~mrw, but rather the existence or not of a cur- In Renton v Playtime lnc. 475 US 41, 89 L Ed 2d 29,108 S ,) tivw inMut). S Ct 1101 (194)1). At lmsst as to the rqu~tion of ez'premive ~nduct,s '*Cw)e dealion r,o void [a statut,] sm~t~aHy on thin 2x~mad that it unwise le~shfion which [ths le~sla- initser~tformffthssmor anallint tqislstor mad, a spm~h abeut it." O'Brima, suprt st 57s, ~ L gd Jd ~10, ZG'/8 Ct 2M3 (em,4k~-_- domam satin m ~ satis~m ths ssmm~ ~,~,,4 of O~fimm.m expp.~__c~"391UKatS77,20LEd 2d 672, 88 8 Ct 1673, ..,4; facs, th~ $vv~p,,~m, tsl iut~ cambating prmtitutiou and othsr ll~LRdJd p~Misina ['am] thouS~u and [sap.mad bF nude dandual in minds ~ b ~ mF l~ ~i~To~~ ~n ~y m. It ~ ~ n~ ~. I ) BARNE~ v GLE~I THEATRE, (1~1) 116 LEd ~d emetbd to ~rther the ;Nernme- tal interat, requirm UCde discus- zion. Putin and .a ~ mode- ate dae ezpremion to tome degree, to be m bu~ only to a dqree. Drop uprms the sr~dc mm Nor, so ~srssw~arsmld, is thsdancm'or her emplolmr :;--';ted by anythi-_- d~rtdd~saitT!awsf~muprms- ~ an er,~ messale b~ arl~+~ ~ I}~ ,ep,, ~-tal';,m,l means; a ixrno~rapbic morn featuring one of rmlxmdent& for exmnple~ was phy- in~ ----by without any interference JustimWhit&withwbomJustice pt~Xecfiontobea~ordadtolbo.ex- MsnhslL Justice Blsekmtm, and premive condu~t st imu~nnd mug Justice gteveas ~ dilmnfi]~. Clet~rml-e whereof tat b ~ ufm &.. au impermmaibb infrb:pment us in this cue is whether nono~- stone nude daneinS performed u ,115 LEd 2d, at 611. For Zuid- m U.S. SUPREME COURT REPORTS Stars v O~z~m~ 391 US 3(if, ~0 L anything Iss than ~ ~ ~ ~ ~ 0~ for ~p~ ~b~ ~ ~t ~ ~ ~t or ~ ~ ~ at ~ ~ mm's ~ ~ ~ ~ S it ~ opinion overtook a l~mdamsatsl criticsl sspmct of our cams uphaldin~ thaatstss'sxsrcisofthsirpol~s powsrt Noms of ths ~sss thsy' rsly upon, inctmiin~ O'Brisn snd v ~ 478 US 186, 140, 10~ 8 Ct 2841 (1988), involved We m mid by tiara Attonmy 6sn- sralo~lndianathat, inStatsvBmy- sin~r, 2T~lmt~8,3f/N~l~80 (1~), ~ ~ Sum ~ ~ ~ dana ~t n~ sa~~f~ ~i~ B~ for P~am ~, ~ 31; Reply Brief for Petitioners 9-11. Petitionemebostatothattheevib ,ought to be avoided by applyinS the statutm in ~J~{a cam winrid not obtain such M Saleme or Hair. Id., at 11-12. ths 8tss has attsmptst to apply ths such as phys. IsBsts or opera "No nudity ss part of a play or hllS," App 19 (a2davit of Sft T~mothy (k] Thu& ~ ~ rata ie fikspubllcplacemimtoprotectothers ~rom offense. But that couJd not eibly be tiara purlsMs of prewntin~ nude A=sp;,_, in rheaterm ~nd bar- r~ms slum the viewere m mively cOnSeV,i,',~ sdUlts who'pay mmaeytoseethmedamoes~T~epur- wba~ the State believes i~' the harm- muS Timis is why Clark v CAm- muttiCy for Creative Nmm-Viobnce, 4~US288,82LEdlM2~I, If'$S Ot ~ (1~84), is d no help to tim not a ;msrsJ prohibition of ths type StaM:'~Chrk...thsdama~o wwhaveuphmJdinpriorcsse~Ama ~l~Parbw~th~ammQwh~6h~rtk~ ree~dt, tJae C~urrs ~ Justice ~ sieeperm ~ eam~ out for fun. lia's sinaplo rm~mmncmm m tk~ Stafa'l we~ ~ flc~hOzwak~, or Wjabtar] by &~mneral intere~ in p,,,~mtiz~ sccis- demptn~in thm park to makm asym- dent jus~tion for a stmtuts whlph ha" 904 F2d, at 1103 (Paner, co~c~l~Lly ~ a, ~Iipmw¢ J-, CO~. ~ C~ be said aresrot of pr~mc2d uprssive s~ in t. hia cue:tise permived ama~,e to O'Briea tat, mRe obl~atad to iz~nudson thsstrsMsor inthm State h~ chomm to re~atm this Stare Meks to avoid in pr~endnf expremive conduct in a lem than nude dmac~ in thea2m aud tav- geaeral m~e. Lu ~ tomb, er~. Them the perc~ved .harm la dram a line between erpremive con- erotic m. As the 8tam now i plum tho btule on the State to uto to th~ ntld8 ~ iJ] thle M jusfifythedi~ithasmsd~ Clossr inquiry as to ths purpose of the statute is suz~ly appro~ LeGishtors do uo$ just rs~df~51y mlect ~in conduct for lnmaip. Indmd, · lsw my have multiple p~opM ~ ap~arinK nude in park~ bmchea. ho~ dq atands. and is "d~r~nc2 of prm~tution, satrod assault& criminsl activity, deSrada.- tima of womeu, and ot~ sccivitis which bresk down family m'uamart" Rmpiy Brig for Petitiaen 11. The al~ainm~nt of them g~ak, hmmver, depends on prevent:izq an ezprmsiv~ The CoLu. t never~lem holds that the third Fequirement of the O'grieu be unretated to the suppp.~on of Ims U~. { COURT ll/sLFa2d ~m, expression, is satis~ed because the dana not merely incidental ·. 'in applying the xtatutm to nude dan~ "conduct." We ha~w previmaly ~ the State is not "promcribin~ l~inted out tJxmt "In]miity alone' '~ 'nuditybeeauaeoftheerx~;icmemsm2e alms n~t ptscs ot~ protl~ .~ ~conveymt by the dance~" A=~, at naCerisl outside the mantle of the 'E , 115 LEd ~d, st 514. The First Ax~t' _= cam the State does not ban dmn~ 6~1, 101 S Ct 2178 (1981~ that sends an erotic xnemsmZe; it is i on~ynudmerot~cdmxtcizqtbatisfor- This bein2 thm a it cannot be : bkh The pmr~ ~ is not dmt the statutory prohibitires is w} erotic dancing but publk nudity, tam State permits tIM danemrs ~ whichmsybeprohibitmidemlmitmany !mmr~onn~thly~m* · ~-,~ --tsl Lmpsct on expressive so- str~ but forbids nods .,s~,,, it tivm, sxpremive tmstoftimnmie t conveys an erotic a and con- apply ths ststutory pr~kikltim. It is cedes thst tim mMmp w~mld be only bscauM nuds dmacinS peff~ °i .m~ut~e' i~ the ~-~,-q wore psstiss mamcM may prierate -, 04~-_~hadud. emo~omi re.UnSsofem~d. manduu.sUty · thsCour~ofAppais, thsnudityd I.~,' ~ amt ~ in ths m and tl~uSixm tht · nude ba2emd l~Mtitut~on ,..,t the dancing performance evoke~ I~, st dadea o~ womea. But 1090-I09t The sight of a ~tlly thought&/dea ,,,A emotions is the dotl~d,,or even a pa~,lly clo~kwl amm~e of conlnlm Th~ nu- ~,rmiiy wifi lave a Ir dif: d~Cy element of nude dancinS perror- :inB~e'aspact ,a. a rotor t ,,n ma~ee ~nnot ~ umatly pipma- tbst of a nude dsncer, evea if~ holed u merw "conduct" badepen- mine dance is performm~ Ths nuditT dsnt of shy exlffsmi~ romporient of the thi~mlm~ss~'UMO'Brkm is bMis fax its sMobsts p.~o.~ mm Jmll~8o~llnl~lilisstb-"*ml~lmld dmaa mbmm md tb~nam m~ ttmTIMma ln~dTlLl~dl, 82LEd2dl~, 5mm ' I eordaf ths pudm-mamm. st isu~ h~u, In Tuss v Johnsore 491 397, l1141J, ltJ L ~l'Jd 34J. C~ 2~3 (lJ), t~o Courj o~mrvud: "W~tber Jolm~'~ t~lamt of ths ~ag violarod Tasu law thus d~- .... Ws mua thar~om ~ ths -qe~,s's MSm~ ~tsmm; ia !zrssm~ [(1988)~" Gmtant b~md rmtrictions "will be upheld only if narrowly govsrnmsa~al t~t~rsstJ' United 8m v G~~', 461 bl 171, ITS, 7B LEd 2d 736, i03 Ine. vl~C, 492 US llS, 1R'106L FA 2d 9S, 10S B Ct 22S (lseeL No~ki,,_= could bs ckamr ... Kitty K~t I~-_~ my not be appsal to ths Court, is bardlysa ramuse for ~ta~,,~-._= ,---~ of ~he ~ merits of nmiw the detsr'mlmi-_~ cbis cast ln the words of Juattes tutsamis~rk~olarplytoths US lS, 26,29L~d2d284,918Ct 1~80 (1971~ ,~r~k.n, u2nt afor~d by a nuds BARNES v Gr:~ THEATRR r~rc. (lSel) l16L~i~l~04 ..) II~LF-,d~I 'York Stars Liquor Authority v Bdt- lama, 4~2 US 714,. 60 LEd 2d 101 S Ct 2ff~O (1981) (psr curiare); quality of the forbi~len eonduc~ and d~aofthmlawistoptmeribsemx- duet that is unquestionably Non-Viotmxn, v Watt, 227 US App DC 19, ?0a F2d 686, 622-623 (ISSS) ~ ~ time Justice's m, opmition to nmle aSmannms in pu~ic plains, First Amsndmsnt is h-mlsvsnt and rom~may be forb/dden, irnepecdve [41~1 A~ I have pointed out ho~ swr, ths prsmiss for tIM Justics'e p~mitima--thmt thm mtuts is · sm/law~fthmtypsmarcsuscms- tsmpls~ nonsxistmat in this caM. 1~ to Justits 8cslia's own hypothsticai makss this clsar, We agrss with Jus~ Scsdis that ths Indians statuts would not ps~ expmetbsmeelvmtoewr. hoClm-i~ theHoceierdeme. No~mecandou~ ths rinds for hours in front of ~ timsmifrimtd~Itisdi~culttosm ciaJiy if, ssjusticm Scaljasssmsto suagmst, nudity is inhsmttly evil, but clsarly ~ stsmts dssss na out ~srlimr, ths Stats's faihm to mmsf~r.~diaitu~l~mst. hs~ta~ has drawn. See suprs, at --, 115 L Ed2d, at527. epomteta', ' k}i-~,,,~et~ ;.,, to tire m ~ nuds dmacia~. ~ b~n2ChscsaJus~e~Lia',olmf- vation js fully app~able hex~ m~vs sttr~utsS v~ hold the at -----, lIB LEd 2d, at 518. TtMO~t~xdscisioudommghslp 0! BARNES v GLEN THEATRE, INC. (1~1~ 11~ LEd 2d 804 sours v Smith, 494 US .... 108 L part of or occurred within tits courm Ed ~d 876, 110 S Ct 1596 (1990), is of an otherwise ~ m~l~ms ~ n~ on point The I~-~- ceremony, but because a pneral law law, as appl~d ~ nude ,a,,,,~,.,_% ax'-.made it so and was su~ by fJ2 Ind~ananudityinadancm2perfor- tanssino~aea no~ cdxn~K~ml bei:s, ujs ~ use 'm m~mt I t ,I ) HOUSTON CITY COUNCIL COMMITTEE ON THE REGULATION OF SEXUALLY O~IENTED BUSINESSES March 5, 1986 LEGISLATIVE REPORT ON AN ORDINANCE AMENDING SECTION 28-35 OF THE CODE OF ORDINANCES OF THE CITT OF HOUSTON, TEXAS, BT ENACTING OF A NEW ARTICLE III OF CHAPTER 28; PROVIDING FOR THE REGULATION OF THE LOC~TION OF CERTAIN SEXUALLY OBIENTED BUSINHSSES; PROVIDING FOR THE REGULATION OF THE EXTERIOR ~ORTION AND SIGNAGE OF ____.SEXUALLT ORIENTED BUSINESSES, ADULT.~OO[~TORES, AND ADULT MOVIE ..... THEATRES; "~AKING VARIOUS'i~ROVISIONS AND FINDINGS RELATED TO THE SUBJHCT; PROVIDING FOR SEVERABILITY; AND DECLARING ~N EMERGHNCT. 00.109- 1 COhMITTEE ON THE REGULATION uF SEXUALLY ORIENTED BUSINESSES SUPPLEMENTAL LEGISLATIVE REPORT TABLE OF CONTENTS INTRODUCTION ' Purpole of the Supplemental Report ....................... .Contetra of the Supplemem:al Report ...................... HISTORY AND CONTENT OF THE ORIGINAL ORDINANCE .............. 4 Formation of the Committee ............................... 4 Charge of the Committee ............................ . ..... 4 Com=intee Processes and Bearings ......................... & THE AMENDED ORDINANCE: HISTORT AND DEVELOPMENT ............ 5 Events Subsequent to Passage of the Origlnsl Ordinance... 5 Committee Processes and Hearing .......................... 6 AnslTsis of Evidence and Bearing Testimouy ............... 6 Prior Testimony ............... ' ........................... 7 --Additional Findings and Conclusioms.%-;-'.'v..' ..... ~'..'.~';.'... 8 COMMITTEE RECOMMENDATIONS .................................. 11 Synopsis of Recommendations .............................. 11 Recommendation I: Distance Provisions ................... Recommendation II: Responsibility for Permitting ........ 13 Recommeudatiom III: Procedural Streamlining and Clarification ...................................... He:ommendanlou IV: Licensed Day Care Came.re ............. Section 28-122. Definitions ................... General "Achromatic" ................................ "Adult Lounge" .............................. "Advertising" ............................... "Applicant". ................................ .......... 15 .......... 15 .......... ]5 .......... 15 001095 "Church" ............................... "Commercial Enterprise" ................ "Conduct Amy Business In An En=erprise" ............................. "Licensed Day Care Center" .......... "M·slage P·rlor" ........... .. ..... "Ovner or Ovnerl" ..... .;..... ....... , "Regula:ed EaCablilhmen=" ............ "Zeliden:i·l" ........................ "Sign" .............. , ..................... ,.. Section 28-123. Fermi: Applications ........... Section 28-123 (b)(l). Fees ................. Section 28-123 (c)(1). Oath ................. Section 28-125. Grounds for Permit Issuance or ............. 16 .......... 17 .......... 17 ........ 17 ........ 17 ...... 18 ...... 18 ....... 18 ....... 18 ....... 18 Deni·l...18 Set=ion 28-125 (c). Timely and Lame Applications ...... 19 Section 28-125 (d). Procedural Ha:tars ................. 19 Set:ion 28-125 (g). Failure of Ci=y =o Ac=. ........... 19 Sac=ion 25-126. Transfers of Permits .................... 20 Set=ion 28-127. levocaticn or Suspension.... ............ 20 Section 28-127 (b) and (c), Revocation or Suspension of Permira ......................... ~ ................. 20 Set:ion 28-128. O=ber Fermi: ?rovisions ................. 20 Section 28-130, SiS:age ................................. 21 --Sac=inn 28-131. Persons Younger Than-Z7 ................. 21- Sac:ion 28-135. Mat=ere of I:ple:en=a=ion ............... 21 INTRODUCTION Purpose of the Su~nlemen=sl Re,or:. This Legisla=ive Report ban been prepared by the commit=so on =he legula=ion of Sexually Orlen=ed Businesses =o summarize the Commi==ee's york in prep·ring a proposed imendmen~ to Section 28-3} of =be Code of Ordinances of the City of ~ousCon, popularly knovn as "Sexu·lly Orle:=ed Iueinese Ordinance". Con=e==· of Legislative Report =he original have occurred the commi=tee york done in (=he "Amended · n·lysis of Ordinances. Su~lemen=al Xe~ort. This Supplemammal briefly summ·rizes =he history ·rid content of ordinance (=he "Original Ordinance")s eve:re =ha: since passage of the Orlginal Ordinance than caused ~o consider modific·=ions =o its original york, the propar·rio: of amendme:ms =n the Original Ordinance Ordinance"), and offers · brief set=ion-by-set:ion =he differences be=yes: =he Original and Amended 001096 Caveats. T~ Su~ e=ental Legislative Re~. is ~ct i:te~ded a leEal treatise on the regulation of sexual!y oriented businesses. The ~arioum legal issues raised durL~g t~e co=mittee's deIiberstions are dealt with here from a !ay:a='s perspective, although it is the lavyer's perspective that uDdergirds the A=eude~ Ordinance. The purpose of this Eeport to explain to me=bets of Council, aDS EO the public, what the Co:rites has reco=mended, and why. For these reasons, the Supplerents1 Legislative Report is not snoutdied vith footnotes, alnbou&h all of the information ks drawn from materials transcrip=m compiled .by the Co=zi:tee sod available as s matter of public record. BISTORY AND CONTENT OF THE ORIGINAL ORDINANCE For~at~ou of the Committee. On September 27, 1982, the mayor announced formation of · committee o~ Council Members for the putpole of determining the need for end appropriate means of regulating sexually oriented businesses in' Sou,ton. The committee was formed in response to growing communit) concerns about the proliferation of sexually oriented businesses in the c~ty. The committee was composed of Council Members George Grean~asm Dale M. Gorczynskl and Christin )Iartuog; Coomoll Member Gresn~ss vii appointe~ Chair. Chsrze of Coumlttee. The core questions before the committee had previously been summsrize~ in a memorandum dated September 20, 1982. from Council Member Gre·niss to the mayor: "The ~mportance of the city's ability to des1 meanlngfullly vicb the issue of sexually orlen=ed businesses should not be ..... underestimateS.- To some it may seem's parochial questionS' relevant only to those who live ~n ·ream where sexually oriented businesses have located; to others it may appear just one more item on the agends of those who are convince~ that the city is in the terminal throes of sexual degradation on every front. "But the problem imposed by these sexually oriented businesses is much broader in its implications, and runs directly to the heart of our present pollcles on land use. Does our dec$llon not to impose zoning carry with it the requirement that we ~ot seek to moderate the influence sexually oriented businesses on our neighborhoods? Does our decision not to impose zoning tie our hands ~n de·lin~ with the collateral criminal activity that apparently attached to some of these operations?" Committee Froceases and ~esriu~s. The committee conducted its work in several phases- The first phase involves · aeries of public hearings in severn1 parts of the city. as yell as at City Ball. - A - 001.0'3'/ Af:er :be f~rs~ se~ c~ hearings had been coxplated, ~be vent ~n~o executive sessions ~o meet vi~h represeo:ar, ives cf Legal Department ~o revlev :be ~es~i:ouy gathered iu the bearings, as veil as to discuss the results of scarf research the subject. In May, 1983, :be conmlttee published a draft of proposed ordlna:ce regulating sexually oriented businesses in the city of Ecustnn. Further public bearings vere held on the proposed ordinance. Based upon these further bearings, committee vent back into executive session to make further reflneme:ta in the ordioance. The final version of the Original Ordinance yea introduced onto she Council Agerids on November 1983. The Orlginal Ordinance yea adopted unanimously by Council upon its third reading on December 1, 1983. Upon passage of Original Ordinance, the committee ceased ~o funonion, A more detailed sam=anent of :he origins and establishment of the commitnee, as yell as of :he process leadlng to presents:ion of the Original Ordinance, may be found in :he Legislative Repor: for :he Origlnal Ordinance, which yes received by Ci:y Council and filed vi:h the Ci:y Secretary on November 30, 1983. TEE A~ENDED ORDINANCE: ~I~TORT AND DEVELOPMENT Events Subsequent to Passage of the Origins1 Ordinance. During the dellbeta:ions of the commi:tee on :he Original Ordinance, one of the key questions vat whether sexually oriented businesses licensed by the state of Texas to sell alcoholic beverages should be made subject t· the distance provisCon. I c~ the ordinance. The committee concluded that while :here yes ample evidence both in the testimony and independen~ staff research to making such businesses subject to the distance prowlsons, state lay preemp~ed the city'a ability to do so, is yes stated_in..the...Legislative R&part, "(a)dult bookstores, a'd'ult movie theatres and businesses licensed to sell alc·holic beverages are exempted because of apparent proamp:ion by state lay .... " In 1985, the apparent preemp:ion by state lay with reference to businesses licensed to sell alcoholic beverages was eliminated. In thaZ year, the Texas Stare Legislature thr·ugh Senate Bill 106 ("8B106") gave municipalities the right to regulate the ability of sexually oriented businesses licensed to sell alcoholic beverages co locate vitbln the community, lmong ~he chief proponents o~ this change in state lay. was Council Member Christin Slattung, also · member o~ the commltcee, After passage of S1106, the mayor reconvened the committee, The 'mayor charged the committee with revleving the implications of SILO6 and considering possible amendments :o :be Original Ordinance based on the changes that had been affected in stare law. Although ~be initial intention in reconvenin2 the committee yes to look a: bringin2 :he Original Ordinance into conformity with cnrrent state lay, the comma:roe soon concluded that not only did dilficult issues preach: themselves vltb respect to 001.099 t·ki:g ·~ventage cf the new 8tats law, but that there ve:e also nu=erou· cther questions ·bout possible changes in the Cr!g!zal Ordinance th·~ =erited the coz=ittee's consideration. Co=rittee ?rocessem ·Dd [eerL~?. The committee determined there were three area· involving the Original Ordinance metlied review. Fir·t, the committee determined to examine the possibilities for taking full advantage of the change· in state lay affected by 5B106. Second, the committee decided that consideration ehoul~ be given to consolidating administrative respon·ibility for enforce=eat of the ordinance to eliminate problem· of implementation that bad been encountered during the prior too years. Third, the committee agreed to review possible procedural change· in the Orlgina~ Ordinance that would as·Sat the tit7 in expediting and ·treugtheuing enforce=eat of the lay. The committee also determined t~at the process by which review would take place should be a modified version of the procase e=ployed during passage of the Orlglnal Ordinance. Since many of the i·sues ariainn because of the review had already been · tudied during the disccasinos end dabstem on the Original Ordinance, the committee determined that fever bearings were re,mired and that subet·ntis1 effort ·hould he placed on examining the practical effects of the Orlginal Ordinance after two years in force. The committee further determined that · report on ~ts efforts in preparing recommended changes to the Orlginal Ordinance should he prepared to serve as · companion piece to the First Hapoft issue~ st the time of adoption of the Original Ordinance. On December 17s 1985, the committee held a public hearing in City Council Chambers to receive public com=ents on the propom·l to amend the Original Ordinance. Approx~mate17 twenty speakers representi:g organizations and indivlduals were heard. Although notices of the hearing were sent to all of the business·· identified by the Houston Police Department as sexually oriented businesses licensed by the state of Texas =o sell alcoholic heveragee~ and although the committee issued a second informal invitation at the hearing itself to the owners of such businesses to speaks no owner or operator of such s business chose ~o speak before the committee. In addit~on, no written communications commenting upon the proposed ordinance have been received from owners, operators or other representatives of such businesses. As was the case durinZ the hearing· ou the Or~glnal Ordinance, the committee ~nvited end encouraged · broad ramps of v~evpointa on the issues under examination. Such comments were made ~art of the public record of the committee by arranging for · stenographer to transcribe all present·alone made to the commitnee. However, as ~n the first met of hearings on the - 6 - ,00.109 Crlgioa! Ordina= . the co::i::ee drev sharp d!stizct!:: bet~ee~ its willimE:ess :o Per:it full express=on of diverse vieva and any agree:ant on the part of the co::it:ee to incorpora:e those re=arks vholeaale into the Amended Ordinance. As in its preparation of the Origlnal Ordinance, a chief purpose of the co::ittee was to evaluate the testicon7 and to set asLde those comments seen as not germane to the issues at band or ant dealins with the probiers press:ted, instead addressing those issues viihim the rightful purviev of the nit?. As in its hearings on the Original Ordinance, the committee chose to focus its efforts on land use issues rather than ~uee=inns of pormo&repby, oblneni=7 or no:duct ~hat sums me=bare of the cnm=unity might find ob3ectionable. The committee also focused close17 on businesses Chac are "sexua11~ oriented", and made every error: to ~nform the public as to the distinction such businesses and, for example, sin:lea bars. Finally, committee s:reesed, both at the hearin2 and in all of its deliberations, that the purpose of =he Amended Ordinance, as in the case of the OTiSins1 Ordinance, yes not the elim~na:ion of all sexually oriented businesses licensed by the state of Texas to eel1 alcoholic beyera=so. Instead, the purpose of the commi=tee as repea:edly sta~ed throughout its dellbares:ions to propose an Amended Ordimauce that vould so: defensible reXula=ory limlts on such businesses, feZold:cry limi=s vould vithe=and ]udiclal scrutiny. ~s yes the case vi=h the OriZiuel Ordinance, the committee's purpose in draftjut the Amended Ordinance vas no: to eliminate =he-opportunltiee for such businesses :o exls: in =he city of Prior Tes=imouv. In the hearinS held on Decether 17, 1985, the .... commit=so heard repea=ed man~ of the points raised in :he earlier hearlnge on =he Original Ordinance. For :h~s reason, the commit:so hereb7 adopcs by reference =he Legisis:lye Report issued in connection vith the Original Ordlnauce. Comments =ads in this Supplemen:a1 Letisle:ire Repor: covetint observations and findings made in the Le~isla=ive Repor: should be considered amplifina=ions and clarifications of the earlier findinKs of the committee. Alnhou=h the Lezislative Repor=, repetition here: hearln~e vere a brief summary amply reported in the of the key points marl= Firs:, the committee found :hat despite the beliefs of many Houstonions t:ba: such businesses should be banned al:oZether from the ci:~, such businesses do have a ri$h: under ~he lave and Conati:u:icn of :he United States :o ezisc. Second, :he commi:tee found thac despite the riZhta of those businesses =o exist, protection of :hose righ:s could be consistent with effective regulacory restrictions :ha: vould - 7 - 001 00 :~:~:i:e the adverse co:sequences of those businesses adjacemt areas and activities. Third, the committee found that such busicesses have a substantial megagave impact on their surrounding neighborhoods, including but not necessarily limited to adverse effects on area security, properc~ values potential for economic developsshim as yell as the general ~ualit7 of life'-- including among other things such issues as suitabilit~ for famil7 activities and stability of the neighborhood environment. Fourth, the committee found that the problems created by such businesses increased iu intensity and inadmissibility of solution vben the businesses are allowed to cluster, and that even if clustering is forbidden, restrictions on exterior slzeage and other exterior features are reasnuabl~ required to limit the detrimental effects of such businesses on other properties in the v~cluity of the business. Fifth, the committee found that sexual17 orieuted businesses are like17 contributory factors to criminal activities are encouraged as ancillary to these enterprises, whether direct17 within the confines of the establishment itself iu the area near the establlshueut. Sixth, the committee found that the legal remedies available to deal reasonabl7 and effective17 with such businesses prior to-passage or the'Origlnal Ordinance were extremely limited and difficult to use. Based upon the hearing held December 17m 1985m as yell as two ~ears' practical experience with the 0rlginal Ordinance, the committee in issuing this Supplemental Legislative Report explicitly reaffirms the findings let forth in the Legislative Report. The committee also finds aud affirms that the conclusions reached regarding sexually oriented busicesses covered iu the Orlglnal Ordinance also apply to sexually oriented businessel llceuled to sell alcoholic beverages. Additional Findlugs and Conclusious. Based upon the hearing held December 17, i~5, aa well as ca two years' practice1 experience with the Original Ordlnauce, the committee has also made additional findings end conclusions, as well as slabcrated upon findings and conclusions determined in the course o~ preparing the Original Ordinance. First, the committee found that the proliferatlon of sexually orieuted busicesses that sell alcoholic beverages is contributing to the difficulties being experienced by the city in its economic development efforts. Eftaim Getcan, Director of Planning and Development for the city of Rouston, and formerly a public - 8 O01].b San Actohio, drew a' sharp dis:iucticn for the tom=iotas be~ee= the images of San Antonio and Eouston in this regard. Director Garc~a stated t. hat based on his prcfegsional experie:ce, Eouston's repunatiou as a good place to ~nvee: -- aa a place which employers could readily persuade ezplcyees to move -- adversely affecned by the reputatlou iu the national press as a mecca ~hicb due to its lack of controls Eivee unusually ~ide latitude to sexually oriented businesses. Director Garcla opined chat Chls reputation. must he overcome if the city is to compete effectivel~ for new businesses. ~henher it is accurate or the committee concurs that this reputaicn is hurrah= the city's economic development efforts. Second, =he committee found that sexus117 oriented businesses, including ~hose licensed to sell alcoholic beverages, have adverse impacts on their surrounding neighborhoods, The committee determined that this was true whether or not the neighborhood val deed restricted, and regardless vhether the neighborhood was entirely residential or mixed-use in composition. Director Garcia indicated in his testimony that adverse consequences of such businesses fall with equal harshness on those neighborhoods tha= are deed restricted and those that are no=. He also indicated that such adverse consequences were of serious concern mot ~ust for residential neighborhoods, but also had siZnificant implications for mized-uee areas exhibitin= both residential and commercial characterlamina. Director Garcia indicated that i= is neighborhood stahilit~ and for further investment that a:e crlt~cal, and mot whether the neighborhood is totally realdennis1 and deed restricted. The tommar=as'concurs. In =he view of ~he committee, the role of Original Ordinance vie to enhance stabilit~ in all =~el Of neighborhoods: deed restricted residential, unrestricted residemtial and mixed areas. The commitnee finds that nhis purpose is worth7 of continuance and that it should he a principal goal of the Amended Ordinance. Third, =he committee fouud that the Origiual Ordinance has had a substantial positive impact on encouraging neighborhood stabill:7 and economic developmen=. The primary example of this positive impact has been evidenced on the ten blocks of Westhelmet Road between Mootrose Boulevard and BaZby g~reet. Prior to adoption of the Original Ordinance, approximately fourteen sexually oriented businesses -- exclusive of those licensed =o sell alcoholic beverages ~- operated on =hls portion of Was=helmet. The clustering of =base businesses gave nhe area a reputation for being · place where almost averTthing, from sex to drugs, was available, and encouraged ancillary activities such as street prostitution° drug sales and substantial traffic jams caused young people attracted to the are· by its reputatlou. In addition, residential areas im:ediately surrounding ~his sention of ~estheimer, as yell as commercial enterprises located on and ~ 9 o 00].1.0° ~esr the street, .feted fro= trezezdous Julia cf activity and criminal mischief associated vlth activities p!ace i~aide anJ outside the sexually otis:ted businesses. After passage of the Original Ordinance, major chamgea began taking place on the street. Today, the sate blocks of Wee=helmet have fever than four sexually oriented busi:es~es -- excluding any that might be licensed to sell alcoholic beverages -- and are beginnin~ to experience new economic develop=e::. While not all the credit for tbla turnaround can be ascribed to the Original Ordinance, a substantial amount of the impetus for chants did come from passage and enforcement of the law. Fourth, the committee foun~ that incorporating the existing distance requiremenns into the Amended Ordinance would not unduly, unfairly or improperly limit the ability of sexually oriented businesses to locate in Houston. In considering amendments to the Original Ordinance, and in particular the proposal that the distance provisions be extended to cover sexually oriented businesses licensed to sell alcoholic beverages, the committee was concerned that in adding another category of businesses the overall impact of the ordinance would become so restrictive as to be indefensible. For this reason, the committee requested that the Department of Planning and Development review the ordinance to determine whether the impact of extending its present distance limitations to such businesses would be unduly ram=rio=lye. In testimony presented at the .public hearing on December 17th , as well as in materlsls delivered to the committee, Mr. Joe Chow presented substantial testimony on two significant points. First, Mr. Chow auKgeared that to el=end the distance provisions of the Origlnal Ordinance to sexually oriented businesses 1lee=sad to eel1 alcoholic beverages-would'result in the'raises=ion of-approlmarely-forty ---' businesses. Mr. Chow further indicated that this-number would change only marglnally if licensed day care centers were added the list of protected activity centers, slot[ with churches and schools. Second, Mr. Chow's research suggested that there voul~ be at least ms =any alternative sites where such businesses could reasonably relocate. Mr. Chow testified that he had persnnnslly gone out and looked at about thirty-nine different locations throughout the city where such businesses could site themselves. Mr. Chow further testified that in his opinion and based upon his research and personal observation, there would be at least sixty sites available around the nitI for location'of such businesses. Fifth, the committee found that continuing the amortization provisions of the 0rig~nal Ordinance would be .preferable to grandfatherln2 the sexually oriented businesses licensed to sell alcoholic beverages and existing at the time of passage of the Amended Ordinance. Under the amortization provisions of the Origlnal Ordinance, a business regulated as to location had six months to come into compliance- However, if a business regulated as =o location believed that six months wls an inadequate period - 10- 001.1u3 C: ~Licb :o ze:cu~ a ress::ab!e re~ur: on ;_~es:ed cs~:el bus~ness ~ou!d ~ave ~be oppor:un:.~y co re~uesc a~ e~e:s~c~ the c~:pliance ~eriod. In light of this right of reco~:se, taking into account the present, ongoing and serious de:ricer: :hat such businesses pose for the comaunity 8~ large, the committee determined chat an appropriate balancing of interests juttilled continuation of the a:ortizaton provisions of Original Ordinance in the Ace:dad Ordinance. In addition, the comma:tee determined that to grandfather those businesses existing at the date of passage of the Amended Ordinance-- apparentZy the course of actSou taken by Harris County adopting its own regulation ~- would have constituted a bald:canS of interests tipped in favor of the businesses and against the interests of the community a: large. Again, given the right of appeal from the six-mouth compliance period provided in the Amended Ordinance, and also given the seriousness of the proble=s crested for the community at large by chess businesses-- problems =ha= were yell documented in the Legisis:ire Reporn-- the commi:tee determined that grandlathering ~ould not be appropria:e in the Amended Ordinance. 5izth, :he committee found that during the firs: two years under the Original Ordinance, some significant problems had developed in enforcement. Based upon the person experiences of committee members, as yell as testimony from :hose attending the hearing of December itch, and upon converse:ions vitb representatives of the Vice Squad of the Polloe Department, a pattern was discerned of inadequate and oftentimes inconaiste'nt or contradictory enforcemet:. Representatives of the Police Department were especial17 eager to see purported inconsistencies in the Original Ordinance eliminated, and requested consolidation of the permitting process with the enforcement responsibilities. During the hearing on December 17th, one civic association in particular pointed out a ~umber of administrative and enforce=ant problems: First, the: an operator already cited for violations of the Original Ordinance could nonenheless seek and obtain a permit for another sexually oriented business; second, that permi:s under the Ori&inal Ordinance were being issued without regard co whether =he business in question met all other relevant city and state requirements, such as the requirements of the Building Code; third, thaC sexually oriented businesses noC complying vlch the Original Ordinance were no: being closed despite repeated violations of, or ~he romplens failure to comply with, the OriJinal Ordinance; and four:h, that there exls:ed confusion as no which departments were responsible for enf. orcln2 which provisions of the Oriilnsl Ordinance. COMMITTEE RECOMMENDATION~ SynoD,is of Reco=mendatic:s. The committee, after revievlng the testimony presented in the public bearing, studying the re,ulna of independent research performed by staff members and - i! 00].104 representatives of the Legal Departmoot, sod examini:g :he practical coneideratioms arising during two years of operation under the Original Ordinance, bays determimed upon a series :f recommendations embodied in the Amemded 0rdinauce. These recommendations fall into four categories. First, the committee recommends that sexually oriented businesses licensed to sell alcoholic beverages be included under the distance limitations of the Amended Ordinance; the committee further recommends thmt those distance provisions remain the same as under the Original Ordinance. Second, the committee recommends that principal responsibility for overseeing the permitting process be transferred from the Department of Finance and Administration to the ~olice Department. Tblrd, the committee recommends that a aeries of procedural chemise be made to streamline the processes by which the Amended Ordinance will be emforced and to improve the capability of the city to receive the maximum benefit from the provisiome of the Amended Ordinance. Fourcb, the committee recommends that licensed day care centers be added to churches and school/ am a protected category in the Amended Ordinance. Reco=~eodst{oo I: D{stence Provisions The committee recommends that the dispersal scheme developed under the Original Ordinance be retained in the Amended Ordinance. After considerable examination of the practical effects of the Original Ordinance during its two years of operatiom, as yell as consideration of alternate re=ulatory schemes, the committee has concluded that dispersal of sexually oriented businesses oddteases most effectively the greatest nHmbe: of'concer6e raised about the enterprieee."First; dispetal discourages the creation of areas or zones where because of the concentration of sexually oriented businesses ancillary nriminal activities increase. Second, dispersal discourages the synergietic effect that sexually oriented businesses seem to ba~e ou each other. Third, dispersal, coupled with the limitations on exterior signage end other aspects of appearance, make the individual businesses lees conspicuous and intrusive. The committee further recommends that sexually oriented businesses Xicensed to eel1 alcoholic.beverages be made subject tn the distance limitations of the Amended Ordlnence. The committee would have made this recommendation in its original regis!at!we Report cm the Origins1 Ordinance except for the preempteve statute then in place at the state level. The passage of SB 106 has removed this preemption. The committree believes that the materials contained in the ori[inel Legislstlve Report, plus the results of its more recent review, amply justify makin~ sexually oriented businesses that eel1 alcoholic beverages subject tn the distance limltatlone of the Amended Ordinance, The committee further recommends that the distance limitations found in the Original Ordinance -- than no sexually oriented business can be located within 750 feet of a church or school, 11 - 001105 i000 feet of ann. .r sexually oriented bus .as or w[:h~n am area that is defined u~der the ordinance as predo=~zan:ly residetrial in character -- be retained in the Amended Ordinance. The committee carefully considered the i=pac: of extending these sa=e distance requiremeoZa to a uew set of sexually oriented businesses..namely those chat sell a!coholic beverages. The concern of the committee was that in extendlug the same provisions to this new sen of bueiueeses, the total effect would be to create an unduly restrictive regulanory system whose practical effect would be to forbid the establishment of these businesses soywhere in the city. Based upom the work done by the Department of Planning and Development, as outlined elsewhere in this Supplemental Legislative Report, it would appear that this will not be the case. Although a number of sexually oriented businesses that sell alcoholic beverages would be required relocate, i= would appear to the committee that ample alternative sites for these businesses exist throughout the city. The committee further recommends thaC those noncomplylng sexual17 oriented businesses 1leeneed to sell alcoholic beverages in existence upon passere of the Amended Ordinance be amortized, rather than grandfathered. The committee gave the subject of trendlathering versus amortization considerable thought and at=ennion. The committee concluded that given the unique amortization provisions of the Orlginal Ordinance -- provisious that would he incorporated into the Amended Ordinance -- these noncomplyin& businesses will have ample opportunity to recoup their investment prior to being required. to comply with the law. The committee also concluded than the adverse consequences of ~he current locatlous of many of the businesses for the community at large, taken together with the amortization provisions, furnher austified..the decision- to provide for amortization rather than grandlathering. Reco:=emdaticn II: Res~o:slbil{tv for Perm~tt{uz The committee recommeuds that responsibillty for the permitting process be moved from the Department of Finance and Administration to the Police Department. The committee makes ~his recommeudatiom for several reasons. Firs=, whether because of a lack of funds or personnel, an inability Eo work vi&orous17 in the fields or an inability to coordinate its efforts with the other enforcing departments, Finance and Administration has not been an effective enforcement agency. Seconds =he Police Department ~s a conysolacE place in which =o lodge enfcrce=en~ responsibillrles regarding ~he permitting process. The fusion of responsibility for permits and for monitoring the business once ir has been permi=~ed0 would seem ~o make sound adminlsEra~ive sense · The businesses =hemselves are pro=ec~ed agelos= possible abuses of =hls system through a ser~es of appeals culmlnacing in =he right =o have a case heard by City Council. Given =hess protections, the coub~na=ion of permitting and - 13- O01.1. OG ezfcrce=ezt reep~_sibilit[es viz~ic the P~.:ce Ze~artmezt would see= a sound change. Reccr=etdstlcn Ill: Proce~ursl Ste~=l!r[r~ ~nd Clsrificet!ct The committee re'commends that the Azended Ordimance tomrain a number of changes reflecting tvo years of practical experience with the Original Ordinance. These changes fall into several cateSories. First, the committee recommends a series of changes ~hat clarify interpretire issues arising under the 0ri~inal Ordinance. For instance. in determining whether a particular aezually oriented business ia too close to · church or school, the question has arisen ~hether it matters if the church or school is outside the city limits. The Amended Ordinance makes it clear that it is the distance of the .church or school from the sexually oriented business, and not whether the church or school is on one side or the other of the city boundary, that matters. An enti:e series of such changes clarifying interpretire debates has been made; the details of those changes are provided in the following Section By Section Analysis. Second, the committee recc;,=ends a series of changes that to the maximum feasible ezten: :.reserve the city's prerogatives and rights of action. ~o: i:-~tance, a temporary permit is granted until such time as the per'it process or the appeals process ~as been completed. The com=ittee's purpose in recommending these changes is not to enoour,-~e delays and abuses by municipal government in the ed=inlst:o:ion o£ the ordinance. Instead, the committee intends to saute :~at in those limited instances vhere the city has for vhatever reason failed to meet its ovn time limits, such failure'viI1 z:ot ultimately jeopardize th~_city',L ability'to efEec:ivel~"~nfo~ce':he"ordinance. Third, the committee recommends a series of procedural changes ~ha= ~ill streamline the permitting and appeals process. Oue of ~he principal purposes ol these changes is to eliminate ambiSulties and uncertainties regarding the rights and duties of all parties to the Amended Ordinance, thereby facilitating the ezforcement process. Reco=meudation IV: Licensed Day Care Centers ~he commigtee recommends that licensed day care centers he added to churches and schools as protected activity centers. The committee makes ~his recommendation £or several reasons. First-, the types of activities conducted at licensed day care centers are in many respects similar or identical to those ~haC take place at churches or schools. In particular, licensed day care cen~ers are the ~ocal poin~ o~ activity ~or snbstantlal numbers o£ young children, upon vhom the effect o~ sexually oriented businesses vas established durinK the hearin2s held on the Original Ordinance. ~econd, the addition of licensed day care - 14- O0].lO, centers to the cat,scry of Proleered ac:ivi,o teeters will zc% make the A:ended Ordinance unduly res:rlctive. Indeed, accordill to the informs%ion supplied co the comzi~tee by cbe Depar:mezt cf Plan~ing and Developme:t, the number of sexually oriented businesses Cba~ would have co relocate based so this change would be marginal at most. Third, the comzitcee ham concluded that the importance of licensed day care centers to the stability of a community comprising a large number of two-income families justifies extending the protections of the Amended Ordinance to =his type of activit7 center. SECTION BY SECTION ANALYSIS The imended Ordinance incorporates 8 substantial number of procedural and administrative changes that reflect two years of operatlnI ezperience vinh the Original Ordinance and a Better understand&n= of the ways in which enforcement of the ordinates could be improved. This porEion of the Report briefly outlimes on a section-by-section basis the major changes the: have Been made and =he reasons for those changes. Section 28-12]. Defln~tions. General Co=me,t. As a general matter, definitions in Section 28-121 have in many cases Been revorded to conform more closely with defineclots already used in other munlcipal ordinances. Section 28-121. Definit~-ons. "Achromatic". In the Origi:al Ordinance, the definition of "achromatic" was based ou a direct reference to · commercial dictionary. In ~he Amended Ordinance, the defini=ion itself has been incorporated into :he ordinance and the reference to the commercial dictionary has Been --eliminaCed.'- This helps to assure' :hat to the'&reatest-extenn' possible the Amended Ordinance can be construed as · self- connained ordinance. See:ion 28-121. Definitions. "Adult Lounee". In :he Original Ordinance, no mention was =ads of an "adult louu&e". This definition hal been ·dded ~o nhe &mended Ordin·nce Co reflect passaLe of SBi06. vhlcb lave cities such as Eouston the right to regulate the location of sexually oriented businesses licensed to sell alcoholic beystales. This definition tracks closely language of SBl06. Section 28-121. Deflniticns. "Advertielnr" In the Otilinal Ordinance =here was s separate doric&finn for the word "advertisinJ". In the Amended Ordinance that separate definition has' been dropped and =he reference :o advertisln2 has been incorporated into the definition for "Sign". Section 28-121. Defi,it~ons. "Church". The definition of "church" found in =he Ori&iual Ordin·nce hal been revised. to make it clear ~ha~ for purposes of measuring distances, ic ~s 15 0011.08 irrelevsz% whet~ chu · ,- the rch im it·ida : cutside the c=ty limitm. Section 28-121. Def[2it~oos- "Co=~ercEal EnterDr~Be" In :he OriEinal Ordinance, "con:ercial enterprise" va, separately defined. In the Amended Ordinance, this definition is found as part of the definition of "Co:tereSa1 Hulti-Unit Ceo~er" Section 28-121 . Def{n~t{o.~s. "Conduct Bus{mess Iu Au Establishment." This definition is added. It ties into the penal provisions of ~ectlon 28-122, and speck. fie· the persons who will be subject to prosecution in an establishment that operates without a permit. ~ect~on 28-121. Def{:~t{ons. "Customer". The definition of "Customer" under the Original Ordinance has been changed to establish objective criteria that do not require an inquiry into the state of mind of the person to establish him as I customer. Sect{ou 28-121. Defim{t{ons. "Director". The definition of "D~r · c tot" was made to effect the chan~e of permit reapon·abilities from the Finance and Administration Department to the Police Departmemt. Section 28-121. Default{one. "E=tcrts{nmeot". The Amended Ordinance changes the definition of "Entertainment" found in the Original Ordinance to add the words "agents" and "contractors" to the emd of the first sentence. This-change clarifies the- cover·go of the Amended Ordinance. Sect{on 28.121. Deflnltious. "Licensed De? Care Center". The ...... Original Ordinance contained to protections for licensed-day care'- centers. The Amended Ordinance adds the ~efin~tion of "Licensed Day Care Center" to reflect the broadened coverage recommended by the committee. 5ect~c~ 28-121. Def{u~t~oue. "Ms·maze Parlor." All references to massage parlors iu the Original Ordinance have been deleted. Issues reg·rdiu= massage parlors are nov reZulated b) the state. Section 28-121. Defiuitious. 'moormint". This change requires an individual to make the appllcation for a permi~ to operate · sexual1) oriented business0 a change that t~e committee believes will make it easier to aaailu reaponmibilit) for operation of the outerpries. Section 28-121. Definitions. "Owner or Owners". The Orlgiual Ordinance contained to definition of "Ovuer or 0rue:am'. The Amended Ordinance adds a definition; =he definition has been · aspted from Ordinance 85-1337, pnpularl~ known as ~he "Adul= Arcade Ordinance". ~ith nhe chan2e in licens~m2 emphasis =o the operator, the i=portance of the owner becomes insignificant -16- except as to t:., extent the crier vishe- to receive Dot!re of actions affecting the business. The practical effect c~ t~e chan~e is to facilitate this shift of emphasis giving the city an enhanced ability to locate and monitor the person actually responsibIe for the business. Section 28-121. DefEnitic.~s. "Regulated EstaS!ish~e~t" Under both the Ori&ic,1 and Aueoded Ordinances, two types of rotmisted establishments were created: first, those establishments regulated as to location as yell am to exterior ai~oaEe and appearange a~d certain selected other features; and second, those establishments regulated only as tO exterior signals and appearange certain selected other features. The Original Ordinance did not clearly draw the distinction between the two types of establishments in a way that would he readily discerned by the evere~e reader. The Amended Ordinance improves upon the Original Ordinance by providing · definition of "Regulated Establishment" that allows for · clearer distinction to be drawn between the two types of businesses under the ordinance, and the difference in how each type or category of business is regulated. Section 28-121. Definitions. "Residential". Under the Original Ordinance, questions veto raised as to whether in calculatin~ the existence of · residemils1 ·re· neighborhoods lying within 1000 feet of · sexually oriented business but outside ~ouston city limits were to be considered for purposes of determining the existence of · predominantly residemils1 area. Administrative practice under the Original Ordinance has been to interpret the residential concentration test as one to be carried out without regard to the city bound·ties. The committee concurs with this interpretation. In the Amended Ordinance, this concurrence has ledto · revision of the definition of' "~esidentia!" to make it clear that residential tracts are to be taken i~to account for purposes of the residential concentration test regardless whether those residential tracts are within out without the city limits. The definition also makes it clear that residential type premises will be deemed residential except when exclusively occupied for other pnrposea; this cbanZe clarifies the statue of vacant residential properties, Section 28-121, Definitions. "School". The Amended Ordinance adds further clarification to what is a "School" for purposes of the ordinance. First, a school is to be taken into account for purposes of the distance calculations called for in the Amended Ordinance reZardless whether the school is inside or outside the city limits. This change conforms with current administrative practice under the Original Ordinance, an administrative practice with which the committee concurs. Second, a school has been more clear17 defined to clarify the committee'a original intent that kindergartens be included as part of the definition of a "School" Third, the definition of "School" has been refined to make it unmistakably clear that special education facilities - 17- 00l. ll0 children haylog ,.ysical cr !ear:izg diD_~i!ities are also covered. Sect{on 28-]2]. Defiziticze, "Sign". The Axe=dad 0rdizance imcorporates the defizitlon of 'Advertising", formerly a separate definition in the Original Ordinance, within the definition cf "Sign" Sectloo 28-]21, Definit{o:$, "Tract" In the Original Ordinance, the definition of "Tract" was based ou Metrocom, the city's computer{ned mapping system. Durin~ its deliberations on rev~aiog the Original Ordinance, ~he committee concluded ~hat Metrocom has not been kep~ adequately current to make'i= the sole determinant of what is or is mot a tract, or ho~ a particular tract should be classified. Instead, the committee believes that ~he determinatinm of the status of a particular tract will have to be dome in different ~ays in different situations, with Metrocom being used to different extents in each particular situation. For purposes of definition, however, the cormSates determined =hat a11 references to Metforum should be de!seed, and that the definition should stand aZone viahour reference to ao~ computerload mapping 17stem. Section 28-123. Permit Anolicatio:s. AlcbouZh Section 28-123 represents subarmorial modifications of the permit application process provided under the Ori~inel Ordinance, the committee's recommendations ss embodied in Section 28-123 of the Amended Ordinance will not be unfamiliar to Counc~l~ These provisions in the Amended Ordinance are essentially the same as those established in the Adult Arcade Ordinance. Most Artportent, the chsnnes reflect :be transfer of authority for the receipt, prncessinz' and-apprnval or denial-of permits for sexually oriented businesses fro~ cbe Finance and Iduinlscranion co the Police Depar=men:. Section 2B-123.(b)(1). Fees. The fee £nr applliu[ for m percAt remains the same in the Amended Ordinance as in the Ori&inal Ordinance: $350.00. However, a specific fee has been added in the Amended Ordinance for renewal applications: $1O0.0O. Section 28-123(o)(I). Oath, The Amended Ordinance requires that the application for a sexually oriented business permit must be sworn to by the applicant and must be based on the applicanC'a personal knowledge. Under the Amended Ordinance, tbe operator of the sexua111 oriented busloose must be the person to siJn the- oath. Section 28-125. Grounds for Permit Issuance or Denial. The chat=as made in Section 28-125 of the Amended Ordinance have been effected to brin~ the section Auto Conformity with other provisions of the Amended Ordinance. For i=stance~ the phrase "licensed da~ care net=or" has been added to Subparagraph (b)(l) - 18- 0011.11 to reflect the pr.otection that is extended to such facilities under the Amended Ordinance. Similarly, Subparagraph (b)(1) has been modified to make it clear that in measuring the distance between a school or church and a sexually oriented business the measurement shall be taken between the two points on the respective propert7 lines nearest each other. This same modification has been made in Subparagraph (b)(2) regarding measurements taken between two sexually oriented businesses =o determine whether tbey ere too close togarbor under the 1000 foot rule of the Amended Ordinance. In addition, Paragraphs (8) and (9) have been added to Section 28-125 of'the Amended Ordinance to make it clear =hat violations of state or federal lave, or other local laws smd regulations affecting nonduct of the business, shall he groumds for denial of the permit. Similarly, Paragraph (9) makes it clear that if a sexually oriented business has had a permit revoked within the last six months, the same operator cannot seek a new permit for the same business. Section 28-125(c). Timely and kate Annlira:ions. Section 28- 125(c) of the Amended Ordinance is totally new. This section distinguishes between those situations where the operator applies on time for a renewal permit and those sltustions where the operator is late in doing so. Under 28-125(c), · late application for a renewal permit is subject to ·11 of the tee=s, conditions and review procedures that would apply if · new per=it vere being sought. Thus the failure of an operator to file his or her application for renewal on time would subject the operator to review of the application el if it were being done for the fi~t tim~E *Thi*E'would 'subject'the o[~ator ~'a revi&w'base*d on conditions at the tide the permit was being reissued, rather than at the time it was first ·warded. If land uses had changed, or if · church or school had been built, after the orlglual permit had been issued, but before the operator failed to file a renewal application on time, the operator would be subject to the reviev based on those changed conditions, rather than the conditions in effect when the per=it ~as originally applied for. Section 28-125(d). Procedural Matters. The Amended Ordinance in this section introduces :be concept of the hearing examiner, who is charged on behalf of the Police Chief vi~h bearing appeals from the denials ~f permits. Section 28-125(e). Failure of Citv to Act. From time to time under the Original Ordinance situations ·rose in which the city did not timely complete i~s york on ~he processing of an application for a sexually oriented business. The applicant for the permit would then contend that the permit had to he issued as · matter of right. Section 28-125(2) of the Amended Ordinance is a totally new subsection that clarifies the rules in such situations.' Under the Amended Ordinance, if =he city fails to take timely action under the lay, the appllcant is entitled to a temporary permit. This permit is good only for the period of - ls - 001.1.].2 tL=e it takts fo, the c~ty to coop!ere to tee applecart o~ ~t~ act~c~s either to ~pprcve or ~ezy the spp1~cat~on, or ~or t~e ?olice Ch'ref o~ t~e Council, as t~e cabs =ay be. to hear a~d take action on the appeal fro= de=ial of a per=it. This subeectlou is eDtlrely new. Sect!e~ 28-1:6. T:e=efers of Perzeta. This section is ent~re!~ new. Under the Ori&i=al Ordinance, the rules for transferring of. per=its left open the possibility of per=its being assigned or transferred without notice to the city. Section 28-126 of the Amended Ordinance rectifies tb{a difficulty by setting forth specific guidelines for the transfer of permits. The section also sets a fee of $100 for each such transfer. Sect{on 28-127. Revocation or Suspension. Section 28-127 of the Amended Ordinance further clarifies the grounds on vhich per=its can be mumpended or revoked. The Amended Ordinance providem that an~ one of the reasons stated in the section shall be sufficient to justify suspension or revocation. Similarlym the word "conviction" found ~n the 0r~ginal Ordinance has been changed to "violations" to improve the city's abiliC~ Co enforce the ordinance. turnher, the Amended Ordinance clarifies the etarum of sexually oriented businesses which have cIosed b7 providi:g that their l~censes be revoked. Also, if an operator £ails to timely file a transfer appl~caClon upon change of control, the permit can be revoked. Section 28-127(b} sod (c). Roycost{on or Summers{on of )er~{t. The A=ended Ordinance emtebllshea a oleer hearln~ procedure. This contrasts with the provisions of the 0rlginel Ordinance, which cerely provided chat a hearing be held. Subsection (b) -provides-for-suspensions of permits of up to tvo'months; upon advic.e of the Legal Departmentm the comnittee de~ermlned that indefinite suspensions would pose too many problems, particularly because Chore is also a provision for revocation of a percat sltolether. In Subsection (c) and (d) the effect of filing an appeal had been clarified; under the provisions of the Amended Ordinance, the filln: of an appeel does not supersede the order of the bearing examiner. This assures that enforcement of the Amended Ordinance will not be blocked or overturned slmply because the operator denied s permit or hayin: had a permit suspended or revoked appeals the order. Section (d) makes it clear that while the process of appeal is OngolnZ, =he business will continue to be considered permitted, but on17 for purposes of measurements between enterprises. · Section 28-12B. Ocher Format Prov(s~ons, The provisions of this Sen=inn of the Amended Ordinance are aubstantlally the mace as those found in the Original Ordinance. HoveveT, Subsection (c) of Section 128 is entire1) new, provi~in~ a mechanism f~= the surrender of s permit $n~ to resolve disputes that have in the past occure~ because of such surrenders. -20- 0011.! Section 29-130. -clanace. Under the erigLcsl Crdisance, the wording ~ermitted on the Primary Sign was limited to phrases set forth in the ordinance, while there was no limi:stions placed the wording allowed on the Secondary Sign. The purpose of the Secondary Sign under the Original Ordinance was to allow of movie titles and other general information about the entertainment available within the building. Upon further consideration, however, the committee had concluded that such information provided on the Secondary Sign is unnecessary, since the information i, readily available within the building, and second, counterproductive to the limitations on what can be written on the Primary Sign. For these reasons, the committee has recommended that in the Amended Crdinance the restrictions on wording be the same for both the Primary and the Secondary Sign. In addition, the A~ended Ordinance adds the phrase "Adult Lounge" to the list of permitted phrases, so chat this Section will be in conformity with nhe other provisions of the Amended Ordinance. Section 28-I31. Persons Tounzer than 17 Prohibited from Sntr-: Attendant Recuired. The A=ended Ordinance forbids the presence of anyone seventeen or younger in a sexually oriented business for wha:ever reason. The Amended Ordinance also adds a presumption :hat :he ·trendann knovs a person is under sevenneen. The burden is =hen on the anteodin= :o prove :his is not the case. This presumption will enhance =he enforceability of the Amended Ordinance. Section 28-135. Matters Of I=~le=entati~n. Subsection & provides =hat nhe effec:ive date of :he Amended Ordinance shall be ninety (90) days from the da=e of its adoption by Council. Subsection &(b) provides that any operator desiring a permit under the Amended Ordinance shall apply for that per=it within thirty (30) days after adoption of :he Amended Ordinance. Subsen:ion provides chit where two or more sexually oriented businesses within 1000 fee: of each ocher both apply fo= permits, :he per=i: shall be awarded =o nhe business having :he lunges: continuous ovnership. Subset:ion &(e) provides :he process and nametable for appeals from denlals of permits under this implementation sac:ion. Section 5 provides Chic if an opera:or wishes to preserve his amorClz·=ion rights under :be Amended 0rdin·nce, the application for · permlC muse be filed vimhim Chircy (30) days of adop:ion of :he imended Ordinance b7 0curtoil. Similarly, an opera=or seeking ·n extension of an existicE permit mus~ make the re~.uesC vlCbln =h/r:7 (30) days of the adoption of the Amended Ordinance by Council or lose his or her perman. Sec=ion 6 makes i: clear that implementation of the Amended Ordinance will require issuance of s completely new set of permini, including permits for those businesses having permits under the 0riglnal Ordinance. This process was chosen for two reasons: first, chore was no equitable method Co distinguish between already permitted aezually oriented businesses and the - 21 0011,!i =ev1~ inc!uded "adulc lou;;e$"; second. £Bi05 prohibited ~;y discrizine;icn "for or agsi:~t" sezuslly oriec;ed businesses llceused to serve alcoholic beverages bated upon ;he fact cba; ;hey were so licensed. Secondary Signs. The Subsection provides =hat any e~nene!ons given under the Original Ordimance by the Sign Director ~hall continue in force and effect under the Amended Ordinance. - 22 - 0011.15 HOUSTON CITY COUNCIL COMMITTEE ON THE PROPOSED REGULATION OF SEXUALLY ORIENTED BUSINESSES LEGISLATIVE REPORT ON AN ORDINANCE AMENDING SKCTION 28-73 OF THE CODE OF ORDINANCES OF THE CITY OF MOUSTON, TEXAS; PROVIDING FOR THE R~GULATION OF SEXUALLY ORIENTED COMMERCIAL ENTERPRISES, ADULT BOOKSTORES, ADULT MOVIE TMEATRES AND MASSAGE ESTABLISMMENTS; AND M~kKING VARIOUS PROVISIONS AND FINDINGS RELATING TO THE SUBJECT 0011.16 COmmiTTEE ON TH~ PRCPOSED REGULATION OF SEXUALLY ORIENTED BUSiNKSSES LEGISLATIVE REPORT INTRODUCTION This Legislative Report has been prepared by the Committee on the Proposed Regulation of Sexually Oriented Businesses as a summary of the Commit=ee's work in preparing the draft ordinance which has been submitted to the Houston City Council for consid- eration. This Report briefly sketches'some of the most signifi- cant aspects of the history of the Committee, summarizes prior efforts at the regulation of sexually oriented businesses both in Houston and elsewhere, recapitulates the principal themes heard in the public testimony taken by the Committee, and offers a brief section-by-section analysis of the proposed ordinance. This Report has not been drafted as a legal treatise on the regulation of sexually oriented businesses. Certainly consider- able care was taken by the Committee to consult with the Legal Department at every step of the legislative process. Representa- tives of the Legal Department actually drafted the language of the ordinance pursuant to the directions of, and in consultation with, the Committee. However, the various legal issues raised during the Comni=tee's deliberations are dealt with here from the layman's, not the lawyer's perspective, although it is the lawyer's perspective that undergirds the ordinance. The purpose of this Report is to explain to members of Council, and to =he general public, what =he Committee has recommended, and why, in the plainest possible language. For the same reason, this Report is not filled with footnotes, although all of the informa- tion is drawn from the materials and transcripts compiled by =he Committee, and available as a matter of public record. ORIGINS AND ESTABLISHMENT OF THE COmmITTEE. On September 27, 1982, Mayor KathrVn J. Whirmire of the City of Houston announced the formation of a special committee of Council Members for the purpose of determining the need for and appropriate means of regulating sexually oriented businesses in Houston. This Council Committee on the Proposed Regulation of Sexually Oriented Businesses was composed of Council Members Dale M. Gorczynski, who represents District H, Council Member George Greanias, who represents District C, and Council Member Christin Hattung, who represents District G. Mayor Whirmire appointed Council Member Greanias to serve as chair of the Committee. The Committee was formed by the Mayor in response to growing community concerns about the proliferation of sexually oriented 0011.!7 businesses in Houston. This cencerm had been sur.marlzed ;n a memorandum from Council Member Grean!as to the Mayor cn Septether 20, 1982: "Given its healthy economic climate and a legal environment that is, aesDite our identification with the Bible Belt, laissez fairs on most sexual matters, Houston has long been'an attractive environment for sexually oriented businesses. "Since Houston is not zoned, these sexually oriented businesses are located anywhere and every- where, oftentimes near residential areas, or near schools, churches, or public parks. Their locations are frequently marked by garish or enticing signage. The effect on the ability of neighborhoods and commer- cial areas to retain their identity after the opening of such businesses in the area has been extremely adverse. Moreover, the establishment of one such business in an area has often led to the opening of another, in a rather perverse example of synergy. Finally, there is a growing body of evidence to suggest that there are substantial links between at least some of these businesses and various for~.s of organized crime. " The memorandum from Council Member Greanias made clear that in his mind at least the issue was not one of morality, or of passing judgment on the lifestyle of any individual, but of reasonable land use controls versus the rights and privileges of the individual: "Theimportance of the city's ability to deal meaningfully with the issue of sexually oriented businesses should not be underestimated. To some it may seem a parochial question, relevant only to those who live in areas where sexually oriented businesses have located; to others it may appear just one more item on the agenda of those who are convinced that the city is in the terminal throes of sexual degradation on every front. "But the problem imposed by these sexually oriented businesses is much broader in its implica- tions, and runs directly to the heart of our present policies on land use. Does our decision not to impose zoning carry with it the requirement that we not seek to moderate the influence of sexually oriented busi- nesses on our neighborhoods, whatever the consequences for the stability and quality of those neighborhoods? OO].l_lS Page Does our decision not to impose zoning tie cur hands in dealing with the collateral criminal activity that apparently attaches to some of these operations?" At the same time, the initial memorandum from Council Member. Greanias to Mayor Whitmire underscored a problem for which the Conunittee was to show great concern durinc the course of its deliberations: "There is also another, equally important question: Does our desire tO protect the freedom and privacy of the individual, and to permit that indi- vidual to pursue his or her life without inhibition, mean that we are proscribed from taking any actions that while not significantly infringing on those rights nevertheless sets a standard for the cnn~munity as a whole?" It was these questions that formed the heart of the Committee's inquiry during its one year of existence. The Committee believes that these questions have been successfully addressed in the proposed ordinance that has been presented to Council for its consideration. OPERATION OF THE COmmITTEE Methodolocv. The Committee conducted its work in several phases. The {frst phase, which was carried out in November and December of 1982, involved a series of public hearings in several parts of the city, as well as at City Hall. There were three regional hearings and one hearing in City Council Chambers. The first hearing was held at Spring woods Senior High School on November 8, 1982. The second hearing was held at Betsan Baptist Church on November 22, 1982. The third hearing was held at Bering Methodist Church on December 5, 1982. The fourth and final session in this first series of hearings was held in City Council Chambers on December 15, 1982. (During the course of these hearings, several comments were made about choosing churches as the sites for some of the hearings. The Committee chose these locations not because of their religious significance, but because they had a history of being used for cobb. unity affairs, their locations were well known to the general public, and access to each such site was convenient from various places around the city.) After the first set of hearings had been completed, the Committee went into executive sessions for a period of approxi- mately three months, from late December of 1982 until the early part of April 1983. During that time, the Committee met with representatives of the Legal Department to review the testimony 0011,9 Sexually Crien:ed ,~usinessas Page 4 gathered in the initial hearinCs, as well as tc discuss the results of staff research on the subDect. Amcng those paf'zic- ipating in this work were Messrs. John Whittington, Robert Collins, Charle~ Williams, and Adam Silverman from the Legal. Department of the City of Houston, Kent Spoor, John Elsenhans and Michael McEachern from the office of Council Member George 6reanias, Fred Harper from the office of Council Member Chris~in Hattung, and Nancy Brame from the office of Council Member Dale Gorczynski. Francis J. Coleman, Jr., City Attorney for the City of Houston, also participated in these conversations' from time to time. On May 6, 1983, the Committee published the results of its efforts: a draft of a proposed ordinance regulating sexually oriented businesses in the City of Houston. At the time that the Committee published its draft ordinance, further hearings were announced at which the Committee would solicit testimony on the ordinance as proposed. These hearings -- originally planned to be three in number -- were held on Wednesday, May 15, 1983, Wednesday, May 22, 1983, and Thursday, May 24, 1983, in City Council Chambers. A fourth hearing, not originally planned, was held on Thursday, June 16, 1983. Based upon these further public hearings, the Com.mittee then went back into executive session with its legal counsel and other staff to make further refinements in the ordinance. The changes made pursuant to the public comments are noted in the commentary on the specific ordinance provisions themselves. An additional word is perhaps warranted on the decision cf the Committee generally not to meet with individuals and groups apart from the public sessions. It was determined early on that an ordinance such as that being considered by the Committee, with its potential for controversy, should not be subject to private bargaining between individuals or businesses and members of the Committee behind closed doors. It was felt by all members of the Committee that it would be far more preferable to gather all testimony and evidence in a public forum, and then reflectively to consider the information without conferral with private parties. At the same time, the Committee felt that its executive deliberations were justified in encouraging the free flow of discussion of ideas and sensitive concepts, knowing that the entire work product would be subject to the public comment, review and debate inherent in the Committee's procedures and the processes of Council. The Committee also felt it imperative not to become subject to demands for quick action at the price of working with deliber- ate speed'towards its goals. It is for this reason that the original date scheduled for submission to Council of a draft Pa~e 5 ,' version of an ordinance was moved from january 25 ~o j'i!y 1O. (This date was pushed back several mere times, and for similar reasons, before the ordinance was finall}' submitted to Council..) It was for this same reason that additional hearings were scheduled during the second phase of the public sessions. Likewise, the Committee decided to recuest that the proposed ordinance be considered during the course of three readings, as contrasted with the normal procedure of suspending the three-reading practice and passing ordinances -- even those oftentimes having major effects on the city -- on an emergency basis in just one reading. Throughout its work, the goal of the Committee was to assure ample ventilation of all points of view, the thoroughgoing examination of all of the very difficult guestions involved, and as complete an understanding as possible by all parties of the issues confronting the Committee and the solutions arrived at. Analysis of Testimony. The hearings held by the Committee on the Proposed Regulation of Sexually Oriented Businesses were among the most extensive ever held by any committee of the Houston City Council. The hearings were open to all persons who wished to testify, and the ComMittee made no attempt to limit the type of remarks made to the Corr~.ittee or to censor those remarks in any way. (At this point it should be noted that the Committee also accepted written comments from anyone, regardless of whether they testified in person. Such co==nents became part of the Committee's public record as a matter of course.) However, a clear distinction should be drawn between the Committee's will- ingness to permit full expression of diverse views -- a willing- ness that is reflected in the transcript of the hearings -- and any wholesale incorporation of those remarks by the Committee into the ordinance proposed to Council. Indeed, a chief function of the Committee was to evaluate the testimony, and. to set aside those comments seen as not germane to the issues at hand or not dealing with problems, addressing instead those issues within the rightful purview of the city. Thus, although there were a substantial number of witnesses expressing a fundamentalist opposition to what those witnesses deemed obscenity and pornography, the Committee chose -- and in fact made clear during the hearings -- to focus its efforts on land use iss=es ra~her than guestions of pornography and ob- scenity. Similarly, a number of witnesses made comments adverse to the operation of gay bars. Again it was pointed out to those witnesses that such establishments were not necessarily within the working definition of a "sexually oriented business' {a definition that was modified over time as the ordinance was further refined) and therefore not a subject in themselves to be dealt with in the proposed ordinance. Finally, a number of witnesses made statements and proposals that would effectively 0011. 1 SexuaTM '.. Orients usinesses Page 6 ban all sexually. oriented businesses, as that phrase is broadly defined. The Committee made it clear, both during the hearings and afterwards, that it was not the intention of the Comm. itt~e to propose any ordinance that would be subject to a successful court challenge because it either directly or indirectly (or for tha~ matter inadvertently) eliminated the opportunities for such businesses to exist.in the City of Houston. With these comments bv way of preface, it is useful to review briefly the principal points made during the hearings and later relied upon by the Committee' in the drafting of the proposed ordinance. Further comments on the use of the testimony in the development of the various ordinance provisions can be found in the section by section analysis of the ordinance that concludes this Report. The first point made by many witnesses that seemed of merit to the Committee was that sexually oriented businesses, while a nuisance and not necessarily representative of the desires or activities of a majority of Houstondane, nonethe!ass have a right to exist. The rights of individuals were a theme in the testi- mony of a number of the witnesses. The willingness of Houstondane to "live and let live" was reinforced in the findings' of a Mouston attitudes survey conducted bY Dr. Steven Klineberg, of Rice University, along with others. Briefly put, that study concluded that Houstondane were loath to support restrictions on personal behavior. Among those witnesses whose testimony was seen as most helpful by the Committee, the majority of such witnesses were generally solicitous of individual and minority rights, not anxious to impose any community standard of conduct on unwilling individuals, and concerned with merely striking an appropriate balance between the needs of the community at large and the rights of individuals to do as they please. The second point made by many of the witnesses to whose testimony the Committee repeatedly referred during its delibera- tions was that while these businesses might have the right to exist, protection of their rights could be consistent with effective regularcry restrictions that would minimize the adverse consequences of those businesses to adjacent areas and activ- ities. These witnesses -- many of them individuals who had b direct personal e~erience of these businesses in their neigh or- hoods, or representatives of civic organizations that had ha'd many dealings with the problems created by such businesses -- stated that while the businesses might have a right to exist, steps could be taken that, while not unduly restrictive of their operations, would offer some assistance to those neighbors and businesses surrounding the sexually oriented business. For instance, one gentleman living on west Alabama next to an adult bookstore, while agreeing that such businesses would probably 001.1.22 continue to exist and that he was resigned to that fact, ai~o cited a series of untoward incidents occurring on or near his property that were directly related to that adult bookstore. position seemed to be that while Council might not be able to him of the business, it might nonetheless take steps to amelio-. rate the worst effects of that enterprise. The third point made by many of the witnesses who proved most helpful to the Committee in providing guidance for the drafting of the ordinance was that among the most important negative effects of these businesses were the adverse conse- quences on neighborhood protection and enhancement, and the consequent adverse effect on property values~ A number of neighborhood representatives and civic club participants re- counted numerous instances of problems that had been created by these businesses for neighborhoods which were trying to preserve a neighborhood fabric. Several real estate brokers with substan- tial experience in areas affected by sexually oriented businesses offered documented instances in which property values had been affected by the establishment of sexually oriented businesses, as well as information of a more general nature as to the effect of these businesses on the course of neighborhood development. In expert testimony by Dr. Andrew Rudnick of the Rice Center, given' before the full Council, this "cause and effect" syndrome was again attested to. It seemed to be a consensus among both the lay and expert witnesses that in neighborhood areas and areas of quality commercial development, the establishment of sexually oriented businesses had a detrimental effect on property values, at least in part because they were perceived adversely to affect the quality of life -- including among other things such issues as suitability for family activities and stability of the neighborhood environment -- of the area. The fourth point made by the witnesses whose testimony was most commonly relied upon by the Committee was =hat among the most significant problems created by the businesses were the ancillary activities caused by the clustering of businesses, as in the case of street prostitution in =he lower Westheimer area, and the problem of exterior appearance. Even where businesses could not be forced to relocate because of apparent preemptions in state law, most witnesses stated that reasonable controls on signage and exterior appearance were required. The intrusiveheSs of the signage and exterior features into the consciousness of the community was repeatedly cited. It was also noted that although adults might train themselves to ignore such signage, it would be hard if not impossible to demand the same self-discipline from children- That children would be likely attracted to such advertising (which in at least one case even featured popular cartoon characters) was perceived as a significant problem in the expert testimony of one psychiatrist, 001]. Sexually .C.-ientc usinesses Page 8 who cited information discussing the relations between exposure to such signage and psychological problems those children might subse.cuentty experience. The fifth point developed in the testimony and reqarded as. significant by the Committee was that sexually oriented busi- nesses are likely contributory factors to criminal activities that are encouraged as ancil!arv to these enterprises. This link between these businesses and' related problems of criminal activity was affirmed by the Chief of Police and other represen- tatives of the Police Department, as well as by non-expert witnesses with long personal experience of living in areas where sexually oriented businesses are located. To the Committee, this issue of criminal activity occurring in the area of sexually oriented businesses was not a central problem, but rather a concurrent question of somewhat lesser significance than the land use issues. At the same time, however, the Committee felt that the testimony justified the conclusion that the criminal activity that does tend to occur in the vicinity of sexually oriented businesses, particularly where those businesses have clustered, has an adverse effect on property values. This adverse effect makes such activities a secondary concern, even though the principal focus of the Committee and the ordinance is on land use matters. The sixth point brought out in the testimony -- particularly the testimony of city employees engaged in enforcing current statutes regulating such businesses, as well as private in- dividuals who have sought legal recourse against such businesses -- was the difficulty of achieving reasonable enforcement of the law. Part of this enforcement problem centers on the relatively limited arsenal of remedies available to home-rule citie~ under Texas law in such circumstances. Some of the problem has been alleviated by cooperative efforts between cities and counties, as is the case in Houston, where Harris County cooperates with the city by bringing suits whenever requested to accompany a city suit, thus bringing into play the padlock power of the county -- a power the city lacks. However, another part of the problem is that existing laws and ordinances are structured in such a way as to make it difficult to sustain an action against even an of- fender clearly in violation of the law. For example, if an injunction fez abatement of a nuisance is brought against the owner of a particular sexually oriented business -- such as an adult modeling studio -- it is quite possible that by the time the suit is actually brought to trial the ownership of the business has been transferred. The case is then thro~rn into limbo because the appropriate party or parties is (or are) no longer "joined" in the suit. The lawsuit stalls while the business continues in operation. 0011.24 Page 9 Another pcint which the Co.~i=~ee thought relevant deliberations regarded those businesses whlch are thought to enjoy special protection under the First Amendment. This issue was perhaps one of the most difficult that the Corm~ittee fa$ed. Despite whatever personal preference the members of the Com~.ittee might have had, the clear mandate of the Cor~'nittee w~s to prepare an ordinance tha~ was as legally defensible as possible. After considerable deliberation, the Co,T~nittee accepted the contentions of those lawyers who argued that to lump First kmendment and all other businesses into one indistinguishable category for purposes of regulation would probably be unwise and'cause the ordinance tc be submitted to substantial challenges. This is not to say that the arguments of the lawyers are unquestionably correct. Nor is it to say that following the recor.~endations of these lavyers represents what the Committee believes to be wise public policy. But what the Committee did was to remember continuously its principal charge, and to set aside its personal preferences and opinions in favor of proposing an ordinance with a maximum likelihood of being upheld in court. while a variety of other issues and problems were raised in testimony taken before the Committee, the foregoing points seemed, to members of the Committee to be the most significant and worthy of attention. The manner in which this testimony was translated into proposals for legislative action will become clear in the Section by Section Analysis that follows below. PRIOR HOUSTON ATTKFPTS TO REGULATE Early Efforts. The proposed ordinance does not represent the first attempt by the City of Houston to regulate sexually oriented businesses. As stated in HOUSTON: A HISTORY, by David G. McComb: "In 1840 a city ordinance provided a fine of not less than $50 and a jail term of ten to thirty days for any woman committing lewd actions or exhibiting herself in a public place in a style 'not usual for respectable females.' Brothels within the city limits could not be located closer than two squares to a family residence. A supplementary ordinance in 1841 required a $20 bond for a 'female of ill fame' found in a public place after 8:00 p.m. in order to ensure good behavior. Although perhaps not a prostitute, one of the most notorious female characters from the period was Pamela Mann, an expert at firearms, knives, horseback riding, and profanity. She appeared in court at various times charged with counterfeiting, forgery, fornication, larceny, and assault. According to wil!iam Ransom Hogan, she ran the Mansion House Hotel in such fashion that 'Mrs. Mann and her 'girls' achieved a satisfying success' 0011- 5 Sexually Crienzr 'uslnesse~ Page i0 providing Houston with female companionship of a 'robust amd none too virtuous nature."' Universal kmusemenT. A more recent and perhaps more relevant attempt to regulate sexually oriented businesses in Houston occurred in 1977, with the passage of Ordinances 28-65 and 36-14. Ordinance 28-65 amended a prior ordinance to make it "unlawful for any person to Operate or cause to be operated an adult commercial establishment within two thousand (2000) feet of e Church, school or other educational or charitable institution." Under this ordinance, an "adult commercial establishment" was defined as "any business or enterprise having as a substantial or significant portion of its stock in trade or activity the sale, distribution, lending, rental, exhibition, or other viewing of material depicting sexual conduct or specified anatomical areas for consideration." Ordinance 36-14 made it unlawful to operaze within two thousand {2,000) feet of a church, school or other educational or charitable institution any motion picture theatre "which exhibits a film that explicitly depicts ... contact between any part of the genitals of one person and the genitals, mouth or anus of another person; ... contact between a person's mouth, anus, or genitals and the mouth, anus, or genitals cf an animal or fowl; ... manipulation of a person's genitals; ... defecation; or ... urinerich." Both ordinances required all businesses coming under the ambit of the'law to bring themselves into compliance within thirty (30) days of passage of the ordinances. (A third ordinance, not as significant, dealt with a redefinition of "public amusement park" and "places of public entertainment and amusement.") The 1977 ordinances were successfully challenged in a 1977 case styled Universal Amusement Co., v. Hofheinz. In an opinion handed down October 5, 1977, Jud~ R~ss N. Sterling granted the request of plaintiffs for declaratory and injunctive relief. At the conclusion of the trial, the Court orally declared the ordinances unconstitutional on their face, permanently enjoined their enforcement against plaintiffs, and severed plaintiffs' claims for punitive damages and attorneys' fees. For purposes of considering the ordinance now being proposed by the Committee, it is instructive to consider the grounds on which ~he 1977 ordinances were struck down as unconstitutional by the Court. Although at least one of the attorneys appearing before the Committee during its second session of hearings alleged that no ordinance could be fashioned that would meet the objections made by the Court, the Committee is of the opinion that it is indeed possible to draft such an ordinance. In summary, Judge Sterling held the ordinances unconstitu- tional on grounds of vagueness, stating that this alone would be 0011. q6 sufficient grounds to void the ordinance cm grounds of unccnsti- tutionality. Hoyever, he went on to say that in his cpininn there were other constitutional defects, namely that the ordi- nances were violatire of the First and Fourteenth Amendments to the Constitution by abridging the freedoms of speech and press guaranteed therein, that they denlea the plaintiffs the equal protection of the laws as guaranteed by the Fourteenth Amendment, and that they denied plaintiffs due process of law as guaranteed by the Fifth and Fourteenth Amendments. Vagueness. The Court found that the challenged ordinances violated basic tenets of constituti'onal law. It cited the general rule that whenever a penal statute is involved -- as was the case here, since a fine of up to $200 was to be imposed for violations of ordinance 28-65 -- the terms of that statute "must be sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penal- ties" and that "a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law." Mowever, the Court was quick to point out that even more than the usual rule requiring exactness in the drafting of a penal statute was involved in the case at hand. The ordinances in question were not only penal, but also restricted the exercise of First Amendment rights. While the Court did not hold that no such restrictions on First Amendment rights could ever be suc- cessfully enacted, it did state emphatically that in such in- stances even stricter standards than those required of ordinary penal statutes would be called for. The plaintiffs in Universal Amusement claimed that the ordinances under examination failed both the general test of strictness required of any penal statute, not to mention the stricter standard applied when a law restricting First Amendment rights are in question. With this argument the Court agreed. Especially troublesome was the lack of any definitions whatsoever for such words as "Church," "school," or "other educational or charitable institution." Similarly, the works "substantial" and "significant" as used to modify "portion of its stock in trade or activity" was found by the Court to be "hopelessly vague." As the Court pointed out: "Any theater which ever exhibited 'X or R' movies might be covered from time to time depending on the meaning of the words 'substantial' and 'significant.'" The Court noted that one of the asserted purposes of the ordinances was the protection of childrPn, but held that this 001127 Sexually Oriertc usinesses Page 12 proposed purpose was not sufficient cause to uphold the ordi- nances against constitutional cha!l~nge. Chief among the reascns why the Court made this finding was the lack of a connection between the stated purpose of protecting children and the term. s. of the ordinances. In other words, while the authors of the ordinances had proposed to regulate sexually oriented businesses for the supposed protection of children, the ordinances finally produced showed no rational relationship between their provisions and the stated purpose.. b:oreover, the allegation that an ordinance had been passed for the protection of children was not sufficient to exempt that ordinance from the ordinary requirements for strictness under the Constitution: "'It is ... essential that legislation aimed at protecting children from allegedly harmful expression no less than legislation enacted with respect to ~lts ... be clearly drawn and that the standards adopted be reasonably precise so that those who are governed by the law and those that administer it will understand its meaning and application.' ... 'the absence of narrowly drawn, reasonable and definite standards for the officials to follow'. . is fatal." Censorship. In addition to the vagueness issue, the Court cited other grounds which it deemed sufficient for a finding that the ordinances were unconstitutional. Among these grounds was the argument that the ordinances were unconstitutional because they violated the guidelines for obscenity set down in prior cases. The Court agreed that under Miller a narrowly dra~ statute could totally ban obscenity. The guestion, however, was that, assuming the ordinances in question would in effect totally ban adult commercial establishments in Houston, would such a ban be constitutional? The Court held that the ban was unconstitutional because the definition of obscenity employed in the ordinances went beyond wha~ had been approved previously. The ordinances were found to go far beyond what had been defined as obscenity. Citing the principle that freedoms of speech and press should be given the most liberal interpretation possible, the Court held that the ordinances, by going beyond what had been permitted by prior cases, created a ban on such businesses that was unconstitutional. Overbreadth. Simply put, a constitutional challenge based on overbreadth is a challenge based on the idea that in trying to solve a problem, a legislature -- such as a city council -- has gone farther than necessary and has in the process violated the Constitution. An egregious example would be the decision to deal with incidents of pawnbrokers occasionally shipping stolen merchandise by requiring all oawnbrokers within the city limits 0011.23 Pace to live in a particular sect!co of tcwn so that a watchful eve could be kept cn them. To paraphrase The Mikado, the !egls!at:Oe remedy should fit the problem. Another possible way of looking at it is that the cure should not be worse than the disease. In Universal Amusement the Court found that there was nc~. just overbreadth, but "substantial ouerbreadth." The Court seemed to be of the opinion that the attempt to regulate busi- nesses which dealt in material depicting "sexual conduct" or "specified anatomical areas" failed the overbreadth test because it raised the distinct possibility that the ordinances would "deter those who normally deal with such materials from exercis- ing their right to sell or exhibit them because (1) what they sell or exhibit might fall within the scope of the ordinance, and {2) their dealings with such material might result in the brand- ing of their businesses as "adult commercial establishments." In the opinion of the Court, the ordinances being challenged had the potential to effectively prohibit all theatres from showing "R" rated movies and medical bookstores from selling books on anatomy or physiology which depicted nudity or partial nudity. Coupled with the fact that the ordinances as written were not in the opinion of the Court subject to narrowing by state law decisions, the ordinances were found to be conseguently overbroad and therefore constitutionally infirm. Protected Speech. The ordinances that were the subject of the lawsult in Universal ~usement attempted to regulate to some extent activities normally considered as under the ambit of the First Amendment. Therefore one of the issues was whether the ordinances abridged freedom of speech in any unwarranted fashion. The Court noted that there could be regulation of such speech. But, the Court stated, such regulation must be reasonable. In the case of the ordinances at issue, the Court held that the administrative officials charged with enforcement of the ordi- nances were left free to exercise what the Court characterized as "virtually unfettered discretion." For instance, under the ordinances it was left to a policeman to determine what was a "church" or "school." Such breadth of discretion was found by the Court to be unacceptable in ordinances which proposed to regulate what were considered First Amendment activities. This concern for protected speech was heightened by the fact that as a practical matter the ordinances did not merely limit the time and place and manner where the activities at issue could be engaged in. Instead, in application the ordinances banned all such activities from the City of Mouston, at least as far as the Court could see under its review of the facts. Under such circumstances, the Court stated, it was impossible to say that these particular ordinances represented a reasonable restraint on the First Amendment activities at issue. 001].q9 Page Equal Protection. The Court in Universal kmusement also stated %nat while a city can treat different classes of people in different ways, the difference in treatment must be based on ~c~e rationale directly connected with the appropriate exercise cf municipal power for accepted purposes. The guestion in the particular case was whether the city, in treating the busine~se~ at issue differently than other businesses, was doing so for reasons that were grounded in acceptable public policy consis- tently applied. The Court also noted that of some importance would be whether the state had already enacted legislation to deal with the public policy issues stated as the grounds for the ordinances. In Universal Amusement, the Court found that the purported purpose of protecting children and permitting them to be raised in a suitable atmosphere, while perhaps worthwhile, did not call for the expansive ordinances that had been attempted. Moreover, the Court noted that there were already a substantial number of laws on the books at the state level dealing with the problem of protecting children from such activities. The Court distin- guished the Detroit ordinance, on which Houston had relied, by noting that one of the primary purposes of that ordinance was to preserve the quality of urban life. Given these facts, the Court* seemed to believe that the City of Houston had gone too far in its ordinances, given the goals it was seeking to accomplish. Due Process. The final issues dealt with by the Court in Universal A~nusement was that of denial of due process. The Court found that while some exercise of municipal authority in this area might be justified, the ordinances at issue went far beyond what was permissible and in effect deprived persons of their property without adequate reason or compensation. First, the ordinances effectively banned such businesses from the city even though it purportedly only limited their ability to locate in certain areas. Second, the ordinance-~ were drafted in such a way that even if a business could find an acceptable location, the business would forever be in jeopardy of losing its authority to operate if a church or school moved within the prohibited distance. Summary. In reviewing the decision of Universal Amusement for put-poses of its work An drafting an ordinance proposal, the Committee kept several points in mind with regard to the fore- going discussion. First, businesses that are argued as under the ambit of the First Amendment enjoy special protection. But even the Court in Universal Amusement seemed to indicate that such protection is not absolute and that reasonable regulation is permissible. Therefore, the Committee took special care in all matters of regulation affecting First Amendment businesses to exercise what the Committee deemed prudence and restraint, 001.130 Page proposing only those ordinance provisions necessary to effect the reasonable public policy goals which the Committee, on the basis of the testimony taken in the public hearings, thought necessary. Second, the Committee sought throughout its efforts to create an ordinance that would be as specific as possible, avoiding the problems of vagueness that plagued earlier forays into this field. Rather than some general prohibition against a broad category of activities, the ordinance proposal has rather tightly defined such activities, basing such definitions on the public policy purposes developed through the hearings and set forth in this Report and elsewhere. Third, the Committee was careful to avoid problems surrounding definitions of obscenity. As stated earlier, this was in part due to the fact that the ordinance is not intended as an anti-obscenity or anti-pornography effort, but is instead intended for purposes of preserving and enhancing neighborhood areas and property values through devices designed to help maintain the social and urban fabric. It is the Committee's belief that the definitions supplied in the ordinance give sufficient notice to reasonable persons as to whether such persons come under the ordinance. Moreover, it is the' Committee's belief that the definitions in the ordinance are not "open-ended," and that the problem of vagueness that plagued the 1977 ordinances in this regard has been effectively addressed. Fourth, the Com~.ittee worked diligently to assure that the solutions developed in the ordinance did not go beyond what was needed to solve the problem. For instance, the location re- striction with respect to schools was limited to primary and secondary schools as being the approach most consonant with =he overall desire to protect and preserve proper~y values and the urban environment through a variety of efforts, including pro- tection for areas where children and family activities are prominent. Similarly, the Coramittee proposed remedies only where existing remedies are weak or non-existent. For instance, if the state had taken sufficient action with r~spect to adult movie theatres and adult bookstores to deal with the problems brought out during the Committee's hearings, no further action on the part of the city would have been needed. Mowsvet, the state has enacted no such series of meaningful remedies. Therefore, Committee believed that the city should take such limited steps as it could -- keeping in mind the probable preemption on locational issues with respect to such businesses -- through signage and exterior appearance provisions as might usefully address questions such as preservation of property values and reasonable protection of an adequate standard for Houston's quality of life. 00].131 Pa~e !6 Fifth, the Co~.,mit[ee has provided ~n the ~rdina~ce for several avenues .of recourse for any party that believes himself aggrieved by administration of the ordinance. At the same time, however, the ordinance has throughout been designed to limit the discretion of the administrative officers in charge of the ordinance to minimize the possibilities for such abuses of discretion that would require redress. Sixth and finally, the Committee has spent considerable rime reviewing computerized maps to give reasonable assurance that while the ordinance may be restrictive in absolute terms of locations available to sexually oriented businesses, it is not prohibitory in what it seeks to accomplish. After reviewing a series of maps developed in accordance with the distance formulas set forth in the ordinance, the Committee feels that there is reasonable evidence to support the conclusion that such is indeed the case. REMEDIES ADOPTED BY OTHER CITIES Houston is not the only American city to have had to deal with the problem of sexually oriented businesses. Other munic- ipalities such as Detroit, Boston, Chicago, Dallas, Los Angeles, and Santa Maria, California, as well as regional goverrunents such as Fairfax County, Virginia, have also grappled with the issue. Although Houston is unique as compared to these other governments with respect to the zoning issue, there are nonetheless lessons that can be drawn from comparing the experience of other municipalities to our own. Detroit. The efforts of the city of Detroit to regulate sexualy~ented businesses found their roots in attempts made in 1962 to combat the skid-row effects occurring in certain neighborhoods. Ultimately, the city in 1976 amended the anti-skid row ordinance developed out of that earlier effort to cover sexually oriented businesses. These new regulations were upheld by the United States Supreme Court. The key elements of this ordinance provided the following: (1) Sexually oriented businesses were explicitly defined; (2) Sexually oriented businesses were prohibited within five hundred feet (500') of an area zoned residential; SexualIv oriented businesses were prohibited from locating within one thousand feet (1000') of any two other regulated sexually oriented businesses; and 001.1.32 (4) A process was defined whereby it would be possible to waive the foregoing regulations if no skid-row effects generated by the establishment of a particular sexually oriented busiDess could be shown. The fourth part of the ordinance enabled the city of Detroit to evaluate applications for the operation of sexually oriented businesses on a case by case basis. In cases where it was not clear that the proposed business would have a deleterious effect, a conditional permit might be granted. The provision, however, suffered from several serious drawbacks. Most important among these were the serious administrative burden that the potential exemption placed on the regulatory procesN, and the potential for abuse of the system of granting exemptions. Even more important, however, was the fundamental reason why the Detroit ordinance was upheld where other ~imi!ar such efforts had failed. Simply put, the city of Detroit was successful because it did not not just react to a public outcry, but had developed an ordinance where, in the words of the Supreme Court, "the relationship between the regulation and the evidence sup- porting it" actually existed. The evidence seemed to show that' the 1,000 foot rule and the 500 foot rule were directly related to skid-row effects and that the city ~ad actually carried out some analysis of the problem. In essence, the city of Detroit cured one of the most com.~on defects in such ordinances by conducting a careful investigation of the problem, by refusing to act precipitously, by laying out in a complete fashion the rationales for its regulatory actions and by making sure that the ordinance as finally drafted and enacted tracked the rationales which had been developed during the evidentiary phase of the ordinance-writing process. The Com.mittee has therefore adhered to the Detroi~ approach to procedure in drafting this ordinance. Boston. The BOston response to the problems of sexually oriented'~sinesses was rooted in the same concern for neighbor- hoods and property values that prompted the Detroit ordinance. The Boston solution, however, was markedly different from that adopted in Detroit. Rather than regulating the location of ~uch businesses around the city, Boston "joined 'em" by zoning a particular tract of land in the downtown area for the sole use by sexually oriented businesses. This was the area that would become popularly known as the Boston "Combat Zone." The Combat Zone was located at one edge of the Boston Common, beginning at the corners of Tremont and Boylston Streets. The area surround- ing the Combat Zone was at the time of its establishment primarily. commercial and retail with a few legitimate theaters 0011.33 Sexually Orie-.t ,;usinesses Page ] 8 mixed into the general run of office buildings and retail and wholesale operations. Substantial residential housing cr resi- dential activities were not part of the fabric of the neighborhood. The decision to create a Combat Zone proved advantageous to' the city of Boston for a number of reasons. First, the creation of a single such zone where all businesses were treated alike avoided any charges that the Boston regulatory scheme violated the equal protection provisions of the Fourteenth Amendment. Second, by creating a particular zone where such businesses ccu!d be established without question, the City avoided the sometimes difficult issues involved in trying to define what would or would not be considered a "sexually oriented business." Finally, the city was under this scheme able to avoid the difficulties and confusions that can sometimes be attendant upon any systen involving licensing. In addition, the Boston approach entailed lower administrative costs, gave the city firm control over the growth of th~ sexually oriented businesses industry, and provided city officials with a controlled environment -- essentially a laborafory -- in which to investigate the effects of sexually oriented businesses on their surrounding environment. It is interesting to note that while the Boston plan has met with' reasonable success, it has not been copied by any other American city. While the Committee was urged to consider the combat zone concept for Houston, the proposal was discarded at a rather early point in the deliberations. The principal reason for rejecting the concept was the geographical difference between Boston and Houston. Boston proper is a city Of fairly limited land area. Houston currently contains approximately 560 square miles. While a single combat zone might work in Boston, given its limited size, the Committee concluded that a defensive combat zone approach in Houston would require at least several such areas throughout the city. Othervise, those located at a distance from the single combat zone might argue that their right of access to sexually oriented businesses had been wrongfully limited. The other problem, of course, would be that of locating sites for these multiple combat zones. Although several witnesses advocated this approach to the Committee, no witness was ready to volunteer his or her area as a candidate for such a zone -- itself eloquent testimony to the perception of the effect of these businesses on their surrounding areas, a perception that expert witnesses would show appears to translate into adverse consequences for property values. 001.1.34 Page i9 Chicago. In 1977, the city of Chicago amended its ~uriciDal code to l~clude new regulations on adult-use businesses. Chicago ordinance generally followed the Detroit legis!a:io~. The basic strategy of the regulatory scheme could be broken into three parts: first, there was a strong effort to define the purpose and intent of the ordinance; second, there was a good deal of effort put into defining sexually oriented businesses: and third, there was substantial time spent to carefully define the type of regulation and enforcement being adopted. The Chicago ordinance also had some features not found in the Detroit ordinance. First, registration standards were imposed that required nine types of responses, mostly concerning owner- ship. Certain restrictions, though vaguely defined, were placed on exterior displays. On this particular point, the ordinance provided that "no adult use shall be conducted in any manner =hat permits the observation of any material depicting, describing or relating to 'specified sexual activities' or 'specific anatomical areas' from any public way or from any property not registered as an adult use." This provision was under the ordinance applicable to "any display decoration, sign, show window, or store opening." Finally, fines of not less than fifty dollars ($50.00) nor more than two hundred dollars (S200.00) were imposed for each offense -- with the provision that in the case of a continuing offense each day during which the offense continued could be counted as a separate case. Dallas. The city of Dallas adopted an ordinance regulating sexuayl'r?'~riented businesses in 1977. Interestingly, while Dallas is a zoned city, this regu!atory ordinance was not made part of the zoning ordinance, but rather was incorporated into the general municipal code. The Dallas ordinance, like that in Chicago, was closely modelled on the Detroit law. Under the Dallas ordinance, the distance requirement between sexually oriented businesses and areas zoned residential was one thousand feet (1000'). This distance was measured as a straight line from property lane to property line of the two conflicting structures without regard to intervening structures. It is instructive to note that this one thousand foot (1000') re- striction was struck down due to lack of evidence as to the de:eriorating effects sustained by neighborhoods as a result Of the interposition of sexually oriented businesses. Los Angeles. In 1978, the city of Los Angeles imposed a thirty (30} day moratorium on the establishment of new sexually oriented businesses in order to provide an opportunity for the city to draft a new and comprehensive ordinance regulating the industry. (It is not clear whether such a moratorium would be permissible under recent antitrust decisions involving the 001].45 Page 20 liability of municipalities for violation cf the Sherman Act.) The city then used its Planning DepartTent to study the effects of sexually oriented businesses on their surrounding envircn- ments. The conclusion of this study was that regulation of sexually oriented businesses was necessary to "prevent the continued erosion of the character of the affected neighborhoods." The drafting ofthe Los Angeles ordinance followed the basic pattern established in the wake of the successful effort by the city of Detroit. What businesses were "sexually oriented" was meticulously defined and the activities of those businesses were likewise carefully delineated. Similar care was taken in the ~efinition of the city's regulatory authority and with respect to the fines imposed for violations of the ordinance. An additional section provided for severability of the ordinance, thus allowing the ordinance to stand even if a particular section failed a judicial test. At this writing, our best information indicates that the Los Angeles ordinance has withstood any challenges and remains intact as originally passed. Again, a key element in the success of the ordinance was the careful development of information on the ' nature of the problem being addressed, thoughtful efforts to delineate as clearly as possible the intent and operation of the ordinance, and a strong rational tie between the problems being addressed and the regulatory scheme. Fairfax County, VirGinia. The ordinance adopted in Fairfax County, Virginia, for the regulation of sexually oriented busi- nesses again follows the general pattern successfully established by the city of Detroit. Mowever, in the area of issuance of permits, the Fairfax County ordinance is much more detailed. Specifically, the Fairfax County ordinance gives the chief of police jurisdiction over the application process. In exercis- ing this responsibility, the chief of police receives assistance from the Inspection Services Division, the Fire and Rescue Services, the Director of Health, and the Zoning Enforcement Division. The annual fee for renewal of the license is Two Thousand Dollars ($2,000.00); this annual renewal fee is in addlticn t~ a business license tax. The applicant must also complete a comprehensive application form dealing with the type of business, location and ownership. With respect ~o ownership, in-depth information is requested, and checks are made on the criminal records or prior questionable activities of the appli- cant. Additionally, permit fees are required from massage techni- cians. These permits specify fees, term of the permit and health 001136 Pa~e 21 requirements. Again, the apDlication is comorqhensive and delves into the apptica0t's background and history, and is accompanied by fingerprints. The ordinance also goes further than the Detroit law in setting minimum ~tand~r~ for sexually oriented businesses with regard to structure and neneral hygiene, the. display of permits, and the establishment of'a right of entry for relevant government inspection agents. Santa Maria, Ca'lifnrnia. The ordinance enacted by Santa Maria, California, is interesting in that it provides a regulato- ry scheme whereby sexually oriented businesses are divided into different classes, as follows: "Class A" sexually oriented businesses are those which provide entertainment in conjunction with the operation of an eating place. "C/ass B" sexually oriented businesses are those which provide entertainment in conjunction with a business whose principal activity is the serving of alcoholic beverages. "Class C" sexually oriented businesses are those where entertainment is offered in conjunction with either of the business activities described as "Class A" or "Class B," but where the exhibition of the human body is involved. Under this regulatory scheme, "Class A" businesses are the most lightly regulated, "Class B" businesses more so, and "Class C" businesses most of all. "Class C" businesses must deposit with the Director of Finance a refundable depositof five hundred dollars ($500.00). This deposit would be used to pay the costs of additional city services such as police and fire assistance. This particular legislation was probably less referred to by the Committee than any other statutory scheme because its purposes seemed on the face of the ordinance to differ notably from the purposes of the ordinance proposed for Houston. SECTION-BY-SECTION SUF~/RY OF ORDINANCE Legislative Findings. The legislative findings sections of the ordinance has been drafted to summarize as concisely but as completely as possible the underlying reasons why an ordinance is needed, and why the ordinance has been structured in its present form. This Report is also incorporated by reference into the Legislative Findings. The city bases its right to regulate sexually oriented commercial enterprises on its general police powers -- the right 001].37 to pass legislation to assure public safety, health, morals other related goals. The city also bas~s its right to regulate as proposed in this ordinance under specific grants of authcrlty from the state, including Art. 1175, ~22 (authorizing regulation by municipalities of places of public amusement), Art. 1175, (authorizing licensing by municipalities of businesses suscepti- ble to the police power), Art. 1175, 524 (authorizing municipal regulation of billboards and other exterior signage), Art. 1175, S34 (authorizing municipalities to exercise the general police power), and Art. 2372w (authorizing municipalities to regulate businesses whose principal activity is the offering of services intended to provide sexual stimulation or sexual gratification). The Committee has proposed that Council exercise the foregoing powers on the basis of its findings generated through the hearings held by the Committee and Council between Novem- ber 4, 1982 and October 25, 1983. These findings have already been discussed at some length in the foregoing subsection titled "Analysis of Testimony." The Legislative Findings section of the ordinance briefly summarizes those findings. Article I: Definitions. The definitions included under Article I have been carefully crafted to conform with the Commit-' tee's intention to regulate as effectively as possible, without infringing on federal constitutional guarantees, areas preempted by state legislation or the operation of legitimate businesses. Although most of the definitions are by their nature self-evident, comments on some of the definitions are warranted to underscore the balance which the Committee constantly sought between effective regulation on the one hand an~, on the other, the limits placed on municipal action by federal constitutional guarantees and state law. "Enterprise," for example, refers only to those establish- o stimulation or gratification. Inclusion of the word "major" is intended to exempt out such businesses as conve- nience stores which sell "Playboy" or "Playgirl" or other similar such magazines as a relatively small part of their overall opera- tion. In addition, specific exemptions are granted to several categories of businesses. Adult book.~tores. adult movie theatres and bUsinesseS licensed to sell alcoholic beverages are exempted because of apparent preemption by sta~e law; massage parlors are omitted because they are covered by another city ordinance. (It should be noted, however, that although the foregoing businesses are not defined as "enterprises," and that.fore not subject to the locational and permit requirements of the ordinance, they still are subject to specified provisions of the ordinance-) Businesses licensed by the state, such as those employing 001138 Page 23 psychologists or ph},sicians are al~c exempted, as are bu.~nesses whose major activity is the selling of clothes. The definitions in Article I also offer good examples of the consistency in reasoning which the Committee sought to achieve in its work. For instance, it has already been noted that a ma?cr theme in the testimony heard by the Committee concerned the deleterious effects.of sexually oriented businesses on children, and the consequent problems caused for neighborhood stability and the quality of life, as reflected in property values. For this reason, schools were placed within the category of protected establishments near which such sexually oriented businesses cannot be located. (It was this same general line of reasoning -- namely, the need to protect areas freuuented by children and u~ed for family oriented activities -- that led to including churches among the protected activity categories.) Mowever, it was also concluded by the Committee that at some point a person, even though still in school, matures to the point where the city can no longer reasonably claim the right to protect him or her from such businesses. While the age at which maturity may be achieved by different individuals may vary, it was concluded by the Committee that a reasonable cutoff age as a general rule would be seventeen (17), coinciding with earliest usual age of' graduation from secondary school. For this reason the definition of "school" (Article I, Section V) is'limited "to public and private schools used for primary or secondary education." Another problem the Committee faced in drafting the ordi- nance proposal was to minimize opportunities for circumvention of the ordinance. Concern was expressed by all members of the Committee and by the Legal Department, that some sexually oriented businesses, eager to escape the locational restrictions placed upon them, might s=art showing movies and argue that they were in fact "Adult Movie Theaters" protected by state law and not subject to municipal restrictions on location. The Committee has sought to deal with problems of this sort by careful drafting, as in the definition of "Adult Movie Theatre", which specifically requires that such theatres have tiers or rows of seats facing a screen or projection area, making it clear that simply setting up a projector and a screen will not make a modeling studio a movie theater under the ordinance. Article II. Permit Required. Article II of the ordinance establishes that all sexually oriented commercial enterprises within the Houston city limits must obtain a license from the Director of Finance and Administration before they can operate. Article III. Permit Applications. The requirements which must be fulfilled before a permit may be granted to a sexually oriented commercial enterprise are set out in Article III. The 0011.39 Sexually Orient~ usinesses Page 24 list of information to be supplied, which shall be submitted to the Director of Finance and Administration, was taken for the most part from the present ordinance 28-73. This was decided by the ComMittee on the basis of issues raised during the hearings. For instance, a number of witnesses cited the problems inhernnt. in tracking down the person ultimately responsible for a partner- ship or corporation; hence, the Committee has recommended a series of ownership disclosures which, while not onerous to the business enterprise, will provide information adequate for reasonable enforcement of the ordinance should its provisions subsequently be violated. The application requirements also call for submission of relevant state-issued documents pertaining to the authorization of the enterprise to do business within the State of Texas. The application form shall also include a written declaration that all information contained in the appli- cation is true and correct, and that the applicant is in con- formity with all provisions of the ordinance: violation of these provisions will be grounds for suspension or revocation of the permit. Article !V. Permit Fee. The ordinance establishes a permit fee of $350.00 for each permit application. The amount of this fee was based on testimony by william R. Brown, Director of' Finance and Administration, which fixed the cost of processing each such application at within Ten Dollars ($10.00) of the $350.00 figure later adopted by the Committee. Since the $350.00 represents the cost to the city of actually processing the application, regardless of whether the permit is approved or disapproved, the fee is payable at the time the permit is re- quested and shall be nonrefundable. The permit shall be good for one year from the date of issuance, and shall be renewable annually; the S350.00 fee for each renewal of the permit repre- sents the costs of each year's review of the permit application and the ongoing costs of administering the regulations estab- lished by the ordinance, including the costs of enforcement through inspections of the establishments by city personnel. It should also be noted that just prior to submission of the proposed ordinance to Council, a general review of all fees and charges of the City of Houston was undertaken. This general review, which will generate the most reliable direct and indirect cost data in the city's history, may produce a different figure for the processing of the permit. If so, an adjustment (most likely upward) will have to be made in the permit fee. At the time of this writing, however, the $350.00 figure still repre- sents the best estimate of the actual cost of processing the application and administering the regulations proposed under the ordinance. 001.1.40 .~age 25 Article V. Issuance or Denial of a Permit. A~u~ing the submitted app!lca=lon conforms to the requirements of the crdl- nonce, the Director of Finance and Administration must within twenty (20) days issue a permit to the applicant. Although there are several grounds on which an application for a permit will be denied -- the failure to supply all of the required information; for example, or the giving of information that is knowingly false, fraudulent or untruthful -- the most important of these reasons focuses on Certain distance requirements that must be met in the location of sexually oriented commercial enterprises. (Again~ exempted from these locational restrictions are adult movie theaters, adult bookstores, businesses selling alcoholic beverages, and massaqe parlors.) Specifically, the ordinance would require that all subject businesses be located not less than 750 feet from a church or school (both terms being defined in the ordinance) and not less than !,000 feet from each o~her. (In the event two such businesses are closer to each other than 1,000 feet, then Article VI, Section B provides that a permit shall be issued to the applicant "having the longer period of enterprise ownership at the same location for which a permit is sought.") A third distance requirement set out in Article V has been' characterized as the "residential concentration" test. A circle with a 1,000 foot radius is drawn around the location of the proposed business.' If within the circle thereby determined seventy-five percent (75%) or more of the tracts are residential (that is, if seventy-five percent (75%) or more of the tracts were coded as residential, in the city's Metrocom computer), then the business could not locate there. Conversely, however, should land use in the area become more commercial, such that the percentage dropped below seventy-five percent (75%), the business might under a new permit application be granted the right to operate at the formerly unacceptable location. These distance requirements are good examples cf the Co~mit- tee's efforts to analyze the information preserved during the public hearings, to distill from that information the real nature of the problems to be addressed and to then develop solutions logically and consistently related to the actual problems. For example, while many who testified acknowledged the right of such businesses to exist, and while many of these same witnesses expressed solicitude for the rights of those who might want to avail themselves o£ the goods or services offered by such busi- nesses, the same witnesses also expressed strong concern about balancing these considerations against the effects such busi- nesses might have on children and the fabric of the family unit, as well as property values and the quality of urban life. In reviewing the testimony, the Committee concluded that this concern was justified -- particularly in light of some of the 0011.41 Pa~e 26 expert testimony offered -- and hence created the 750 foct rule with respect to churches and schools which were viewed as centers for family oriented activities. A second set of problems brought out in the hearings is the. detrimental effect that the clustering of such businesses can have on a surrounding area. Testimony from the Chief of Police, as well as information supplied by residents of areas where concentrations of such businesses are unusually high, repeated the point that the clustering of such businesses exacerbate the problems they create by developing an atmosphere in which a "secondary market" of illicit activities -- both sexual and otherwise -- are encouraged. Although most witnesses agreed that the location of such businesses could not be restricted in such a way as to effectively eliminate them altogether, most witnesses -- including the Chief of Police -- stated that in their view a "separation" or "nonclustering" provision would alleviate some of the problems normally associated with the operation of such businesses. In reviewing this testimony, and in considering the experience of cities such as Detroit, the Committee concurred with the judgment of the witnesses and therefore included a requirement regarding spacing of the businesses from each other. A third set of problems identified during the hearings was the difficulties created when these businesses locate in areas that are primarily residential in character. These problems are aggravated in Houston because of the lack of zoning laws; in the absence of any ordinance, only deed-restricted developments are allowed some measure of protection and even that degree of protection Stops at the border of the deed restricted area. Most witnesses who testified on this point before the Committee acknowledged that there was little likelihood that zoning would be imposed in Houston. At the same time, however, many of these same witnesses indicated their belief that reliance on deed restrictions as the sole method of protection was woefully inadequate, particularly since so many of the areas most severely affected by the problem of sexually oriented businesses were ones in which deed restrictions had irrevocably lapsad, or in which such restrictions had never existed at all. In reviewing the testimony on this point, the Com~nittee concluded that there were sound policy reasons for the city to provide greeter protection for areas of high residential conoen- tration from the adverse consequences of too many sexually oriented businesses. Concern for children and family-related activities already cited above with respect to the distance requirement from church and schools was likewise a factor here. Concern was also felt for the need to maintain some degree of stability in residential areas so as to provide at least a measure of corresponding stability in the property tax base. 001].42 Finally, concern was expressed that the protecticns afforded deed restricted areas, however minimal, ought to be extended b providing singular (if not the same) protection to any areawit~ a high concentration of residential usage. (Although the Committee considered extending the same sorts of proactions to areas less residential in character, it was not thought that the' same policy considerations applied with equal force as areas became "less residential.") In evaluating these distance requirements, the Committee also remained sensitive to concerns that were raised during the hearings by opponents of the ordinance. For instance, at least one of the lawyers representing some of the businesses that will be affected by the ordinance argued that the "residential concen- tration" test was tantamount to zoning. After careful considera- tion the Committee respectfully disagreed. To the Committee, there is a great deal of difference between an ordinance creating a zoning commission which then proceeds to establish use cate- gories for entire areas of the city and an ordinance which merely requires that if the market, operating freely, has resulted in an area that is "predominantly residential" in character, then certain businesses cannot locate within a fixed distance of that area. In the first instance, the city dictates land usage and' only a change by the city in the ordinance fixing such usage will permit deviation from that rule. In the second instance, the city merely provides that in the event usage in a particular area should through operation of the free market develop along certain lines, then certain restrictions will be involved. Conversely, should the market dictate a change in overall usage of an area (as in a case where an area formerly predominantly residential became commercial}, then the city restrictions would be lifted. The difference might best be characterized as that between active and passive -- or "reflective" -- land management. The Committee also took quite seriously the concerns ex- pressed during the hearings by some representatives of the affected businesses that determining whether a proposed location would conform with the ordinance would prove unduly burdensome and costly. nowever, the Committee believes that introduction of the Metrocom computerized mapping system into city government effectively answers this concern. As stated in testimony offered before the Committee by Ken Strange, the Metrocom administrator., it will be possible, for a minimal charge which reflects the actual cost of computer and clerical time, to determine in advance -- and within just a few hours -- whether a particular proposed site is permissible for a sexually oriented business. Under the circumstances, the Committee concluded tha~ the "res- idential concentration" test was not only a suitable remedy for some of the problems adduced during the hearings, but also that 001].43 the test would nct place an undue cr unfair burden cn the businesses to be regulated. A brief comment should be made with respect to the appeals process established to provide recourse from permit denials by the Director of Finance and Administration. While an initial appeal hearing before the Director is provided for in the ordinance, the Committee felt that given the nature of the issues involved, and the desire to assume that the ordinance in both theory and oractice did not ooerate to abuse individual rights, an appea'I"t~ Council should al~o be provided. This has been done in Article V, Section E. Article VI. Existing Enterprises. The method of transition from the present situation to t at under the new ordinance, and specifically the treatment of previously existing businesses under the new ordinance was the subject of considerable thought by the COmmittee. The results of that lengthy consideration of the transition problems are embodied in Article VI. Section A Of Article VI provides the timetable under which businesses must conform with the ordinance. For this purpose the ordinance divides the City into four quadrants; compliance with' the terms and conditions of the ordinance are phased through use of these quadrants. Section B provides-that where two subject businesses are within 1,000 feet of each other, that business having the longer period of ownership at the same location shall receive the permit, while the business with the lesser ownership period at the same location shall be denied a permit. In the opinion of the Committee, this approach seemed the fairest way to treat the difficult problem of dealing fairly with businesses too close together to comply with the ordinance, without abandoning entirely the attempt to enforce the ordinance against existing businesses. The Committee chose to remain consistent with this "prior in time, prior in right" approach by providing that where a subject business is closer than 750 feet to a church or school, that business will not be required to abandon the location if it can be shown that the period of enterprise ownership at the same location exceeds the length of time the church or school has been located at that site. Sections C ana D of Article VI deal with the difficult issue of grandlathering versus amortization of existing businesses. The Committee decisions with respect to the issues raised by this question again exemplify the careful attempt to base legislative action on the relevant information gathered during the hearings process as well as the desire of the Committee to offer the maximum possible protection to individual interests while also dealing effectively with the need for action testified to in the hearings. 00114 Sex'.'a:l.v Or'-en-.~ usinesses Page 29 During the hearings, it became evident to the Com.mittee that the problem~ created by EexuallV oriented businesse~ had been allowed to persist for so long that merely addressing the prcblem "from here on out" would not be adequate. Prospective leg!s- letion would do little or nothing to alleviate the current serious problem caused by businesses already existing. The Committee therefore concluded that existing businesses should come under the ordinance; for this reason the Committee rejected grandlathering of existing businesses and determined that amor- tization would be the appropriate approach. At the same time, however, the Committee recognized that even if existing busi- nesses were to be brought under the ordinance, this could not be done in a way that would ignore the investments that had been made in the businesses (and therefore orima facie unconstitu- tionally deprive persons of their property with'~just compen- sation,). The Committee understood -- and if it had not, it certainly would have after having been drilled on the point numerous times by representatives of the Legal Department -- that even under an amortization approach the amortization period could not be so short as to effectively deprive the owners of the subject businesses of their property interests without just compensation. Sensitivity to the need for an adequate amortization period was frustrated, however, by the lack of-evidence in the hearing record on which the Committee could base its decision as to what constitutes an appropriate amortization period. No member of the affected industries, nor o~-ners or representatives of affected individual businesses, appeared before the Committee for purposes of offering testimony on this point. (One owmer of an adult bookstore did suggest, by written correspondence to the Commit- tee, that the amortization period be extended to ten (10) years; however, the Committee believed that this suggestion was un- realistic. Certainly the recommendation was not supported by any factual data.) In the absence of such testimony, the Committee found itself in a difficult position. While the Committee admittedly wished to legislate the shortest possible period within which subject businesses must come under the ordinance or, alternatively, abandon their present locations, the members did not want to impose a time limit that, based on actual numbers, was unfair. The problem, however, was that the numbers were not available because the relevant affected businesses had chosen not to supply them to the Committee. (The Committee briefly considered using the subpoena powers available to Council under the Charter when considering such legislative matters, hut decided against doing so for reasons explained below.) 0011.45 In the end, the Committee devised ordinance provisions '- Sections C and D of Article VI -- which deal with this dilemma an effective, fair and practzcal way. Section C of Article provides that if an existing business cannot qualify for a permit under the ordinance, then that business shall terminate its. operations at that particular location within six months after the business receives notice from the Director of Finance and Administration of ~ts ineligibility for a permit. However, should any business so notified believe that six months will be insufficient for the business to recoup the investment represented by the enterpriBe, then the owner or owners of that business shall have the right to petition the Director of Finance and Administration for an extension, which can be as long as the Director determines appropriate based on the evidence presented. The Committee believes this approach adeguately answers the dilemma presented by the lack of factual testimony in the record as to the earning capacity of these businesses. The provisions set forth a reasonable minimum time period for compliance that speaks to the Committee's desire for speedy implementation of the ordinance. At the same time, businesses Which believe six months is too short, can, if they choose, come forward with books and records supporting their contention that they are entitled to a' longer amortization period -- indeed, to as long an amortization period as they can prove. Should the .Director of Finance and Administration refuse to grant such an extension despite the evidence submitted or should the extension be less than that reasonably justified, the decision could be appealed to the Council under Article V, Section E. And if that appeal failed, it is the Committee's understanding that the applicant may have standing to appeal the Director's decision to the state district courts as an arbitrary and capricious exercise of discretionary authority under those doctrines relating to taking of property. The Committee believes that this approach is fairer and more feasible than fixing a longer period of amortization effective with respect to all businesses. Moreover, this approach avoids the need to subpoena books and records from business owners unwilling or at least hesitant to divulge financial information in order to develop an amortization period grounded in a hearing record. Instead, the decision is left to each individual busi- ness and its owner as to whether that particular owner wishes tO divulge business data in order to secure an extension of the six month time limit. This assures the business owner maximum privacy should he or she so desire, while also allowing the city to achieve its goal of speedy compliance with the ordinance in order to deal as effectively as possible with a serious existing problem. 001.1.46 Page 3 1 A_-ticle VII. Revocation of Permit. The Com.mi~tee in hearing testimony became concerned not Dust about the circumstances ~nder which the initial permit would be granted, but also abou~ the means by which a permit could be revoked should a business fall out of compliance with the ordinance during the term of the' permit. For this reason, the Committee requested the drafting cf provisions that dealt with the principal problems testified to during the hearings. as to the operation of these businesses. These common problems can be classified as follows: Minors as Employees. A number of witnesses before the Committee expressed concern, particularly with regard to adult modeling studios, as to the actual age of some persons employed on the premises. Article VII, Section A(1) provides that a permit shall be revoked if persons under the age of seventeen (17) are found to be employees of a subject enterprise. Seventeen years of age was selected to comply with relevant state law. A companion provision, Article XI, prohibits the entry upon the premises of such businesses of anyone younger than seventeen, and requires each affected business to provide an attendant to assure compliance with this prohibition. Exterior A~Dearance and Signage-. Although a majorlty of the wztnesses appearing before the Commit- tee felt that the control of the exterior appearance and signage of such businesses would help deal with the negative effect cf such businesses on neighborhood stability and property values, most also stated concern that such provisions, if enacted, would not be heeded seriously by the businesses in question. In consider- ing these arguments, the C~mmittee concluded that effective enforcement of these provisions was a neces- sity. The Committee therefore provided that violation of these provisions will result in loss of the permit to do business. Recurrin~ or Chronic Criminal Activity. A consis- tent theme in the testimony before the Committee, whether offered by experts, citizens with specially significant experience with sexuall.v oriented busi- nesses or members of the general public, was the problem of associated crime taking place in these establishments without action being taken by the city or any other suitable authority against such establishments. Once again, many witnesses stated that while they understood the need to accept the right of such businesses to exist, they believed there was a need to provide sanctions against those businesses 0011.47 ~age ~ which operate outside the law or which permit (either deliberately or by acts cf omission) unlawful activities to take place on their premises. Article VII, Section A(3) addresses this problem raised during the hearings by providing that whenever three or more persons are adjudged guilty in a trial court of committing certain criminal acts (as specified in Chapter 2~, Chapter 43, Section 22.011, or Section 22.021 of the Texas Penal Code) on the premises of such a business, the permit of that business will be revoked if it can be shown that the owner or operator of the business either knew of the activities and did not seek to prevent them, or else failed to take adequate steps to become aware of the activity. The Committee believes that the concept of three or more persons being found guilty in a trial court serving as the triggering mechanism for this position is both fair and effective. Requiring actual cOnvic- tions deals with the concern expressed by some during the hearings that such a provision, if triggered only by a certain number of arrests, would encourage police harassment of such establishments. The sensible alternative appeared to require judicial action on the arrest. At the same time, however, members of the Committee were keenly aware that the pace of the judicial process makes it unlikely that in any one-year period three or more persons would be arrested, tried and have their cases heard at all levels of appeal. Given these realities, Article VII, Section A(3) represents a compromise in which judicial action is reCuired, but completion of the appeals process is not. Moreover, should a particular business owner feel that this revocation mechanism is being used improperly against him because of some defect in the adjudications relied upon, this issue can be raised independently in the appeal on the revocation where the Director can then make a determination on the merits of the argument separate from the criminal process. False, Fraudulent or Untruthful Permit Informa- tion. One o~ the most significant difficulties reported to the Committee during its hearings by those agencies currently charged with enforcement of existing laws against those businesses proposed to be covered by the ordinance is the lack of accurate and complete data. In many instances according to testimony this lack of information is due to the businesses themselves, which engage in practices ranging from legally complex schemes of corporate ownership that 001.1.48 obscure true authority and control to outright falsehoods and fraudulent misrepresentations wlth respect to the operations of a business. It is of course impossible to divert those who are determined to undertake such actions from doing so. But the Committee concluded that a major gap in enforcement would be created if the giving of false, fraudulent or untruthful information on the application form were no: provided for; this is the reason for, and purpose of Article VII, Section A(4). As a concluding comment, the Committee would point out that all of the revocation provisions are subject to the same appeals Rrocess provided for elsewhere throughout the ordinance. (These appeals provisions are set out in detail in Article V, Sections C through E.) This appeals process would include an appeal to Council. The Committee is also of the opinion that in the event Council were to uphold the revocation of a permit by the Director of Finance and Administration, that decision would be subject to appeal to a state district court. Article IX. Other Permit Provisions. Article IX includes a member of miscellaneous but Important provisions. Section A requires posting of the permit on the premises of the business authorized by that permit. The permit must be posted in an "open and conspicuous" place to assure ease of enforcement by public officials. (Open and conspicuous posting of the permit also benefits the business,. since it allows for a check of the per- mit's existence with a minimum of disruption to normal business operations.) Section B makes all permits issued under the ordinance good only for the location for which the permit was originally issued; in addition, permits are not assignable or transferable. This latter provision was adopted by the Committee in response to the problem cited during the hearing of "rolling over" ownership of a business. The propensity of such businesses when under scrutiny (as during a court case brought by the city for prohibited activities) to change ownership and thereby continue to do business while avoiding further legal action (because the new owner has not been named as a defendant in the city suit) is ~ea!t with ~y =aking any such change of ownership grounds for termination of the permit. Section C of Article IX makes it unlawful to counterfeit, forge, change, deface or alter a permit in any way. Articles IX and X. Restrictions on Exterior Appearance and Signage. Article IX which covers all sexually orien=ed busi- nesses, as well as adult bookstores, adult movie theatres, and massage establishments, sets restrictions regarding the external 001149 ,. ~age 34 appearance Of all ~uch businesses. (with respect to businesso's selling alCoholr only signage and not exterior appearanqe is regulated.) First, no such business can allow its qocds or services to be visible from an~' point outFide th~ establishment. Second, the ordinance forbids the use c? flashing lights pictorial representations on the exterior of such businesses~ words can be used to a limited extent as noted below in the discussion of Article X. Third, the ordinance requires that all such businesses be painted a single achromatic color -- that is to say, some shade of grey. Exceptions to this requirement are permitted where the business is located in a commercial multi-unit center where the entire c~nter is painted the same color, or where the color scheme employed is part of an overall architectural system or pattern. (A similar exception is pro- vided for any unpainted portions of the exterior.) The ordinance provides that all subject businesses will come into conformity with these provisions of the ordinance within six months of the effective date of the ordinance. Article X regulates the signage of all sexually oriented businesses, including adult bookstores, adult movie theatres, and massage establishments; businesses licensed to sell alcoholic beverages also are subject to the signage provisions. The' ordinance allows two types of signs to be displayed. The first type -- a "primary sign" -- may contain only the name of the establishment and a generic phrase, selected from phrases specified in the ordinance, describing the nature of the establishment. The letters on a "primary sign" must be uniform and must be of a solid color. The background on the sign also must be of a solid color. Additionally, "primary signs" must not contain any pictorial representations or flashing lights, must be rectangular, must not exceed 75 square feet in area, and must not exceed 1O feet in height and ]0 feet in length. The second type of sign is the "secondary sign." A "secondary sign," while smaller than a "primary sign," has fewer restrictions placed on it. "Secondary signs" are regulated only to the extent that they must be attached to a wall or door of an establishment, must be rectangular, must not exceed 20 square feet in area and must not exceed ~ feet in height and 4 feet in length. Non-conforming signs must be removed or made to conform within six months of the effective date of the ordinance. Exten- sions of the six month period can be granted by the Director cf the Department of Finance and Administration if it can be proved that more time is needed to recoupmeet the investment in the non-conforming sign. Approval of the request for extension cannot be withheld if the request is adequately supported by financial records. The procedure for securing such an extension 001150 .Page 35 is virtually identical to the procedure so: out in Article VI', Sections D through E, concerning requests for extensions of the six month amortization period for non-conforming e~i~tlng enterprises. The Committee adopted these provisions regarding exterior appearance and signage after hearing considerable testimony, both from expert witnesses and members of the lay public, regarding the problems caused by the. exterior appearance and signage of the businesses. Again, the majority of witnesses admitted the right of such businesses to exist, and a number of witnesses pointed out what they believed to be the state-imposed limitations on the city's ability to regulate the location of certain kinds of these businesses, such as adult movie theaters and adult bookstores. Mowever, it was also pointed out to the Committee by a numbe~ of witnesses that despite these concessions, action should still be taken to minimize the adverse effect of these businesses on their surrounding neighborhoods. The Committee found in hearing testimony that these adverse effects take several forms. First, a number of experts in ~ouston real estate testified that the businesses adversely affect the value of adjoining and neighboring property. Specific examples of this phenomena were cited to the Committee during its hearings. (Similar testimony was offered during the additional hearing held before the entire Council.) Second, the Committee received lay testimony regarding the effects of the exterior appearance of such businesses on children. A number of parents expressed concern over the consequences to their own children and children of others because of exposure to the language and signage, including pictorial repre.~entations, used by these businesses. This testimony from lay persons was corroborated by expert statements regarding the adverse effects of such signage and exterior decoration upon children. These two considerations -- the effect of the businesses on the value of neighboring properties and on children -- seemed to the Committee to be part of the more general problem of preseving a reasonable level of quality of life in ~ouston, a problem of paramount importance if the city is to maintain a stable community environment where property values are maintained (an essential e!e=ent in any consideration of municipal finances, for example) and further investment is encouraged. There was considerable testimony, for instance, to the effect that the current situation along lower Westheimer is impeding economic redevelopment of the area. The sexually oriented businesses c!ustered in that area are apparently able to pay extraordinarily high monthly rents -- much higher than non-sexually oriented businesses can afford. The result has been the "shutting out" of non-sexually oriented businesses, which could survive 001151 economically except for the artificially high rents. addition, there was considerable testimony as to hQw the atmosphere created by the clu~terinc of such busineese made it difficult for non-sexually oriented businesses to attract sufficient clientele to be successful.) This inability to. attract "seed busine.~ses" has in turn made it difficult to encourage other larger-scale quality development in the area. It has also discouraged those who wish to reside in the area and thereby continue the mixed-development plan of land use that has historically made the Mentress a unique community. In response to these problems, the Committee did not propose steps that would ban sexually oriented businesses altogether. Instead, the remedies proposed would limit the concentration of such businesses and their obtrusiveness even where allowed to locate; it is the intention thereby to create an economic situation in which other types of businesses might also be encouraged to locate in an area, thereby achieving a more balanced urban mix. Where the particular type of business could not be regulated as to its location -- as in the case of adult bookstores or adult movie theatres, thanks to the apparent preemption of any city action because of state law -- the Committee recommended the next most effective and available action: namely, to make the businesses as unobtrusive as possible, and to minimize the negative impact of the businesses on their surrounding areas through controls on signage and exterior appearance. There were those who argued to the Committee that the signage of sexdully oriented businesses is no mole alluring than that associated with other outdoor advertising. Other witnesses contended that even the garish external appearance of these businesses was no worse than might be found in conjunction with other non-sexually oriented businesses. Based on all of the testimony, however, the Committee concluded that the qualitative difference between the signage and exterior appearance regulated under this ordinance and other signage and exterior businesses themselves. Based on the testimony, it is the opinion of the Committee that sexually oriented businesses have adverse effects on their surrounding neighborhoods unlike any negative effects that could be shown by strip shopping centers in general, convenience stores or o{her commercial establishments. As the Committee reads the testimony of those witnesses deemed most credible, a clear case is made that sexually oriented businesses, because of their unique adverse consequences on the surrounding neighborhoods, require regulation in whatever way reasonable possible to minimize those adverse consequences. It is also the Committee's finding that based both on the testimony and the experience of other city's, the single most 001.1.52 .. ra~e J / effective action to be taken with respect to sexually o~iente~ businesses is to restrict their location. However, loC~tiona~ restrictions by themselves are not enough; where the law allows, these should be coupled with restrictions on external signage and appearance to minimize the obtrusiveness of the sexually oriented- business wherever located. where thanks to state law the city's. right to regulate location has been preempted, the need to strictly regulate exterior signage and appearance becomes even more critical as almost the only meaningful tool left in the municipal arsenal to deal with the problems posed by sexually oriented businesses for the quality of Houston life. Article XI. Age Restrictions on Entry. A recurrent theme in the testimony be£cre the Committee was the effect of these businesses upon children, which in turn would affect the quality of life in Mouston. One of the specific problems considered by the Committee in this regard was the entry by minors onto the premises of such businesses. The Committee felt that barring persons under the age of seventeen from entry onto the premises of a sexually oriented business -- which in this instance would include an adult movie theatre, adult bookstore or massage esablishment -- was a reasonable response to this concern. Section B of Article XI, placing an affirmative duty on the ' establiment to enforce this provision seemed to the Committee to be the simplest, most reasonable means of attaining enforcement of this article, particularly as the alternative would be a large number of roving inspectors, the cost of which would most likely be borne by the establishments through the perTnit fee. Article XII. Restrictions on Employment of Minors. addition to concern about the presence of minors in sexually oriented businesses as customers, the Committee also received testimony indicating that minors might be employed in some of these businesses, particularly the adult modeling studios. For this reason, the Committee felt it necessary to include a specific prohibition against the employment of persons under the age of seventeen in sexually oriented businesses -- again including adult movie theatres, adult bookstores and massage establishmentst Article XIII. Priority of Right. One issue raised during the Co~ittee's deliberations was whether a sexually oriented enterprise, once lawfully permitted, could lose its permit if a school or church were to be established within 750 feet of the enterprise, or if seventy-five per cent of the tracts of land within the calculated circular area were to become residential in accordance with the terms and conditions of Article V, Section B(3}. After substantial deliberation, the Committee concluded that the "prior in time, prior in right" doctrine should be consistently applied. A church or school which 0011.53 · Page 38 knowingly chose its location despite the prior existence of ~ sexually oriented commercial enterprise, were not deemed {by the Committee to occupy the same status as those schools, churches and residential areas which existed prior to the establishment cf the sexually oriented business in ouestion. However, the. Committee did provide that this right to continued existence would terminate with the expiration without timely renewal or revocation of the permit. Article XIV. Effect on Massage Establishments. The City of Houston already has one ordinance governing massage establishments -- Chapter 27 of the Houston Code of Ordinances. The provisions of this ordinance are not intended to supplant ~hat Chapter, but instead are designed to complement its provisions. If a conflict should be deemed to exist between Chapter 27 and this new ordinance, however, the provisions of the new ordiance will govern. Articles X'V XIX. Additional Provisions. Articles Xv through XIX are additional provisions deemed necessary by the Committee for a complete and effective ordinance. Article XV sets the rules regarding notices under the ordinance; all such notices must be sent in writing and will be considered as having' been delivered there days after their delivery to the U.S. Mails. Article XVI makes violations of the. ordinance a Class C misdemeanor; each day a violation continues is deemed for purposes of the ordinance as a separate offense. Article XVII establishes the authority of the Director of Finance and Aministration, or his duly appointed subordinantes, to enforce the ordinance, if necessary by lawful entry by means of a search warrant onto the premises of the business in question. Article XVIII empowers the City Attorney to file suit to enforce this ordinance. Article XIX provides that if any provision of the ordinance should for any reason be held invalid, the remainder of the ordinance shall continue in full force and effect. CONCLUSION The Committee has' attempted to show in this Report that the new ordinance regulating sexually oriented businesses is not a "knee jerk" response to public c~mplaints about such establishr ments. Rather the ordinance is the cumulation of over one year's work during which time citizen input was received, specific problems were identified, various remedies were considered, and legal contours w~re set. The Committee candidly acknowledges that a more restrictive ordinance was envisioned in the early days of the project, as reflected by the draft initially propagated by the Committee. However, such a restrictive ordinance could not be sanctioned if the Committee were to adhere 0011.54 memorandum from Crunci! Yeller Septether 20, 1982: "Given its hea!thv econcmic climate and a legal environment that is, ~esDite our ~dentification with the Bible Belt, laissez ~aire cn most sexual matters, Houston has long been an attractive environment for sexually oriented businesses. "Since Houston is not zoned, these sexually oriented businesses are located. anywhere and every- where, oftentimes near residential areas, or near schools, churches, or public parks. Their locations are frequently marked by garish or enticing signage. The effect on the ability of neighborhoods and commer- cial areas to retain their identity after the opening of such businesses in the area has been extremely adverse. Moreover, the establishment of one such business in an area has often led to the opening of another, in a rather perverse example of synergy. Pinally, there is a growing body of evidence to suggest that there are substantial links between at least some of these businesses and various forrn. s of organized crime. The memorandum from Council Member Greanias made clear that in his mind at least the issue was not one of morality, or of passing judgment on the lifestyle of any individual, but of reasonable land use controls versus the rights and privileges of the individual: "The importance of the city's ability to deal meaningfully with the issue of sexually oriented businesses should not be underestimated. To some it may seem a parochial question, relevant only to those who live in areas where sexually oriented businesses have located; to others it may appear just one more item on the agenda of those who are convinced that the city is in the terminal throes of sexual degradation on every front. "But the problem imposed by these sexually oriented businesses is much broader in its implica- tions, and runs directly to the heart of our present policies on land use. Does our d~cision not to impose zoning carry with it the requirement that we not seek to moderate the influence of sexually oriented busi- nesses on our neighborhoods, whatever the consequences for the stability and quality of those neighborhoods? OOl. l.- j dealin~ w:th the cD!la:eral cr:m:nal ac~:vi~,,. that apparently at~as~e~ to sDme of these operations?" A: the same time, the initial memorandum from Council Mer~er. Greanias to Mayor whirmire underscored a problem for which the Committee was to show great concern durinc the ccurse of deliberaticns: "There is also another, equally important question: Does our desire to protect the freedom and privacy of the individual, and to permit that indi- vidual to pursue his or her life without inhibition, mean that we are proscribed from taking any actions that while not significantly infringing on those rights nevertheless sets a standard for the community as a whole?" It was these questions that formed the heart of the Com~nittee's inquiry during its one y~ar of existence. The Committee believes that these questions have been successfully addressed in the proposed ordinance that has been presented to Council for its consideration. OPEF~ATION OF THE COmmITTEE Methodolccv. The Committee conducted its work in ~everal phases. The {frst phase, which was carried out in November and December of 1982, involved a series of public hearings in several parts of the city, as well as a= City Hall. There were three regional hearings and one hearing in City Council Chambers. The first hearing was held at Spring woods Senior High School on November 8, 1982. The second hearing was held at Betcan Baptist Church on November 22, 1982. The third hearing was held a~ Baring Methodist Church on December 5, 1982. The fourth and final session in this first series of hearings was held in City Council Chambers on December 15, 1982. (During the course of these hearings, several comments were made about choosing churches as the sites for some of the hearings. The Committee chose these locations not because of their religious significance, but because =hey had a history of being used for cobb. unity affairs, their locations were well known to the general public, and access to each such site was convenient from various places around the city.) After the first set of hearings had been completed, the Committee went into executive sessions for a ~.riod of approxi- mately three months, from late December of 1982 until the early part of April 1983. During that time, the Committ-.e met with representatives of the Legal Department to review the testimony 0011.!9 Eex',:aiiy ::':-:n:a'~ _=:si:~e--.sj~ Pa,,-e 4 gathered in the initial hear:n~s, as well as to discuEs the results of staff research on the subDeer. k~cng those pajtic- ipating in this work were Hessrs. John Whi~tington, Robot= Collins, Charles Williams, and Adam Silverman from the Legal. Department of the City of Hnustom, Kent Speer, John Elsenhans and Michael McEachern from the office of Council Member George Greanias, Fred Harper from the office of Council Member Christin Hartung, and Nancy Brame from the office of Council Member Dale Gorczynski. Francis J. Coleman, Jr., City Attorney for the City of Houston, also participated in these conversations*from time to time. On May 6, 1983, the Committee published the results of its efforts: a draft of a proposed ordinance regulating sexually oriented businesses in the City of Houston. At the time that the Committee published its draft ordinance, further hearings were announced at which the Committee would solicit testimony on the ordinance as proposed. TheSe hearings -- originally planned to be three in number -- were held on Wednesday, May 15, 1983, Wednesday, May 22, 1983, and Thursday, May 24, 1983, in City Council Chambers. A fourth hearing, not originally planned, was held on Thursday, June 16, 1983. Based upon these further public hearings, the Co~.mittee then went back into executive session with its legal counsel and other staff to make further refinements in the ordinance. The changes made pursuant to the public co~ents are noted in the commentary on the specific ordinance provisions themselves. An additional word is perhaps warranted on the decision of the Committee generally not to meet with individuals and groups apart from the public sessions. It was determined early on that an ordinance such as that being considered by the ComMittee, with its potential for controversy, should not be subject to priva=e bargaining between individuals or businesses and members of the Committee behind closed doors. It was felt by all members of the Committee that it would be far more preferable to gather all testimony and evidence in a public forum, and then reflective!y to consider the information without conferral with private parties. At the same time, the Committee felt that its executive deliberations were justified in encouraging the free flow of discussion of ideas and sensitive concepts, knowing that the entire work product would be subject to the public comment, review and debate inherent in the Committee's procedures and the processes of Council. The Committee also felt it imDerative not to become subject to demands for quick action at the price of working with deliber- ate speed'towards its goals. It is for this reason that the original date scheduled for submission to Council of a draft ve:s:zn of an c;dinance '-'as ~c'-'e~ f;z~ 2anuarl.' 25 ~c -i... '- {This date was pushed tack several ..~:re ti~es, an.d for slr-',iar :'- " submit reasons, before the ordinance ~as .... a.~*~ ted to Ccunc:.l.I it was for this sa~e reason that additional hearings ;;ere scheduled during the second phase cf the public sessions. Likevise, the Co,~-~n. ittee decided to recuest that the prcpcse_d ordinance be considered during the course of three readings, as contrasted with the normal procedure of suspending the three-reading ~ractice and passing ordinances -- even those oftentimes having major effects on the city -- on an emergency basis in just one reading. Throughout its work, the goal of the Committee was to assure ample ventilation of all points of v~ew, the thoroughgoing examination of all of the very difficult guestions involved, and as complete an understanding as pepsihie by all parties of the issues confronting the Committee and the solutions arrived at. Analysis of Testimony. The hearings held by the Committee on the Proposed Regulation of Sexually Oriented Businesses were among the most extensive ever held by any committee of the Houston City Council. The hearings were open to all persons who wished to testify, and the Com~nittee made no attemot to limit the type of remarks made to the Committee or to censo½ those remarks' in any way. (At this point it should be noted that the Committee also accepted written comments from anyone, regardless of whether they testified in person. Such comments became part of the Committee's public record as a matter of course.) Mowever, a clear distinction should be drawn between the Committee's will- ingness to permit full expression of diverse views -- a willing- ness that is reflected in the transcript of the hearings -- and any wholesale incorporation of those remarks by the Committee into the ordinance proposed to Council. Indeed, a chief function of the Committee was to evaluate the testimony, and to set aside those comments seen as not germane to the issues at hand or not dealing with problems, addressing instead those issues within the rightful purview of the city. Thus, although there were a substantial number of witnesses expressing a fundamentalist opposition to what those witnesses deemed obscenity and pornography, the Committee chose -- and in fact made clear during the hearings -- to focus its efforts on land use iss=es rather than ~uesticns of pornography and ob- scenity. Similarly, a number of witnesses made comments adverse to the operation of gay bars. Again it was pointed out to those witnesses that such establishments were not necessarily within the working definition of a "sexually oriented business" (a definition that was modified over time as the ordinance was further refined) and therefore not a subject in themselves to be dealt with in the proposed ordinance. Finally, a number of witnesses made statements and proposals that would effectively 0011. 1 ban all sexually or:en:ed bus:nesses, as that phrase :s br:adl? defined. The C~r.~i:tee made i: clear, beth during the heari::s and afterwards, that it was not the :n~ent:en of the Co~ri~t~e to propose any ordinance that would be suD3ect to a successful court challenge because it either directly or indirectly (or for that matter inadvertently) eliminated the cppcrtunities for such businesses to exist in the City cf Houston. With these co.,-%ments bv ~ay of preface, it is useful review briefly the principaY points made during the hearings and later relied upon by the Committee in the drafting of the proposed ordinance. Further comments on the use of the testimony .in the development of the various ordinance provisions can be found in the section by section analysis of the ordinance that concludes this Report. The first point made by many witnesses that seemed of merit to the Committee was that sexuaily oriented businesses, while a nuisance and not necessarily representative of the desires or activities of a majority of Houstonians, nonetheless have a right to exist. The rights of individuals were a theme in the testi- mony of a number of the witnesses. The willingness of Houstonlens to "live and let live" was reinforced in the findings' of a Houston attitudes survey conducted .by Dr. Steven Klineberg, of Rice University, along with others. Briefly put, that study concluded that Houstonians were loath to support restrictions on personal behavior, Among those witnesses whose testimony was seen as most helpful by the Committee, the majority of such witnesses were generally solicitous of individual and minority rights, not anxious to impose any community standard of conduct on unwilling individuals, and concerned with merely striking an appropriate balance between the needs of the community at large and the rights of individuals to do as they please. The second point made bv many of the witnesses to whose testimony the Committee repea{edly referred during its delibera- tions was that while these businesses might have the right to exist, protection Of their rights could be consistent with effective regulatory restrictions that would minimize the adverse consequences of those businesses to adjacent areas and activ- ities. These witnesses -- many of them in~.ividua. ls w~o had direct personal experience of these buMinesses in thexr neighbor'- hoods, or representatives of civic organizations that had had many dealings with the problems created by such businesses -- stated that while the businesses might have a right to exist, steps could be taken that, while not unduly restrictive of their operations, would offer some assistance to those neighbors and businesses surrounding the sexually oriented business. For instance, one gentleman living on west Alabama next to an adult bookstore, while agreeing that such businesses would probably continue to exist and that he 'was resl--~ cLted a series cf untc~'ard incidents occurring on cr near property that we're directly related to that adult bookstore. His posltion seemed to be tha~ while CouncL1 might not be able tc him of the business it mi , g ncne~heless take steps to amellc-. rate the worst effects of tha~ enterprise. The third point made by many of the witnesses who proved most helpful to the Comm. ittee in providing guidance for the drafting of the ordinance was that among the most important negative effects of these businesses were the adverse conse- quences cn neighborhood protection 'and enhancement, and the consequent adverse effect on property values. A number cf neighborhood representatives and civic club participants re- counted numerous instances of problems that had been created by these businesses for neighborhoods which were trying to preserve a neighborhood fabric. Several real estate brokers with substan- tial experience in areas affected by sexually oriented businesses offered documented instances in which property values had been affected by the establishment of sexually oriented businesses, as well as information of a more general nature as to the effect of these businesses on the course of neighborhood develoomen=. In expert testimony by Dr. Andrew Rudnick of the Rice Center, given' before the full Council, this "cause and effect" syndrome was again attested to. It seemed to be a consensus among both the lay and expert witnesses that in neighborhood areas and areas of quality commercial development, the establishment of sexually oriented businesses had a detrimental effect on property values~ at least in part because they were perceived adversely to affect the quality of life -- including among other things such issues as suitability for family activities and stability of the neighborhood environment -- of the area. The fourth point made by the witnesses whose testimony was most commonly relied upon by the Co.,vnittee was that among the most significant problems created by the businesses were the ancillary activities caused by the clustering of businesses, as in the case of stree~ prostitution in the lower Westhelmet ares, and the problem of exterior appearance. Even where businesses could not be forced to relocate because of apparent preemptions in state law, most witnesses stated that reasonable controls on signage and exterior appearance were reguired. The intrusivehess of the signage and exterior features into the consciousness Of the community was repeatedly cited. It was also noted that although adults might train themselves to ignore such signage, it would be hard if not impossible to demand the same self-discipline from children. That children would be likely attracted to such advertising (which in at least one case even featured popular cartoon characters) was perceived as a significant problem in the expert testimony of one psychiatrist, 0011.23 to such signage a-~ psycholDg'^~n crob!ems those ....... children subsequently experience. The flfth point developed in the testimony and regarded as significant by the Committee was that sexually oriented busi- nesses are likely contributory factors to criminal activities that are encouraged as ancillary ~o these enterprises. This link between these businesses an~ related problems of criminal activity was affirmed by the Chief of Police and other represen- tatives of the Police Department, as well as by non-expert witnesses with long personal experience of living in areas where sexually oriented businesses are located. To the Committee, this issue of criminal activity occurring in the area of sexually oriented businesses was not a central problem, but rather a concurrent question of somewhat lesser significance than the land use issues. At the same time, however, the Committee felt that the testimony justified the conclusion that the criminal activity that does tend to occur in the vicinity of sexually oriented businesses, particularly where those businesses have clustered, has an adverse effect on property values. This adverse effect makes such activities a secondary concern, even though the principal focus of the Committee and the ordinance is on land use matters. The sixth point brought out in the testimony -- particularly the testimony of city employees engaged in enforcing current statutes regulating such businesses, as well as private in- dividuals who have sought legal recourse against such businesses -- was the difficulty of achieving reasonable enforcement of the law. Part of this enforcement problem centers on the relatively limited arsenal of remedies available to home-rule citie~ under Texas law in such circumstances. Some of the problem has been alleviated by cooperative effor=s between cities and counties, as is the case in Houston, where Harris County cooperates with the City by bringing suits whenever requested to accompany a city Suit, thus bringing into play the padlock power of the coun:y -- a power the city lacks. Mowever, another part of the problem is that existing laws and ordinances are structured in such a way as to make it difficult to sustain an action against even an of- fender clearly in violation of the law. For example, if an injuncti:n fez abatement of a nuisance is brought against the owner of a particular sexually oriented business -- such as an adult modeling studio -- it is quite possible that by the time the suit is actually brought to trial the ownership of the business has been transferred. The case is then thrown into limbo because the appropriate party or parties is (or are) no longer "joined" in the suit. The lawsuit stalls while the business continues in operation. 0011.24 Another pci:'.t w~ich t~e Cz~Jz~=ee t~c~t rele','--.nt deliberations retarded those businesses ..... ~ are ~hcu?r.t enDcy special protection under the First kTen_~ment. Thls issue was perhaps one of the most difficult that the Com~Ittee faced. Despite whatever personal preference the me~ers of the Cor~ittee might have had, the clear mandate of the Cc~ittee was to prepare an ordinance that was as legally defensible as possible. After considerable deliberation, the Committee accepted the contentions of those lawy. ers who argued that to lump First ~endment and all other businesses into one indistinguishable category for purposes of regulation would probably be unwise and cause the ordinance tc be submitted to substantial challenges. This is not to say that the arguments of the lawyers are unguesticnably correct. Nor is it to say that following the reco~.~endations of these la~ers represents what the Committee believes to be wise public policy. But what the Committee did was to remember continuously its principal charge, and to set aside its personal preferences and opinions in favor of proposing an ordinance with a maximum likelihood of being upheld in court. while a variety of other issues and problems were raised in testimony taken before the Committee, the foregoing points seemed to members of the Com~mittee to be the most significant and worthy' of attention. The manner in which this testimony was translated into proposals for legislative action will become clear in the Section by Section Analysis that follows below. PRIOR HOUSTON ATTKMPTS TO REGULATE Early Efforts. The proposed ordinance does not represent the first attompt by the City of Houston to regulate sexually oriented businesses. As stated in HOUSTON: A HISTORY, ~y David G. McComb: "In 1840 a city ordinance provided a fine of not less than $50 an~ a ~ail term of ten to thirty days for any woman cor~.itting lewd actions or exhibiting herself in a public place in a style 'not usual for respectable females.' Brothels within the city limits could not be located closer than two squares to a family residence. A supplementary ordinance in 1841 reguired a $20 bond for a 'female of ill fame' found in a public place after 8:00 p.m. in order to ensure good behavior. Although perhaps not a prostitute, one of the most notorious female characters from the period was Pamela Mann, an expert at firearms, knives, horseback riding, and profanity. She appeared in court at various times charged with counterfeiting, forgery, fornication, larceny, and assault. According to william Ransom Hogan, she ran the Mansion House Hotel in such fashion that 'Mrs. ~ann and her 'girls' achieved a satisfying success' 001lq5 providing Houston w:th female cc~anlcnshlp cf a 'robust an~ none too vlrtucus nature."' Umiversal k~usemen~. A more reCenT and perhaps more relevant attempt to regulate sexually oriented businesses in Houston occurred in 1977, with the passage of Ordinances 28-65 and 36-14. Ordinance 28-65 amended a prior ordinance to make it "unlawful for any person to operate or cause to be operated an adult commercial establishment within two thousand (2000) feet of a Church, school or other educational or charitable institution.' Under this ordinance, an "adult commercial establishment" was defined as "any business or enterprise having as a substantial or significant portion of its stock in trade or activity the sale, distribution, lendinq, rental, exhibition, or other viewing of material depicting sexual conduct or specified anatomical areas for consideration." Ordinance 36-14 made it unlawful to operaze within two thousand (2,000) feet of a church, school or other educational or charitable institution any motion picture theatre "which exhibits a film that explicitly depicts ... contact between any part of the genitals of one person and the genitals, mouth or anus of another person: ... contact between a person's mouth, anus, or genitals and the mouth, anus, or genitals cf an animal or fowl: ... manipulation of a person's genitals; ..- defecation; or ... urination." Both ordinances required all businesses coming under the ambit of the-law to bring themselves into compliance within thirty (30) days of passage of the ordinances. (A third ordinance, not as significant, dealt with a redefinition of "public amusement park' and "places of public entertainment and amusement.") The 1977 ordinances were successfully challenged in a 1977 case styled Universal Amusement Co., v. Mofheinz. In an opinion handed down October 5, 1977, Judge R~ss N. Sterling granted the request of plaintiffs for declaratory and injunctive relief. At the conclusion of the trial, =he Court orally declared the ordinances unconstitutional on their face, permanently en~oined their enforcement against plaintiffs, and severed plaintiffs' claims for punitive damages an~ attorneys' fees. For purposes of considering the ordinance now being proposed by the Committee, i~ is instructive to consider the grounds on which-the 1977 ordinances were struck down as unconstitutional by the Court. Although at least one of the attorneys appearing before the Committee during its second session of hearings alleged that no ordinance could be fashioned that would meet the objections made by the Court, the Committee is of ~he opinion that it is indeed possible to draft such an ordinance. In summary, Judge Sterling held the ordinances unconstitu- tional on grounds of vagueness, stating that this alone would be 0011.'<8 tutLcnal!~y. Hz~ever, he went cn %c say that in his cpi~ic~ there were o'.her constitutional defects, namely that the crd~- nances were violatire of ~he Firs% and Fourteenth ~end~ents tc the Constitution by abridging the freedoms of speech and press guaranteed therein, that they denied the plaintiffs the equal protection of the laws as guaranteed by the Fourteenth Amendmen-., and tha~ they denied plaintiffs due process of law as guaranteed by the Fifth and Fourteenth Amendments. vagueness. The Court found that the challenged ordinance.s violated basic tenets of constitutional law. It cited the general rule that whenever a penal statute is involved -- as was .the case here, since a fine of up to $200 was to be imposed for violations cf ordinance 28-65 -- the terms of that statute "must be sufficiently explicit to inform those who are subject to what conduct on their part will render them liable to its penal- ties" and that "a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law." However, the Court was quick to point out that even more than the usual rule requiring exactness in the drafting of a penal statute was involved in the case at hand. The ordinances in question were not only penal, but also restricted the exercise of First Amendment rights. while the Court did not hold that no such restrictions on First Amendment rights could ever be suc- cessfully enacted, it did state emphatically that in such stances even stricter standards than those required of ordinary penal statutes would be called for. The plaintiffs in Universal Amusement claimed that the ordinances under examination failed both the general test of strictness required of any penal statute, not to mention the stricter standard applied when a law restricting First Amendment rights are in question. With this argument =he Court agreed. Especially troublesome was the lack of an~ definitions whatsoever for such words as "Church," "school," or "other educstional or charitable institution." Similarly, the works "substantial" and · significant" as used to modify "portion of its stock in trade or activity" was found by the Court to be "hopelessly vague." As the Court pointed out: · Any theater which ever exhibited 'X or R' movies might be covered from time to time depending on the meaning of the words 'substantial' and 'significant.'" The Court noted that one of the asserted purposes of the ordinances was the protection of childr-n, but held that this 001127 -~a~e 12 proposed purpose.was not sufficient cause tO u~hold the crdi- nances against constitutional cha!!-nge. Chief among the reasons why the Court made this finding was the lack of a connect!on between the stated purpose cf Frotooting children and the terT. s. of the ordinances. In other words, while the authors cf the ordinances had proposed to regulate sexually oriented businesses for the supposed protection of children, the ordinances finally produced showed no rational relationship between their provisicn~ and the stated purpose.. ~:oreover, the allegation that an ordinance had been passed for the protection of children was-nct sufficient to exempt that ordinance from the ordinary requirements for strictness under the Constitution: "'It is ... essential that legislation aimed at protecting children from allegediF harmful expression ~ultnZ less than legislation enacted with respect to ... be clearly drawn and that the standards adopted be reasonably precise so that those who are governed by the law and those that administer it will understand its meaning and application.' 'the absence of narrowly drawn, reasonable and '~finite standards for the officials to follow'. . is fatal." Censorship. In addition to the vagueness issue, the Court cited other grounds which it deemed sufficient for a finding that the ordinances were Unconstitutional. Among these grounds was the argument that the ordinances were unconstitutional because they violated the guidelines for obscenity set down in prior cases· The Court agreed that under Miller a narrowly dream statute could totally ban obscenity. Th'~'~'a~.uestion, however, was that, assuming the ordinances in question would in effect totally ban adult com~nercial establishments in Houston, would such a ban be constitutional? The Court held that the ban was unconstitutional because the definition of obscenity employed in the ordinances went beyond what had been approved previously. The ordinances were found to go far beyond what had been defined as obscenity. Citing the principle that freedoms of speech and press should be given the most liberal interpretation possible, the Court held that the ordinances, by going beyond what had been permitted by prior cases, created a ban on such businesses that was · unconstitutional. Overbreadth. Simply put, a constitutional challenge based on overbreadth is a challenge based on the idea that in trying to solve a problem, a legislature -- such as a city council -- has gone farther than necessary and has in the process violated the Constitution. An egregious example would be the decision to deal with incidents of pawnbrokers occasionally shipping stolen merchandise by requiring all oawnbrokers within the city limits 0011,2 CCul~ be kept cn them. To paEaFhrase 7~e yLka~o, the leglslat:ve remedy should fit the problem. Another pcss:=ie way of look:~? at it is that the cure should not be worse than the disease. In Universal Amusement the Court found that there was just overbreadth, Dut "substantial o-erbreadth." The Court seemed to be of the opinion that the atte.-..pt to regulate busl- nesses which dealt in material depicting "sexual conduct" or "specified anatomical areas" failed the overbreadth test because it raised the distinct possibility that the ordinances would "deter those who normally deal with such materials from exercis- ing their right to sell or exhibit them because (1) what they sell or exhibit might fall within the scope of the ordinance, and (2) their dealings with such material might result in the brand- ing of their businesses as "adult commercial establishments." In the opinion of the Court, the ordinances being challenged had the potential to effectively prohibit all theatres from showing rated movies and medical bookstores from selling books on anatomy or physiology which depicted nudity or partial nudity. Coupled with the fact that the ordinances as written were not in the opinion of the Court subject to narrowing by state law decisions, the ordinances were found to be consequently overbroad and" therefore constitutionally infirm. Protected Speech. The ordinances that were the subject of the lawsuit in Universal Amusement attempted to regulate to some extent activities normally considered as under the antbit of the First Amendment. Therefore one of the issues was whether the ordinances abridged freedom of speech in any unwarranted fashion. The Court noted that there could be regulation of such speech. But, the Court stated, such regulation must be reasonable. In the case of the ordinances at issue, the Court held that the administrative officials charged with enforcement of the ordi- nances were left free to exercise what the Court characterized as "virtually unfettered discretion." Fnr instance, under the ordinances it was lef~ to a policeman to determine what was a "church" or 'school." Such breadth of discretion was found by the Court to be unacceptable in ordinances which proposed to regulate what were considered First Amendment activities. This concern for protected speech was heightened by the fact that as a practical matter the ordinances di~ not merely limit the time an~ place and manner where the activities at issue could be engaged in. Instead, in application the ordinances banned all such activities from the City of Houston, at least as far as the Court could see under its review of the facts. Under such circumstances, the Court stated, it was impossible to say that these particular ordinances represented a reasonable restraint on the First Amendment activities at issue. Erua! Protection. The Court in Universal k-..useTent alsD stated t~a~ ~lle a city c~n treat dlfferen~ classes cf people In different ways, the difference In treatment must be based cn sc~e rationale directly connected with the appropriate exercise cf municipal power for accepted purposes. The question in the particular case was whether the city, in treating the businesses at issue differently than other businesses, was doing so for reasons that were grounded in accep:ab!e public policy consis- tently applied. The Court also noted that of some importance would be whether the state had already enacted legislation to deal with the public policy issues stated as the grounds for the ordinances. In Universal Amusement, the Court found that the purported purpose of protecting cnlldren and permitting them to be raised in a suitable atmosphere, while perhaps worthwhile, did not call for the expansive ordinances that had been attempted. Moreover, the Court noted that there were already a substantial number of laws on the books at the state level dealing with the problem of protecting children from such activities. The Court distin- guished the Detroit ordinance, on which Houston had relied, by noting that one of the primary purposes of that ordinance was to preserve the quality of urban life. Given these facts, the Court' seemed to believe that the City of Houston had gone too far in its ordinances, given the goals it was seeking to accomplish. Due Process. The final issues dealt with by the Court in Universal Amusement was that of denial of due process. The Court found that while some exercise of municipal authority in this area might be justified, the ordinances at issue went far beyond what was permissible and in effect deprived persons of their property without adequate reason or compensation. First, the ordinances effectively banned such businesses from the city even though it purported!y only limited their ability to locate in certain areas. Second, the ordinances were drafted in such a way that even if a business could find an acceptable location, the business would forever be in jeopardy of losing its authority to operate if a church or school moved within the prohibited distance. Summary. In reviewing the decision of Universal Amusement for pur-~oses of its work in drafting an ordinance proposal, the Committee kept several points in mind with regard to the fore- going discussion. First, businesses that are argued as under the ambit of the First Amendment enjoy special protection. But even the Court in Universal Amusement seemed to indicate that such protection is not absolute and that reasonable regulation is permissible. Therefore, the Committee took special care in all matters of regulation affecting First Amendment businesses to exercise what the Committee deemed prudence and restraint, 001.130 reassna~le puki:c palicy g~als wh:ch the Ccr~ittee, cn t~e sails cf the testlmcnv taken in the -ub!ic hearings, thou"hi mecessarv. Second, the Ccr.-.ittee sought throughout its efforts to create an ordinance that would be as specific as possible, avoiding the problems of vagueness that plagued earlier re>rays into thls field. Rather than some qeneral prohibition against a broad category of activities, the ordinance proposal has rather tightly defined such activities, basing such definitions on the public policy purposes developed through the hearings and set forth in this Report and elsewhere. Third, the Committee was careful to avoid prob!e~s surrounding definitions of obscenity. As stated earlier, this was in part due to the fact that the ordinance is not intended as an anti-obscenity or anti-pornography effort, but is instead intended for purposes of preserving and enhancing neighborhood areas and property values through devices designed to help maintain the social and urban fabric. It is the Committee's belief that the definitions supplied in the ordinance give sufficient notice to reasonable persons as to whether such persons come under the ordinance. Moreover, it is the' Committee's belief that the definition~ in the ordinance are not "open-ended,' and that the problem of vagueness that plagued the 1977 ordinances in this regard has been effectively addressed. Fourth, the Com.~ittee worked diliQently to assure that the solutions developed in the ordinance did not go beyond what was needed to solve the problem. For instance, the location re- striction with respect to schools wa~ limited to primary and secondary schools as being the approach most consonant with the overall desire to protect and preserve property values and the urban environment through a variety of efforts, includinq pro- tection for areas where children and family activities are prominent. Similarly, the Committee proposed remedies only where existing remedies are weak or non-existent. For instance, if the state had taken sufficient action with respect t~ adult movie theatres and adult bookstores to deal with the problems brought out during the Committee's hearings, no further action on the part of the city would have been needed. Mow,ver, the state has enacted no such series of meaningful remedies. Therefore, the Committee believe~ that the city should take such limite~ steps as it could -- keeping in mind the probable preemption on locational issues with respect to such businesseR -- through signage and exterior appearance provisions as might usefully address questions such as preservation of property values and reasonable protection of an adequate standard for Houston's quality of life. 00].131 several avenues of recourse for any part7 that belleves hz~seif aggrieved by adminis%ratiom cf the cr~inance. At the same however, the ordinance has throughout been designed to limit discretion of the administrative officers in charge cf the ordinance to minimize the possibilities for such abuses cf discretion that would require redress. Sixth and finally, the committee has spent considerable time reviewing computerized maps to give reasonable assurance rha% while the ordinance may be restrictive in absolute tez~n.s cf locations available to sexually oriented businesses, it is not prohibitory in what it seeks to accomplish. After reviewing a -series of maps developed in accordance with the distance formulas set forth in the ordinance, the Committee feels that there is reasonable evidence to support the conclusion that such is indeed the case. REMEDIES ADOPTED BY CTMER CITIES Houston is not the only American city to have had to deal with the problem of sexually oriented businesses. Other munic- ipalities such as Detroit, Boston, Chicago, Dallas, Los Angeles,' and Santa Maria, California, as well as regional governments such as Fairfax County, Virginia, have also grappled with the issue. Although Houston is unique as compared to these other governments with respect to the zoning issue, there are nonethe!ess lessons that can be drawn from comparing the experience of other municipalities to our own. Detroit. The efforts of the city of Detroit to regulate sexua~ented businesses found their roots in attempts made in 1962 to combat the skid-row effects occurring in certain neighborhoods. Ultimately, the city in 1976 amended the anti-skid row ordinance developed out of that earlier effort to cover sexually oriented businesses. These new regulations were upheld by the United States Supreme Court. The key elements of this ordinance provided the following: (1) Sexually orien~ea businesses were explicitly defined: (2) Sexually oriented businesses were prohibited within five hundred feet (500') of an ares zoned residential; Sexually Oriented businesses locating within one thousand two other regulated sexually and w~re prohibited from feet (1000') of any oriented businesses; A p==cesS was define-~ ~e=eZ,v := w=ui~ be F3ss:'=:e , ~ ~ec~ia~ions ~f ~o s~id-~cw efforts c, enera;ed by the establishment cf a par~icu!ar sexually oriented busiPess could be sho~n. The fourth part of the ordinance enabled the city of Detroit to evaluate applications for the operation of sexually oriented businesses on a case by case basis. In cases where it was not clear that the proposed business would have a deleterious effect, a conditional permit might be granted. The provision, however, suffered from several serious drawbacks. Most important among these were the serious administrative burden that the potential exemption placed on the regulatory process, and the potential for abuse of the system of granting exemptions. Even more important, however, was the fundamental reason why the Detroit ordinance was upheld where other similar such efforts had failed. Simply put, the city of Detroit was successful because it did not not just react to a public outcry, but had developed an ordinance where, in the words of the Supreme Court, "the relationship between the regulation and the evidence sup- porting it" actually existed. The evidence seemed to show tha~' the 1,000 foot rule and the 500 foot rule were directly related to skid-row effects and that the city had actually carried out some analysis of the problem. In essence, the city of Detroit cured one of the most tom. mot defects in such ordinances by conduoting a careful investigation of the problem, by refusing to act precipitously, by laying out in a complete fashion the rationales for its regulatory actions and by making sure that the ordinance as finally drafted and enacted tracked the rationales which had been developed during the evidentiary phase of the ordinance-writing process. The Com.~.ittee has therefore adhered to the Detroit approach procedure in drafting this ordinance. Boston. The Boston response to the problems of sexually oriented businesses was rooted in the same concern for neighbor- hoods and property values that prompted the Detroit ordinance. The Boston solution, however, was markedly different from that adopted in Detroit. Rather than regulating the location of businesses around the city, Boston "joined 'am" by zoning a particular tract of land in the downtown area for the sole use by sexually oriented businesses. This was the area that would become popularly known as the Boston "Combat Zone." The Combat Zone was located at one edge of the Boston Common, beginning the corners of Tremont and Boylsten Stree=s. The ares surround- ing the Combat Zone was at the time of its establishmen: primarily. commercial and retail with a few legitimate theaters 001133 mixed into the ceneral run cf office '~u:" . and 1 wholesale cperaticns. Substantial resifential housing cr dentia! activitles were not ~art cf the fabric cf the neighborhood. The decision to create a Combat Zone proved advantageous to' the city of Boston for a number cf reasons. First, the creation of a single such zone where all businesses were treated a!:ke avoided any charges that the Boston regulatory scheme violated the equal protection provlsions of the Fourteenth Amendment. Second, by creating a particular zone where such businesses ccu!d be established without question, the City avoided the sometimes difficult issues involved in trying to define what would or would not be considered a "sexually oriented business." Finally, the city was under this scheme able to avoid the difficulties and confusions that can sometimes be attendant upon any system involving licensing. In addition, the Boston approach entai!ed lower administrative costs, gave the city firm control over the growth of the sexually oriented businesses industry, and provided city officials with a controlled environment -- essentially a laboratory -- in which to investigate the effects of sexually oriented businesses on their surrounding environment. It is interesting to note that while the Boston plan has met with' reasonable success, it has not been copied by any other American city. While the Ccm.mittee was urged to consider the combat zone concept for Houston, the proposal was discarded at a rather early point in the deliberations. The principal reason for rejecting the concept was the geographical difference between Boston and Houston. Boston proper is a city Of fairly limited land area. Houston currently contains approximately 560 square miles. while a single combat zone might work in B~ston, given its limited size, the Committee concluded that a defensive combat zone approach in Houston would require at least several such areas throughout the city. Other~'ise, ~hose located at a distance from the single combat zone might argue that their right of access to sexually oriented businesses had been wrongfully limited. The other problem, of course, would be that of locating sites for these multiple combat zones. Although several witnesses advocated this approach to the Committee, no witness was ready to volunteer his or her area as a candidate for such a zone -- in itself eloquent testimony to the perception of the effect of these businesses on their surrounding areas, a perception that expert witnesses would show appears to translate into adverse consequences for property values. 001.1.5 Chicace. in !9~7, the cLt... ~f Cn:cazs a-e:fed :~s r~-ic:~al c~de to include new regulations ~n adult-use ~usinesses. The Chicago ordinance generally foil w ' Detroit !egislatLs~. c ec the The basic strategy of the regulator}. scheme could be broken in:c three parts: first, there was a strong effort to define the purpose and intent of the ordinance: second, there was a good deal of effort put into defining sexually oriented businessesr and third, there was substantial time spent to carefully define the type of regulation and enforcement being adopted. The Chicago ordinance also had some features not found in the Detroit ordinance, First, registration standards were imposed that required nine types of responses, mostly concerning owner- ship. Certain restrictions, though vaguely defined, were placed on exterior displays. On this particular point, the ordinance provided that "no adult use shall be conducted in any manner that permits the observation of any material depicting, describing cr relating to 'specified sexual activities' or 'specific anatomical areas' from any public way or from any property not registered as an adult use." This provision was under the ordinance applicable to "any display decoration, sign, show window, or store opening." Finally, fines of not less than fifty dollars (SS0.O0) nor more than two hundred dollars ($200,00) were imposed for each offense -- with the provision that in the case of a continuing offense each day during which the offense continued could be counted as a separate case. Dallas. The city of Dallas adopted an ordinance regulating sexual'Ty oriented businesses in 1977. Interestingly, while Dallas is a zoned city, this regulatory ordinance was not made part of the zoning ordinance, bu= rather was incorporated into the general municipal code. The Dallas ordinance, like that in Chicago, was closely modelled on :he Detroit law. Under the Dallas ordinance, the distance requirement between sexually oriented businesses and areas zoned residential was one thousand feet (1000'). This distance was measured as a straight line from property line to property line of the two conflicting structures without regard to intervening structures. It is instructive to note that this one thousand foot {1000') re- striction was struck down due to lack of evidence as to the deteriorating effects sustained by neighborhoods as a result Of the interposition of sexually oriented businesses. Los Angeles. In 1978, the city of Los Angeles imposed a thirty (30) day moratorium on the establishment of new sexually orlented businesses in order to provide an opportunity for the city to draft a new and comprehensive ordinance regulating the industry. (It is no= olear whether such a moratorium would be permissible under recent antitrust decisions involving the 0011.35 P~e ZZ !:ability cf muzicipa!it:es for vio!atiom cf the Sherman ~st., The clty tken used it.~ P!annLng Department to study the effests Cf sexually crlented businesses cn the:r surrounding environ- ments. The conclusion of thls study was that regularlot. cf sexually oriented businesses was necessary to "prevent the continued erosion cf the character of the affected neighborhoods." The drafting of the Los Angeles ordinance followed the basic pattern established in the wake of the successful effort by the city of Detroit. What businesses were "sexually oriented" was meticulously defined and the activities of those businesses were likewise carefully delineated. Similar care was taken in the definition of the city's regularcry authority and with respect to the fines imposed for violations of the ordinance. An additional section provided for severability of the ordinance, thus allowing the ordinance to stand even if a particular section failed a judicial test. At this writing, our best information indicates that the Los Angeles ordinance has withstood any challenges and remains intact as originally passed. Again, a key element in the success of the ordinance was the careful development of information on the nature of the problem being addressed, thoughtful efforts to delineate as clearly as possible the intent and operation of the ordinance, and a strong rational tie between the problems being addressed and the regularcry scheme. Fairfax County, Vircinia. The ordinance adopted in Fairfax County, Vlrglnia, for the regulation of sexually oriented busi- nesses again follows the general pattern successfully established by the city of Detroit. However, in the area of issuance of permits, the Fairfax County ordinance is much more detailed. Specifically, the Fairfax County ordinance gives the chief of police jurisdiction over the application process. In exercis- ing this responsibility, the chief of police receives assistance from the Inspection Services Division, the Fire and Rescue Services, the Director of Health, and the Zoning Enforcement Division. The annual fee for renewal of the license is Two Thousand Dollars ($2,000.00); this annual renewal fee is in addlzlcn ~ a ~uslness license tax. The applicant must also complete a comprehensive application form dealing with the type of business, location and ownership. with respect to ownership, in-depth information is requested, and checks are made on the criminal records or prior questionable activities of the appli- cant. Additionally, permit fees are required from massage techni- cians. These permits spocify fees, term of the permit and health 001136 requlre~e~s. A~aim, the a~iicatlz~ :s c~r~hensive and delves into the applica~t's background and history, and is acrcmpa~lel by fingerprints.- The ordin?nce also goes further than Detroit law in setting minimum standards f~r sexually oriented businesses w~th regard. tc s=ructure and ~eDeral hygiene, the display of permits, and the establishment of'a right of entry relevant government inspection agents. ' Santa ~aria, Maria, California, ry scheme whereby different classes, Califnrnia. The ordinance enacted by Santa ~s interesting in that it provides a regulate- sexually oriented businesses are divided into as follows: "Class A" sexually oriented which provide entertainment in operation of an eating place. businesses are those conjunction with the "Class B" sexually oriented businesses are those which provide entertainment in conjunction with a business whose principal activity is the serving of alcoholic beverages. ' "Class C" sexually oriented businesses are =hose where entertainment is offered in conjunction with either of the business activities described as "Class A" or 'Class B," but where the exhibition of the human body is involved. Under this regulatory scheme, "Class A" businesses are the most lightly regulated, "Class B" businesses more so, and "Class C" businesses most of all. "Class C" businesses must deposit with =he Director of Finance a refundable deposit of five hundred dollars ($500.00}. This deposit would be used to pay the costs of additional city services such as police and fire assistance. This particular legislation was probably less referred to by the Committee than any other statutory scheme because its purposes seemed on the face of the ordinance to differ notably from the purposes of the ordinance proposed for Houston. SECTION-BY-SECTION SUF~/RY OF ORDINANCE Legislative Findings. The legislative findings sections of the ordinance has been 'drafted to summarize as concisely but as completely as ~ossible the underlying reasons why an ordinance is needed, and why the ordinance has been structured in its ~resent form. This Report is also incorporated by reference into the Legislative Findings. The city bases its right to regulate sexually oriented commercial enterprises on its general police powers -- the right 001137 to pass !e~islation to assure Fub!Ic s~fetV, health, ~cr~ls and other rela~ed goals. The city also hasps its right tc regulate as proposed in this ordinance urder spes!flc grants of authcrLty from the state, including Art. 1175, ~22 (authorizing regu!atlcn by municipalities of places of public amusement), Art. 1175, ~23- {authcrizing licensing by municipalities of businesses susce~tl- ble to the police power), Art. t175, ~24 (authorizing ~unici~al regulation of billboards and other exterior signage), Art. 1!75, ~34 (authorizing municipalities to exercise the general police power), and Art. 2372w (authorizing municipalities to regulate businesses whose principal activity is the offering of services intended to provide sexual stimulation or sexual gratification). The Committee has proposed that Council exercise the foregoing powers on the basis of its findings generated through the hearings held by the Committee and Council between Novem- ber 4, 1982 and October 25, 1983. These findings have already been discussed at some length in the foregoing subsection titled "Analysis of Testimony." The Legislative Findings section of the ordinance briefly ~ummarizes those findings. Article I: Definitions. The definitions included under Article I have been carefully crafted to conform with the Ccm. mit- tee's intention to regulate as effectively as possible, without infringing on federal constitutional guarantees, areas proemprod by state legislation or the operation of legitimate businesses. Although most of the definitions are by their nature self-evident, comments on some of the definitions are warranted to underscore the balance which ~he Committee constantly sought between effective regulation on the one hand an~, on the other, the limits placed on municipal at:ion by federal constitutional guarantees and state law. "Enterprise," for example, refers only to those establish- ~ ~o es stimulation or gratification. Inclusion of the word "major" is intended to exempt out such businesses as conve- nience stores which sell "Playboy" or "Playgirl" or other similar such magazines as a relatively small part of their overall opera- tion. In addition, specific exemptions are granted to several categories of businesses. Adult bookstores, adult movie theatres and businesses licensed to sell alcoholic beverages are exempted because of apparent preemption by state law: massage parlors are omitted because they are covered by another city ordinance. (It should be noted, however, that although =he foregoing businesses are not defined as "enterprises," and themfore not subject to the locational and permit requirements of the ordinance, they still are subject to specified provisions of the ordinance.) Businesses licensed by the state, such as those employing 001139 r_. . ~. .... p . s wh:se ,-.a~or act:vf:y is the The definitions in Article I also offer good examples of the consistency in reasoning which the Ccntmi~tee sought to achieve its work. For instance, it has already been noted that a ma?cr theme in the testimony heard by the Ccmmittee concerned the deleterious effects of Sexually oriented businesses on children, and the consequent problems caused for neighborhood ~tability and the quality of life, as reflected in property values. For thi~ reason, schools were placed ~ithin the category of protected establishments near which such sexually oriented businesses cannot be located. (It was this same general line of reasoning -- namely, the need to protect areas frecuented by children and used for family oriented activities -- that led to including churches among the protected activity categories.) However, it was also concluded by the Committee that at some point a person, even though still in school, matures to the point where the city can no longer reasonably claim the right to protect him or her from such businesses. While the age at which maturity may be achieved by different individuals may vary, it was concluded by the Committee that a reasonable cutoff age as a general rule would be seventeen (17), coinciding with earliest usual age graduation from secondary school. For this reason the definition of "school" (Article I, Section V) is'limited "to public and private schools used for primary or secondary education." Another problem the Committee faced in drafting the ordi- nance proposal was to minimize opportunities for circumvention of the ordinance. Concern was expressed by all members of the Committee and by the Legal Department, that some sexually oriented businesses, eager to escape the locational restrictions placed upon them, might start showing movies and argue that they were in fact "Adult Movie Theaters" protected by state law and not subject to municipal restrictions on location. The Committee has sought to deal with problems of this sort by careful drafting, as in the definition of "Adult Movie Theatre", which specifically requires that such theatres have tiers or rows of seats facing a screen or projection area, making it clear that simply setting up a projector and a screen will not make a modeling studio a movie theater under the ordinance. Article II. Permit Required. Article II of the ordinance establishes that all sexually oriented commercial enterprises within the Houston city limits must obtain a license from the Director of Finance and Administration before they can operate. Article III. Permit Applications. The requirements which must be fullflied before a permit may be granted to a sexually oriented commercial enterprise are set out in Article III. The 001:1.39 ~a~e Z4 list of infcrmatlcn to be suFplied, which shall be subpitted the Director of Finance and Admln:s~raticn, was taken for the most part from the present ordinance 2[-73. Thi~ was decided the Cc~ittee on the basis of issues raised during the hearings~. For instance, a number of witnesses cited the problems inherent in tracking down the person ultimately responsible for a partner- ship or corporation; hence, the Committee has recom.mended a series of ownership disclosures which, while not onerous to the business enterprise, will provide information adequate for reasonable enforcement of the ordinance should its provisions subsequently be violated. The application requirements also call for submission of relevant state-issued documents pertaining to the authorization of the enterprise to do business within the State of Texas. The application form shall also include a written declaratio~ that all information contained in the appli- cation is true and correct, and that the applicant is in con- formity with all provisions of the ordinance: violation of these provisions will be grounds for suspension or revocation of the permit. krtic!e IV. Permit Fee. The ordinance establishes a permit fee of $350.00 for each permit application. The amount of this fee was based on testimony by william R. ~rown, Director of' Finance and Administration, which fixed the cost of processing each such application at within T~n Dollars (S10.00) of the S350.00 figure later adopted by the Committee. Since the $350.00 represents the cost to the city of actually processing the application, regardless of whether the permit is approved or disapproved, the fee is payable at the time the permit is re- quested and shall be nonrefundable. The permit shall be good for one year from the date of issuance, and shall be renewable annually; the $350.00 fee for each renewal of the permit repre- sents the costs of each year's review of the permit application and the ongoing costs of administering the regulations estab- lished by the ordinance, including the costs of enforcement through inspections of the establishments by city personnel. It should also be no~ed that just prior to submission of the proposed ordinance to Council, a general review of all fees and charges of the City of Mouston was undertaken. This general review, which will generate the most reliable direct and indirect cost data in the city's history, may produce a different figure for the processing of the permit. If so, an adjustment (most likely upward) will have to be made in the permit fee. At the time of this writing, however, the $350.00 figure still repre- sents the best estimate of the actual cost of processing the application and administering the regulations proposed under the ordinance. OOl. l. O nance, the Director of F~nance and Administration .--ust within twenty (20) days issue a permit to the applicant. Although there are several grounds cn which an application for a permit will be denied -- the failure to supply all of the required information~ for example, or the giving cf information that is knowingly' false, fraudulent cr untruthful -- the most important of these reasons focuses on certain distance requirements that must be met in the location of sexually oriented commercial enterprises. (Again, exempted from these locational restrictions are adult movie theaters, adult bookstores, businesses selling alcoholic beverages, and massage parlors.) Specifically, the ordinance .would require that all subject businesses be located not less than 750 feet from a church or school (both terms beinq defined in the ordinance) and not less than !,000 feet from each other. fln the event two such businesses are closer to each other than ],000 feet, then Article VI, Section B provides that a permit shall be issued to the applicant "having the longer perlod of enterprise ownership at the same location for which a permit is sought.") A third distance requirement set out in Article V has been' characterized as the "residential concentration" test. A circle with a 1,000 foot radius is drawn around the location of the proposed business. If within the circle thereby determined seventy-five percent (75%) or more of the tracts are residential (that is, if seventy-five percent (75%) or more of the tracts were coded as residential, in the city's Metrocom computer), then the business could not locate there. Conversely, however, should land use in the area become more commercial, such that the percentage dropped below seventy-five percent (75%), the business might under a new permit application be granted the right to operate at the formerly unacceptable location. These distance requirements are good exammles cf the Co~mit- tee's efforts to analyze the information preserved during the public hearings, to distill from that information the real nature Of the problems to be addressed and to then develop solutions logically and consistently related to the actual problems. For example, while many who testified acknowledged the right of such businesses to exist, and while many of these same witnesses expressed solicitude for the rights of those who might want to avail themselves of the goods or services offered by such busi- nesses, the same witnesses also expressed strong concern about balancing these considerations against the effects such busi- nesses might have on children and the fabric of the family unit, as well as property values and the quality of urban life. In reviewing the testimony, the Committee concluded tha~ this concern was justified -- particularly in light of some of the 001.1.4]- expert testi~cn':' offered -- and hence c:eated the ?50 f~ct rule with respect to churches a~d schco!s wh:cn ~ere v:ewed as centers for family oriented activities. A second set of problems brought out in the hearings is the. detrimental effect that the clustering of such businesses can have on a surrounding area. Testimony from the Chief of Police, as well as information supplied by residents of areas where concentrations of such businesses are unusually high, repeated the point that the clustering of such businesses exacerbate the problems they create by developing an atmosphere in which a · secondary market" of illicit activities -- both sexual and otherwise -- are encouraged. Although most witnesses agreed that the location of such businesses could not be restricted in such a way as to effectively eliminate them altogether, most witnesses -- including the Chief of Police -- stated that in their view a "separation" or "nonclustering" provision would alleviate some of the problems normally associated with the operation of such businesses. In reviewing this testimony, and in considering the experience of cities such as Detroit, the Committee concurred with the judgment of the witnesses and therefore included a requirement regarding spacing of the businesses from each other. A third set of problems identified during the hearings was the difficulties created when these businesses locate in areas that are primarily residential in character. These problems are aggravated in Houston because of the lack of zoning laws; in the absence of any ordine'nce, only deed-restricted developments are allowed some measure of protection and even that degree of protection stops at the border of the deed restricted area. Most witnesses who testified on this point before the Committee acknowledged that there was little likelihood that zoning would be imposed in Houston. At the same time, however, many of these same witnesses indicated their belief that reliance on deed restrictions as the sole method of protection was woefully inadequate, particularly since so many of the areas most severely affected by the problem of sexually oriented businesses were ones in which deed restrictions had irrevocably lapsad, or in which such restrictions had never existed at all. In reviewing the testimony on this point, the ComMittee concluded that =here were sound policy reasons for the city to provide greater protection for areas of high residential concen- tration from the adverse consequences of too many sexually oriented businesses. Concern for children and family-related activities already cited above with respect to the distance requirement from church and schools was likewise a factor here. Concern was also felt for the need to maintain some degree of stability in residential areas so as to provide at least a measure of corresponding stability in the property tax base. 0011.42 restr:cted areas, however ~:nlmal, ought to be extended b'. providing singular (if not the sa~e) protection to any area wlt~ a high concentration cf residentlal usage. (Although the Co~-,.i~tee considered extending the same sorts of proactions to areas less residential in character, it was not thought that the' same policy considerations applied with equal force as areas became "less residential.") In evaluating these distance requirements, the Committee also remained sensitive to concerns that were raised during the hearings by opponents of the ordinance. For instance, at least one of the lawyers representing some of the businesses that will be affected by the ordinance argued that the "residential concen- tration" test was tantamount to zoning. After careful considera- tion the Committee respectfully disagreed. To the Committee, there is a great deal of difference between an ordinance creating a zoning commission which then proceeds to establish use ca:e- gories for entire areas of the cxty and an ordinance which merely requires that if the market, operating freely, has resulted in an area that is "predominantly residential" in character, then certain businesses cannot locate within a fixed distance of that area. In the first instance, the city dictates land usage and" only a change by the city in the ordinance fixing such usage ~ill permit deviation from that rule. In the second instance, the city merely provides that in the event usage in a particular area should through operation of the free market develop along certain lines, then certain restrictions will be involved. Conversely, should the market dictate a change in overall usage of an area (as in a case where an area formerly predominantly residential became commercial), then the city restrictions would be lifted. The difference might nest be characteri:ed as that between active and passive -- or "reflective" -- land management. The Co~,~,ittee also took guite seriously the concerns ex, pressed during the hearings by some representatives of the affected businesses that determining whether a proposed location would conform with the ordinance would prove unduly burdensome and costly. Mowever, the Committee believes that introduction of the Metrocom computerized mapping system into city government effectively answers this concern. As stated in testimony offered before the Committee by Ken Strange, the Metrocom aclministrator, it will be possible, for a minimal charge which refAects the actual cost of computer and clerical time, to determine in advance -- and within just a few hours -- whether a particular proposed site is permissible for a sexually oriented business. concluded that Under the circumstances, the Committee ' the "res- idential concentration" test was not only a suitable remedy for some of the problems adduced durin~ the hearings, but also that 001,1.43 the ~est would nc~ place an undue cr u~fair burden cn tie businesses to be regulated. A brief co~ent snou!d be made with respect to the appeals process established to provide recourse from permit denials by the Director Of Finance and Administration. While an initial appeal hearing before the Director is provided for in the ordinance, the Committee felt that given the nature of the issues involved, and the desire to assume that the ordinance in both theory and oractice did not operate to abuse individual rights, an appea'l"t~ Council should allo be provided. This has been done in Article V, Section E. Article VI. Existing Ee~deordinance, and f='ompresent s tuation e of transitio specifically the treatment of previously existing businesses under the new ordinance was the subject of considerable thought by the Committee. The results of tha: lengthy consideration of the transition problems are embodied in Article VI. Section A of Article VI provides the timetable under which businesses must conform with the ordinance. For this purpose the ordinance divides the City into four quadrants: compliance with the terms and conditions of the ordinance are phased through use of these quadrants. Section B provides' that where two subject businesses are within 1,000 feet of each other, that business having the longer period of ownership at the same location shall receive the permit, while the business with the lesser ownership period at the same location shall be denied a permit. In the opinion of the Committee, =his approach seemed the fairest way to treat the difficult problem of dealing fairly with businesses too close together to comply with the ordinance, without abandoning entirely the attempt to enforce the ordinance against existing businesses. The Committee chose to remain consistent with this "prior in time, prior in right" approach by providing that where a subject business is closer than 750 feet to a church or school, that business will not be required to abandon the location if it can be shown that the period of enterprise ownership at the same location exceeds the length of time the church or school has been located at that site. Sections C and D of Article VI deal with the difficult issue of grandlathering versus amortization of existing businesses. The Committee decisions wi~h respect to the issues raised by this question again exemplify the careful attempt to base legislative action on the relevant'information gathered during ~he hearings process as well as the desire of the Committee to offer the maximum possible protection to individual interests while also dealing effectively with the need for action testified to in the hearings. 0011.4d During the kearinos, it berate ev'-dent to the Csm_~ittee the problems created b~' ~e×uall~, oriented busimesse~ had zeen allowed to persist for so long that mere!v addressing the prc'~ie~ "from here on out" would not be adequate. Prospective !ation would do little or ncthinq to alleviate the curren~ serious problem caused by businesses already existing. The Committee therefore concluded that existing businesses should come under the ordinance; for this reason the Committee rejected grandlathering of existing businesses and determined that amor- tization would be the appropriate approach. At the same tr. me, however, the Committee recognized that even if existing busi- nesses were to be brought under the ordinance, this could not be done in a way that would ignore the investments that had been made in the businesses fend therefore prime facie unconstitu- tionally deprive persons of their property witH~'~'just compen- sation,). The Ccnunittee understood -- and if it had not, it certainly would have after having been drilled on the point numerous times by representatives of the Legal Department -- that even under an amortization approach the amortization period could not be so short as to effectively deprive the owners of the subject businesses of their property interests without just compensation. Sensitivity to the need for an adequate amortization period was frustrated, however, by the lack of.evidence in the hearing record on which the Committee could base its decision as to what constitutes an appropriate amortization period. No member of the affected industries, nor owners or representatives of affected individual businesses, appeared before the Committee for purposes of offering testimony on this point. (One owrrer of an adult bookstore did suggest, by written correspondence to the Comfit- tee, that the amortization period be extended to ten (10) years; however, the Committee believed that this suggestion was un- realistic. Certainly the recommendation was not supported by any factual data.) In the absence of such testimony, the Committee found itself in a difficult position. While the Committee admittedly wished to legislate the shortest possible period within which subject businesses must come under the ordinance or, alternatively, abandon their present locations, the members did not want to impose a time limit that, based on actual numbers, was unfair. The problem, however, was that the numbers were not available because the relevant affected businesses had chosen not to supply them to the Committee. (The Committee briefly considered using the subpoena powers available to Council under the Charter when considering such legislative matters, but decided against doing so for reasons explained below.) 0011.45 in the end, the Co.-,:.:ttee devised ordlnance Frcvislcns Sec-.ions C and D of Article VI -- which deal with this dilerra an effective, fair and practical way. Section C of Article Vi provides that if an existing business cannot qualify for a under the ordinance, then that business shall terminate its. operations at that particular location within six months after the business receives notice from the Director of Finance and Administration of {ts ineligibility for a permit. However, should any business so notified believe that six months will be insufficient for the business to recoup the investment represented by the enterprise, then the owner or owners of that business shall have the right to petition the Director of Finance and Administration for an extension, which can be as long as the 'Director determines appropriate based on the evidence presented. The Committee believes this approach adequately answers the dilemma presented by the lack of factual testimony in the record as to the earning capacity of these businesses. The provisions set forth a reasonable minimum time period for compliance that speaks to the Committee's desire for speedy implementation of the ordinance. At the same time, businesses which believe six months is too short, can, if they choose, come for-ward with books and records supporting their contention that they are entitled to a' longer amortization period -- indeed, to as long an amortization period as they can prove. Should the .Director of Finance and Administration refuse to grant such an extension despite the evidence submitted or should the extension be less than that reasonably justified, the decision could be appealed to the Council under Article V, Section E. And if that appeal failed, it is the Committee's understanding that the applicant may have standing to appeal the Director's decision to the state district courts as an arbitrary and capricious exercise of discretionary authority under those doctrines relating to taking of proper~y. The Committee believes that this approach is fairer and more feasible than fixing a longer period of amortization effective with respect to all businesses. Moreover, this approach avoids the need to subpoena books and records from business owners unwilling or at least hesitan~ to divulge financial information in order to develop an amortization period grounded in a hearing record. Instead, ~he decision is left to each individual busi- ness and its o~er as to whether that particular owner wishes tO divulge business data in order to secure an extension of the six month time limit. This assures the business owner maximum privacy should he or she so desire, while also allowing the city to achieve its goal of speedy compliance with the ordinance in order to deal as effectively as possible with a serious existing problem. 001-1.48 A_-t:c!e VII. ~evocat!on cf Per.-;-_. The Cc.-:;'.tee ;n hear:m~ testimony became concerned not 3us'- a~ou= the circumstances ;nder which the initia*l permit would be granted, but also about the means by which a permit could be revoked should a business fall out of compliance with the ordinance during the term of the' permit. For this reason, the Committee requested the drafting cf provisions that dealt with the principal problems testified to during the hearings. as to the operation of these businesses. These common problems can be classified as follows: Minors as Employees. A number of witnesses before the Committee expressed concern, particularly with regard to adult modeling studios, as to the actual age of some persons employed on the premises. Article VII, Section A{1} provides that a permit shall be revoked if persons under the age of seventeen (17) are found to be employees of a subject enterprise. Seventeen years of age was selected to comply with relevant state law. A companion provision, Article XI, prohibits the entry upon the premises of such businesses of anyone younger than seventeen, and requires each affected business to provide an attendant to assure compliance with this prohibition. Exterior Appearance and Signage-. Although a majorlty of the wlznesses appearing before the Commit- tee felt that the control cf the exterior appearance and signage of such businesses would help deal with the negative effect cf such businesses on neighborhood stability and property values, most also stated concern that such provisions, if enacted, would not be heeded seriously by the businesses in guestion. In consider- ing these arguments, the Committee concluded that effective enforcement of these provisions was a neces- sity. The Committee therefore provide~ that violation of these provisions will result in loss of the permit to do business. Recurrin~ or Chronic Criminal Activity. A consis- tent theme in the testimony before the Committee, whether offere~ by experts, citizens with specially significan= experience with sexuall.v oriented busi- nesses or members of the general public, was the problem of associated crime taking plaoe in these establishments without action being taken by. the city or any other suitable authority against such establishments. Once again, many witnesses stated that while they understood the need to accept the right of such businesses to exist, they believed there was a need to provide sanctions against those businesses 0011.47 ~a=e ~2 which operate outside the law or ~hich permit (e:thrr deliberately or by acts cf omission) unlawful activities to take place on their premises. Article VII, Section A(3) addresses tkis problem raised during the hearings by providing that whenever three or more persons are adjudged guilty in a trial court of committing certain criminal acts (as specified in Chapter 21, Chapter 43, Section 22.011, or Section 22.021 of the Texas Penal Code) on the premises of such a business, the permit of that business will be revoked if it can be shown that the owner or operator of the business either knew of the activities and did not seek to prevent them, or else failed to take adequate steps to become aware of the activity. The Committee believes that the concept of three or more persons being found guilty in a trial court serving as the triggering mechanism for this position is both fair and effective. Requiring actual convic- tions deals with the concern expressed by some during the hearings that such a provision, if triggered only by a certain number of arrests, would encourage police harassment of such establishments. The sensible alternative appeared to require judicial action on the arrest. At the same time, however, members of the Committee were keenly aware that the pace of the judicial process makes it unlikely that in any one-year period three or more persons would be arrested, tried and have their cases heard at a!l levels of appeal. Given these realities, Article VII, Section A(3) represents a compromise in which judicial action is required, but completion of the appeals process is not. Moreover, should a particular business owner feel that this revocation mechanism is being used improperly against him because of some defect in the adjudications relied upon, this issue can be raised independently in the appeal on the revocation where the Director can then make a determination on the merits of the argument separate from the criminal process. False. Fraudulent or Untruthful Permit Informa- tion. One of the most significant difficulties reported to the Committee during its hearings by those agencies currently charged with enforcement of existing laws against those businesses ~roposed to be covered by the ordinance is the lack of accurate and complete data. In many instances according to testimony this lack of information is due to the businesses themselves, which engage in practices ranging from legally complex schemes of corporate ownership that 001.1.45 obscure true authority and control to cutrL~ht falsehocds a~d fraudulemt misrepresentations w;~z respect to the operations of a business. It is cf course impossible to divert those who are determined to undertake such actions from doing so. But the Ccm.mittee concluded that a major gap in enforcement would be created if the giving of false, fraudulent or untruthful information on the application form were no% provided for; this is the reason for, and purpose of Article VII, Section A(4). As a concluding comment, the C0m:nittee would point out that all of the revocation provisions are subject to the same appeals process provided for elsewhere throughout the ordinance. (These appeals provisions are set out in detail in Article V, Sections C through E.) This appeals process would include an appeal to Council. The Committee is also of the opinion that in the event Council were to uphold the revocation of a permit by the Director of Finance and Administration, that decision would be subject to appeal to a state district court. Article IX. Other Permit Provisions. krticle IX includes a member of miscellaneous but Impor=ant provisions. Section A requires posting Of the permit on the premises of the business authorized by that permit. The permit must be posted in an "open and conspicuous" place to assure ease of enforcement by public officials. (Open and conspicuous posting of the permit also benefits the busimess,. since it allows for s check of the per- mit's existence with a minimum of disruption to normal business operations.) Section B makes all permits issued under the ordinance good only for the location for which the permit was originally issued; in addition, permits are not assignable or transferable. This latter provision was adopted by the Committee in response to the problem cited during the hearing of "rolling over" o~nership of a business. The propensity of such businesses when under scrutiny (as during a court case brought by the city for prohibited activities) to change ownership and thereby continue to do business while avoiding further legal action (because the new owner has not been named as a defendant in the city suit) is dealt with ~-' any such change of ownership grounds for _~ making termination of the permit. Section C of Article IX makes unlawful to counterfeit, forge, change, deface or alter a permit in any way. Articles IX and X. Restrictions on Exterior ADoearance and Signage. Article IX which covers all sexually oriented busi- nesses, as well as adult bookstores, adult movie theatres, and massage establishments, sets restrictions regarding the external 00 1.49 .Pa~e 24 appearance cf all ~uch businesses. (with respect to businesso's selling alcohol, only signage and not exterior appeara~ce regulated.) First, no such business can allcw Its gocfs cr services to be visible from amy point cutFide thn establishment. Second, the ordinance fcrhid~ the use c~ flashing lights cr pictorial representations on the exterior of such businesses: words can be used to a limited extent as noted below in the discussion of Article X. Third, the ordinance requires that all such businesses be painted a single achromatic color -- that is to say, some shade of grey. Exceptions to this requirement are permitted where the business is located in a commercial multi-unit center where the entire center is painted the same color, or where the color scheme employed is part of an overall architectural system or pattern. (A similar exception is pro- vided for any unpainted portions of the exterior.) The ordinance provides that all subject businesses will come into conformity with these provisions of the ordinance within six months of the effective date of the ordinance. Article X regulates the signage of all sexually oriented businesses, including adult bookstores, adult movie theatres, and massage establishments; businesses licensed to sell alcoholic beverages also are subject to the signage provisions. The' ordinance allows two types of signs to be displayed. The first type -- a "primary sign" -- may contain only the name of the establishment and a generic phrase, selected from phrases specified in the ordinance, describing the nature of the establishment. The letters on a "primary sign" must be uniform and must be of a solid color. The background on the sign also must be of a solid color. Additionally, "primary signs" must not contain any pictorial representations or flashing lights, must be rectangular, must no= exceed 75 square feet in area, and must not exceed 10 feet in height and ]O feet in length. The second type of sign is the "secondary sign.* A "secondary sign," while smaller than a "primary sign," has fewer restrictions placed on it. "Secondary signs" are regulated only to the extent that they must be attached to a wall or door of an establishment, must be rectangular, must not exceed 20 square feet in area and must not exceed 5 feet in height and 4 feet in length. Non-conforming signs must be removed or made to conform within six months of the effective date of the ordinance. Exten- sions of the six month period can be granted by the Director cf the Department of Finance and Administration if it can be proved that more time is needed to recoupment the investment in the non-conforming sign. Approval of the request for extension cannot be withheld if the request is adequately supported bV financial records. The procedure for securing such an extension 001.150 .Page 35 is virtually identical to the procedure set out in Article Sections D through E, concerning requests for extensions of the six month amortization period for non-conforming e~i~tlng enterprises. The Committee adopted these provisions regarding exterior' appearance and signage after hearing considerable testimony, both from expert witnesses and members of the lay public, regarding the problems caused by the exterior appearance and signage of the businesses. Again, the majority of witnesses admitted the right of such businesses to exist, and a number of witnesses pointed out what they believed to be the state-imposed limitations on the city's ability to regulate the location of certain kinds of these businesses, such as adult movie theaters and adult bookstores. Mowever, it was also pointed out to the Committee by a number of witnesses that despite these concessions, action should still be taken to minimize the adverse effect of these businesses on their surrounding neighborhoods. The Committee found in hearing testimony that these adverse effects take several forms. First, a number of experts in Mouston real estate testified that the businesses adversely affect the value of adjoining and neighboring property. Specific.- examples of this phenomena were cited to the Committee during its hearings. (Similar testimony was offered during the additional hearing held before the entire Council.) Second, the Committee received lay testimony regarding the effects of the exterior appearance of such businesses on children. A number of parents expressed concern over the consequences to their own children and children of others because of exposure to the language and signage, including pictorial representations, used by these businesses. This testimony from lay persons was corroborated by expert statements regarding the adverse effects of such signage and exterior decoration upon children. These two considerations -- the effect of the businexses on the value of neighboring properties and on children -- seemed to the Committee to be par~ of the more general problem of pressring a reasonable level of guality of life in Mouston, a problem of paramount importance if the city is to maintain a stable community environment 'where property values are maintained (an essential element in any consideration of municipal finances, for example) and further investment is encouraged. There was considerable testimony, for instance, to the effect that the current situation along lower Westheimer is impeding economic redevelopment of the area. The sexually oriented businesses clustered in that area are apparently able to pay extraordinarily high monthly rents -- much higher than non-sexually oriented businesses can afford. The result has been the "shutting out" of non-sexually oriented businesses, which could survive 001151 economically except for the artificially high rents. addition, there. was considerable testimnny as to how the atmosphere created by the clu~terin~ of such busineese made it difficult for non-sexually oriented businesses to attract sufficient clientele to be successful.) This inability attract "seed businesses" has in turn made it difficult to encourage other larger-scale quality develoom~nt in the area. It has also discouraged those who wish to reside in the area and thereby continue the mixed-development plan of land use that has historically made the Montrose a unique community. In response to these problems, the Committee did not propose steps that would ban sexually oriented businesses altogether. Instead, the remedies proposed would limit the concentration of such businesses and their obtrusiveness even where allowed to locate= it is the intention thereby to create an economic situation in which other types of businesses might also be enoouraged to locate in an area, thereby achieving a more balanced urban mix. where the particular type of business could not be regulated as to its location -- as 'in the case of adult bookstores or adult movie theatres, thanks to the apparent preemption of any city action because of state law -- the Committee recommended the next most effective and available action: namely, to make the businesses as unobtrusive as possible, and to minimize the negative impact of the businesses on their surrounding areas through controls on signage and exterior appearance. There were those who arcued to the Committee that the signage of sexdullY oriented businesses is no mo~e alluring than that associated wi%h other outdoor advertising. Other witnesses contended that even the garish external appearance of these businesses was no worse than might be found in conjunction with other non-sexually oriented businesses. Based on all of the testimony, however, the Committee concluded that the ~ualitative difference between the signage and exterior appearance regulated under this ordinance and other signage and exterior businesses themselves. Based on the testimony, it is the opinion o~ the Committee that sexually oriented businesses have adverse effects on their surrounding neighborhoods unlike any negative effects that could be shown by strip shopping centers in general, convenience stores or o~her commercial establishments- As the Committee reads the testimony of those witnesses deemed most credible, a clear case is made that sexually oriented businesses, because of their unique a~verse consequences on the surrounding neighborhoods, require regulation in whatever way reasonable possible to minimize those adverse consequences- It is also the Committee's finding that based both on the testimony and the experience of other city's, the single most 001.1.52 effective action to be taken with respect to sexually c~iente~ businesses is to restrict their !coat!on. However, loc~tlcna! restrictions by themselves are not enough: where the law allows, these should be coupled with restrictions on external signage and appearance to minimize the obtrusiveness of the sexually oriented- business wherever located. Where thanks to state law the city's. right to regulate location has been proemprod, the need to strictly regulate exterior signage and appearance become.~ even more critical as almost the only meaningful tool left in the municipal arsenal to deal with the problems posed by sexually oriented businesses for the quality of Houston life. Article XI. Age Restrictions on Entry. A recurrent theme in the testimony before t~e Committee was the effect of these businesses upon children, which in turn would affect the quality of life in Houston. One of the specific problems considered by the Committee in this regard was the entry by minors onto the premises of such businesses, The Committee felt that barring persons under the age of seventeen from entry onto the premises of a sexually oriented business -- which in this instance would include an adult movie theatre, adult bookstore or massage esablishment -- was a reasonable response to this concern. Section B of Article XI, placing an affirmative duty on the establiment to enforce this provision seemed to the Committee to be the simplest, most reasonable means of attaining enforcement of this article, particularly as the alternative would be a large number of roving inspectors, the cost of which would most likely be borne by the establishments through the permit fee. Article XII. Restrictions on Employment of Minors. In addition ~o concern about the presence of minors in sexually oriented businesses as customers, the Committee also received testimony indicating that minors might be employed in some of these businesses, particularly the adult modeling studios. For this reason, the Committee felt it necessary to include a specific prohibition against the employment of persons under the age of seventeen in sexually oriented businesses -- again including adult movie theatres, adult bookstores and massage establishments~ Article XIII. Priority of Right. One issue raised during the Co~ittee's deliberations was whether a sexually oriente~ enterprise, once lawfully permitted, could lose its permit if a school or church were to be established within 7S0 feet of the land enterprise, or if seventy-five per cent of the tracts of within the calculated circular area were to become residential in accordance with the terms and conditions of Article V, Section B(3). After substantial deliberation, the Committee concluded that the "prior in time, prior in right" doctrine should be consistently applied. A church or school which 0011.53 · Page 38 knowingly chose its location despite the prior existence of 'a sexually oriented commercial enterprise, were not deemed .by the Com.mittee to occupy the same status as those schools, churches and residential areas which existed prior to the establishment of the sexually oriented business in cuesrich. However, the. Committee dfd provide that this right to continued existence would terminate with the expiration without timely renewal or revocation of the permit. krticle XIV. Effect on Massage Establishments. The City of Houston already has one ordinance governing massage establishments -- Chapter 27 of the Houston Code of Ordinances. The provisions of this ordinance are not intended to supplant that Chapter, but instead are designed to complement its provisions. If a conflict should be deemed to exist between Chapter 27 and this new ordinance, however, the provisions of the new ordiance will govern. Articles XV - XIX. Additional Provisions. Articles XV through XIX are additional provisions deemed necessary by the Committee for a complete and effective ordinance. Article sets the rules regarding notices under the ordinance; all such notices must be sent in writing and will be considered as having' been delivered there days after their delivery to the U.S. Mails. Article XVI makes violations of the. ordinance a Class C misdemeanor; each day a violation continues is deemed for purposes of the ordinance as a separate offense. Article XVII establishes the authority of the Director of Finance and Aministration, or his duly appointed subordinantes, to enforce the ordinance, if necessary by lawful entry by means of a search warrant onto the premises of the business in question. Article XVIII empowers the City Attorney to file suit to enforce this ordinance. Article XIX provides that if any provision of the ordinance should for any reason be held invalid, the remainder of the ordinance shall continue in full force and effect. CONCLUSION The Committee has attempted to show in this Report that the new ordinance regulating sexually oriented businesses is not a "knee ~erk" :es~nse ~0 public c~mplaints about such establish- ments. Rather the ordinance is the cumulation of over one year"s work during which time citizen input was received, specific problems were identified, various remedies were considered, and legal contours were set. The Committee candidly acknowledges that a more res~rictive ordinance was envisioned in the early days of the project, as reflected by the draft initially propagated by the Committee. However, such a restrictive ordinance could not be sanctioned if the Committee were to adhere 001.1.54 Report On Zoning And Other Regulot/~g AduH Entertoinrnenf Methods Of In Arnorillo Seplember 12 PLANNING DEPAHI'MENT CITY OF AMARILLO, TEXAS 0010~ a R_rPOqT OH ,'~ON;~S ,~lO OTHEp ~E'UODS OF REGVLAT!NG ADUL' E~TE-'TAiNME~;T I'~ AMAR;LL~ Jerry Ammerman Con~nissioner No. 1 Houston Deford Commissioner No. 2 CiTY COMMISSIO'I Jerry H. Hodge Mayor John S. Stiff City Manager Curtis A. Crofford Commissioner No. 3 J. Dean Christy Con~issioner No. 4 PLANNING AND ZONING COMMISSION W. E. (Bill) Juett Chairman U. C. Sterquell, jr., Vice-Chairman Ronald Edmondson Jack Haztewood Herbert Johnson Martin G. Manwarren Marvin Winton PLANNING STAFF H. Dale Williamson Director of Planning, Traffic and Code Enforcement Secretary, Planning and Zoning Commission Donna Stanley, Planner II Gary Dumas, Planner I Michael D. Moor~, Planner I Tom Horton, Draftsman II J D Smith, Jr. Chief Planner Geno Wilson, Draftsman II Steve Rodriquez, Draftsman I Gall Beck, Secretary III Maxine Hawk, Clerk II September 12, 1977 001, This report prssents the findings of the Amarillo Plannin~ Department the adult entertainment industry within the confines of the Amarillo City Limits. These findings analyze the land use effects of adult entertainment businesses an~ alternatives for their regulation. Adult entertainment businesses are those customarily are not open to the general public by the exclusion of minors by reason of age. Presently, the only authority available to a city for regulating adult businesses is the city's power to zone and license. These methods of control have been sanc:ioneC by the Youn~ v American Mini Theaters, Inc. case. The determination of what is or is not obscene is to be made by a jury on a case by case basis in accordance with the test described in the Marvin Miller v State of California decision. The criminal offenses for dealing in obscenity, prcscrlbed by the Texas Penal Code, are the exclusive province' of the State, and the city may not invade this area by seeking to define obscenity or provide rebuff for its sale, display or distribution. 001042. ~, ;~E~ORT OPt Z?IING ~ND OT,'-.'ER METHODS 'l-' R-',~UL-'Ti~;G A2ULT ENT-_'sTAI'IMENT I~'I AMA~ILLO INTR02UCTION This report on the current extent of pornography in Amarillo was initiate: upon the request of the Amarillo Planning and Zoning Commission April 25, 1977. Accompanying the request was the desire for information concerning the possible zoning control of all businesses catering to adults only. For the purpose of this report, adult-only businesses have not been limited to those that display porno- graphic material, but include bars, lounges, and any other business type which restricts entry, sale or viewing based upon a minimum age. This study is an attempt to briefly explore the national problem of adult-only businesses with a major emphasis on those which deal in pornographic material. Th~ Amarillo situation was analyzed in relation to the extent of the national growth of the adult-only industry and the extent and limitations to which the City can ccntrol, through land use mechanismS, the proliferatiOn of the industry outlets. No city ordinance regulating any type of adult business is included within this report and none will be drafted until discussion has occurred on the various options available for the control of adult businesses. In any consideration of whether or not to control and restrict adult-only outlets within the municipal jurisdiction, the following should be reviewed: 1. To prohibit these uses to locate anywhere in the municipality, three points must be considered: A. The Courts have generally invalidated legislation which attempts to prohibit a particular use altogether from a municipality. B. Prohibiting the 1 ocation of any pornographic use in the city could be contested on the grounds that it provides an individual engaged in such practice no means of livelihood within the City. C. Such legislation could also be contested on the grounds that it infringes upon the right of freedom of speech. 2. If 'these uses are to be allowed and restricted within the municipality, the City must decide where such uses are to be located.~ 001" METHOD OF ANALYSIS In the preparation of this report, several data sources were employed. Current weekly national news magazines were searched for references to the problems of major urban areas relative to this topic. Several individual citi~_s known to be exploring methods of controlling the growth of the adult-only industry were contacted and adopted City Ordinances were reviewed. The American Society of Planning Officials provided advance information from an unreleased publication on Adult Entertainment which has since been published (copy included for your review}. Several recent Supreme Court decisions were reviewed in order to determine the general mood of the law as handed down.2 This information was synthesized into a form which details the national limita- tions placed upon a state and city in the land use control of adult-only businesses. The Texas obscenity law was then reviewed in order to determine the limitations of legislative regulation of adult-only businesses aria the extent to which hnarillc, as a city, may regulate the industry through land use and licensing mechanisms. DEFINITIONS Obscenity is defined by the Supreme Court in the following exerpts from Marvin Miller v State of California: "Obscene material is not protected by the First Amendment, Roth v United States, 354, U.S. 476, 77 S. Ct. 1307, 1L. Ed. Zd 1498, ~eaffirmed. A work may be subject to state regulation where that work, taken as a whole, appeals to the prurient interest in sex; portrays, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and taken as a whole, does not have serious literary, artistic, political, or scientific value." 'The basic guidelines for the trier of fact must be: (a) whether the average penon, applying) contemporary conmnunity standards would find that the work, taken as a whole, appeals to the prurient interest, Roth, Supra, at 48g, 77 S. Ct. at 1311; {b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (c} whether the work, taken as.a whole, lacks serious literary, artistic, political, or scientific value. If a state obscenity law is thus limited, First Amendment values are adequately protected by ultimate independent appellate review of constitutional claims when necessary." 001044 -2- 3. "The jury may measure the essentially factual issues of prurient appeal and patent offensivehess by the standard that prevails in the for~- Con~nunity, and need not employ a 'national standard'." As stated above the basic guideline for determining what is obscene is an evaluation of the material utilizing the forum community standard. In S-~:~ v United States, 97 S. Ct. 1756 {1977} the Court amplified its consideration c~ community standard when it stated that con~nunity standards are required to be applied by the jury in accordance with its understanding of the tolerance of the average person in the comnunity. The result being that the jury has the dis cretion to determine what appeals to the prurient interests and what is patently offensive in its con~unity. "State law cannot define the contemporary community standards for appeal to the prurient interest and patent offensiveness that under Mil~e~ v California are applied in determining whether or not material is obscene . . . Though state legislatures are not completely foreclosed from setting substantl ve limitations for obscenity cases, they cannot declare what community standards shall be . "[Smith v United States {1759)] The conduct regulated by the Texas Legislature is defined in the Texas Penal Code Subchapter 43B, "Obscenity". The following is that portion cf Chapter 43 which regulatem the sale, distribution and display of obscene material: 43.21. Definitions In this subchapter: (1} "ObScene" means having as a whole a dominant theme that: (A) appeals to the prurient interest of the average person applying contemporary community standards; (B) deoicts or describes sexual conduct in a patently offensive way; and {C} lacks serious literary, artistic, political, or scientific value. {2} "~aterial" means a book, magazine, newspaper, or other printed or ~ritten material; a picture, drawing, photograph, motion picture, or other pictorial representation; a play, dance, or performance; a statue or other figure; a recording, transcription, or mechanical° chemical, or electrical reproduction; or other article, equipment or machine. "Prurient interest" means an interest in sexual conduct that goes stantially beyond customary limits of candor in description or re,resent- ation of such conduct. If it aDDears from the character of the or the circumstances of its dissemination that the subject matte~ is signed for a specially susceptible audience, the appeal of the matter s~all be judged with reference to suc~ andience. (4) "Distribute" means to transfer possession, whether with or without consideration. (5) "Commercially distribute" means to transfer possession for valuable consideration. (6) "Sexual conduct" means: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; any contact between a person's meut~ or genitals and the anu~ or genitals of an animal or fowl; or (D} patently o fensive representations of masturbation or excretory functions.~ 43.22. Obscene Display of Distribution A person conTnits an offense i f he intentionally or knowingly displays or distributes an obscene photograph, drawing, or similar visual representation or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution. (b) An offense under this section is a Class C misdemeanor. 43.23. Con~nercial Obscenity A person conm~i ts an offense i f, knowing the content of the material: (1) he sells, comnercially distributes, commercially exhibits, or possesses for sale, commercial distribution, or comercial exhibition any ooscene material; {2) he presents or directs an obscene play, dance, or performance or participates in that portion of the play, dance, or performance that makes it obscene; or (3) he hi res, employs, or otherwise uses a person under the age of 17 years to achieve any of the purposes set out in Subdivisions (1) and {2) of this subsection. (b) It is an affirmative defense to prosecution under this section that the obscene material was possessed by a person having scientific, educational, governmental, or other similar justification. (c) An offense under this section is a Class B misdemeanor unless committed under Subsection (a){3} of this section, in which event it is a Class A misdemeanor. 43.24. Sale, Distribution, or Display of Harmful Material to Minor (a) For purposes of this section; _,:. 001046 (1) (2) "Minor" means an individual younger than 17 years. "Harmful"material" means material whose dominant theme taken as a whole: (A) appeals to the Prurient interest of a minor, in sex, nuClt/, or excretion; (B) is Datently offensive to prevailing standards in the adult cor~unity as a whole with respect to what is suitable for minors; and ((:) is utterly without redeeming social value for minors. (b) A person con~its an offense if, knowing that the matarial is hanmful: (1) and knowing the person is a minor, he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material; (2) he displays harmful material and is reckless about whether a minor iS present who will be offended or alarmed by the display; or (3) he hireS, employee, or uses a minor to do or accOmPlish or assist in doing or accomolishing any of the acts prohibited in Subsection (b)(1) of (b){2) of this section. (c) It is a defense to orosecution under this section that: {1} the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justifi- cation; or (2) the sale, distribution, or exhibition was to a minor who was accompanied by a consenting parent, guardian, or spouse. (d) An offense under this section is a Class A misdemeanor unless it is c,=itted underof this section in which even= it is a felony of the The preceding has outlined the substantive limitations o~ that which can be found obscene in the State of Texas. The enforcement of those sections of the State Penal Code applying to obscene material is left to the discretion of the District and County Attorneys. The remainder of this r~port will concern the controls that the City may impose to regulate the adult-only industry through land use controls, licensing, an~ measures to assure that minors will not be allowed to purchase or view the display of pornographic material in con~nercial businesses. THE NATIONAL PROBLEM/CITIES Urban areas across the nation are beginning a crackdown on the gr~vth of sex- oriented businesses. Recent public outcries and national exposes have been forcing new evaluations of existing pornography law. This renewed attack on pornography is -5- o o _ partially rounded upon the Supreme Court decision in Young v American Mini Theater. This decision, affirming the City of Detroit's police power ability to zone ad~It entertainment, redefined the standards the community can use to appraise that material which iS found to be adult entertainment and protected by the 1st and 14th Amendments of the U. S. Constitution. The following exerpt from Younq v American Mini Theaters makes clear the Supreme Court view of adult entertainmEnt and zoning: Though the First Amendment protects comrnunication in the area of adult motion pictures from suppression, the State may legitimately use the content of such pictures as the basis for placing theaters exhibiting them in a different classification from other mOtiOn picture theaters for zoning purposes. The City's interest in the present and future character of its neighbOrhoOdS adequately suppo~ the limitation imposed . . . on the place where adult films may be exhibited. As a result of Youno v American Mini Theaters, several cities have initiate~ zoning ordinances similar to Detroit's to control the preli feration of sex industry outlets into incompatible areas of city development~ Kansas City, Missouri and Atlanta, Georgia, are examples of cities recently implementing zoning ordinances to control the adult entertainment industry. These cities have accepted the fact that there is a large market for adult entertainment. By implementing and enforcinq a zoning ordinance to control site location choices to those sites meeting ~ertain minimum requirements, these cities have sanctioned the adult entertainment industry. However, this sanction does not entail a condonation of commercial sex activities outside the control of land use planning activities. The problems with the proliferation of adult businesses in major urban areas are growing, not only in the volume of outlets, but also in new types of adult businesses. Cities that have attempted to use zoning ordinances to define explicitly each controlled adult entertainment business have found that the ordinances are subject to constant update as the adult entertainment industry implements new techniques for the dissemination of its product. The following list illustrates some of the 001048 kinds of pornographic adult businesses that could have a plignting effect upon neighborhood if allowed to gro~ uncontrolled. The list also points to the pr~-~if attempting to define each new adult business. POrnOqraOhiC Adult BusinesSes Adult books totes Adult mini motion picture theater (peep shows) Adult motion picture theaters Artists body painting studios Eating places with adult entertainment Exotic photo studios Lounges and bars, topless Lounges and bars, bottomless Massage parlor Nude theater Nude wrestling parlor As cities strengthen laws dealing with certain listed businesses, new businesses providing the same or similar services have been invented by the industry. For example, in Birmingham, 1 aws governing massage parlors were tightened forcin~ ~ost ts close ~ As a result, shoeshine shops, where you can lie down while getting your sh~ shined and providinq the same service as the massage parlor, were opened. The City . ~s then forced to adopt another ordinance requiring that a person could not lie down to get a shoeshine. Similar situations occurred in Boston when massage parlors we-e under attack. A qu~ck metamorphosis was made of adult entertainment businesses under the guise of sensitivity training parlors, nude wrestling studios and exotic photography centers. These later generation businesses were clearly not massage parlors, even though similar services were offered, and were not subject to the massage parlor ordinances. Two distinctly different zoning techniques have been used to regulate the adult entertel nment industry. They are: The Boston, Massachesetts approach. In lg74 Boston was the first dty in the nation to put its official stamp on the adult entertainn~nt zone. Boston created a special zoning category for adult bookstores, peep -7- O0]u -j shows, x-rated movies and strip joints. This zone was a special overlay dist riot applying to o~ly seven acres of the Ci ty's space. The ore flay zone ned two main purposes: {A) The City wanted to concentrate simil~ adult entgrtainment uses into a single small area; and {B) the City wante~ to prevent the spread of these uses to ot~er areas of the City. The district approach has certain advantages over a case by case zoning aop roach. Specific district boundaries are set and development standards are established. These two items when taken together reduce greatly the administrative cost when compared to a case by case condi- tional or specific use permit requirement. The limited confines of the dis trict boundary reduces the potent! al for new development. The district approach also reduces the opportunity for arbitrary and subjective cisions. The overlay district offers the potential to evaluate the total public service impact of adult uses. The concentration in a single area allows for the review of relative cost and revenues to the City. Police costs will certainly be hi gher, as will related traffic and parking costS. These costs though can be determined. Permits can be required an~ the fees for these can reflect the true costs to the con~nunity. The Detroit, Michigan approach. In 1972 Detroit implemented an ordinance designed primarily to prevent the development of additional "skid-rows'~. It was found that concentrations of various Straight and pornographic uses were generally determinates of the deterioration of surrounding areas. Detroit has two objectives: (A) to separate typical "skid-row" uses from each other; and (B) to keep these same uses separate from residential areas. These objectives lead to a single policy of dispersing "skid- c~w" uses and spreading them throughout the conmnercial and industrial areas of the City. Afteer"skid-row" uses had been determined,' defined and subjected to a conditional permit process, they were allowed in only certain zones of the City and then only in sites meeting certain requirements. These two techniques and adaptations to them are the only methods currently being used to control the location of adult entertainment activities. The Supreme Court in Younq v American Mini Theaters has upheld the approach that Detroit has implemented.. No test has' yet been made of the Boston method of controlling the spread of adult businesses. Recently the Boston "Combat Zone" (the seven acre overlay district) has obtained some notoriety as being a failure, with social and admi nistrati ve costs exceeding a tolerable level. Both Detroit and Boston have chosen land use controls as their primary method of regulating adult businesses. Both use coincidentally a licensing regulation. -8- 001050 Other cities such as Santa Maria, California, have chosen licensing as their primary approach toregulating adult businesses. Licensing approaches have ~ee~ adopted in Order to maintain certain minimum standards at places of adult entertain- merit. The licensing mechanism is designed to regulate entertainment businesses which also provide food, alcoholic beverages or exhibition of the human body. Licensing out)ines required perfon~ance standards and sets fees and required deposits as guarantees of compliance with the standard. ADULT ENTERTAINMENT IN AMARILLO Several businesses in Amarillo cater either wholly or partially to the adult-only market. The attached map, LOCATIOrl OF ADULT ENTERTAINMENT IN AM~[LL~, illustrates the general location of the majority of businesses whose activities include catering to the gdult-only market. A~ the attached map indicates, adult businesses in Amarillo have generally tended to congregate into several areas in a strip fashion along major thoroughfares. The Amarill o Police D~partment in a statistical analysis of street crires (rape, robbery, all assaults, theft from persons, auto burglary, driving under the influence, public intoxication, vandalism and illegal weapons) found that the inci dance of street crimes was Significantly greater around the concentrations cf adult-only businesses than the overall City average. The Police Department went further in thai r analysis and noted that these street crimes were 2-1/2 times the City average in the imrediate vicinity of alcohol only adult businesses,*and l-l/2 times the City average inlnediately surrounding businesses featuring alcohol an~ semi-nude entertainment. In reviewing these facts relattve to crime in the vicinity of adult businesses, the reader should be aware that adult-only establishments, especially alcohol only lounges, have tended to concentrate in several areas while lounges featuring semi-nude entertainment are fewer in number and have tended to sonwhat isolate themselves from other adult-only establishments. 0010 -g_ · t~. 001.052 Outlets for adult-only material in the City include several book stores, stores, grocery stores, etc., with sections of books and magazines feeturin.: and nonexplicit sexual activity. Pornographic publi cations featuring nudity with explicit sexual activity, are available within the City in only seven known loca- tions, thr~e being adult theaters with books, magazines, novelties and peep sno~vs. These are dispersed lineally across the CBD and its fringe. There are also four book stores that devote space to publications featuring pornography with explicit sexual activity. No attempt has been made to locate all activities featuring minimal amounts of pornographic publications. As can be dis cerned from this overview of the extent of pornography distribu- tion within the City, our current problem is not great. However, the foll~vin; paraphrased statement concerning Mason City, Iowa, illustrates the potential for growth of the adult entertainment industry. Between 1963 and 1964 go-go dancers gradually began to appear in the lounges and bars of the town. By 1965 the dancers were topless. In 1973 the City received an application for its first adult moviehouse license. The license was refused {probably by an arbitrary and subjective decision}. The applicant filed a judicial appeal and won the case forcing the City to grant the license. In 1973 an adult book store opened, com;lete with sex novelties and movies. Also in 1973 a popular lounge hired totally nude danc. rs. o?n follow.d su, t. Fi..lly th. City gained its firs s- There is no reason to assume that Amarillo will be exempt from a growth of adult oriented businesses similar to Mason City. The lack of any valid City mechanism to control and regul ate the anti ci pated growth could lead to (a) concentrations of adult entertainment businesses creating a crime incidence condition equal to or greater than the current situati on around concentrations of alcohol only businesses, and (b) a proli feration of adult entertainment businesses in and around residential areas and other family or juvenile Oriente~ activities.. -ll- O01. C POSSIBLE CONTROL MECHANISMS OF ADULT BUSINESSES IN A~tARILLO Adult businesses in Amarillo are comprised of taverns, lounges, lounges wi=n semi-nude entertainment, adult bookstores and adult theaters. Various state local laws currently regulate to certain extents each of these uses. The Texas Liquor Control Act regulates all businesses selling alcoholic beverages, a~ter local option-approval, through a licensing procedure. These same businesses must also be licensed by the City and must conform to zoning and occupancy requirements. Those businesses that feature semi-nude entertainment are also controlled by Penal Code Section 21.07, 21.08, and 43.23 (Public Lewdness, Indecent Exposure, and Commercial Obscenity} and City Ordinance 13.29 (Operation Regulations; grounds for revocation, violations of Dance Establishments). Purveyors of adult printed and celluloid material are controlled only by Penal Code Sections 43.22, 42.23, and 43.24 and general zoning and occupancy requirementS. While the above state and local ordinances work to regulate portions of the adult entertainment industry, they are at best a piecemeal approach. For example, the enforcement of Chapters 21 and 43B, of the Penal Code through the appropriat~ court, is generally a slow and tedious process requiring manp6wer that is not avail- able for this type of low priority victimless crime. The maintenance of the ninimu.-. requirements of the Texas Liquor Control Act and the various local laws regulating the sale of alcoholic beverages are only a means to maintain certain standards of operation in taverns, lounges, etc. The general zoning regulations which currently restrict adult businesses are not designed for the particular land use impacts resulting from the adult businesses. These impacts range from late night hours of operation and resulting noise, traffic, lighting, etc., to increases in crime rates immediately surrounding the businesses. Bypassing the intrinstc limitations of enforcement of the Penal Code, an approach to a more definite control of these businesses is through a strengthening of zoning reg.ulations specifically defined to moderate the land use impact of adult-only 001054 businesses. Coincidentally with the improved zoning regulations, a license and per'nit mechanism can be implemented. This mechanism can set and require c:~clia-c~ with minimum standards of operation for various adult businesses and recover ac or expected expenses incurred in their enforcement through annual permit fees. T-es~ fees can reimPurse the City for the added costs of police patrols, imorove: additional street lighting to reduce accident and crime potential, routine City merit inspection, etc. These measures would generally be applied to all adult-only businesses. infringement upon their constitutional rights would result from compliance with a zoning and licensing mechanism designed tO minimize the land use and Social impacts of adult-only businesses. Zoning regulations specifically designed to restrict adult-only businesses can serve the following purposes: 1. Assure a land use compatability between the adult use and the surrounding land use. 2. Require that certain minimum density standards for adult uses are maintained. 3. Require the amortized termination of those adult uses not currently meeting either or both of the proceeding zoning purposes. Licensing adult-only businesses can serve the following purposes: 1. Maintain a record of business, location, owner, etc. 2. Assure that certain performance requirements are met, such as hours of operation. main(enaoce o( employment standards and compliance with all laws governing material sold or displayed by the business. 3. Provide a method by which the City can recoup any expenditures for public service~ required above the city average exclusive of the licensed business type. Performance standards can include a provision for administrative revocation of an adult business license for any noncompliance with a performance standard. This revocation of license would not necessarily be supported by any conviction or state criminal charge against the license holder. The basis for the ~vocation would be for violation of the performance standards as defined explicitly -13- 001, 5 in the City Code's standards for operations of an adult business. Perfor=anc~ standarcs would of course be required to vary in content relative to controlled adult :us~ness Adult business licenses should not attempt to regulate the land use effect of the use on the neighborhood or con~nunity, but should be utilized to assure pe~fcrm..- ance at a certain standard., to maintain an accurate record of business locations, and to provide fees to the City for services above the average. By maintaining a clear distinction between the requirements of a license and the zoning ordinance the entire control mechanism is strengthened. The preceeding portion of this section has dealt with the regulation of businesses that totally restrict entry, sale, and viewing of products to adults only. Methods to control the ease of view of generally distributed pornographic material are numerous and not detailed explicitly in this report. Briefly though, methods to control the display of this material range from requiring the display to be in separate rooms with an enforceable and enforced restricted admittance, to simply covering the entire publication with an opaque slip cover with the publication's name printed on the cover. The control of the display and sale of pornographic material through a City Ordinance licensing mechanism would work to protect minors from harmful material {Section 43.24} and adults who would be offended by certain displays of pornographic material (Section 43.22) generally available for the public's view. SUi~4ARY AND FINDING The analysis of the impacts of adult-only businesses upon Surrounding land uses indicates that these businesses do have effects that can be distinguished from other uses allowed in like zoning districts. The following identifies two causal factors isolated in this preliminary analysist 1. The Amarillo Police Department!s statistical survey of street crime in the vicinity of adult-only business indicates that crime rates are considerably above the City's average inm~diately surrounding the adult-only businesses analyzed. -1,,- 001056 2. Concentrations of these adult-only activities have detrimental effects unon surrounding residential and conm~ercial activities. These effects are caused by {a} the noise, lighting and traffic generated by the pedestrian and vehicular traffic frequenting thes~ businesses whose primary hours of operation are from late evenine to late night, {b) the increased opportunity for "street crimes"'in areas with high pedestrian traffic, and {c) the tendency to avoid areas where adult businesses {especially pornographic} are establish~. This avoidance and other factors can lead to the deterioration of surrounding cortnercial and residential activities. Other cities have noted these effects of adult-only businesses and have atte~:tgC remedies to the problem. Boston, Massachusetts, has concentrated all adult uses into a single area of the City. Detroit, Michigan, has dispersed adult uses throughout the city to sites that meet certain minimum land use requirements. Both of these cities have adopted zoning ordinances that restrict location choices of adult book stores, theaters, cabarets, etc. Their ordinances are limited to those activities that definitely do not fall under penal code control. The City of Los Angeles study on adult entertainment includes a consideration for the zoning control of other adult oriented activities including massage parlors~ nude modeling studios, a~ult motels, area des, etc. Los Angeles has disregarded the question of legitimacy and has suggested zoning those adult businesses as recognized existing land uses. Detroit has implemented an ordinance which requires that adult entertainment businesses not be located within 500 feet of residentially zoned areas, or within lO00 feet of another regulated use. In Anmrillo, adult uses are currently allowed in general retail and all less restrictive zoning districts. If Amarillo ad~oteZ an ordinance with space requirements between regulated uses and residential zones similar to that of Detroit, the number of potential sites for adult businesses would be severely limited. This method, limiting severely the potential site choices of adult businesses, would probably not be upheld by the Courts. The limitation of site choices would be caused by the narrow con~rercial strip developments less than 500 feet wide a.long most of Amarillo's major throughfares. Also,'this approach would probably tend to concentrate adult activities into the central business district and a few industrial areas. 001,,,-,7 RECOMMEND4TIONS FOR THE CONTROL OF ADULT-ONLY BUSINESSES IN ANA~ILL9 If the Planning and Zoning Commission and City Commission should find from the data presented in this report that there exists sufficient need to control adul:- only businesses and businesses which display generally circulated pornograohic material, the Planning Department would reco~nend the following: A. ~y zoning ordinance a~nd~nts proposed to ~gulate adult businesses should not attempt to define individual activities but should instead regulate the site location choices of all businesses that restrict sale, display or entry based upon a minimum age, and not consider the legitimacy of the use. B. The potential site location choices for adult-only uses should be dispers~ rather than concentrated. This distance should be ~aSu~d radially from property line to property line and should be at least 1,ODD feet. Requirements d~signed to maintain the integrity of residential zones and other a~as where there the~ is considerable traffic in juvenile or fa~ly oriented activities should be adequate for the pu~ose but should not be overly ~strictive. C. Should the City develop a~nd~nts to the Code of Ordinances designed to control the site location choices of adult entertain~nt businesses, it may be desirable to specify an amortized te~nation schedule for any exfstin~ adult business which does not ~et the mtnim~ ~ite location standar~ a~ ~pecified in the Ordi nancy. D. Concur~nt with any zonin~ ~rdinan~e ~vi$ions designed to ~ntml adult uses, a pe~t an~ license ~an~sm should also be ~veloped. )e minim~ openttonal $tandar~ ~cified by the license will va~ accordinV tD the type of business to be ~Vulated. E. ~y zoning ordinance a~nd~nt$ conce~ed with adult businesses should p~vide p~vision~ to ~ulate st~s an~ ~imilar fo~ of adventsing. F. The City Co~ission ~hould encourage a vigorous enforce~nt of the State Penal Code to ~move illegitimate uses. Especially impotent is that portion of the Penal Code which protects minors from all Pornographic material. The City should impose specific amendments to the Code of Ordinances requiring buslnes? publicly displaying generally circulated Pornographic material to prohibit minors, by an enforced physical barrier, from viewing or purchasing pOrnogra;hiC material. If the City Commission, foll~ning a recorrnendation from the Planning and Zoning Con~nission, finds the necessity to control adult-only businesses and the public display of generally circulated pornographic material, all amendments to the Code of Ordinances should be prepared as a total package and'submitted to the Planning and Zoning Commission for preliminary review, before action by the City Comission. The Planning and Zoning Comission review should have the intention of assuring the purpose and continuity of each amendment to the overall goal of regulating these adult businesses and adult material displays. 001 t, a Zoning for the Pornographic Arts, City Devel op~nt Department, August, 1976, Kansas City, MisSouri 2 The A. cases reviewed in depth were: Younq v American Mini Theaters, Inc., 96 S. Ct. 2440 {lg76). This was the Supreme COurt review of the City of Detroit zoning ordinance which regulated {a) the proximity of adult uses to residential zones, {b} the proximity of adult uses to other areas where heavy traffic or concentrations of minors were found and {c) the density of adult businesseS. The Court held that a city has the authority to control the location and density of adult entertain- ment businesses based on its police power right and duty to protect the health, safety and welfare of its citizenry. Miller v California, 93 S. Ct. 2607 (1973). This decision laid down the most recent standard for determining what is obscene. This decision is the basis for the Texas Penal Code Chapter 43, Public Indecency. Smith v United States, 97 S. Ct. 1756 (1977), Paris Adult Theatre I v Slaton, 93 S. Ct. 2629 {1973), and Roth v United States, 77, S. Ct. 1304 {1957). These earlier decisions were reviewed in order to determine the history of restrictions upon 1st Amendment guarantees. This review revealed that in effect the Court is ruling on the controverSial problem of obscenity and state conmnunity standards determining prurient appeal and patent offensivehess on a case by case basis. 3 Amended by Act 1975, 64th Leg., p 372, Ch. 153, | 1, eff. Septe~er 1, lg75. 4 Acts 1973, 63rd Leg.,p 883, Ch. 399, | 1, elf. January 1, 1974. 5 U.S. News & World Report, September 13, lg76, p. 76. 6 Time, April 5. lg76. 00,1060 r:nrch 11, 1976 In recent yc:rs a no'.,' ~p~.cSrlizat],~n in ~ction r.i::turc enter:=in- ~.un.~ }:a.~ ari.~en, the "~dult]:-~nly" film end ~ovie the,~=er, This i~ an ou=~rowth of =he "stag" film which, undcr the FSrs= ;,~nd~en= Cuarantee of frecdc~ cf eypra$zicn, is. now offered op,:n!y %~ all a~ult~ who c~n pay thc ~3 t~ $5 admission price, .l::z ~,-.st c=.'..cs th.- filr-z have little cr no story, ]in~ or plot, T.h~ir cbjc. c~ive is only the= cf being more cr diff~renzly ~hccking, biz;rrr~, or sexu~.!ly explicit t]:~n ~hcir b: ]:nc:~ a~ '~X-rc~cd, nc :rin~rz ~dri~t~d." frr am c:~!anazi~m cf L~o rz~j.m~. sy3to~ end ~o cri~.ria dctc::riDirr~ %.'hlch rating skGuld cppl~, to a [~]v~n fil~,) , :Ti=h =hi:~ have cc,-c thc.-ter.-.. vhich '.hew n~.thin.~ but X--r--tea fi/r.s. 3.-r: .-f tZ-.e::c~ are r::ni-t.":e~=nr~ ccnver~-c- ~p~ca, <,~hcrs ~re cld-~r rc'-'.~~- kcuse-~ ~-:i'aore nuJ. iez:~c fS]:-.--. h;,ve r, ot b.mon v~.ry prof.:.tr.b]e. ~win. .v_r~r-DleF. r,f the latter ;arc: !~ the D.-.~.~.to:..-~ area th.~=~ =hc~ter.~ h~:,e tu~ded tc be in the tb]ch inclu"'c ;;n~.'Z ~%'~rns, .D~.'~i hall.e., p-~c.-~ .-.]:~o:.~.s, .Cult ]c,c~tiJ-n o~: ~l:~;.tcrs ~n thc c~tV.) ~h-~,e sec~ to be ---f ~-~ unc:~. ),a f== ~s :c.ninc i~ cpnccrncd, ~=~ ef s., ..... , . ~n~ the flr] (~'e=rt:poli=~n Ccmr.~rcial) ~cn~n, =onc= which ~:2't:,~;,tcrs ~:r::zf~cd by the zone il, vhich =ire], n=e [,=(~nnra] Co7.'rc. Jc~c3) :~cn2 For~'rn~t'a b:,' c:nl', t}s~: :-5 7roc'v~V ~rr'~ ('~-ZrU~C:] lr~], ':he c=/:.?r ~.'o, =be ]'i<3[:~cr:': nn~ the :':~C:'=Ci';~. rr~ 311 a JiG: (C:OF~IIK] ::'.' ~'L::%in::f;F:) :'r,ne. TI:r.F~C i'l :;~' r.~ri:.'~ %:j'ic~1 [('~" ~,;'t::"ri:Z'~r~'c't~' tho ~riFs 0n0 0 2 City T'l~n~i. ng Ccr~in~icm Zoning Contr~!s fbr Ac~ult-cmly Thc~t~.rn ~'Drch 11, 1976 mcnnity) ?one. Both arn in the crecnvncd nren ~nd t. hcv are the nnl:/thentots in that are~. · It is here, p~rticul~rly ~:ith r~cct to the Ticl[i~ront, that the R~u]ts-cn]V theater is currently udder attack. At .the Ridge:rent, the BC strip i~" 120 feet in del,th frc~ nrecn~.ccd Avnnue on one hide cf nhe stree. t nnd ~0 feet on the ether. The strip is only ~arti~l!~ developed with c~ercial use~. F, crn~s the street an~ north of the theater is a lar~c church, ~nd cn the second bloc}t-end tc ~he south is ~n~thcr large church. ~l~c, across the street and up and dc~,nl Grcen%.,cnd ~re ~F.~rtrcn~ houses. Within a ccu~!~ cf hlorks there are sCathelie church, szhoel, cc.nve~t, and ~ee=img hall/CVm, ~nd ~ public ele~cntnl~ school. There is no question but that the nrea is re~iSenti.-1 in character v,ith considern~le c~h~ni~ cn families with children. On.~ factor that colors the RidC~ront c~.~e is that in the recent past the offer!Des have been ~e~tly family-type fi!~s with ~ttinee~ on weekends. The ad~i~.~icn has been $1.29 for aaults and 59 cenz: for children. There ~'ns considern]:le na=ronage from the neiUh~cr- hos~. It is c!czr that neighborhood objection is to =he new character, the specic!izaticn ~s an aeults-on]L, ~evie house. One sign carried by nci~hL-crn who have ~een picketing the theater reads, "1-Ze ~jan= Fzrily t'cvies Beck." The neaThbets feel thRt ~n ~dult=-cnl7 thuAter is net ~erv~nT n need of the neighborhood but, in.~=eAd, nttracts patrons and th~i: autorcbi]c~ frc~ ~ l~r~e arcs. They fear that ~ore of the ~ecFle A~%racted by this =~'~n nf entert,~!nrent ~y cons;=itute ~ thr~-rt ~o the ccrfert and safety of rc.~!de~t.~, p~r=icularly ~'~ren and children. They fenr that the next 'invcder" nf the neighborhood p,ay be An Adulta-~nly ~co):store. ~ey ~elieve that re.~idential · property values ere being Affected un:avcrably. The ;,o.~iti~n tin:ten in t3:'_'s nnaX~-.-.iz is that the adults-only t4~_r:tcr, the the~ter vhich ~ho,.,~ F-r~cd f]]rm cxclusive.ly'er of t.~c ti~c, i~ o diffcron~ use frrr t:~o th~nt~r which sJ':cws van:loudly rntcd fii~s with all or .t-P~t cf them being rctcd "!.c", cr "R". To o Crcct extent the d/Ktincticn hotweeD' the pe~F~].~ ~:hO v.~.ke, ~]i~tribu=c, Fred she~.' the filD~. AS r.cin=cd cut in the r~:~njr:g porng:'nFh', the n~h:lt~-r,nly fi3~ and theater violence, cri:~e or F, rcf:nltV" c~.n bc cr:~cct~ %n g~ b~y~,nd "texTron ~Ar:cYards cf 6cccnc~'," cs['ccia!l1, those nt.~nd~r~s 000803 City l'l~nnin~ CC~is~i~n Zoning Controls for Adult-Only Theaters ?~rch 1],.!976 DrcDcr for minor.~. This i= what the "X" ratin~ is intended to. sichal. In c~ntra-~t, th~ typical ocneral mQvie theater ~v occasional]}' zho~ an ~-r~ted fi]~,'.but this is net the or exclusive kind offered. An ex,~r~'~le of distribution of ratings ~,~ ~igh= t;,pify the qener~l rcvie theater offerings is the current (Narch'lst) offering. of Sterling tecrcaticn Orcaniz~=icn, a Ccrpany which sce]:.~ to c~tcr to the gener~l ~ublic tns=e. Out ef 17 fi~rs at.nine theaters (no duplicate billings), four X-r~tcd, seven are rated "IV', five are "PG"~ and one .~ho%n~ at Saturday-Sunday ~atinees only is rated "G". /~o=her position is thst the adults-only theater is not ce~Tatib!e with a residential area oriented to fcmi!ies with chi!drcn. The fact zhat people under ~ge 18 are cxc!uded frcm attending and =he fDC= that parents are =Dprehcnsive about havin~ an Ddu/ts-cn!y theater in their nciChborhocd indicate incorDntibility. Probably no one would argue that such a ~hetter ~,'~u!d hav~ a favorable effect cn nearby residenticl va!uas. Co~:..~atibi!itV prc::!er.s st.~x~ largely from the way' .--.uch ef the city 's BC and CG at'ned land lies within the strips fcllo~.'!ng arC=rill streets. Typic:llV, the~e sirills are cn].L, 100+ feet de~ side of the ~:r~e~ and con~aY.n ccn~i:~era~!c reFideDtS.~l devc:lcp- ~nt in=crs~cr~cd ~.:!=h }.usine~s/ccr~arci~l uses. Th~ result . that non-residential u~cs in ~he~e stripz can have c~nsi~ers~!e i~pect cn the ~djcining residential are~. On ~he ether han~, there ~re a fc~c places in the city where BC ~nd CG zoning i~ to =izc=b!e cre~ ~nd chiSd-criemtcS residences are not a char,~ctcrS. ztic use. Thi~ indicat~ =hn= ther~ nhc. uld bc sc~e folxibiSi~y to grant or deny permission for ~n adult~-on!y ~hcatcr. The proposed zoning ~n~rcr, ts (See ~tt~ch~ent D) n'e~k to differ- entiate by ~cfinition ]~e=%-'eeD an ad%,lts-enl:, or X-ra=ec~ theater ~nd Th~ nault=~cnly =h~atc: is al]o'.'cd outright in the ~, C;,', CX'T Zenc~ but i~ ~ade a ccndit!cn~,l use in the c~,er zen~ vhcrc effccZivc. 2= Could beccr.e conferssing upnn a~p]icatien for cnse ~f (]cnjnZ, the adu]=n-~nly =hentot t..'ou]:~ havc =o clcnc Dr convert to ~ I~crritt~a unc s,~.cn the t):eAtr:r ljcenne nhi~. Liccnse~ nr~ n~c trnn~fcr:.}.]c. F~T the ]~idcc~'cn=, lic::n::.~nc tire is no:, ],cone:so zhcrc i~ n ne~.F cs.~cr. A public hc,~rin~ ~n the rc-jiccrsin(~ has ]'.con ~et f~.r ~'~-]'ch 16, Motion Pi=ture Assaciatian of A/'~ltj~:l :~.-- : oooBoa S~AX~A,~D5 fOX ADV~RTZSL"4G !a:icr.-- ~n-~ c:~: ar,d ra~.in~ ~.:,-~_!s t,c~:'~-) ar~ ~_v~il--b!e s~ 0fi0806 000807 Ad~~ -.a! ! Ad=/ral 2 xAp~ls .' . Aurcra Cine=a 1 Aurora Cins=a Aurora ~-~v ~ay -'-~a--=y ' ~if~~- -~':~d~ ...... izl~ F:rs~ S.~ Z P~y 2130 Six'_h 4!2 L~:-'-srd S 3120 ;:E Loca~icn Person or Sterling Rscrea=ion Cr=arjza%ion Co. Sterl!n-~' R-'creaticn Or~anizaticm C~. ~.ple Th-_atra/mc. C~.ner~l Cin~_.a Corp. of General C!me=a Co.-p. of Ker_-:re Drive-L~ Theatre, L~:. Lay ~'~satre, Lnc.. S:er!L-.$ ?.-'crea%icn CrE:niza:ion C~. ):: +~.:E.~.ri-ss, inc. (ch~_-.-:e to P~er H. Forb~_s I.t~.%n Thea:r=s ;:rp. of Ca!Ifo~ia- -- William R. P-oisr H. Fcr~es ~even Oab!~, · Ln:. Marv'-rd Exit, Inc. ;;kiT.or R=ade CrEanizatic~n' Ster!!nE Rmcrs~-:!cn Or=ani:a:i=n ~o. 0n08'3 7!1 Pike !9Z3 !Z.I~ Fif~h 130~ XS 212 5e:cnd . 7th ~ Cli':~ ';jay 1313 Firz~. 6:h & ~nchar~ ~iO UrXv. ray NE Psrscr, cr (not !iceneed) Art ~eatre O~ld, Lnc. Firley & Fi~ey Sterl~ Recreation ~ga~zatlon Co. Roger H. ]:or~and tin=m, Lnc. S:erl!ng R~crsali~n ~Eanlzalicm Co. Par~c':.~ Mor~hvrest, Inc. D~r~Is (not ilcansad ) C'~ti~ & S~Is AberEsen Theatres, Lnc. (ci-~Ee RcE~r H. Forbes, S~arlin~ Racr~a;i~ Crg~za~icn joseph Fox x SterlLng Recrsa~ic ~:a:Icn Co. Terry T. bkited ~ T~e~tra Circ~, L~varsi:y Starlin~ Raar~a=i:n Cr~:a=i:n Tavitac Cc~rz%icn Lice-_sea e'.z=.ire cn :.]o':~.-.~r 3Z~I~- of each }-ear. They are not :r-~rJfera':!e- c.._..:%v, ~ rinim~ b~in~ $75 (21 c=~ea) ~-~ fee varies vi=h (1008.93 Propased Zoo_InK Text (R~_,L~er or Sec:icn 3.21 "T", no c~n~e) OfiOSj~l 4.tRT:CLZ 13C R.'.~<..D .'.FJLTZ?i"' P-~Z:r'~'Cy. ~ ),2D:_D D-Z.'~SZT'.~ Section !3C.Z Principal Ccndi:icnal Uses ~3C. zz No%e: L~ :~.s SC (C~'-":y Business) Zcne, adulta-or. ly rhea=ere .~='u!d be pe_---_i%:sd as a cor.~i:i:mal use under '.he Sec%ion !5,3Z(a) provision ~.-_*- "Drincl;,_! ccr/-i:icr. a! u~es ,~.i:h '_he B~ar~ may au*~borize L~ le.~s in:snsi:'e ;ones at-- psr-_i:ted u~Zess _-:~If!ed im ~-~s Ar~ic!e." ~c=Icn !6.2 (n) 'ZClS !7 .i=n 17.28 27.2! Pr'_~.ci.ca! Uses Fe~Jtta~ O~iEht (:~c.) (t;o c:'~e excel% In Item "f" as logo=s) s~a%in~ ri-2 i~c!udL~ cu:d~cr ice-sX~:ing rL~. The CZ,~ (3Zstrc2:lit~n Ccmercl=l Tec;ormry) Zone in Sot:Ion !TA. Ela .:. 0O08iA Section J8.3 1,~.3a CS GL::?.'LL C:2.?,::".'RC.'AI Principal Conditional Uses The fo!lov.~ng uses pe.,--rd.~tted v. hcn authorized by ~he Hearing L~_rlner Board in accordance ~iuh Article ZS. (No change except add new Item "c" as follows) .,Cc~ Adu.'l.,',r-onlv In the M (}.~nufacturin~-) Zone, ,.he !G (General Industrial) Zone, end the ZH (Hea'ty in=us~ria! ) Zone '.he adu/ts-m~y 'aAeater m%%ed as a ccditi~al use ~-o~h provisits which refer %o ;rlnci- pal cmd!%Iona! uses which ~he Mearin~ ~v!ner =~y au~crize in a less in:shelve zc.ne. I 1 2 3 8 9 1/ 14 16 17 18 19 20 21 22 24 2~ 26 27 2~ THE SUPERICR COURT OF T~E STATE OF ~ASHINGTON FOR KING C~:T'A' vS. CITY OF SEATT,~E, · vs. THE CiTY CT Plalntiffs, DefendshE, GAIETY THEATERS , INC. , Plai.'.Ziff, T~E CITY O? SrATTL-r. ~efen~ant. ../ 845 / · NO. 817 771 ~ / NO. 817 772 before the Honorable Fra.~k :. Eberharter~ Ju~e of Count~ Superior Court, o~ February 9, 1977~ Cause 81~7710 81772 havin~ ~een consoli~ate~ previously this court= plaintiff Apple Theater, Zng., being presen~ ~rcpr~aen=c~ by counsel, Charles E=~ru~= plainElf-as C~ne~=, In~., A.H. Hu$~kin. an~ Gaie=y ThesEers, 0o08- .3 argument, and having. rendered its oral decision in favor ~0 2l of ~/ash~n~ton and defendant Uhl~an Is the Nayo: and t~e other 22 defendln=s ere me..*~bers of the C~ty Ccunci= of said City. 23 3. Sections 3.21, 16.2 and 17.2 of the'Seattle Zoning i Ordinance (16300) were amended ~ Ordinance 10S565, enactc= 24 25 permit adult mockon pieruts =heaters ~nly in 26 .Findings~ Fac= 'onosj.,:": .... 1 3 4 5 6 7 9 .1,~ 11 12 13 14 19 20 21 22 23 24 27 minauion of such theate:s in all o~her zones in the Clty, "An enclosed building used for presenting motion picture films distinguished or ~harac~erized by sn "'Specified Anatomical Areas': "1. Leas than ~:mpletely end opa~uely covered: "(a) Muman genitals, pubiu region, (b) buttock, and (c) female breast below u point i~.%~ediacely shove the top of chc areol&: and "2- Mu~nn male genitals in · d/sceTni~V 4. Set:ion 1~.7 of the Seattle Zonin~ O:din:,-.:~ was amended by Ordinance 105584, enaoted June ?, 1976, :effective on or a~=u= July 7, 1976, to pT~hibi: a~!t p~o~re theaters in the CG (Gone=a1 Co~.~ercial) and a!l 5. Section 5.33 o.~ the Seattle Zonin-~ Ordinan:e was amended by Ordinanoe 10556S to provide ~hat adult which they are looated be discontinued w~thtn ninety (90) 6. The AF~lC Theater is locatea within · C~ (General Cc.,--~ercial) zone. The M~rth~nd Theater Is ]eoa~e~ ~:i=hin a (C~mmun£ty Business] zone. The Rid~em..on~ Theater is also !located within a ~C zone. ~Findings Of Faot and I 2 5 7 16 20 21 22 23 24 ZS 26 7 ,- Each of %he efUreLai~ %heaters display motlo~ pic%~re ~ilms of r_be t~e describea 8mendedbv Ordinance 10SS65. ,xclu~ive}v. 8. The Apple Theater has ~een in motion pictuTu theEfor since September ne~on~rmin~ u~e vic~ its zone on erabout July 19)6. ). The Northen( Theater has been in o~eration adult me=ion p~ture theater t~e 1970. I= became a ~cnccnf~r- use ~ithin its zone on or abou~ June 27, 1976. '~0. The Ridgemen= Then=aT Bas been in ~pera=~on as an 1976. 11. A= =he ~ime of enlc~en= of O:~inanue 1055~5 ~he City of ~ca==l=, ~hir=een (~3) ~on pi~nurts exclusively or aimus: ex~lu=iv~ly. ether three (3) were the ~laintiZfs harein. 12, The tuncope of classifyinq 3dulc ~cicn picture t~ City't e~t~re zoninq sc~me,'c~.prchen~ive pleA, uses ~ch~n the zones ~hure adulC~c~on Fict~es cheaters weft located and within surroundin~ ~n~ a~Jacen= Zones. The ros~ c~ chac study wore as ~ollcws: Findings o: Tact and COrtClUeiO~s oZ .T, aw - 4 ;. OnO8j-6 1 2 3 4 7 9 11 12 14 17 19 20 21 ~2 23 27 (a) Ten (10) of the adult theaters are in areas which included many taverns. pool halls, peep shows, adult boo" stores and like type activity and whioh contained little if strip mainly containing neighborboo· services such as food and clothing stores. dry cleaning and laundry estahlis~.en:=, churches, I library, cares and a' fe~ Mverns. The strip is one-half blook deep on either side of Greenwood Avenue a~ boun_~e~- ~), an extensive rcsieentia! area co=~ose'~ c~ fanil}' residences containing · heavy Concentration of chil=rcn. The Northend Theater is in · Samewhat larger business sir!? con==inin~ si=ilar neigh,~orhood ·n~ co~,~unity service park. Gn~ a playhouse.. (c) The Apple Thea=er ~s 1ocate~ v~Chin a S~i~ ~n the ~ort~st corner of t~e ~lrs= ~11 l~nd u=es w~chin the CG zone are a mixture of recall 0008j. 7 1 2 3 4 6 ID 11 13 17 18 19 2O 2~ both sides h). multiple residence zones of low, high and highest densities. The neiqhb:rh~od contains s number institutional uses such as hospitals and co11eges. The arca does not c:ntain man~ single.family residences, the first neighborhood in which such uses appear in SAy quantity being the Broadway neighborhood =o ~he Nor=hess=. (d| The adult =heaters identified in the stud)' show "X rate=" films altos: ezolusively and limit a~i~s=cn tc 2erscns 18 ),ears of age and older. Films rated "X" identified in the Ccdo of =e~f Regulation of !complo:ely unin=e:ru~=2~ b)' any plot. 'that aaultm~tion picture tmesters be con=ined idiscussed i= s: ~u~lic meetings. and held a publlc {~n a pror-o=od Zoning Ordinancc amendment jointly' with rho 'Findings of Fact she .i .......... onOsis' .... 1 2 ? 4 6 7 8 9 n 12 17 18 19 20 21 22 23 24 25 City Council's cor.~ittee on Flanning and Urban Development, following 8us public notice of said meetings and hearings. At the public hearing, numerous citizens s~oke of their concern of Seattle end of their fears that such theaters would blight that area, attract undesirable transients, 1norease perking and traffic problems, decrease property valucs, increase crime, create a safety hazard to their Children, and interfere their parental responsibilities to ~heir children. No one for or against the Apple Theater. The City Plannin~ ] v f recc~ne,dea that the Zonin~ O=~inanee be h. a vote o 8 to 1, amended to es~abli'sh an a~ult motion picture theater classi- fiescion, con:ins such theaters to metropolitan (~::, CZ: end C}:T zones), s~d phase out noneonformin; uses ~ac. slnst adc.--:in~ the condi=ienal usa approach for other :cnc~ ]pro?c,e~ b)' De?ar~--..en= of Co.-..-*,uni~y I 14, The goals of thc Ci:y's Zoning O:~inancc ~are ~e preserve the character end quality of ]life in the City and to pro:ec~ child:on livin~ in ~co~.-.uni:ies from offensive, ~ehu~jnizin9 an~. ~c~oTa]iz!~? inf!u: 15, The Greenwood co..~munity has been under stu~}. by the iClty since 1954 an~ has been the subject of .Ponsi~.era~.~e ICity and c~unlty' concern end ~lonnin~ to up=fade the ~ual~ty and ~ond~ttons of the *c~unlty: Zt has been the ,recipLcnt of millions of dollars o~ rordard Thrust bond :and drainage systems, street and lighting facilities, end to ~evelop par~s end playgrounds. The Nor~hwes= Greem~oo~ ;leighborhooa within the community was ~osi~ated a 'cri~ical- ~eighborhoo~ by the City in 1971-1972, Curfont ~lans 0n08i9 3 4 7 8 23 24 25 26 27 Co~m~un~t~ Counc~ ~n 1970 o~ 3,000 households ~n · Greenvo~d lfrc~ 11 ~ ~8. Single famil~ rsSiden-,~s c~.,-p:ise~ 8~ of I~C· resi~{n:'ia~ ~se end family :·tree=. Tha: a~OQ1 draw· its child~rcn from e 1/2 mile ~and east o= =he Northend Thee=sT. The children habitual!}' ~.alb ~.~ sch~l; ~o buses are provided. 19.. There Is ~ school bus s~cp ~ooa=ed wise of the intersection of NoTth PSth and Cree~w~o~ Avenue North on 20. Children regularly walk pest ~he Nor~a~end ~nd ~R~dggonE ~ea=~rs in ~h~ir various pursuiEs for ~cmselves ~far =he~r poren:s- 'Findings of r~ct and ~Conclus~o~s ~ Law - 8 1 2 3 ~2 ~,J. 22 23 25 2~ 21. The location o~ adult motion picture theaters has a harmful effect on areas in which they are located; they contribute to the blight of a neighbo;hood. ~ harmful influence on children which is increase~ when those theaters are iocsted in residential areas where chil=rz~ . are lmrgely confined because of their 23- Children learn ~iff~rently than adults,' They are more i=pressionable, msre absorbant, more primitive in responses, less capable of sureenin; out bad info.-m..aticn from their enviror,~ents, and le~s capable of applying reascn:n~ fa£ulties to resolve their conflicts. Children learn ~y modeling. The child's ~or=l values, goals, s=an~cr~ of huron mo~els ~hich ire presented tO him. The neigh~orhoo~ in contribut=s positively Or negatively to a chil~'s sense 'security, order, will-being and growth as s mature, and so:is! h~an being. 24. In raside~tial arias, the chil~ is largely captive ~f the mo~e!a provided by his neighborhood. His most ;~n~ ma=nin;f~l ~onta:= c~mes fr~.~. that neigh~crhoo.a through his asso~lations with h/s family, friends, schools an~ aurrouu~ing neighborhood serviues, The presence ~f a~ult ~e._toO picture theaters in such ~eighborhoods subjects ~he cMld to a =:~cl of c~erc~al exploration of ~; ~y and d~srespe=t for ~ntl~e, respectful and personal relationships in h~an behavior, It Is likely ~reete conflicts with moral and e~i~l s~andards sough: to ibm developed by his parents. iFindi~;S Of Tact and It results, at the manimP.-., in .:-. · ?-<-:- OfiO8ql 3 4 ]8 22 23 24 25 · disinhibition tO engage in similar meaningless, explGitive hostile, apprehensive, rearful,'ooncerned and publioally expressed, both at co~unity .meetings in the nelghborhoo~ and ~ublicheerings on the proposed Zoning'Ordinance amen~.~ents. 26. Adult motion picture theaters are InConsistent uses in residential communities and in business ~is=ri~ts serve them: they de not provide the sort of community business services desired by or sought to be aohleve~ for suc~ and the)' have a degrading and blighting effect on those ities an~ dlstric~..although because of the Apple Theater's 28. The City or Seattle 1See=see under ~hich all theaters withdue limiting the type of motion picture rare 29. ~,~atever c~sts h~ve been expended by the Apple Theleers in improvements to the physical plant or ~efe coatedplated to be ~eft as property of the lessor as a ter of the leases under which these theaters op. ersted. OnOSe2. 4 7 8 ~4 19 ~ 24 3O. The Apele TheateF's u~kg~nsl ~esse ~as for a years. At least ~ive y~ars have since expired from that initial lease in April, 1976 Just prior to adOotln~ ~ =h= :-*~"9 Ur~insnoe amendments an~ While public hearings were 31. The lease far the ep&ra~ion of the Northend is lit.her nonexistent or ~s term~n/ble at will or by ~hort nor. ice by ~he par~ies~ the rental agree~en~ on the program at ~hat theater hett;een A. N. Hushkin and To~alina Productions, Inc., is terminable It will ef either party. 32. The lease for opera=ion OE the Rid~e~ont Theater lindividuall},; that interest has ~oC been as=i~ned to plaintiff premises have been made by the ~esaee. ~thelters wh~ch ~e~ operate An the CAty. !inhibit v~eue:s, deny access to e~hib~ters, restrict distrl- !button, Or ot~en~ise hive any ~tenl'~£can= deterrent effect. on the exhibition Or viewing of adult motion picture 35. The 2onin~ Ordinance smend~ents classify spic~ure theaters by the conCeRt Of vhat ~S ~eing sh~n end these classifications are realenable, net arbitrary capr$cicg$, necessary, and serve c=mpelllng Clt~ 36. The city has a legitimate and c~pelling nnO8 3 1 4 7 10 11 12 neighborAoods and urban life and in protee:in9 its youcA from offensive, dahumanizing and des~ralizing influences. 3?. The City ~as a leaitJana'te interest in plannin~ and regulacin~ the use of property fo~ co~wercial and resideheir! purposes end eny effect on the right o~ Zree speech by the* m~orssaid ordinances is m~nor An relation to the Clty's need: in planning ~or and regulation o~ ~a lo~ac~on o~ uses within the City. 38. The Northend tines, Inc., A.H. ~us~in, an~ Gaiet}. Theenets, lnc., will lnGur no e~onomic ~amage ~y enforcement of the Zoning Ordinance amen~en=s. 3~. A~le T~eater, Inc., w~11 incur no clear econu~: ~gage by enforcement of ~h~ Zoning OrdinAnce amerCe=ca. 40. The tez-~.ination o~ ncnconfmr~ln~ uses within nine=}' (90) days is a reasonable termination period. 14 ]~ ~nca~nb=a of understandin~ by the ordinary person. ~ From the foregoing Findings of ~ac:, the Court 17 the f~lloving: /9 1. The Cour~ ~l ~urisdlc~on of the s~bjecn matter an~ 20 the parties hattie. 2. ~1 of ~e plaln~ffs ~. SUAd~n9 to bring 22 3. Sac=ions 3.21, S.33,' ~6.2, 17.2 a~ 1B.7 of 24 and O~nance 1OSSI4 are zon~ r~ula~Lons ~ac~ed by ~he C~Cy 25 of Ses~zla within ~s &u~hor~zed ~l~ge ~er for ~e of the public health, safety and yellers. 27 4. The aEoreJaid s~ct~ons of the Zoning O=d~nlnce are 20 Irln~lngs o~ Fag= And 'Conclusions of ~aw - 12 - -3a- ofio82,;l- - 27 28 reasonable regulations Of p~ace which fu=ther significant Or significantly inhibit Or deter thu viewing, exhibition Or distribution of adult motion picture tilms and do non 5. Any ef[ec= On freedoms ~f cpeech or expreseicn u~d~r the state of federal constitutions by the aforesaid sectio.-.s of The Zoning Ordinance are incidental only. and are ~usti~icd by the Cit}"a into:eat in plan.'-inq and rcgulat~ng the use of property for commercial end residential ?urpcses,.in prosed-wing the character end qualit~ of its rusi~ential neighhcrhcc~s end urban li~c. end in ~rot~ccing i:a ~cut. cf~enz~ve. dah~-.~niz~ng and demoralizln~ infidel. cos. 6. The tit}' m~y legi tAme=ely use the co.cent of explicit fi!= [are as the basks for paacing such fil~ farc in t di~erent cl=ssi-~ication from othcr motion p~c~rcs. adopted b}, the CAt7 As ~usti~ied hy thl co_--.~ellin~ i~tcres=s o~ ~he Cit~ in c=ntr~li~. protlcc~nS ~n~ prcservin~ the ~an lif~ and ~: not a denial of plaintiffs' rights pro=co=lea un~i= the s~e oz federal ~erbz=ad as/~l~ea to any of pllintiZZs' berlin, and plaSntlffshave not been denied 4~e process of law under the sut~ o= redofeZ 9. Zt is Z~ the C~cy to deCemne whaler Co adop~ a d~pe:sal o: co~conc:=c~on approach to ~o control of locations ~of adult me=ion p~cturt ~helCers; either approach ~s :under the fade:=1 and Zcato const:~tutionB. -Conclusions ol Law - 13 ; -- O OCQ5 3 4 S 6 7 8 9 13 15 16 2~ 22 23 24 26 lZ. Sections 3.21, 5.33, 16.2, 17.2 and 18.7 a~'Cicy 105565 and Ord£n~nce .1055e4 are ~alid a~d ccnstitut$onal cn theAr face arid as applied tc each cf plaAnclffa herein. 12o Judgment should be entered for defendants in each prejudice and wi~h cost2 to defendant and =he =~p©rary Apprcved f~r Entry Only: A=~:My fOE Apple Theater, Inc, i .Fin.~n~e of F~C= an~ 000826 ?we primary methods of r~ ul " businesses via land use regulartons have ~velo~e~ in States: the COnCentration approac,~. as evidenC~ ~y t~ Zone" ~n 8oston~ and the dispersal approach: initially by Detroit· I. Bost_'n AcereaCh In ~oston the "Combat Zone" ~es officially 3st~l~s~c designation of an overlay A~ult Entert~'inment ~ovem:er of LSY~. ?h~ Purpose of tn~ Overlay to create an area in wniC~ aCoitlonel s~eciai uses permitted in d~si~nated Ccmm..,rcial Zones '.hlcn ~,'e permittec~ in t~se zones on a cit,,~ide ~asis The "Combat Zone" had existed unofficially f:r many y~-'s in BoSton. as trio area ia question contaln~. a the "a~ult entertainment" facilities ordinance was adop:eG in r=sponse to c:nc:rn spreading of such uses to neign~o'.-)~ooos facilitating the policing of suc~ activ~t~s businesses to avoid t~em. Under the Boston ordinance, adult ~oo~st~re$ ant "CommerCial entertainment DUSln~,SSeS" ~-~ cOnsi~:rac conditional or for~idqan uses except in t~e Business Entertainment District. Existing "a~ult entertainment" businesses are permittcq tO continue as non-conforming uses, but, if ~isContinue~ for a period of two years: may not b: re-establithed. EStablishment of uses in areas of the city other then t)e =Combat Zone" requires a public ~earing before the Zoning Boare of Appeals. The effectiveness and app,-OpriateneSS of the BOSton aPproaCh is a SubjeCt Of ControverSy. The~e has been some inqication t~at it has resulted in an inCreas~ in crime within the ~istr~ct an~ t~at t~r: is an increase~ vacancy rate in the surrounaing offic2 buildings. Due to complaints Of serious criminal incidents, law enforcement activities have been increased and a number Of liquor licenses in tn~ ar~a .~ave bc:n r~vokad. ~inC~ t~ "Combat Zone" and most of the surrounding area ar~ part' of various rec)e. velopment projects~ however, the area cannot be att~'ioute~ solely "adult entertainment" businesses. change in charact.~r of to the existence of 000844 C C .i r J- i I i AUSTIN CITY COUNCIL MAYOR Frank C. Cooksey MAYOR PRO TEM John TreviKo, Jr. CCUNCIv_ Mark Rose Smoot Carl-Mitchell Sally Shipman George Humphrey Charles E. Urdy ~?/~ City of Austin t CI.'Y MANAGER Jorge Carrasco REPORT ON ADULT ORIEN~=.u DUSINF, SSES IN AUSTIN Prepared By Office of Land Developmenn Services May 19, 1986 I i I This report was prepared by the Special Progr~s Division of the Office of Land Development Services (OLDS), with assistance from otter city ageholes. The following staff members were ~nvolved: Office of Land Development Services James B. Duncan, Director ~ilas Kinch, Acting Deputy Director Marie Gaines, AssIstant Director for Land Use Review Sager A. William~, Jr., Division Planner Dan Drentlaw, Planner I11, Project Manager Kirk Bishop, Planner II Stephen M. SwBnke, Planner I, Primary Contributor Jean Page, Artist II Monica Moten, Drafter !I Sharon McKinney, Senior Administrative Clerk Fletcher E'ubanks, Intern Mike Movar, Intern Mike Major, Intern James K. Parks, Intern Robin Walker, Intern Austin Police Department Jim Everett, Chief of Police Joe Hidrogo, Director of Research and Planning LO. Kevin Behr, Administrative Assistant to the Chief Leslie Sachancwicz, Planner Analyst Galloway Beck, Planner Analyst E. Gay Brown, Administrative Technician II Karen Murray, Senior Administrative Clerk Building Inspection Department James W. Smith, Director Bill Cook, Manager, Neighborhood Conservation Edward Sanchez, Acting Supervisor, General Inspections Terry L. Meadows, Sen~or Inspector, General Inspections L 001062 [ ! 1 1 I. Introduction II. Summary of Existing Research A. Analysis of ~xis~ing Research B. Legal Basis III. Adult Oriented Businesses in Austin A. ~ocation of Existing Businesses B. Evaluation of Adult Business Impacts C. Trade Area Characteristics IV. Conclusions Appendix Page i 2 2 4 6 9 27 35 001063 M~.~ 1 2 4 5 6 7 8 9 l0 11 12 IA~LE OF F_~isting A~u!t Businesses Locations Study Area 1 Control Area 1 Study Area 2 Control Area 2 Study Area 3 Control Area 3 Study Area 4 Control Area 4 Adult Business Trade Area - Southside News Adult Business Trade Area - Cinema West Adult Business Trade Area - Yellow Rose 12 13 14 15 16 17 18 19 28 29 30 00]0b [ I i l I i. ~r~se This report provides the basis for development of an amendment to the Austin zoning ordinance regulating adult businesses. Austin's current adult business zoning ordinance was permanently enjoined from being enforced in January, 1985 when Taurus Enterprises sued over a "Code Violation Notice", issued by the City. The violation occurred because a bookstore was located within 1000 feet of property zoned and used for residential proposes. Existing Research and Legal Basis The first portion of the study exazunes existing research concerning the impact of adult business on crime rates and property values. Results from these s~udies con:ain similar findings - crime rates are higher and property values lower near adult oriented businesses. Despite the negative impacts, regulation of adult businesses oust respec: constitutional rights of owners and patrons. Therefore an overview of pertinent legal and constitutional issues is also provided. Existino Adult Businesses in Austin Austin has 49 adult bookstores, theaters, these businesses are Interstate Highway 35. oriented businesses, consisting primarily of massage parlors, and topless bars. Generally, located in an area between I. amar Boulevard and Analysis of the I.'~acts cf Adult Businesses in Austin An analysis of crime rates w~s conducted by coBra. ring areas with adult businesses (study areas) to areas without adult businesses (control areas). Both control and study areas are circular in shape with a 1,000 foot radius, contain similar land uses, and are in close proximity to one another. Four study areas were defined: two wxth single businesses and two with more than one business. Within the study areas, sex-related crimes ware found to be frDm two to nearly five times the city-wide average. Also, sex-related crime rates were found to be 66% higher in study areas with tw~ adult businesses compared to study areas with only one business. In order to assess the impact of adult businesses on property values. questionnaires ware mailed to 120 real estate a~raisal and lending firma. Eight-eight percent of those responding indicated a belief that an adult bookstore would decrease residential property values wxthin one block, and 59% felt that residential property values would decrease within three blocks. Respondarms based their opinions on several factors. They noted that adult businesses made homes less at'.rac:ive to families, thus l~wer;ng demand and property values. Others stated that the existence of adult businesses leads mortgage ~nderwriters to believe that the ne;gn~orhood is in decline, thus making 95% financing d~fficult. 001.065 L CHA?~ I I NTRODUCT I ON AS iS the case in many large American cities, Austin has witnessed a rapid rise in the number and type of adult entertal~ent businesses over- the past decade. These businesses present a particular problem due, in part, to the m~ral implications associated with such enterprises in the minds of many members of the coz=Tanity. In addition, the proliferation and allege~ detrimental effects of these businesses upon surrounding neig~hborhoods have been the focus of community attention for quite some time. This attention has resulted in numerous requests for the City to regulate adult businesses. The regulation of adult entertainment businesses is a controversial matter. While legal and constitutional bases for municipalities to control the use of land within their jurisdictions in order to protect the "public health, safety, morals, and general welfare of their citizens" has been firmly established, the Supreme C~urt has upheld the right of adult entertainment businesses to operate in the cozmm/nity by virtue of the First and Fourteenth Amendments Of the U.S. Constitution. Resolving conflicts between the legal rights of municipal governments and those of adult business operators and patrons has been a difficult task. Austin enacted a "Sexually Oriented Co~:nercial Establishments Ordinance" on May 22, 1980. This ordinance prohibites adult businesses from being closer than 1,000 feet from a residential use. On October, 25, 1983, a lawsuit was filed attacking the validity of the Ordinance. The lawsuit w~S filed after the Building Inspection DeparTment issued a "Code Violation Notice" for an adult bookstore !ocaced at 8004 Research Blvd. This violation notice ~ras filed because the bookstore was located within 1,000 feet of property zoned and used for residential purposes. The suit disputed the city's assertion of ham to areas zoned and used for residential purposes. On January 10, 1985, a trial was held. Because the court was unable to make a factual finding on the validity of the City's assertion, it permanently enjoined the City from enforcing the ordinance at that · location. The court did not declare the ordinance unconstitutional. However, because of the precendent set by this action, Austin currently lacks an adult business ordinance that can be effectively -enforced. Therefore, it is the purpose of this study to objectively evaluate the impacts of adult entertainment businesses on surrounding neighborhoods and to formlane appropriate regulations based on these findings. 00106o The second portion of ~he study evaluated the impact of adult businesses on real estate values Dy surveylng professional real estate appraisers. Two surveys were conducted. The first surveyed cp:nicns of members of the American Institute of Real Estate Appraisers practicing in 22 metropolitan areas slmi!ar in size to IndianaDciis. The second survey was a 20% random sample of A/REA members dra~ at a national level. In the metropolitan area survey, 78% of those surveyed felt that residential property values would decrease if located within one block of an adult business. The national sun,or generated sinolaf results - 80% of those surveyed felt res~dentia~ property values would decrease if located within a block of an a~.lt business. Los Angeles, California The Department of City Planning for Los Angeles published a report in June, 1977 entitled Study. of the Effects of the Concentration of A~u!t Entertainment Establishments ~n the City of Los Anoe!es. An evaiuatlon of the ~mp. act of adult busxnesses on both cr~me rates and property values was conducted. Crime rates were evaluated by comparing the Hollywood area with the reminder of the city. Hollywood was selected as a study area because of its high concentration of adult businesses. The study focused on the years 1969 to 1975, during which the mznber of adult businesses increased from 11 to 88 estaDlishments. The study 'indicated that prostitution arrests in the Mollywood area were 15 times greater than the city average. Like the Indiana.Dolls report, the ~os Angeles study surveyed real estate appraisers to assess the impact of adult businesses on property values. Over 90% of those surveyed felt ~hat the concentration of adult businesses w~uld decrease the market value of private residences located within 1000 feet of the adult business. Eighty-seven percent indicated that the concentration of adult businesses would decrease the market value of business property located in the vicinity of suc~ establishments. Los Angeles Co%~ty, California In April, 1978, the Department of Regional Planning of the County of Los Angeles Imblished a study entitled Adult Entertainment Study and Pro_Dosed Zoning Ordinance Amendment. In the study, law enforcement o=flcers were surveyed. Responses from the surveys indicated that areas with a concentration of adult businesses have a higher incidence of public intoxication,. theft, assault, disturbing the peace, and sex-related vice. Respondotis indicated that nude bars, modeling studios, and massage parlors caused the rn~st individual problem. 001067 L The plurality opinion for this court case set out ~hree Firs~ Amen~men~ crlterla that ordinances requlating adult enter~aimment businesses ~ust satisfy in order to be Constitutionally upne!d. 1. Regulations must be motivated not because of a distaste for ~he speech i~self, but by a desire to elimlnate its adverse effects. 2. Properly motivated legislation may he unconstitutional if it severey restricts First Amendment rights. - A properly motivated ordinance with only a limited ixmpact on free expression may be unconstitutional if the municipality cannot demonstrate an adequate factual basis for its conclusion that the ordinance will accom~lis~ its object of eliminating the adverse effect of adult businesses . The limitations established by these criteria are best illustrated by analysis ~f the invalidation of Atlanta, Georgia's Adult Entertainment Ordinance This ordinance prohibited adult entertainment businesses from locating within 1,O0O feet of any other such use, within 500 feet of any residential zoning district, or within 500 feet of any church or place used for religious warship. The ordinance also restricted all new adult entertainment businesses to three zoning districts. The Atlanta ordinance further required the amortization of certain existing businesses. Although factual evidence was presented in support of Atlanta's ordinance, the U.S. Supreme Court found that the ordinance violated the first two criteria cited in Youno. The Court first found evidence of an imp. toper motive in enacting Be ordinance. Minutes of a zonlng review board meeting indicated chat the board would help citizens opposed to the conduct of adult businesses to "zone =hem out of business". At the meeting an assistant city attorney indicated that the proposed ordinance was the "strongest vehicle toward elimination" cf Lhese businesses and the city was "hoping for cur~,lete eradicaticn" of adult businesses. The court also found that the 1coatiota! restrictions of the ordinance wauld significantly reduce and posslb!y eliminate public access to adult businesses. The court had ruled in Ycun3 that "pornography zoning" is constitutional only if "the market for this ccrmM~i~y is essentially unrestrained"". The locat~onai restrictions and amortization requirements in Atlanta ware deemed too severe a restriction on the First Amendment rights of adult businesses. 2. Weins:ein, Alan; Regulatino Pornography: Recent Local Trends: (L~nd Use Law; February, 1982;) p.4 3.' Ibid. 4. !bid. p.4 -- s 001.068 L 001069 I 15. Vickie's Massage 16. Silk Lady Massage 17. New Seoui Korean Massage 18. The Casbah 19. The Chateau 2D. Singletons Massage 3004 Guadalupe St. 92 East Ave. 8312 south congress 9401-B South IH-35 9401-B South IH-35 1410 Ulit Topless Clubs and Nude Modeling Studios 1. The Crazy Lady 2. The Doll House 3. The Red Rose 4. Honey's 5. Sugar's 6. The Yellow Rose 7. Ladies of the Eighties 8. Adam~ Nude Modeling Resort 9. French Quarter 10. Burlesque Modeling Studio 11. Pearls Place 3701 North IM35 3615 South Congress 336 East Ben white Blvd. 629 West Ben white Blvd. 404 Highland Mall Blvd. 6528 North Lamar Blvd. 2304 south r~mar Blvd. 1023 Reinli St. 10600 Middle Fiskville Rd. 4912 North IH35 4814 North IH35 B. EVALL]ATION OF ADULT BUSIES IMPACTS In order to develop appropriate recorm~endations for regulating adult businesses, it is essential to assess the impact of such businesses on the neighborhoods T. hat surround them. Research conducted in other cities suggests That-adult businesses have a detrimental effect on the incidence of crime and property value. This report will assess ~he impact of adult businesses in Austin by comparing the incidence of crime in areas surrounding adult businesses to similar areas having no adult businesses and by surveying the opinions of real estate professionals concerning the effect of adult businesses on property values. The methodology used in this research is similar to those used in the Indianapolis, Indiana and Los Angeles, California studies. For a more detailed discusslot of the methodology and results of these studies, see Appendix A. Incidence cf Crime Methodolog'F. The effect of adult businesses on the incidence of crime was measured by collecting crime data for areas with adult businesses (Study Areas) and comparing them to similar areas having no adult businesses (Control Areas). This evaluation focuses on three questions. First, is the incidence of crime, particularly sexually related crime, higher in areas surrounding adult business sites than in similar areas without adult business sites? Second, is the incidence of crime, particularly sexually related crime, higher in areas having more than one adult business than in areas having a slng!e adult business? Finally, how does the incidence of crime in these areas compare to crime rates for the City of Austin as a whole? 001070 _ 9 ( I The highest concentration of adult businesses is located just west of the University of Texas cam, pus along west 29~h Street. Th:s area ~ras considered unsuitable Decause the transient population associated with the University of Texas nught unduly influence the results of the evaluation. The concentration of adult businesses existing in the Central Business district was deemed unsuitable for study due to the lack of residential uses in the area. Three adult businesses are located along IH-35 near its intersection with East 38 1/2 Street. This area was not selected'because a large portion of the Study Area iS occupied by Concordia Lutheran College. and a suitaDle control area with simlar land uses was difficult to define. In order to draw valid ccm~.arisons, the Control Areas were selected according to their proximity and similarity to the Study Areas Four Control Areas were selected for comparison to the four study areas. - 001071 MAP 2 STUDY AREA UUNr: LAND USE LEGEND / { ] SIngle Family I"T ~' ' i Multi Flmily ~ Commercial I 1 Office /° ~ InSultrill ---, I 1 Public \/ /,. t I Park I ] Vacant Lancl A Adult Bulinel8 Site 001072 [ I I I 1 S 0 # MAP 3 CONTROL AREA CS /C -/ SIngle Fieely Multi Fieely Commercial Office Inclustrlll PuOlic Park Vacant Lancl - ,,,-~,,,~, --.. -- ~.3 00107~ 1 f I %? -"-: 0 2o0 T 1,1/ MAP 4 STUDY AREA 2 S SF-3 / / I ~/ LAND USE LEGEND I I ,.SIngle Family I I Office ~ Indultrlll ~ Public I · i Park i I Vaclnt LInd Adult 8u$1nell SIte · ::,;..--,. / / -~-~ ' ~ 00107 f o TION % MAP 5 CONTROL AREA 2 C,c LO · / / ...... GR cZ.-SF- LAND USE ,LEGEND  IF I I Single Family E -" ~-' -q MUlti Family I ..... LR MF I -r-:',;--,- I I Office Industrial Public Park Vacant Land 001075 l = I Fee! MAP 6 STUDY AREA 3 LAND USE LEGEND I -. Single Family ~ Multi Femlly ~ Commercial I I Office ~ Inductrill I I , Perk [ I Vacant Land Adult Suslnem8 Site //'-.< / ~/ ~,.,_ -,//;::;.,./ / r - ,,~ O0,107tE f l ! SF-3 /, MAP 7 CONTROL AREA 3 L C LAND USE LEGEND Single Family Multi Family Commercial Office Industrial PuDlic Park Vacant Lend ',%/~,,~,y --~,-.. - :7 00107 f I MAP 8 STUDY AREA 4 L.R I Jl II, J I I / a,s I I ,, c/, LAND USE LEGEND t' I Single Fomlly "- {" .... I Multi Flmlly ~ Commercial ". I I Office ~ Inductrill ~ PUbliC '- Perk Vieant Lend --~ / A Adult Business Site 00107~ r ! f f ,Z / CS / If. ale In Feel t. 0 200 MAP 9 CONTROL AREA 4 LAND USE'LEGEND r"~ 8In{lie Family I' :~_;-.4 Multi Flmlly rq~TL*"J~'JI Commercial ~ Office [~ Inclustrlll ~ Pul~lI¢ I I Plrk [ .... I Vlcent Lln{:l //.-u/nY',~""~u,~/./',,,' / / .' 001079 Study and Control Area Characteristics. All of the Study and Control Areas were exa~.Ined to identify slm:iarities. They all are circular in shape with a 1000 foot radius, a size of 72.12 acres, and have similar population and land use characteristics. The population characteristics of each area were analyzed using block data from the 1980 Census cf Population and Housing. The results are sunm~rized in Tables 3, 4, 5, .an~ 6. Land use characteristics are suI~aarized in Tables 7, 8, 9 and 10. Table 3 Area 1 Pol2ulation Characteristics Ethnicity Study Control Anglo 69.8 68.0 Black 7.9 10.4 Hispanic 21.5 21.5 Other 0.8 0.1 Age Corm~osition Under 18 11.0 19.6 18 to 64 80.0 72.7 65 and over 9.0 7.5 % O~ner Oc~-upancy 17.5 25.5 Table 4 Area 2 Population Characteristics Et.hnlcity Study Control Amglo 60.9 75.2 Black 4.4 6.2 Hispanic 33.5 18.0 Other 1.2 0.5 Age C~siti~n Under 18 24.0 20.8 18 to 64 62.5 71.2 65 and over 13.5 8.0 Occupancy 34.7 26.7 _. 001080 l f I 1 Single Family Multi-Fanuly Commercial Office Industrial Public Parkland Roads Single Family Multi-Family Cor~ercial Office Indus=rlal Public Parkland vacan= Roads Ta~!e 8 Areas 2 Exis~lng ~and Use (in acres) Study 22.2 1.6 23.2 0.8 1.2 5.1 18.0 Table 9 Areas 3 Existing ~ Use (in acres) Study 19.0 7.2 7.2 0.1 8.0 14 .T Control 24.6 4.7 23.3 2.0 17.5 Control 34.2 9.6 S.6 0.4 8.2 4.2 9.9 - :: 001.081 Analysis of Table 11 reveals a definite pattern concerning sex-related crime rates. Sex related crimes rates in Control Areas are consistently low, ranging from 65% to 88% of the clty-wide average. In contrast, aex rela~ed crime rates in the Study Areas are substantially higher ~han the city-wide average, ranging from 177% to 482% higher. The sex related crime rates for Study Areas 1 and 2, which each contain two adult business sites, are higher than those in Study Areas 3 and 4, which each contain one adult business site. Table 12 consolidates the crime rates for Study Areas 1 and 2 and Study Areas 3 and 4. This analysis indicates that the sex related crime rate in areas having more than one adult business site is 66 percent higher than in areas having only one adult business site. Table 12 Combined Average Annual Crime Rates Part I Crime Rate Sex Related Crime Rate Study Areas 1 & 2 Control Areas 1 & 2 281.42 10.02 193.43 2.35 Study Areas 3 & 4 Control Areas 3 & 4 159.70 6.02 97.44 2.21 Real Estate ImPacts Methodology. In an effort to assess the ix~oacts of adult entertainment businesses on property values in Austin, a survey of the opinions of real estate professionals was conducted. A three-part questionnaire was designed to gauge the opinion of real estate appraisers and lenders in the Austin area regarding the effect that an adult entertainment business would have on surroundi~T property values. The first part asked respondents to indicate the effect of one adult bookstore on residential and conmarcia1 properties located within one block and three blocks of the bookstore. The second part Of the survey asked respandents to guage the effect on residential property values within one block for a variety of con=nercial uses other than an adult bookstore. The third par= of the survey asked questions designed to estimate the degree to which property values are affected by adult businesses, and to establish the basis for the appraisers' opinions. A sample questionnaire is included in Appendix D. Results. The questionnaire was mailed to 120 firms listed in the Scu-,n'western Sell Yellow Pages under "real estate appraisers" and "real estate lenders". The Office of Land Development Services received 54 responses; a response rate of 45 percent. The responses to the questionnaire concerning the effect cf adult businesses on property values are tabulated m Table 13. Table 14 su~r.,.arizes the results of the questionnalre regarding the effect cf other Co~nercial uses on property values. I Table 14 The Effect of Co~vnercial Businesses on Residential Property Values in Austin, Texas Much Somewhat About Somewhat Much Hioher Higher The Same Lower Lower Church 2% 16% 58% 24% Pool Hall -- 2% 39% 45% 14% Welfare Office -- 4% 36% 45% 15% NeighDorhood Tavern -- 9% 38% 34% 21% Record Store -- 26% 61% 11% 2% Medical Office 18% 36% 41% 6% Branch Library 21% 40% 33% 6% Drug Rehabilitation -- 2% 22% 48% 28% Ice Cream Parlor 6% 42% 46% 6% -- Video Game Parlor -- 16%. 53% 31% -- Adult Video Arcade -- 4% 27% 28% 42% Topless Bar .... 19% 23% 58% Massage Parlor -- -- 19% 23% 58% Adult Theater -- -- 23% 21% 56% The survey also asked respondents to indicate ~e effect on residential property values if ~he site was used for something other than an adult bookstore. A~ indicated in Table 14, the majority felt that property values w~uld be higher if the site were used as a medical office or branch library. They indicated That residential property values would be reduced if the site was used as a pool hall, tavern, welfare office, drug rehabilitation center, or another t)~e of adult entertainment business. Causes of Prooer=y value Decline. The real estate professionals were asked to describe the effect of adult businesses on property values in general and ~ basis for their opinions. These questions are important because they help establish why property values are affected by adult businesses.- The respondents based their opinions on several factors. They noted that the type of clientele attracted by adult businesses create concerns among families with children. Several noted =hat residential properties in close proximity to adult business sites are no longer suitable as homes for families with children. This eliminates a large portion of the market, l~wering demand, which in turn decreases the market value of the property. It was also noted that the existence of adult business facilities leads mortgage underwriters to believe that the general neighborhood is in decline. Therefore, they w~uld be less willing to make 90 to 95% financing available for these properties. 001083 26 j- i ,I , ,/ 001084 · . YELLOW ROSE 6528 NO. LAMAR OUt Of TO~ 8U~ll Patrons 3O _ 001085 f f f CONCLUe IONS A. CRIME RATES The results of this study indicate that there can be significant detrimental impacts on neig~bornoods locaeed near adult businesses. An analysis of sex-related crime rates in areas with adult businesses (Study Areas) revealed rates approximately two to five times higher than city-wide averages. Control Areas, which contain no adult businesses but have similar locations and land uses as the Study Areas, were found to have sex related crime rates approximately the same as city-wide rates. Moreover, sex-related crime rates in Study Areas with more than One adult business were found to be 66% higher than Study Areas with one adult business. B. PROPERTY VALUF~ The results of the assessment of the i.m~act of adult businesses on property values suggests that there may be a severe decline in residential property values located within one block of an adult business site. There is an indication, based on the subjective opinions of real estate a~praisers and lenders, that the introduction of an adult business into an area adjacent to family-oriented, owner- occupied residential neighborhoods may precipitate a transition to a more transient, tenter-occupied neighborhood. The results of the survey of a.~praisers and lenders closely parallels the results of a similar survey conducted in Los Angeles, California and nationwide surveys conducted by the Division of Planning in Indianapolis, Indiana. C. TRADE AREAC'iAPA~'./STICS The analysis of the trade area characteristics of the adult business Sites indicates that these businesses draw a substantial portion of their clientele from outside the i.~.diate area in which they are located, and a sizable percentage of their clientele appear to reside outside the Austin area. From a land use standpoint. these businesses exhibit characteristics similar to otter regionally oriented con:nerCial service businesses. D. RECC:'T~-rNDATIONS Zone Districts The analysis of the trade area characteristics of adult businesses revealed that they tended to attract a regional rather than local clientle. This finding suggests that such uses should be restricted to regIonally oriented cor~nercial :one d~str~cta. These districts are usually located along heavily traveled streets such as arterials and interstate h~gnways, and are not normally near single-famIly neighborhoods. Cometrial zone districts that are designed for a regional orientation include OlD, D.."U, C~, CS and CS-1 and to a lesser extent, the GR, L, MI, and LI zone districts. 00].05 f t f 1 I Dispersion of Adult ~usinesses The analysis of sex-related crime rates revealed that when more than one bus~ness was located in a study area, tl~e crime rate ~ts 66% higher. In order to address this potential problem, the regulation of adult businesses Should prohibit their concentration. Presently, the ordinance requires a 1,000 foot (about three city blocks) seperation between adult businesses. This requirement shohld be contirll/ed. Z. POTI~LkL LOCATXC(~S The available use district maps were examined to identify potential locations where new adult entertsnment business w~uld be permitted to establish. Although the available maps do not provide full coverage of the city, the m~st heavily urbanized sections of the city were examzned. The analysis found 4534 parcels of land of various sizes where an adult entertainment business would be permitted as a use by right under the current zoning assigned to these parcels. A~ult entertainment businesses wc~zld be allowed as a conditional use on an additional 3328 parcels. These location~ are located ~hroughout the city and offer extensive sites for the establishment of new adult entertainment business. Permitted locations were found on approximately 110 use district maps, whi~ comprise well over 90% of all maps examine~. The maps will be retained on file in the Office of Land Development Services, 301 West Secor~ Street, Austin, Texas 78767. F. CONCLUSIC~S ln~lementation of the above reco~nended regulations will assure protection of First Amendment rights, and will also allow adult oriented business to operate without adversely affecting the property values and crime rates in surrounding neighborhoods. 00108 Real Estate !m~acts Methcdc!c~. The Indianapolis report also evaluated the impact of aduit Duslnesses on property values. The report approached the evaluat:on from two perspectives. The first approach compared the residentlal property apprecIatIon rates of the Study Areas to those of the Confro! Areas and to a larger geographical area that included the Study and Control Areas. The second approach surveyed professional real estate appraisers to establish a "pest professional opinion" regarding the market effect of adult businesses on surrounding land values. The first part of the evaluation examined three sources in the assessment of residential property appreciation. These sources were: the Indianapolis Residential Multiple Listing Sun~naries of ~ale Metropolitan Indianapolis Board of Realtors; 1980 Census Data: and the annual lending institution statements required by the Federal Home Mortgage Disclosure Act. The second part of the evaluation solicited the oplnions of members of the American Institute of Real Estate Appraisers (AI.~E~). The survey sample wBs drawn at two levels. A 20 percent random sample of AIREA members from across the nation was constructed. A 100 percent sample of professional appraisers with the MA~ (X~em~er Appraisal Institute) designation, who practiced in the 22 Metropolitan Statistical Areas sim/lar in size to Indianapolis, was com~.i!ed. The survey questic~.~a~re was formulated to solicit infor.-.atlon concerning the effort of adult businesses on residential and co~.:neroial property located w~znin one to three blocks cf the business site. Results. The report adopted the following conclusions regardin~ the appreciation of residential propertoes. First, residential properties within the Study Areas apprecxated at only one-half the rate of the Control Areas and one-~hird the r~ze of Center Township (representing the performance of the market : a broader scale). Second, while residential listing activity decl.:.ed 52 percent in the Control Areas and 80 percent in Center T=~snip, in the Study Area listings increased 4 percent. The report f~und that "~wice the expected number of houses were placed on the market at substantially lower prices than would be expected had the Study Area real estate market performed typically for the period of time 1n truestion". The tabulated results of the professional appraiser survey are depicted in Table 1. From these results, the report concluded that: The large majority Of appraisers felt that there is a negative impact on residential and comercial property values within one block of an adult bookstore. The negative imp. act decreased markedly with distance from the adult bookstore. At a distance of three blocks the negative 'i.e..act ~s 3udged by appraisers to be less than half thac when c:r~ared to a discante of one block. 001088 I { { The Indianapolis appraiser survey included a guestion designed to help establish the basis for their opinions regarding the degree to which adult businesses affect property values in general. Almost 90 percent of those responding to the survey provided responses to this guestion. In the national survey, 29 percent saw little or no effect on surrounding property values resulting from adult businesses. They listed as a basis their professional experience; the observation that this use generally occurs in already deteriorated neighOorhoods; and the feeling that the effect of only. one adult business wDuld be inconsequential. One half of the resp~ndents projected a substantial to moderate negative impact on surrounding property values. Their responses were based on the feeling: that adult businesses attract "undesiraJ31es" to the neighborhood; that adult businesses create a bad image of the area; and that this type of use offends the prevailing c~i~.unity attitudes thus discouraging homebuyers and custc3-!e_rs from frequenting the area. Twenty percent of the respondents indicated that the potential impact on surrounding property values was oontingent on other variaJ~les. Many felt the impact would be contingent on the existing property values in the area and the subjective value of area residents. Some felt that development standards controlling facade and signage would determine the degree . of impact, while others indicated that the nature of the existing c~...ercial area and its buffering capacity as the most important factor influencing the impact on surrounding property values. The MSA survey results closely paralleled those of the national survey. Two additional responses are noteworthy. First, some respondents indicating a substantial to moderate negative impact based their opinion on the feeling that such uses precipitate decline and discourage improvements in the area. Second, some respondents felt that the impact on property values was contingent on whether or not it was likely t~at other adult businesses w~uld be attracted to the area. S. LOS ANGEIS~, CALIFORNIA In June, 1977 the DeparTment of City Planning of the City of Los Angeles published a report entitled Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Anoeies. The study includes an evaluation o{ the impact o{ adult businesses on both crime rates and property values. Incidence of Crime Methodology. The City's study evaluated the impact of adult businesses on criminal activity by comparing crime rates in Hollywood to crime rates for the city. Hollywood was selected as a study area because of its high concentration of adult businesses. The study focused on the years 1969 to 1975, during which time adult businesses in HollF~ood proliferated from 11 to 88 establishments. 3s IQCl The second approach of the study used survey questionnaires to subjectively establish the impact of adult businesses on surrounding residential and commercial properties. Two questionnaires were prepared- The first questionnaire was distributed to all members of the American Institute of Real Estate Appraisers having a Los Angeles address and to members of the California A~scciation of Realtors having offices in the vicinity of the Study Areas. The second questionnaire was' distributed to all property owners (other than single fanuly residential) within 500 feet of the Study Areas. The results of these Surveys were supplemented with input from the general public obtained at twD public meetings held in the area. Results. The evaluation found that there was some basis to conclude that the assessed valuation of property within the Study Areas had generally tended to increase at a lesser rate than similar areas having no adult businesses. H~wever, the report noted that in the opinion of the plannlng staff there was insufficient evidence to support the contention that concentrations of adult businesses have been the primary cause of these patterns of change in assessed valuation. The appraiser c/uestionnaire was distributed to 400 real estate professionals with 20 percent responding. The results can be su;~arized as follows: .5. 87.7% felt that the concentration of adult businesses would decrease the market value of business property located in the vicinity of such es=ab!ishments. 67.9% felt that the concentration of adult businesses would decrease the rental value of business property located in the vicinity of such establishments. 59.3% felt that the concentration of adult businesses would decrease the rentability/salability of business property located in the vicinity of such establishments. 72.8% felt that the concentration of adult businesses would decrease the annual income of businesses located'in the vicinity of such esta~lishmenns. Over 90% felt that decrease the market 1000 feet. the concentration of adult businesses would value of private residences located within Over 86% felt that the concentration of adult businesses would decrease the rental value of residential income property located within 1000 feet. A/most 90% felt that the concentration of adult businesses would .decrease the rentability/sala~ili~y of residential property located within 1000 feet. ,, 001.090 A~pendix B TYPES OF CRIMES Part I Crimes Murder Capital Murder Criminal Negligent Homicide/Non-Traffic Criminal Negligent Mom~cide/Traffic Involuntary Manslaughter/Traffic Justified Homicide Sexual A~sault Attempted Sexual A~sault Aggravated Sexual A~sault Attempted Aggravated Sexual A~sault Rape of a Child Attempted Rape of a Child Aggravated Robbery/Deadly wea.~cn Attempted Aggravated Rohbery/Dead!y Weapon Aggravated Robbery by A~sault Rc~ery by Assault Attempted Robbery by_A~sault Attem~.ted Murder Attempted Capital Murder Aggravated A~sault Aggravated A~sault on a Peace Officer Deadly A~sault Serious Injury to a Child Arson with Bodily Injury Burglary of a Residence Attempted Burglary of a Residence Burglary of a N~n-Residence Attempted Burglary of a Non-Residence Theft Burglary of a Vehicle Burglary of a Coin-4Z~erated l. mchine Theft fr~nAuno Theft of Auto Parts Pocket Picking Purse Snatching Shoplifting Theft of Service Theft of Bicycle Theft from Person Attempted Theft Theft of Heavy/x~uipment Theft of Vehicle/Other 001091 I I 1-SF-3 SF-3 SF-3-H MF-2 MF-3 MF-4 MF-5 LO GO CS CS-1 CS-H AVIATICN TOTAZ, Appendix C COMPOSITION OF STJDY & CDNTROLAR~ BY ZONING DISTRICT Area ,One Area Two Area Three Study Control Study Control Study Control 2.92 Area Four Control 18.78 26.97 25.43 22.31 33.26 47.29 22.49 22.39 3.30 2.64 .77 2.32 .94 1.93 1.38 7.88 2.64 .28 4.47 1.45 .57 1.17 2.72 1.02 .43 13.90 15.88 26.54 13.06 10.31 1.21 1.12 .78 .34 .40 .98 .34 7.40 2.27 1.12 .54 .89 .37 3.78 1.72 1.03 13.16 15.4~ 1.00 2.69 3.05 .77 1.E5 3 22.59 22.33 17.65 20.53 14.51 12.74 17.51 1~.34 72.12 72.11 72.12 72.12 72.12 72.12 72.12 72.12 001092 f 1 Store-front church Drug rehabilitation center Pool hall Ice cream parlor welfare office, Video-g~ parlor Neighborhood tavern __ Adult Video Arcade Record store Topless Bar Medical Office Massage parlor Branch Library Adult Theater In general, to what degree do you feel adult entertainment businesses affecn property values? 7) Wl~y do you feel this way? 8) Are you affiliated wi:h a professional real estate appraisal organization? Xf$o, please specify. OFTIONA=: Name ar~ Name of Firm 001,09.3 AREA Z0N t NG CHARACT;RI $TI C$ NEIGHBORHOOD-RELATED COHHUNITY-RELATED Resldentle] Study Area 1. 100I 2. 991; Control Area 1. 100I - 2. 100I - Coral ./Residential S t udy Area 3. 78~ ' 22~ 4. 823; 183; Control Area 3. 813; ~,. 783; 223; Commercial Stucy Area S, 703; 3ol 6. 35t 6St Control Area S · k33;. 573; 6. 363; STUDY SIT~ C0~PARIS0N$ Throu;~out the following analyses, · series of comparisons are made at several different levels of geography: i.e., County/ Police District; CenSus Tract/Census Tract Cluster; a~d Control/ Study Area, LI r~e Area Vnen dealing with trim statistics, the Indianpolls Police Oepertment DiStrict Is used as the largest universe of com- parison. In the case of real estate Informerion, Karlon County Is used as the largest geographic area of comparison. Center T~ship Is also used as a basis of comparison in t/~e analysis of adult entertainant impacts on property values ,id-Slze Area · Intermediate geographic levels used for cemOarison in the 'study were census tracts when study sites were centrally located within their boundaries. Where they were not, those census tracts in p,roxlmlty to the site were Chosen as the basis of comparison. CENSUS TRACTS/TRACT CLUSTEr5 Study/Control Areas 1 2 ~ k 5 6 ~ 3527 3'T~T 3i16 ~ Zk16 35k7 36]2 3k26 3217 3607 3548 3608 Study Areas 3310 3526 3kll 3klk 3607 3216 3601 35k8 3k26 3224 35k9 3538 3225 3226 Sub-Area The COntrol Areas and the Study Areas, as described above, forred the smallasS geograDhic group of the study. These target areas were constituted using the criteria listed in the previous sect]On of this report and data derived for them by aggregating block-lave| or addressed data within a IO00-foot radius of the area centroad. · 1980 CENSUS TRACTS ADi. ILT r~q'r~Tlll~EN'r BUS INB$S F'RI/~E INCIDENCE CRIHE INCIDENCE The Data P rocessing Unit of the Indianapolis Pclice Departmen t performed two c~mputer runs of their "Incidence Files" 1 in August of 1983 at the request of the City DIvision of P|annlng. The re- sultant printouts dill;led all reported incidents to which PO- lice had been dispatched in the Co'ttrot Areas and the Study Areas during the years 1978, 1979, 1980, 1981 and 1982. Data yore assem- bled from these prlntouts on · y~er-=y-yeer, erie-by-area besls Hajor Crimes and Sex-MIlled Crimls, They were then groused by 2 J Sumsty data for the India. spoils Police District Were also assem- bled for major crimes during the years 1978 through 1982. Unfor- tunately, sex-related crimes had not been discreetly assembled for the Police District and study coast r/ants Would not ill or Chair tabulation manually. The purpose of these tabularlens was to identify any possible abnormalities that might have occurred in expected frequency and nature of crime between the ladlane;oils Police District, the Control Areas whl~jt were cholen for thai r similarity to the Study Areas and the Study Areas themselves ;n which adult enter- rainmat establishnets were in c~eretion. As was demonstrated in the previous section, the Study Area loci- clans were chosen ms being representative of existing adult en- tertainmat sites In zoning mix, size of population, age of hous- ing stock and types of adult entertainment services offered In :he area. Excepting the latter, these same criteria were used in the choice of Control sites. Because they were representative, it is possible to ~oeeere Control and Study Areas as Well as fer findings tO other adult entertainment locations ;n the munity. Based on the summitIll of crime, crime rates wire com~utld each Irel using I~M 'Census data el thl I)opuletion constant. The Grime rate statistics portrayed the frequency of trim In each area for each I0,000 of population and/lINd direct c~m- parison of crime impacts betwien the three ereas. The sam tech- nique was used to ccepere the magnitude of sex-related crime in the Control Areas and the Study Areas. T1~e Gr;mes of Criminal Homlc]de, Rape, Robbery, Aggravated Assault, ~s;dence and N~-~sidence Burglar, Larceny ~d Vehicle ~eft are reported ~ a ~chy basis by the Indian- apolis Police hpart~nc as ~]or Cri~s. During the ~eriod of ~h~s s[udy ( 1978 - 1982 ), ~hlrl ~re ]75,796 mjor trims reported in ~he IPD Dis~rlc~ with ~ ennui) high Of 37,220 ~curing in 19~. The crlm race for this yllr wls 792.~ in the police dls~rJc~. This represented an ;norease of 2,115 major crimes over the previous year ~otal and an increase of 6~ ;n the crime rate. The lowest annual total in the study pericxl ( 33,898 ) was reoorted in 198] whiP..h represented a drop of 10~ in the crime race from ~he previous year. IndllMi;olle Police DieMet MaJ~Crlmel/Rate8 1E78-lg12 1411/41.1'1 t¶t~/41.1t llMIeI.tl tlll/etel Rm AMaee Reee ve TelM 14117/1'41.11 YeliililJl 11111tILAi T/'INIIL/I 1111/14.11 IIONeI. II 1111/i?.11 III0Ne0L~! 11711/21711 l?el/~:?lJ1 I?IZ~It.41 12111/711.70 Telei ~ I71,211 8 Over the same period of circe, ~he C~trol Area for this highest nu~er ~currl~g in 1~80 when 1,0~g cri~s were potted. The cri~ rite far ~his year vii 9~2.05 in this ar~a. Th;s is c~lred to t~e I~s~ ~o~al of 912 ~d a trim rl~e of 781.7~ for 1978, ~Is repressted an absolute of 187 cozal ~or Gri~s ~d a ~iffer~t of 21Z in Cha Co~trol A~ea Major Crimes/Rates · 1978-. 1982 ¶171 lltl 1110 ~111 111~ Melee 1/C~t all.&1 I/LIT l/4.1~ f4W~e~ S~'1.21.72 44/17.71 44137.r2 1O(4~,141 AWevale4 Assearl 11/I1~1 ~l/30JO lll/laJII I~/fL3'I 87/31.72 lurelily 1111121.4e ltklNJ0 ze~'r~4JI ~'tr~,/~.ll lwlsl. t~ N~ Raw*' ~ veN~e T~efi 141~'120,11 't'f~14.Ol 110/14.21 13/71.1S Tmsk Ill/?et.Yl 1,~lNlII.Is 1.011/14a*.Oe 1,~i/ISI.I3 1.OS4,11t.a4 TeeN: LIFO elect lO.OOO ~ Aveeels: ~ Durlng the period 1978 - 1982, k,657 major trims were c~emltted in the Study Area. As in the IPD District and the Control Area, the greatest voiwm of major crimes ( 1,103 ) occurred ;n 1980 which had I crime rite of 1,291.~z. The feast number of crimes ;n the study's tim frame was 8~7 in 1978 .hich represented a dlfferenclal in the total humbar of me,lot crimes reported and the rite of crime of -2:)~ and '276,J2 respectively from 1980 Study Alma Major Crimes/Rates= 1978-1 982 11~ tin 111lO teal 11il2 AWe~t~ Vee~e Tetlk H½11OILIO lllllOll~41 t¶QI/IISl.41 13111~4 171/1024.47 Aveella= !Olg. I! Tl~e frequency of trial in the IPD DIstrict, the Control Areas and the Study Areas sh~d ipl:lroximltely the same pitt=m, In each of the areas, the n~lr of N jar crimes increased froin 1978 to 1980 when they peaked, SubseQuent years sh~d frecluency levels bel~ the 1980 high. The average crlme rite figure for the Indlana;mliS Police Depart- rent DIstrict wa~ 7/48.55. The Control Aria hid I rite that wee 137.79 higher than the overall police district, whirill the Study Area was .20~.17 points higher than the Control Area, In other v, ards, pimple living in the Ccmtrol Area of tl~l study ere posed to I major crime rate in their neighborhoods that was higher than Chat of the JPD papafallen general|y, ReSidentS of the Study Area, hHver, were exposed to a major crime rite that wee 2:)S higher than Chic of the Control Area and ~6~ higher than the poliulltlon of t~ IPO DIstrict as i ~le. I0 Major Crime Rate* 1978-1982 t600 1300 1100 ?00 1024,5 14~.1 ./3e.s SO0 1171 1171, 1110 1111 1112 eThl nudemeted kill/me of CHinjell HeeMeldl. PIll/, JqollJlry, AII*IWI!II AIIlidl. 1elideuce leVicry, Nee-Residence Burglary, Lure®o,/end VlhJ,;ll 1'blfle Illf 11e000 POpiltJell. 11 IC is interesting to examine crime rates within the Control and Study Areas in relatic~ to the ]and use characteristics of the Iotaclans in which they occurred. Crime rates P r,vide · b,tee r unqersta~d;ng of actual i ml~act c~ the resident of the ·ram thaA crime frequencies in that they establish · rltio Of trite to each I0,000 of Do~ule- tio~. In this ways they tell us just ho~ vulnerable a neigh- bO~o~ is historically Co crlm within its bound·ties. AREA 2. 1978-1982 ANNUAL AVEKAG[ I~AJQR CRt~ P~TE BY LAND USE Coe~ercia) Coml./Res. Residential Pop.lOre me/Ann. Re PoD./Crime/Ann. Rt. Pop,/Crine/l~n.Rt. 379 2~O 1267 ,~ ilk7 4386 ~ 3075 3. 2828 837 592. 1 592 2159 1173 1087 ~ I067 ~ 807 219 439 4007 1218 831 1365 ~ TSTO' 176e Study 3. 1015 83& 1643 3656 1232 674 ~,~ 668 lo86 ~ 778 Accordingly, we find that this imact Is 7~t higher In dis- trict cmrcJll ire~ of the CGntrol Area thee similar dll- trice coemmrcJal Ireas of the Study Area. HGwever, while the rate Is approximately the sane In the residential areas of bach, the Study Area eJddbitS a crime rate that Is 127t high- er thee the Control Area in Jot·CItes that ere mixed district- cmrclal and residential In nature. 1978-1982 Annual Average Major Crime Rarer*: Selected Areas SO00 4780 4B00 4000 3780 3800 3200 3000 2720 3800 2210 2000 17~0 1600 1280 1000 800 0 3078 107 1091 1761 Tetll AroI ~ell, Oeml. I all. I I Tetll Aral ClIM, Carol./ eel, flea. ~Mtrel A~el Itudy Area · P~r 10.000 Pepuletloe 778 :.~::::.-:::::::::::::: 13 SEX-R~LATED CRIME S Crln~es Of RaDe, Indecent ExPosure, Obscene Conduct, ~ild lestatlon, Adult Molest;atlon and C~rcial Sex ~re segre- gated ~d then agg~gaced fr~ po) i~ pr~n~oucs of total cri~ · - ]9~. A total of 153 sex-re]a~ed was rapetied ~n ~he ~cro] ·re· during chls per~, wi~ I h~gh of 39 having ~gurred in ~979. During ~e sam peril, Are· exDerienud 198 sex-rsJa~ed trims, r~aching · high of ~n 1981. M I II ,ie I 11 GeMm e I · · 1 ~ "- · le · · 18 .... I I · 1 · cammn~ am · I i · e Ill·t/Are~ ks-Related Crk~el/Rateee1971'llll Tm Sex-Related Crime Rate* 1978-1982 es Control Arei Study Area 60 40 35 30 / I / / ,~3.4 / / \ // / / / / / 25 / 20 e/le.T 10 0 1171 1171 1910 1181 1882 · l~e Named=el InitIAte of RIM, IMeceet EzpOlgre. Ol~8cene C~mle=t. Chili MOleIIAfiO~ ACNIt Malemtl~t aM ~o~vt~ercil lea- Per 10,000 Poeul4tloe. 15 Whereas Sex-related crime rates in the Contro~ Areas varied From a low of 19.7 in 1978 to a high of 33.4 in 1979, the Study Areas increased from a low of 22.3 in 1978 to its peak of 60-9 in 1981. The average sex-related crime race in the Control Area was 26,2 over the five year period. The rate in the Study Area was approximately 771 higher than t~is average during the sar~e period of time at ~6.~. COn~aring the crime rate for sex-related crimes by land use categories in the Control and Study Areas, a different paC- tern than chat for major Grime rates emerges. 1~78-1~82 ANNUAL AVER.AGE SEX-RELATED C~II~ R~T~ BY LANO USE Area. Conwnerclal Pop./C ri rues/Alan. Rt. Control 1. Coml./Res. Residential Pop./Crimes/~n. Rt. Pop./Crlmes/A~n. Rt. 37~ Z 11 52~ 7 27 902 9 20 3- 2828 35 2S ~. 2~82 29 2~ 6. 3395 29 17 Study 1. 21~ 5 a~ 1015 38 75 1203 32 53 ~ ~0 63 3656 69 38 1230 31 50 16 # 1978o1982 Annual Average Sex-Related Crime Rateaxe: $electecj Areas ~0 ?S /'0 65 40 38 30 2~ 0 21 20 M ~ Ibre, ~ Tefe/Area b3 ~::;;.'.~..,,:.:,:.:.:. ~:::::~::*::::::::i: .~,.~:~:::::.. ~,.~,:-.::~¥ .... :;:,: ROi, · Pet lO.QQO Po~dltlQ~ t7 ~'herels ma.~or crin~ rates were slmilir in residential areas of t~e Control and S~udy Are·s, ~he C~OI Are· rate ~as s~sCln- ~ally hlg~er ~n district c~rcial areas and I~er in m~xed dls~rlc~ G~rcill/residencial areas. In ~ras~ ~0 ~is, sex=related =ri~ race was ~ifo~ly higher in all land use ca~e- gotlea of the Study Area, r~qlnq fr~ *~t in residential areas to *152~ in dis=ri~t c~rcial/re$idential areas. SUMMARY OF FINDINGS Both the Cohere) and the Study Area experienced · sig- nificantly higher incidence of ~Mjor crimesllO,OOO Dopulacion than the IPD District as a whole, Much of this increase would be expected given their locati~n in ~nerllly older, less affluent ~d ~re p~ulous areIs of the city. It is nt~re difficult co exDlaln the distinctly higher crime rate experienced in the Study Areas as tempered to the Con- trol Area - 1,090.51 versus 88&.Ik. This dicotomf is even m~re apparent in the InsClnca of sex- related crinl rates in the t~o areas. The avera~ sex-related trim rate In the Cmtrol Areas was 26.2. ~e $tu~ Areas had M avera~ race Of I f the sam ratio berNeart the C~ncroi and Study Areas estab- lished for major crime during this period were applied, we would expect a crime rate thaC was 23~ higher - or 32-3 - In the Study Arlls. The actual rate of ~.~ is 771 higher than that of the Coattel Arel md mderscores a distinct departure frem the expected. Not m|y Is the rite substantlally hiker the Study Area, but It ia 1price t~o rite that would hevl expected free the dittrlbutim of crlems germrally in polls. The anNlies deenstra~ed In the conearisen of the Study Area with the general papalallen and the C~ntr~l Area will not, in themel~s, asCiilib I nasal relatimship be~ ~ult Entertain~t BullNile ~d t~ trim rate~ In t~ imdllt~ area lur~mdlng ~ ~ fact ~l ain, hM~r, ~at In ea~ s~slctim of ~ Stu~ Amu ~ere Hult ~tartllnmnt Is offered a sdstmcla!ly blear su-~lated trim p~s~ ~- ~alns o~r the cormpmdine i~lect[ml of the C~cml Area. in whi~ no Hult entertalnmnt IS offend. ~e sm iS t~ regardlne ~ race of mJor trims. In areas ci~osen for their similarities o~her~ise, an obvious difference lles in Che ~resence of ~e Dr ~re ad~lt encer- cain~nt es~ab];Sh~ntS, Ig ;~TNOT[S The Incidence File is · cornDuterized ];sting of all reports ma~e by police ·fear initi·l inveStigatiOn Of an ;ncident to which they were dislD·cched. It, therefore, provides · more reliable indication of crime incidence then the corn- puterized "Police Run" file which logs police disD·tches b·sed on ;re]irnin·ry information on the incidents. Crlmin·l Homicide, Rape, Robbery, AUgrevered Assault, Resi- dence Burglary, Non-Residence Burgl·ry, Larceny end Vehicle Theft. '. ]. R·pe, Indecent Exposure, Obscene Conduct, Child molestation, Aault Molest·teen end Conw~erci·l Sex. $1nce population estimates were not available for each year of the survey. the 1980 Census figures were used bec·use they were the result of an actual enumeration and, falling at the rnld-point of the Survey, they would tend co b·l·nce out popu- lation trends during the five ye·r time Span. Sex-tel·ted crimes are not ]sol·ted and compiled on · routine basis for the IPO District as a whole. A manual compilation of these dst· wee proscribed by the time llmititions of the study. 20 . CRIME IMPACT EY AREA TYPE ADULT OKLAHO~.*~ C!TY OCT 15 !~:: COMkl. OEY, PI,aJltflt~G ENTERTAINMENT BUSINESSES IN INDIANAPOLIS AN ANALYSIS 1984 ADULT ENTERTAINHENT BUSINESSES IN INDIANAPOLI5 AN ANALYSIS Department of Netropolitan Developrent D;vi$ion of Planning February, 198~ FOOTNOTES C? Smith v. ColllSon, 119 CaD A~D 1800 6 P2d (1931); Devanev v. Bd. of Zoning Appeals, 132 Corm. 537, AS Ad2 828 (194b); v. 8d. of Zoninq AdTustmeet, 147 ~e 387, 87 AdZ 670 (195Z). Z. CF AmeriCan Seen Co. V. r~ler. 276 S~2d 65~ (Ky '1955). 3. Cf L~ncoln Trust Co. v. ~;llFa~ 81d~. Cor~., 229 NY 313, 128 NE 209 (1920). Jonas v. Fleming To.,n Bd. & Zoning ed. of Appeals, 5! Ad2d ~73, 38Z NYS 2d 3~ (~th Dep't ~976). 5- I.c. 36-7-~. 6. E~c]id v. AmUlet Realty Co., 272 U.S. 365, k7 S Ct 11k, 71 LEd 303 (1~26). Cf Zahn v. Bd. of Pub. Works, 27k U.S. 325, ~7 S Ct STk, 71L Ed I074 (~927]; an~ Gerle~ v. Fox, 27k U.S. 603, 47 S. Ct. 675, 71L Ed 1228 (1927). 8. Cf Sug. Ct. in Nettow v. Can~rldge (U.5.1~3, ~a S. Ct. ~7, 72 LEd 8~2 (1928). Cf Strutton v. County of Sacramento, 27S, Ca1App 2rid, 7~ Rptr M72 (1~6g~; Trolano v. Zoning Com'n of Town of No. Ereno ford, 155 Conn 265, 2~1AZd 536 (1~67); end, Trust Co of Ch;c~go v. C;ty of Chicago, kO8 III ~1, 96 NE 2rid TO. Of State v. Bessant, 27 Wls~. 2d 537, 135 NldZd 317 (1~65). 11.1bid., and J.O. Construction Co. v. ld. of Adj., 119 NJ Super 140, 290 A2d ~5Z (1972). 12.lbld,, and F~scher v. ee~m;~s:er TWO., 11NJ 19~, 93 A2d 378 (1952). lJ.For I mere c~ffq~|ete dlscuss|on o~ this subject, see Ptethew Bender, IGok Ve Chiptit III, Sections 11.01,11.02 and il.03. lk. Cf ~Zl US 50.96 S Ct 2~0, ~9 LEd 2d 310, reh denied ]7 ~ Ct 1~1 (1~76), rev'd 518 Fld 101k (Bth Clr 1)75), IIl°V SUHNARY AND RECO/~ENDATIONS Outing the past ten years, Indianapolis has experienced a signi- ficant gro~ch in the number and variety of adult entertainment businesses located in its j urisdlctlan./eq adult entertainment business, for the purposes of this study, is an establishment w,;ch primarily features sexually stimulating material or per- formances. AS of mid-lg83 there were sixty-eight such businesses operating in this City. They were located at fOrty-three separate Sites. The proliferatlo~ of these businesses heightened the con~un;ty's awareness of thai r axis tents and resulted In numerous redues ts chat the City control thel r presence. Beyond the moral objections raised by many citizens, it was also alleged that such businesses had a detrimental effect on proOerty values and contributed to high criff~ rates where they were located. The Indianapolis Division of P~anning undertook this study in July of 1983. Of the existing adult entertainment sites, the study examined six representative locations ( the Study Area ) and the presence - or lack thereof - of certain relevant condi- tions the rein. It then tampa red these sites ~ith six physically similar locations ( the Control Area ) cantlining no ad~lt en- tertainment business. Both groups of sites were cm~ared with the City as a whole. Because of thai r importance to the public welfare of the comwJn- Sty, the study examined the factors of crime incidence during :he pe rlod 1778 o 1982 and real estate value appreciation from 1979 - 1982. In support of limited real estate data on a small area level, the Clty collaborated with Indiana '~.iversity in a national survey of rail istitl ipDraisers Co develop a '~est pro- fessional opinion" el to the effect of adult entertainment busi- nesses on surrounding reel eatlee ValUeS, AS discussed In ADpondix III of this report, call lid his firmly established the legal end constitutional basis for cent rol of the use of land ulthln this r jurlsdictlen by states and munlcipalltles ;n order to safeguard **the public health, sirIcy, eraIs and eral welfare of their citizens'· The *'public welfare", in this context, embraces the Itabiilzatlen of property valUel and promotion of delltibia hoere surroundings, On the other hand, case l w hal also upheld the right of this business sector to c~erate ;n the cc~weunlty under the First and Fourteenth k~end- meqCs of the Constitution. In'eStabllshing an emOiric base to determine v/~ether controls were warranted' in order to direct the Iotaelan of these businesses, analyses of the datl ihowed: - The average major crime rate ( i.e., crimes Oar 10,000 po;ulation ) ;n the IPD District was 7~,8.55, the Control Area 886.3~0 and the Study Area 10g0.Si./~ajor crimes oc- curred in areas of the study that contained least on adult entertainment establishment at a rate ch higher than the ' similar areas studied not businesses a~Igher than the Police District at I arge. Although it was Imosslble to obtain a discrete rate for sex-related crimes at the police district level, ~t was possible to comicare rates between the Control Areas and the Study Areas. The average sex-related crime rate in the Control Areas over the flve year aperlo while that rate for the Study Areas w ~ If the ratio of sex-related crimes was the same is that estabilshed for major crimes between the Control Area and the Study Area, however, we would expect a sex-~elated crime rate of ~ 3- The actual rate of ~6.4 is 77t hiqh- er than that of the Control Areas rather than the 23t; that woula I}e expected and indicates the presence of abnormal influences in the Study Areas. - Close examination of trim statistics within the Study Areas indicate a direct correlation between crime and the residentla ractar of the neighborhood. Crime frecluen- dent''' 're" o, the ,tudy a ...-----_,, - At the same tim, sex-related crlmes occurr(~_f~l~ more frequently wlthin residential neighborhoods having at least one adult entertainment business than in neigh- borhoods having s substantially district-related c~mmr- cial make-up having adult entertalnment. Although the housing base within the Study Areas was of a distinctly higher value than that of the Control Areas, its value appreciated at only one-half the rate of the Control Arease end one-third the rate of Canter Tewnsnlp as a NMle during the period 1979 - i~82. Pressures within the Study Areas caused the reel estate market within their boundaries to perfore in a manner con- trary tO that within the Control Areas, Center Takeship ty. In I tins when the market saw a decrease stings, listings within the Study Arias actu- a noreased slightly. Ii As a result, twice is many houses ~ere Placed oe the market at substantially lo~,er prices than would be exileteed had the Study Area's market performance been typical for the period of time in questlee. x_.v~e great majority of ep~reisers (7~1) who reapceded to s tienil survey of certified real estate appraisers felt that an adult books tore located within one block would hive a negative effect on the value of both residential (80~) and cuw~e~citt (72~) properties. SO~ of these respondants fores~ an eta ee~re~iatl~ in excess of 10~. At a distance of three blocks, the great n~jority of resDoe- dents (71~) felt that the impact of an adult bookstore fell off sharply so that the impact was negliglble o6 both residentlsl (64t) and C~nm~rclll (77l). At the same time, it appears that the residual effect of such a use was greater for residential than for c~emerclal properties. In answer tO I survey question regarding the impact of an adult bookstore off property values generally, SOt felt that there would be a subltantlal-toemodarate negative impact, 301 little or no impact, and 20~ sa~ the effect as being dependent on factors such as the pred~lnent values (proHrty and social) existing in tM neighborh~, the develoDmnt standares ;mOos- ad ~ the use, and the ebill ty of ~ existing cmrcial to buffer the ;~act fr~ other uses. while the statistics assempled and analyzed in this study should not be construed Is proving that adult businesses cause the negative im- paCtS illuminated norsin, an obvious variable in each instance of parisoff is.their presence. cfllfil rates - partlcular]y Chose thtt are sex°related o sh~ substantial deviation from normal rates for ~opulatiu.. Analysis or rl&l estate llstinqs and sales sho~ a neca- t'Tvely abnormal performance of the reel attire maPice in areis where IgUIt In LslLatnm~t IS Offered. In ~h;e l'ttSr till, the bile !:offel juegement ·vailable indlcates ov~nmhelmingly that adult enter- Ta~nwll~S DUIinIIIll - even a relatively callire use Such as In adult Dog~catorl - hlv~ · serious needtire effect on their i n~mdiata envlo Cofflequlntlys it would seem reasonable and prudent that the City ercise its zoning poker to regulate the locidoff of adult entertain- m/nt businesses so that they operate in areas of the con~unity that. ~hlle lociliable te their patrons, arl ylt locited in dlltrlcts that are least Ilkely te injure the ~neral welfare cf residents. IT IS, THEREFOr, PECO/qJ"/HDED: THAT ADULT ENTERTAINlENT BUSINESSES BE ALL0~,/ED TO lOCATE IN AP/A$ THAT AP/PREDOHINANTLY ZONED FOR DISTRICT-ORIENTED CON/'tERClAL ENTERPRISES - I, ar..t, C/, OR HOPE INTENSE USE CATEGORIES. THAT NO ADULT ENTERTAINPENT BUSINESS BE ALLOWED TO LOCATE IN AREAS THAT ARE PPEDOHINANTLY ZONED FOR NEIGHBORHOOD- ORIENTED C0/'~RClAL ENTERPRISES o I. E., C3 OR LESS INTEN- SIVE USE CATEGORIES. THAT EACH LOCATION REQUIRE A SPECIAL EXCEPTION WHICH, ANONG OTHER CONSIDERATIONS, WOULD REQUIRE APPROPRIATE DEVELOPHENT STNCDARDS DESIGNED TO BUFFER AND PROTECT ADJACENT PROPERTY VALUES. THAT THESE USES NOT BE ALLOViD TO LOCATE VITHIN SO0 FEET OF A PESI DENTIAL, SCHOOL, CHURCH OR PARK PROPER'f'Y UNE NOR WITHIN SOD FEET OF AN ESTAJLISHED HISTORIC AREA. SUHHARy AND RECO/'~ENDATi ONS INDIANA UNIVERSITY l~viv~.n o( Reses~ I~: ProSessionLl ieai brats Appraisers Indians University, School Ot BusinesS, Oirlst~n of lessarch Please help us In this bFist utIm~al survey. rne i~otuatlou provided vtZ~. help clarify an Important question, lead the ~ol~al into~t~ s~ut hypothe~Ica~ neilhborh~ and rasped co shv ~uesti~s in tens o~ your professional emergence sad Jud~nt, A middle income residential nstlhborhood borders s Men street that contains various commercial activities sex'dnl the nslihborhosl, Taste is s ~ldtq chat was recently vacated by s Mrdva~ stars sad ~ o~n sho~ly as a~ ad~lt bookstore. ~ere ere no other adult ~okstorts or s~hr acti~ties $n ~he area. ~,re is us o~e: ~uuc cmsrclsl s~ce presently sveabls ia the nei8h~rh~. Please indicate your s~meers to questtoni 1 throuih ~ 2J~ the bhaks provided, usinl the scale & thr~ul~ G. Decrease 20I or sets Decrease sere than Decrease tree O to Increase frm 0 to lucresee ~e ~ ZOX ~c Sue ~ 2OX h~gee 20Z or m:e property witttXn on,_m_m bX~ of the bookstore to be s~feccedt 2) Roy vould you expect the aversIs vLtnss of the CO~CZAL property within on_.~block of thl sduett bookstore to be affectmelt Novwould you expect the average values of IZ~Dl2rtYJJ, lrraperty located three biockS [rms the bookstore to be s~fsctedY 4)-HEM ~uld yon expect the average vainss of the COIelZaCZAL property three blocks from the Idle bookstore to be effeetsdY SU/~ARY AND RrCO/~ENDATIONS During the past ten years, Indiahal>oils has experienced a signi- ficant grawth in the nuttier and variety of adult entertainment businesses located in its .iurisdlctlon. A~ adult entertainment business, for the purposes of this study, is in establishment wnlch primarily features sexually stimulating material or per- forminces. As of mtd°1983 there were sixty-eight such businesses operating in this City. They were located at forty-three separate s ites. The prollferetlo, of these businesses heightened the c~unlty's awareness of their existence and resulted In numerous requests that the Ca ty control thelr presmqcl. Beyond the moral ob.iect~ons raised by many citizens, It was also alleged that such businesses had a detrimental effect on property values a~d contributed to high crime rates where they were located. The Indianal~olls O;vislon of Planning undertook this study in July of I~83. Of the exlstlng adult entertalnmant sites, the study examined six representative locations ( the Study Area and the presence o or lack thereof o of certain relevant cio~s therein. It then cc~!}ared these sites with six physically similar TacitIons ( the C~ntrol Area ) contalnlng no adult en- tertainment businesS. Both groul~s of sites were campared with the C~ty as a whole. Because of their importance to the I~ublic welfare of the coff~un- icy, the study examined the factors of crime incidence during :he period 1,a78 ° 1~382 and real estate value ap=reciat~ from 1979 * 1982, In su=port of 1iralead real estate data ~ a area level, the City collaborated with Indt~l ~versiCy in a nat/~al survey of reed estate appraisers to de~l~ a '~est pro- fessi~al o;inl~' Is t~ the effect of adult entertllnmnt busi- nesses m surromding reel eatlee As diseased In ~dix III of this ~;ort, case IN his flmly establilMa the leMl and cmscltutl~/l basis for ;metal of the use of l~d wl~In their ]urlsdictlm by states ed ~lcl~llltSes in orNr to sir, guard "the ~11~ health, safety, mrsis Md eral ~lflre of their citizens'· ~e "public ~lflre', In this c~cext, eraraMS tM It&illzltlm of pr~erCy veils md the prst;~ of desirable h~ surr~ndlngs. ~ the other hand, case I~ has also u;MId tN right of this business sector to ~rate in the cm~lty ruder the First ~d Fourteenth ~nd- mqts of tN ~Stltutim. In establishing ~ emlric base to detemlne ~ether c~crols ~re warrMted' in order tO direct the Iocat;~ of these businesses, ~alyses of the date shMd: T~OLE OF CDNT~ht'5 SUH~ARY AND RECO,'~IENDATION$ INTRODUCTION STUDY/,~TNOD$ CRIHE INCIDENCE P~JOR CRIHE$ SEX-RELATED CRI~ CRI~ I~ACT BY A~A ~AL ESTATE I ~ACT PROFESSI~AL ~P~I$~ 0F I~AC~ 20~ NATIONAL SURVEY 100t ~A SURVEY APPF. NDI Cl E$ Io AKEA HAP$ II. SURVEY OF APPRAISERS I I I. LAND USE CONTROL Or ADULT ENTERTAINPINT 1 2 8 9 15 Z2 27 32 33 I-I I1'1 II1'1 INTRODUCTION As is the case in most large cities, Indianapolis has experienced a raged gr~th in the mumbe r end variety of adult entertainment businesses over the pest ten years. AS Of June, 1~83 there were Sixty-eight such businesSeS located s~ngly and in clusters through- out Hari o~ County. For the purpose of this study, the term "adult entertainmeMt buSi- neSS" is a general term utilized to collectively designate busi- nesses which primarily feature sexually stimulating material and/ or performances. These non-excluSively include adult bookstores, adult cabarets, adult drive-in theaters, adult men1 motion picture theaters and arcades, adult entertainment arcades and adult ser- vice establishments. These enterprises have posed a particular problem dul, in bert, Co the moral i mbl;cations actindent upon Such businesses in the minds of many members of the carryunity. While this is, perhaps, the view . of the majority, case l w on the subject has clearly established that the exclusion of such businesses from a comaunity is a~ in- frlngement of Fi rat Aa~andment rights. The prolifaration of such businesses providing various forme of adult entertainment in Nat- ion County has exacerbated this dileme and given rise to addition- al charges of negative impacts on neighborhoods in proximity to their location, Th rough the use of thee r zoning pc~,~er, cities have within the past half century di rotted the physical ~r~vth of cOffinunities in order co assure a harmon io0js blend of land uses which foster the general welfare of the population, This p~ver has been applied more recent- ly Co adult entertainment businesses in many co~nunlties and has Served aS a prime m~l of cmtrolling possible negative i~acts ~ neigh~rhoNs, This study was undertaken to examine these alleged negative impacts with the purlmse of eq)irlcally establishing, to the extent poss- ible, their existence or non-existence as ~ll as their real di- mensions In Indianapolis, The possible relationships betw¢en these i m bates end the land use characteristics of the sites In which they are offered w¢ra also examined to as=ertain whether certain land use cl/ssl fiteel one were better suited than others for the Iota° tion of adult entertainment businesses. /'~THODOLOGy STUDY P'ZTHODS AS descHbed belc~v, the study methodology employs the comparison of different land erees in IndianapoliS. The tw~ b4slc areas of c~mParlsQn are Study Areas and Control Areas. They are distin- guished by the existence of adult entertainment establiShments within their boundaries ( the Study Areas ) Or the absence there* of ( the C~ntrol Arias ). These two designeti~qS are further differentiated as to the gen- era] purpose or emphasis of the lend uses they contain. Those tl~at generally serve the i~r~djatlly Surround;rig residential uses are termed "Neighborhood-Related" while those that c~ntain uses meant to serve · breeder geographic ares are designated "Con~un- ; tV- Re ) ·ted". STUOY SiTE LOCATICN$ At the time of the study*s inception, there were at least forty- three p~ssible, distinct sites in Indianapolis where adult enter- tainment was offered either singly or in clusters of establish- ments. For manageabillty purposes, it was decided to select six of these sites that were r~presenteCive. In choosing these subject catlens (as wqll] Is the ContrOl Areas of the study).the determinant characteristics were thai r zoning mix, population size and the relative age of housing stock. In each case, adult entertainment was offered during the time span of the study. The selection process was addltloneily based on the number Of tablishments located In · given neighborhood, whether it was resi- dential ;n nature and therefore neighborhe=d-related, or contained a significant portion of Its laid use in regional, cae~erciel uses which made it cm~unity-releted. The desi scion '~eighborhood-Relsted' was applied where a prepon- derance ~nTS~ or more ] of the area within 1000 feet of the site was zaned DI through DI2 ( residential dvelling district clessifl- catlens ) and the c~,,.,rclel areas vere neighborhood-related - prin- cipally C3 ( · neighborhood commercial classification ). Special Use dllignltionl were 'udgad to be neighborhood-related or not on an individual basis. SUI tchurch) & $U2 (sChool), for example, ,ere judged to be generally neighborhood-related. "Co~e~un;ty-R41ated'* areas were described IS still whirl I signifi- cant proportion (JOt or n~re) of the z~nlng within the TO00-feot radius was C4 ( Community-Regional Coewnerciei ) or more intense end the Special USes wlthln the boundaries ~ere of a ccmeunity-~lde ture, SU6.(h~SplC/I) and SU21 (cemetery) ~ereJudged, therefore, to be related to the tee·sanity gentrally, wlth}n These ~wo broad Ciasslflcations, slx locations were chosen. Two of them kate.situated in residential settingS, ~ in re- gi~al-cmrci/I sectings and ~o In areas Chat fell in between, ~. e., areas that had a high percenCa~ of residen~ial z~ing also c~cained a certain p~orti~ of regi~ally oriented ~rC~a] Z~/ng. ~ese six I~ati~s betare the STudy Areas this inveStlgat~. (Cf. ~Hndlx i) AREA Z0N I NG CHAP.~CTERI STI C$ STUDY AREAS SITE , Residehole] 1.S~Jl East 38th St. Z.3155 East IOth St, Coml o/Res i def~t i el J.3555 west 16th 4.2101 ~. Vashlngtm C~rcla) S- 6116 E. Wash X ngcm 6.~1-63 N. K~ySC~. CHARACTERISTICS ResldenTia| Coff~erciel ~eclel O~82.t C1"7t ~$UI"JI C3-8t OSe7St C]-2kt $UaJ-I~ Pe~ks C~-22t ~ J C3-3T SlJ~e171 C2"~1 I1U"!2t C3"301 12U..,135 C5"4Ot Of the Tw~ sites ChOsen In ~esldentlet areas, one rentalhad an adult bc:cksTore (A~Oilo Adult looks, Skit East Jath St.~ end i message perlor(Eve's Gain of Mlexltl~, SkZg East 38th St.) ~t other ~sid~,Cill I~tl~ c~tained M adult mvle house (Rivoli ~eiter, 3155 hat IOth St.) ~d I c~!ess bar. (T~-~ Cl~, ~01 East 10~ St.) One of the c~emerclel/residentlal er~as had a toniass bar within its boundaries (Blue/4.cn Saloon, 2101 West Washingtan), while the other harbored the White Frmt Bar which featured tagless dancing (3535 West 16th St,) The two coemlrclel areas chosen were in the sixty-one hundred block of East Washington St. end the forCyofour hundred block of ~rtlt Keystone, ~ firsl site cancelfled tw~ adult blxlk- stores (leodarn Art laokstore at 6118 end Adult Arcade at &122) and a message parlor (Spanish Iqoon at 6116.) The North Keystone location c~ntained four IMIIIgI parlors (Other World, k4kl, Olemnd's ~gell..4~5, Pleasure Palace, ilk61, and Tom end C~unTry. 4kGJ), Two e~lult beckscores (Video World, k447 and Adult Dockstore. 4475) Is well es · topless lounge (Devil's Six areas were also selected to serve as control sites for the stucly. These sites were Chosen c~ the basis of their proximate ]ocatio~ to the Study Areas (or thee r Iocatlcn on major thor- oughfares in areas physically similar in location and types of devetopment). size of poDu]atlon and zon'ing GharaCteristlcs. None con ta~ned adult entertainment businesses, Selection was also made so tfiat two Of the Sites were in predominantly resi- dential areas, two in coerercial areas and two in areas that contained a significant mix of residential and regicnai com- merci al zoning. T~ese six sites became t~e Control Areas of the study, (of. A~pendix I.) AREA ZONING CHARACTERISTICS CONTROL AREAS $IT~ Residential 1.2300 west 10th St. 2.2500 East 1Oth St. Coml./Residential 3,5~2Q E, washington ~.2600 i. ~ashingCan Commercial 5.5200 M. Keyst~e 6.750 N. Shadeland CHARACTERISTICS ReSidential Coe~ercial Special OSe82t Cl-~t C3'1~t DS'8Ot C2-125 C3'8t D8~101 D5'351 C1'2t SU!'31 1:2"1I SU2"3t C5"131 C7"8t D2"TT Cl"~t 111J~10~ O/~a2t C3-9t OS-1St C5-25t D7,',65 C7-20t C$-2~ O2-3t C~*~gt $U1-15I Parks IHPACT BY AREA T'fPE ;s ic will be noted, sample size poses a distinct Problem when attempting analysis ·t the small area level. This is D·rtlcuo Zarly true in the instance of mortgage information. Dge to t.~is inadeauacy. it is impass;Pie Co compare the i~act of a~uIc entertainment businesses on resiCentiel property value belo~ a certain level of geography. This is noC the case, however, with crime statistics. In Chls case ic is possible tO compare SuP-areas o f the target areas Since the COff~,DIr~SOnS · re based on the actual instance o f crime ;n the area ( u~l;ke mortgage data where average value is the basis of comparison.) The sub-area Comparisons were based on the nature of the areas in rel·cic~q to their land use compasSclan is determined by the Comprehensive General Lend Use Plan of ~ir/on County. Pour su=- areas were of · diStlnct redlone1 conrner=ial nature, f~r yore residential in nature and four were of a mixed residenCiil- c~rcial ~keuD. The three grOuplngswere compared with each other to clotermine ;f crime, from · historical view;:~int, occurred m~re freeuent- ly in ·teas of one )~nd use canf]guracion chart another. Whether or not crime freduencies, It least in part, are deter- mined by the land use characteristics in which they were cam* rnit:ea ;·nn~t De =ef;nitlvely answered here. Savetel striking patti rns do emerge from the comparison. however. tRINE FREQUENCIES 8Y AREA TYPE Of the 9,82) major Crimes comicted in the Control and Study Areas during lg78 - I)82, 27I were perpetrated in regional com- mercial areas. ~I~ in mixed cotm~erc~a]-residentiII areas end k2~ in predominantly residential arees, In other wordSt crime fred~encles wore 5~$ higher in residenClel areas thin clel Ireis while mixed ce. rewercial°residenttal ereas Nero higher Chin c~rcill Irles. The following table displays minor cruise frequencies for the five year period by type of area, the existence or non-exlso tahoe of edglt entertainment ~qd specific location. Scuay Area NOo KeyStone [. ~as~ingCon ContrOl Area NO, Shadeland No, KeVstone Mixed Res./Coml. Stuay Area W. WaShingtOn West 16th St. 1~78 ~79 1~8o ~gE~ ~82 Tot. 83 71 112 87 86 ~3~ IS0 152 202 186 lkI 831 ~ '~T ~ 2'2'2'2'2'2'2~T~ 1270 38 kl 3~ ~3 8~ 2k0 212 217 210 ~ 2~ 11k7 ~ ~ 2'TZr;' 302 ~ ~ 26~7 ~23 18~ ~0 ~85 ~52 83k ~77 128 lkO I0~ lOk 653 Control Area W. WmshingCOn I10 182 211 18~ 1S0 837 E. Washington 160 151 130 13~ 12~ 705 3'Tr 3z3 Resldent~al 3029 ~tudy Area Eamtl0th St. 21~ 23S 29~ 2~2 2~2 1232 East.38th St. 115 111 16~ 127 150 668 Control Aria East 10tn St. ~est 10tn St. 211 23~ Z6~ 210 2k3 1173 181 200 2~k 260 182 ~067 27~ T~e Dottern was slmllmr in comarison of the freduency Qf sex- related crime within the three areas during the same period of time. It was ~rl prmoenced, h~ever. Fiftyel NrCMt of the total ~curred In ~l[dmntlel m~vir~mntS, while thirty-e~gh~ percent occurred In mixed comrclal-residentlai areas. In c~' Darls~e ~ly ele~n perc~t Of the total occurred In diS- trict mr~lml areas, The foible/rig tm=le displays sex-related crime fre~uencles for the five year period by type of area, the existMoo or non'exis- tence of adult entertainment and the indlv;dual locations inclu- ded in the Study, 22 SEX-RELATED CRIME FREQUENCY 1978 1975 1980 1981 198.___~2 Tot. SZstrict Cor,r~ercTal 5tucy Area No. Keystone E. washington Control Area N~. S~adeland - 2 2 ?.oo Keystone I 3 1 I 1 7 T mixed Res/Coml. 37 ~tuCy Area V. Vlshington S 10 12 8 3 38 Vest 16 St. I Control Area V. Vashlngt~ 3 8 11 8 5 35 E. WashingtOn k 10 3 8 ~ ~ Resident~el 134 5tucly Area East T0th St. 12 18 1~ 17 8 69 East 38ch St. I S b 10 11 31 Control Area ~ast 10t~ St. 11 13 7 7 II &9 west 10th St. ~ S . 6 S 9 29 These trends arl not easily exDlalned on the basis that '~her$ t~ere are more people there will be more crinw."Comunlty-rela- ted ccxr,,erCi$1 er$$s draw clientele from a broad geograDhlc area and can be expected to attract many times the residential DOOU- latiOe~ Of the immediately surrounding area. This is the purpose of the district cu.,.,rclal z~nlng des.lgnation. Further, the trans- ient neturl of this popularjan could be cons;dared to contribute to the incidence of certain crimes. 23 Commercial Sludy Control Residence/ CommercIII Study Control Major Crimes / 1978-1982, Selected Areas 2657 1270 1387 1481 1542 Residemill ,~tuc~y Control ~ 1900 ~ 2240 2000 3000 4000 6000 Zk ' Sex-Related Crimes / 1978-1982, Selected Areas Study Control Resiclentlll/ Commerciel Study Control 28 Residential Study Control o AO I O0 I 8,0 200 2SO 300 SUH/~ARY OF FINDINGS There appears to be · strong correlation between crime frequency and the residential character of nelgh~orhoocts, i.e., the more residential the nature of the neighborhood, the greater is the instance of crime in that neighborhood. Crime frequencies v,ere, in fact, flfCy-six portent higher in residential areas thee dis- trict coe~erClal areas. The above correlation is even more acute when cansiderlng sex- related crams. Sex-related crlrnes occurred four times more fre- quently in substantially residential malleus havi~g one or more adult entertalnnmnt businesses than In cmnercial environments hay;rig one or more such businesses. 26 REAL ESTATE I ~PACT REAL ESTATE IMPACTS This study also undertook the Quantificatlon of possible effects of the proximity of adult entertainment businesses on the value of residential properties within a one thousand Foot radius of their locations, In examining the potential impacts, three sources of residential property values were investigated: I.e., Indianapolis Residential Multiple Listing Summr;el (HLS) of the Metropolitan Indianapolis Board of Realtors, the 1~80 Census (tract and block occupied, single-unit housing valuation data); and, annual lending lnstituo tlon statements under the Federal Hc~te Mortgage 0isciosure Act (MDA). Sum~lry data from the ML$ were available over the p~riod 1979 - 1982. while actual mortgage values reported by lending insticutlo~s were available for the period 1977 - 1~82. The U.S. Bureau of the Census provides h{:x~l~wner eltl&ltes of boast value I~ the tl~ of the 1~80 Census (April 1, 1180). The date Ivlillbll front Shill three sources differ In other ways. The 1980 Census, ~hlle relying on homeowner estimates of the worth of property, IS I IO0 percent survey and Is described down to the block level. Honl Mortgage Disclosure Act dill provide a record of actual mortgages processed Ind reported by local lenders (only a portion of the total volume). The 1owest geographic level st which this infonwltion If available Is the Census Tract and, even at this level, at tins polel i difficulty with the available sample size. Multiple LIsting $mrlel generally reflect an estl- n~lte of worth baled on current market conditions for the area and can be assembled at virtually iny geographic level since they are Illted' by addrill. AI in the till of the Nortgage Dlsclolure Act stltemantl, h~wever, there irl It times probiems with the suffi- clency of the sample size at the small area level. Each of the data lets prlll~qtl I~e,I w~aknollel. Although the 1980 Census ~etly reflects en estimate of housing value at one point In tins it hal the idvlntlgl of being I iO0 portent survey of occupied, single-unit hogging. The other two sources offer tIN series data over Flriodl of four end five years. They hove the liability, hew- ever,.of mtlNI licking I sufficient sample size at the small eros level !n any given mr to ellwan acceptable level of statis- tical confidence. Due to these cheractorlltlcl of the data, certain modlflcatio~l ~ra made In the studYes original Intent. Rather than doing annual cO~rlNns of housing value. IS79 was chosen as the c~mporlson year and the 1980 Census data sit chosen due tO the ability to sumnarize ]t at +the coMntye tract and block level. Z7 ,¸ The geograDhlc levels of cacnD·rison were the Eounty as a whole, the Census Tract or Tract cluster in which the Study or Control Are·swats located and the areas within · IOOO-foot radius of the Study and Control location centraidS. A next step wll to usa the dl tl ivllllble on r~ll estl te activity In the multiple LIsting Sum·ties to establish ,arket performance between 1919 and 1982 In both the Control end Study Areas ~ The results were compared to real estate activity In the residential market of Center Tobmlhip which. In terms of value and general housing condition. met closely resembles the two areas among the nine Marion County t~wnshlpl. COMPARISON RESULTS AVERAGE mORTGAGE VALUES - 1979 marion County1 $ 41,854 Control Arced Study Are·s Tr·ct/Tr·ct Clusters! $ 31,858 $ 28,003 [ Tract/Tract Clusterl2 ] [ 27.872 ] ~ [ 21,609 ] 1000-Foot R/dlusI 23,721 24,616 [ i000-root Padlus3 ] [ 16,038 ] [ 23.823 ] l. Source: 1980 Census. Source: Ham mortgage Disclosure Act Statements. Source: ResidentIll multiple LIsting $uemslriel. Comparison of the 1~80 Census data ~muld Indicate that the valve of housing In the arms addressed in this study ira from 40 to 73 percent bali,, the herleo C~nty Iv~rlge..blhlle the artriga value of housing It the census tract level uel losehat higher in the census tracts in welch the Control Arus were Iouted then those in which the Study Areel were locicod ($31,858 ve. $28,003), the oDpolitl ,eel true ~ coiNring the SiritS ireal themelves. Housing values within 1000 flit of adult entertainment businesses In the Study ArMS were greater (lithough by I lesser margin) than 2 ! chose In the Control Areel (S2&,616 us. $ 3,72 ). ' , Vhlreas the sample size Is sufficient In most years to provide acceptable confidence levels for ,errgage averages, the simile is only. marginally amptable In 1~81 and 1982 for the C~ntrol ArM. This finding is borne out by an examination of actua) n~rtgageS executed within the affected census tracts of the Cantle) and Study Areis, Is we)] as real estate listlngs at the i000-foot level. Using mortgag~ Ind reel estate listing ~ata we find thee, while c~nsjsCent with the Census date findings, the d~sper~ties were more acute. Average m~rtgages et the tract level w, re $27,872 vs. S21,605 In the Control end Study ~rei tract clusters respectively. At the IOOO-fo~t level, real estate listing values In trim C~tra[ Areas ~ropped tO $16,0]8 while Study Aria l~$tin~s [ncrelse~ by appraxiNteiy 10 ~rclnt over the m~ragl ~rtglge value In the tract clusters of the Study Arel. It would appear that, while property values at the tract cluster level/re appreciably higher surrounding the Control Aries, housing within the Study Areas themselves is, On the average, of distinct)y higher velum than heusing stock in the COntrol Arias. TiME SERIES ANALYSIS RESULTS During the period 1979 through 1982, mortgages processed In the Control Areas of the study shewed an average innull appreciation rate of *24.7 percent. During the same tlme frame, m~rtgages appreciated at in average annual rate of only *6.7 percent In the Study Aria. In comparison, relldantlal mortgigee In Canter Toewho ship appreciated at a ,lE.7 percent average annual cite for the perl~. 1979 ' 1982 Control APeaT Study Aru1 Center Tm,qsh/p2 1979-1982 1979 1980 1981 1982 $16,038 $21,687 $22,650 $28,&20 + 77I 23,823 25,~32 30,96~ )O,O)O + 16,i00 17,178 18.gO) 25,099 l,$~urce:lndlanapolls Mul tiple LIstings for Residential Prop. 2.Source:Heme 14oregage Disclosure Act Statements, 29 I0~,~ ,/ HORTGAGE VALUES Change From Base Year Center Townsh;~ ,,~tudy Area -25' 1979 1980 1981 i 1982 Im/AL ESTATE LISTINGS Cha. qe From ease Year (1979) Center TomshiD Study Area Control Are& The average value of mortgages from It79 to ]982 in Center Town* ship increased by 56 Percent whlie Control Ares values increased by 77 percent and the Study Area by 26 percent. RESIDENTIAL REAL ESTATE ACTIVITY I979 - 1982 Control Are· ListlngsI Study Are· Listings1 28 Center To~mshlp Mortgages2 898 I. Source: 2. Source: 1979 ~980 1981 1982 S Change 29 23 15 15 - 52I 28 26 29 + kt 635 377 182 - 80~ Indpls. Multiple Listings, Residential Properties. Home Mortgage DIsclosure Act St·cements. Beth Center Townshlp and the Control Area followed general market trends in the volume of real estate activity, falling by 80 per- cent and 52 percent, respectively, from 1979 to 1982. Once ·gain, the Study Area performed in ·n atypical fashion, actually regis- terlng a slight increase in volume (~ percant) over the same period. CONCLUSIONS ~n;le bearing in mind the above-mentioned difficulties in certain cases with the sample size at the sub-are· level, the following observations may be made on analysis of the data. A comp·rlson of residential real estate 1;stings indicates that the arees chosen In Chit study which have adult entertainment establllMmntl within Chair boundaries have, on the average, · residential housing base of substantially higher value than that located in the arms chosen Is control sitel, Despite the higher value of housing stock in the Study Are·s, Droparty values appreciated ·t only one-half C~e rite of the Con- trol Area ·nd at ONethird the rate of Center Township ·s · whole. Another anomaly epparent In analysis of real estate actIv1 ty within ~he three ere·S IS that market forces within the Study Areas were present which caused real estate activity within ICl boundaries to rue'mleCely contrary to County, Tokmshlp ·rid Control Aria trends. 31 In Summary, the available data indicate thac twice the expected nurneer of houses were placed on the market at substantially loN- er prices than would be expected had the Study Area read estate market performed typically for the period of tim in question. APPRAISER SURVEY PROFESSIONAL APPRAISAL OF INPACTS Because of th~ great numUer of variables that have the Potent;a1 to cause a particular real estate market to perform crrat;caJly at a small area level, it was decided to solicit a "best available professional Opinion" from real estate apprai,sers regarding the market effect of adult entertainment businesses on proximate land values. The Indianapolls Division of Planning approached the Indiana Un;verslty School of BusineSs~ Division of Research ~Or meals- tahoe ;n polling the reel estate appraisal conmjnity on the sub- ject. The University proposed that the survey be national ;n scope and offered to design end pretest the survey instrument. Dr. Jeffrey Fisher of the UnlverSlty'S School of Real Estate collaborated in draft;rig the instrument end conducted the ini- t;al test at a korkshop In early September. Analysis of this pretesC andleered :he need for minor adjustments to the Form. In its final format, the instrument (Of. Appendix II ) peslted a hypothetlcel middle income, residential neighborhood in which an adult bookstore was about to locate. ReSpondenOs were asked to numerically rate the ieqgact of this business on both residenclal end coff~ercial property values within one block end three blocks of the store. They were also asked to rate I num- ber of potential other uses es to whether they would increase or decrease property values. Finlily. survey particlpan~s were asked cO express what they generally felt the effect of adult bookstores was on property vlluas. The survey sample was dra~n et tm levelS. Using the membership of the American Institute of Rill Estate AppraiSers as the sur- vey universe, a eweflay percent ranckxe semle of members was constructed for the entire nation. In addition, HAl (Hembar Appraisers Institute) members who practiced ;n 22 Netropolltan Statistical Areas1 (MSAI - Is defined by the U. S. Bureau of the Census) of I size similar to Indianapolis ware surveyed at the one hundred Nrcent level. In January of 198k, 1527 questiOnnarleS ~ere mailed. As of February 22, 507 (33t) had been returned. These returns ware Split evenly between the 2Ot (249 peturns) and lOOt (2SR returns) seeoles. In the nailanal sample the rate of return by geographic region2 wee fairly consistent; East,41 - 271i; North Central, 56 - 28t; South, 8g * 25t; and, Vest, 6J - 24t.Paturn rates from the lOOt/qSA survey varied from 14t from Newark. N. J. to 62t from Cleweland, NATIONAL SURVEY RESULTS Survey respondfines overwhelmingly (80~) felt thac an adult book- score located i'n the hypothetical naighborhaod described would have a negative impact on rls;dentlal property values of premi- ses located within ~ne block of the site. Of these. 21~ felt that the proplrty value would decrease in ex~ss of 20I, ~lll resp~denCs sw no resulting ~gl in resident/a] pr~erty val- ues. Seventy-two percent of the respondants also fill that there would be a decrlmental effect on cmrclel property values el the same one block radius. 0nly 101, ha, ever, felt that the effect would exceed 20t of worth with the majority (625) seeing · tt to 20t decrease In value. 28~ of the survey predicted t~at there would be no negative affect. while the great majority of appraisers felt that the effect of an adult boc)kstorl on property within one block of the site would decrease progerry valuel, they felt that this Impact fell off sharply as the distance from the site Increased, At · distance of three bier. ks, only 36~ of the respondants felt Chat there would be m negative impact on residential proC~rCles. ,mereas Set feJt that there would be no impact at all. Better than three°fourths (771) of the survey say nO Impact On comer- cial property at this distance. in su~m~ry: The greet majority of appraisers who responded to this sur- vey felt that there IS a negative impact on residential and commercial property values within one block of an adult bookstore. This negative |mpact dissipates markedly as the distance from the site Increases, so that at three blocks the elil- ute of negative Impact decreases by more than one half Jldged by the number of respcmdents indicating negative Impact at three blocks. The majority of respondInca felt ~het the negative impact of ah adult bewakstore is slightly greater for residential proberiles than for commercial properties and decreases less dramatically with distance for relideacls. RESIDENTIAL PROPERTY AT ONE BLOCK 2 · 2~+ ]1' 1- Neg. 2~ 10 No Chg. CONHERCIAL PROPERTY AT ONE BLOCK RESIDEtZTIAL PRDP£RTY AT T~REE BLOCKS 20 10 Chg. CO~[RCTAL PROPERTY AT T~REE 3LOCKS 100 - 36 Resp~dencs ~re also ·sked to evaluate the l~act c~ residfint~·l property wlChin c~e block of a number of alte~·te uses for che hypothetical site described in the survey. Of the alternate uses proGosld, · clear majority felt Chat · mdi- ca1 office or a branch llbrary would increase the val~e of sur- rounding residential property. A Store-front church, v~lfare fice, tave rn,./ecord score, icl cream per]or or video-game parlor were generally felt to neither improve nor decrease resideerie] property values Significantly. On the other hand, · suUSCantial majority felt that a pool hall, drug rehabilitlc~on center or · disco would decrease property values -a}chough not as Ove rwhe]m- ingly as an adult bookstore, NATIONAL SURVEY OF APPRAISERS Impact On Residential ProperZles Land Us~ Value HIgher L~eer Nuch Some Sm Som~ Nu,ch, Score-front church 5T 20S 581 16% Pool hall It 85 ~5~ 38~ Welfare office 12S ~&t 33S Neighborhood tavtrn 2t 18t ~St 32I Record store 8t 27~ &It Pedica$ offlee Zkt 381 3St 2t - Drug rehab Center ' 7~ iS] ~2~ Ice cream parlor 15~ 30~ 531 3~ ' Video-game parlor I$ 18~ 50S 27~ O~sco - II~ k25 3St Branch library 24~ 34t 38~ 4t )7'. The survey also asked the degree to which adult bookstores affect property values generally and the basis for this opinion. T.venty-nlne percent of those expressing an opinion Saw little or no effect as the result of adult bookstores on surrounding proberry values. They based this opinion on their aM1 professlegal expe r- ~ence (lit), the observation that this use usually occurs in an a|ready-daterlorated neighborhood (2k~) end the feeling that only one such adult entertainment use would be inconsequential. A subscanCiel-to-rroderate negative impact was projected by SOt of the reSpondantS. Twenty-nine percent flit that this was be- cause ;c attracted "undeslrablest' to the neighborhoods in ~hich they were located, while lkt felt that it creates · bad ]Nge of the area and 1St felt that the use offended perveiling camun- ity attitudes so that h~rl buyerS/customers would be discouraged. 131 based that r opinion on professional exDeriencl. A number of survey respondanti (20~) san the potential imPact on a neighborhoN as being contingent on certain variables. 28t of these felt that it would depend on the existing property val- ues in the area as well as the subjective values of its resi- dents. 23t felt that development standards such as facade and slgnage would determine impact end 115 sew the nature of the ex- lsting co~mrclal ares and Its buffering capacity el being most important. 100 - I N pACT 0N VALUES * ' " ' " ' " ' ** " None/ Subst/ Cont. little Pd=d. 38 '¸ NATIONAL SURVEY O~ APPRAISERS fmg&ct Of Adult 8oc~kstores o~ PraDer~y Values 100~ HSA SURVEY RESULTS The TO0~ survey of P~etropo]itan Statistical Areas similar ;n size Co In~ianaDolis produced results that were Gonsistent in virtually ell respects with the results of the 20~ national survey. As in the nationwide survey, respondants oveMelmingly (78~)In- diG·ted that an adult bookstore w~uld hive · negatlv~ effect cn residential property values in the neighborhoocl described if they were within one block of the premises. I~ felt that this depreci- ation would be in excess of 20J, whereas 5~ foresaw a decrease in value Of frOm I~ tO 20~. Sixty-nine percent saw a similar decrease in c~emercial property values within one block of the adult bookstore. As In the national survey, far fewer (only 10~) felt that a devaluatlon of over would occur. The majority (5)~) saw the depreciation as being in · the l~ to 20t range. One! ·gain, the negative impact observed within a one block radius of the adult bookstore fell off sharply k/~en the distance was creased to three blocks - although, ~udgld m the number of those indicating no I malts, there would appear to be more of a residual effect en residential properties than on cmrclal properties. Jgt of the appraisers felt that a negative impact ~n residential properties would still obtain at three blocks from the lice. Only thre~ percent felt that this Impact would be in excess of twenty percent. The remaining 36I felt that depreciation ~ould be some- where in the one to twenty percent range. 61t saw no appreciable effect at all at three blocks. Coffee re;a] proHrty was judged to be negatively impacted at three bloCKS by 2J~ Of the survey. 76~ sea no change In value as a re- suit of the bookstore. In sum~ery: - Ae}praisers assigned a negative value to an adult bookstore located within one block of residential and ceenmrclal pro- parties at an ae~proxinmte three-to-me r/tie. - ACa three block distance, this ratio tended to be reversed. The number of thcee indlclting I decrease In value It three blocks decreased at mly me half the rate for residential property es for cammrclal property. I~PACT 0r ADULT BOOKSTORES ~i R,E:SIDE;ITIAL R ROPE RTY AT ONE BLOCK ,, ,,,-2o~. ~//////////~ ,. ,~.,o, ~//'//////////////~ ~,=,, .,, !II!!~Ii~IH ~l~l~llli~lllllillllllll IIII1,1111111111,,11~il !111111i1111 t o 20 ko 60 8o I~PACT Or ADULT ~OOKSTORES 0~ C0t~ERCIAL PROPERTIES AT ~r~E 9LOCK Decrease)2~_ " .. ,,.,o, ~2 I~',~ACT OF ADULT BOOKSTORES ON RES IDSt,ITIAL PROI~[RTY ?,T THp, Er BLOCKS .~. % ~ e 4~e>20~ ,, ,~. ,o~//////~,~//~ 60 IHPACT OF ADULT BOOKSTOI'~S ON COmmERCIAL PROPERTY AT TI,f~E[ BLOCKS Dec ~eas~)20~ '* 11~'20,.,~ .. ~ 0 ZO ~0 60 emma In response to · ~uestion asking appraisers to ra~e the of i numUer of different ,'u~merclal uses at the sa~ Io~a~i~ residentl/] properties within me blo~, the ~jorlty felt ~hat a ~dlcal office or a broth Ilbra~ would have 4 favorable pace while a ~lfare office or drug rehlbilltlci~ center ~uld hive ~ undoSire/hie i~lc~. ~e ~jori~y felt ~hi~ i church, p~l hall, neJghborho~ cavern, record st~re, ice cream parlor or a v~de~gam parlor ~uld noc ha~ ~ch of an ~d ~re about equa))y ID]i~ as ~o whether the ef'FecC of a disco ~uid be neutral or negaCive. /qSA SURVEY OF APPRAISERS Iraact On Residential Properties Land Use Value Lo~er Nuch Some Same S,o~e Huch StOre-front ~ur~ Welfare office It 13T 41t 3~ 7t NeighSthud ta~m Record store it 291 S~I 10t Drug r~ab center Ice cre~ parlor Vl~rgm parlor Disco Br~ Iibra~ In response to the question about their evaluation of the impact of adult bookstores generally on surrounding property values, 2~ of those expressing an opinion felt that there would be little or no impact with such a use. They princip·))y based this opinion on their experience ·s appraisers (20t) and the observation that such uses usually lot·ted in areas chat had already deteriorated (26~). ~Tt of the survey fe)t that there Is a substintlaJ-to moderate impact. Their opinions were based ~n professional appraisal parlance (let), and the oa~servet|ons that: given current mores, an adult bookstore would dlscour·ge home buyers and customers (1~); the use preclplt·ted decline end dlscour·ged improvemen t (11~);and, ~t would attract "undesirab)es" tO the neighborhood (29t)- The nature of thls impact on property was contingent on · number of factOrS in the minds of 32~ of the respondan Ca. 13~ felt that it depended on local attitudes and the adequacy of legal controls on their operation, Exterior factors Such as signage and building fat·de quality were seen by 16{ as the determinant. 30~ felt the impact would be dl reccly related to the values (both ~nitary and human) prey·lent in the neighborhood. And 20I felt that the · newer depended on whether or not the business was likely to tract ot~er such businesses. E f~ect EFFECT OF ADULT BDDKESTOE5 ON PROPERTY VALUE HSA SURVEY OF APPRAISERS 20 60 LITTLE OR NO EFFECT EFFECT OF ADULT BOOKSTORES ON PROPERTY VALUE ~A SURVEY OF APPRAISERS No reason giv~n. ApprmisaJ exper- lance, Area In decJlne~ Area in decline. Not an intlnae Only one doll not utter. 6 - CaNmartial buffer. 7 ' Karket adjusts quickly. 8 - Tolerated by current rrores. 9 · Other. 48 ~9 I I I I 0,~, ,re e-~ I I I I i I I I $UPU~ARY OF FINDINGS The 9real majority of appraisers (75t) v~ho responded to the natl or~al survey of certified real estate appraisers felt that an adult book* store located within one block would have a negative effect on the value of both residential (8Or) and con~ercial (72l) properties. 50I of these respmdents forcaw an i reTediate depreciation in excess of 10t, At a d~stance of three blocks, the great majority of respondants (71I) felt that the impact was negligible on both residential (64t) and con~ercial (771) properties. Even so, it vc}uld appear Chit this residual affect of sucJ~ a use was greater for residential than for ceffmercia] premises. In answer to a survey question regardlng the imPact of an adult book- store on proPerty values generally, 50I felt that there would be i substantialoto-e=derate negative ImPact, 30S sw little of no ;m- pact, and 20t s~m the effect as being dependent on factors such as the predcx~jnant values (property ind social) existing in the neigh- barhood, the development standards imposed on the use, and the abil- ity of an exlsCing comTercial node to buffer the impact from other uses, The results of the Z0t national sample end the 1005 survey of Netro- pollcan Statistical Areas were virtually identical, The one slgnl- flcant variation that did occur was in the response to the duesClan asked as to the ·ffecC of adult bookstores on probe roy values gener- ally, Respondants in the HSA survey placed more emPhasis (32S versus 20~) on conditional factors at the site, 51 FOOTNOTES ~let roOol~tan Stat[stlcal Areas (HSAS) surveyed at 100~ were chosen on the basis of having a one to at the time of .the 1980 U. S, Census, They were: Phoenix, Arizona; Sacramento, San Dleg~ and San Jose, Callfomla| hnver/Bou]der, Colorado; Hartford, Connecticut; Fort Laueer- dale, Hiami and Tampa, Florida; IndianeDolis, Indlana; New Orleans, Louls;ana; Kansas City, H;ssouri; Newark, New Jersey Buffalo, New York; C;ncinnatl, Cieve land and Columbus, Ohio: Porcland, Oregan; San A~tonio, Texas; Seattle, WIshington; and H;lwaukee, W;sconsln. Although slightly outside the pooulat;on parsmete rs for this saletel on, Louisville, Ifantucky ane Atlanta, Georgia were also included. 2. Regional designations used were those .erOloyed by the U. S. 8ureau of the Census for the 1980 Census. The data were processed and crosstabulations performed using the Statistical Package for the Social Sciences, 3, The discrepancy between th~ number of lurvIy responses and the number of responses to the question in this and subsequent tab- les is the result of soma respondants having omitted answers to questions 6 and 7 of the survey, NOTE For the Durpose of this study, pendix categorize existing lend uses within the S~u~y end C~n- ~rol AF~eS as having · Resi~ den~ial Or I Dis~ric~ ¢iel Chafetier. All cl~¢l|Ing district, neighbor- hood-related con~erciel and sDe- cle} use zoning classlflcatio~s are designeted as being of "~es- idahelmS Character*. ~lore InCense conl~llrcie] useS, industriel uses end dlstrlct- telacid loebill uses are c0nsi- m rcia| Chefeerie'l. ADULT ENTERTAINHE/iT BUSINESS STUDY STUDY AREA LAND USE 31S6, 3201 brl lO~h SL r""'l ResMenTjll Character O - Adult EmerZlinment Site ADULT ENTERTAINMENT BUSINESS STUDY Xr STUDY AREA LAND USE 5429-31 bat 3eta IL /""1 Residential C,,haract~ [7777J District C4mmemial .Charecte~ 0 :Adult Entertainment Site I WE$ )NTGOMgRY PARK CHAIN DIVISION |'Ill STUDy AREA LAND USE WashingTon St. ~ Reeidontiel Character 0 ,l~e/t Ente~teMmont Site A~ULT ENT~TANNhENT BUSINESS STUOY  r""'l ResidealiBi Chlm~er I-. !v ADULT EIITERTAJNHEriT BUSINESS STUDY ~D~LT ENTERTAIN~EHT 8USI.~ESS STUDY 4441-4475 North K~one Ave. ~ R~identlal Char~ter 0 Adu~ Entenlinm~t ~.' i,vl ~DL'LT ENTERTAIN~E:~T BLf~j ll, lESe; STUDY 2 CONTROL AREA LAND USE 2500 EaR 10th :'-F"'l ,.,,.~f..g.f ' ChlrlctN, -- l' C~ntrol Area Ceetmld it I-Vl I AOULT ENTE~TAI~ML,~T BUSINESS STUDY l- VIII ADULT E4TEPTAINMENT.BUSI,~ES5 STUDy tie ,'a~ EA L?. CONTROL AREA LAND USE 5420 East Washington St. r""1 Residential Character ;;x7']73 Dlslrict C4~nmee~iel Character · Control Area Centmid :jl| C,k,-' tr ~tertain: I, IX i I-X A~ULT EI~TERTAINREI~T BUS INIrSS STUDY CONTROL AREA LAND USE 7SO North iheddand Ave. Re/dentiel Character ~ DbtHCt C4xnmeetjal Charmer · Cm.~l Ares CentraM EA SH C STGA~i[ j O.~p~N~; ~, I ~ I I-xl ADULT ENTERTAI ;,it',~ENT ~US l i'lESS STUDY I-Xll - APPENDIX II A~l~ralser Survey January 20. 198& Dear The City of Indllnelx)lis, Indlli~a Is currlntiy in the process of preparing I ne~ local ordinance that will regulate the Iotaclan of adult entertainment businesses In reletlm to residential nelghborhaods in our c~mfunlCy. In an effort to provide a basis for the proposed legislation :haZ is equitable and legally defensible, I ~ould I;ka to ask your help in establishing a 'q=ist professlci~ai opinE_eft" cm the ~tttr. ~ i real estate DrollIsabel, the ~[~i~s y~ share with us ~ the ecl~ed suMy fo~ ~ld h e~ vai~ble to us in the de~l~mnt of I p~ltl~ tefil/atZ~ appr~ch to this =ifflcuic I~al isl~. Thank you very much for your assistance. cc. L, Carrol I INDIANA UNIVERSITY Indiana Universityt School nt !usanell, Div~sio~ ol beearch Please help us es thle brie~ =actanal survey. The informsclan provided rZ~l help cl&t~fy s· important queenInn. Read the foliovial t~onsmt~an e~uc · hypotheclca~ nellhborh~ end resp~d co ahv ~uescious In cams at your pro~eee~oaa~ ez~r~euce and ~udpest. A eiddle income residential neighborhood borders a main street that cantsins various commercial activities eerv~nl the ma~lhborhood. There ~s · bulld~al that vas recenc~ vacated b7 · ~rdv/te store end ~ o~= shoal7 as an adult bookstore. ~ere ere no other adu~t ~katoree or e~r acts~c~e the area. There ~m no o~et veanc cmerc~s~ e~ee presently ava~ab~e ~n the netlhborh~d, Please indicate your mrs to questl~s I throulh & Ln the b3~nks provided, using the scale A throulb G. betease 20Z or morn Decrease mere than lot but lees than 201 Decrule ~tolO to ~OZ No change an value lucretee from O to lot there·as mere th&u ~0Z but leas than 2OZ h~uee 20Z or mrs Hov vould you ezpecc the average values of the R~ZJ)~2ftTj, L property withes an.,eeb~ock ol the bookstore co be at/ecced~ 2) Hov you,d you expect the avetale values of the CON)(I~C:U.T. property virN~e an,,,tebZock ot the ·du~C bookstore to be at/steed/ 3) Hev ve~l.d you ezqMct the average values of R~SZDINTZjLL property located three blo~8 ~m g~ ~ketore to ~ ~lecced~ &).Hov~ould you expect the aver·Is values of the COMNE~CZAL property chre~ b~ock's from the adoIt bookstore to be affected7 5) Supl)ome the available commerclm3. bulletin& im umed for momechlng ocher chmc mn adult backmoore. For each of the following ~cenclal umem, vou2d the average value of residential property w~ch=n one block of the new busioesm A much ~lSher C about the ~me edit ~kmtore D smear l~r ~cup~ed ~e m~te. Z much l~er In the mpmce provided, ~lte the appropriate letter for each p~ceutlal nee. Store-front church Pool hall ~elfare office ]Y~8 rehabilitation center Zce cream parlor Neilhborhood tavern Dimco Record store Branch l&brmz7 6) Zn Senera1. to vh~t deErme do you tee& adult b~okmtores affect progeny vm~uem? 7) ~hy do you feel this 8) Where do you prncticet you prmfmr not to 8/re your ~, p&emme check here ) Thank y~u ,mot your coupsretina. Fleame rnturn this quemtiounairn it the p~mtmSe Mid envelope pbv~ded for your couve-'Le~ce. APPENDIX I I Land Use Control of Adult Entertainment APPENDix LAND USE CONTROL OF ADULT ENTERTAINNENT LEGAL aAS I S Zoning has traditionally been defined as a process by which a municipality legally cone roll the use which may be made of pro- percy and the physical configuration of development upon tracts of lend within its jurisdiction. This Is accomplished by fieins of zoning ordinances which are locally adopted to divide the lend into different districts permitting only certain uses within ;,:=,= :;; p.ot.ct,. of pu.,,c ..f. ty..,f. re. Zoning regulations not only regulate the use co ~hlch buildings or property may be put within designated districts, buC also the purpose or object of the usa beyond the marl condie!one or cl r- cumstances of the use.2 In a 1920 landmark declsion, the llmeYork Court of AD;q_sls up- legislation, and re- held New York Cjty~S conq~rehlnsJve zoning 3 afflrfied this legislation as a proper exercise of the city's police powers.. In 1926, the practice of cemprehenSlve zoning received substan- tial support when thl United States I)epartnmnt of Cmrce pro- mulgated the Standard State Zoning Enabling Act. This Act be- cam the mdel for most of the early zoning enabling legisla- tion in the country, ~hlle the courts hav~ reaffirmed that municipalfells are proplr- ly exercising thll r police pNrs through zoning rlgulatiDn, it is generally held that they have no Inherent p~ker to zone ex- cept (as is the case with the pollce pa~mr Itself) as such pc~er is delegated to them by tht state laglsletur~ through statutory enactleo The right of state legislatures to delegate ccxnDre- on th. otherhand. ,, unlfomly recognized by 81cause municipalities in the state hid to be enabled to exercise zoning ~rl within tbei r Jurisdictions, the Indiana State Legislature, by mane of onabling I gillorion, dellgored this mr to local units of Jovernmlnt.~ Control of the use of private land inlvitably raised a number of 'cmstltutlonal questions. In the landmark lg26 Call of Euclid 'v~ Amblar Realty Co., the United States Supram Court upheld the city ~f Euclid, Ohlo"s amnlclpal zmlng ordlnancl which had been claimed.to Involve an unccmstltutlonal deprivation of property by deciding that c~3el~rlhenslve Zoning ordinances are a prc~cr exercise of the police p~er and do not co~stltute an unco~st~tu~ion- al deprivation of property. This position was reaffirmed by the Supreme Court of the United States in 1927.7 Thus, the gene re] legality of zon; g is established beyond doubt, Subsequent decisions by this court~ established that such ordin- ances, h~wever, could be unconstitutional when ·pplled to a p·r- tlcul·r proOerty. This established the basis for the system under which the City of Indianapolis curran ely operates where each var- iance or rezonlng request is decided on its own mrlts. THE PUBLIC WELFAE The police piker ·uthorlzes i governKent to adopt and enforce all laws necessary to protect and further the publlc health, safety, morals and general welfare of its citizens.g Limitations on the exercise of zonlng power are essentlally the same as those restricting the police podr under the U. S. Consti- tution, i. e., they must be reasonable and guarantee due process and equa] protection. It may not be exercised In an unreasonable, oppressive, arbitrary or discriminatory way, Zoning laws, then, must have · rill, substantive relaClon to the legitimate govlrn- mental objective of the protection and further·nee of the public health, safety, morals and general welfare of citizens, The public welfare, in these c~ntexts, moans the stabilization of prepare values, promoticm of desirable hoar surroundings, and happlness,~0 and embraces the Ordlrllnlsl of celmwJnlty gro, vth, land value and lestheSSe mbjectlves11 and is reasonably design- ed to further the edvancmMnt of · coKeunity as a social, econom- ic and political unity.12 C0eITROL OF ADULT ENTERTA NPENT13 I Reacting tO the increased availability of pornography in the United States and attendant pressures It the community level for its con- trol. a number of ,mnlclpel gGverfimnts have addressed the pro- llferation of adult InterteinnlnC businesses through. mg veto Ious methods, I~d use cantrols. The validity of such an approach wet upheld in 1976 i the landmark decision Younq v. Amricln Mini Theatres. InC.1~ in which the COurt u~heid I Detroit zoning ordinance which pr~ibited more than two adult mvJe theeten or other sexually-orlenteted enteq~rises from locating ~I thin 1000 feet of one Mother or certain other designated businesses. Against attacks grounded in the First and Fourteenth Amendfronts Co the Constitution of the United States, the Court sustained the ordin- ance on the duo] bases chat: The ordinance was a reasonable response to demonstrat- ed adverse ]and-usl and property vsiue effects asse- tlaced with sexually-oriented enterprises; and the ordinance silenced no nellage or expression but merely placed geographic restrictions upon where such expression could occur. vhile an exhaustive analysis of the Young decision is beyond the scope of this dlscusslee, the foilwing generalized principles may be gleened from the plurality, c~ncurrlng and dissenting opiniees of the Justices· Flrst, hostility to constitutionally 'protected speech is an i mptrmlssible mtlve. The more apparent and rational the relatlmshtp of the adult use restrictlees to recognized zoning objectives, such as the preserveSloe of neigh- barhoods and the grouping of compatible uses, the greater the alkalihoed that the restrictions will be ul~held. Second, even a properly motivated ordinance will be invalidated if it unduly burdens fl rsC amendsTent rights. For example, an ordinance imposing 1acacianil restrictions that are sO severe as Co result in an'inability to ecco,s~odate the present or anti- clpated number of adult businesses in a municipality will cer- tainly be struck do, m. The Young court repeatedly m~ored its cjslon upholding the Detroit ordinance upon the Nnding that numerous sites ccxnplying with the zenlng requlremnts w~re vailab le to adult businesses and that the milkit for sexually - explicit fare, viewed as an antJill, was therefore "essentially unrestrained". Third, ordinances which ere so vague in wordlng and definitions that a non-pornographic entrepreneur is unclear whether he falls within ice proscriptions may be vrolatlva of due process. A vague ordinance may operate to hinder free speech through use of lingojoel So uncertain or generalized as to allw the inclusion of protected staech within its prohibitions or leave an individual or law enforcehenS officers with no sbeclflc guidance as to the neturl of the acts subject to peeishnmnt. FInally, an ordinance which auChorlzes the exorcise of broad discretionary p~r by administrative officials to determine which adult business will be all~,ed to operate, eSHCillly if the exercise of such discretion il not grounded on ~dmJectlve, ~scartainable criteria, will probably be disapproved el ceetrlry t'o the precept that, in the First Amendment area, "government may ragU lati on }y wl th narrow sbecl II1-111 Any coffellunity, then, which would employ its zoning pc~,er to regulate adu)t uses w;thln its jurisdiction must be particularly concerned that the adoptive ordinance be deff~qstrab]y motivated by and found- ed on sound land use principles, it el.law reasonable acca~odatio~ for such uses wichin its jurisdict;~, and that it clearly def;~e both ~h8 nature Md regulatjms of the use in order to avoid, to the extent Dossable, the need for subjectl, jnte~recatff~ of ea~ proposed use. The Youn~ decision has encourlged I great amount of experimentation on the part of municipal|flea in an effort to prevent deterioration of their cae~ercial districts and adverse impact upon adjacent areas. The effectiveness of these innovations will be determined by tim and the legal tests co~qich they will be subject as this business segment establishes itself. For the time being, however, this decision encourages an approach in which localidea have tended to c~qtrol the siting of adult en- tertalnment businesses on the basis of land use. CITY PLA~i CASE Council File STUDY 0f THE E~EC?~ OF THE CONCENTRATION OF A~ULT ~NTE~TAtNMENT ESTABLISHMENTS IN THE CITY Of LOS ANGELEi PrepareO for': Planning C~mmittee ~f the L,os Angeles City Council Preparea Angeles C~;Z Planning Department June,,lg77 I~ Ju~ar'/ and Re~e~!w.~s ..... ~ ............. I. Findings .......................... II. ~urpose and Scope ..................... III. Methods Currently-Used to ~egulate Adult Entertainment I Businesses ........ A. A~proaches to the Regulation of Adult Entertainment by Land Use Regulation Z ............ 3. Other Cities ....... Boston Approach. Detroit Approach Variations Adopted by Alternate Currently i. Red Light Abatement ProCedure 2. Police Permit Requirements Adult Entertainment or SupJ) lementary ForTs of Regulation Available Unoer State ano MunlClDal ~ i~ C- Other Regulations of in Los Angeles MethOdolOgy and Analysis A. Chan~es in Assesse4 1. Study and Control 2. C~nclusion . B. Public MeetantS C. Questionnaires 1. Description of Survey 2. Results of Survey D. U.S. Census and Related Data 1. DeScription of HOllywood 2Cluster Analysis~ ...... 20 Valuation Between [970-1976 22 Areas ....... using 22 25 44 [ iI. ','sing Cans:s Oeou'tme~: St~cy ~-' No. of Or:inances ~egulating Uses .......... Ordinances Regulating Adult Dispersal ...... City Council Files P. elating !970-76 Changes in Assessed Studio City, ~orth Hollywood Angeles C:mparison of Census ~e~ortec Crimes and Arrests an~ City of Los Angeles Adult Entertainment Entertainment Uses by to Adu" Enter',inment Valuation ......... and City of Los Data ........... 1969-75 Hollywoo~ Exhi:it A - Exhibit Generalize~ ~ocation of Adult Entertainment Sites in Hollywoo: and Central City, by Census Tract . Generalize~ Location of Adult Entertainment Sites in 5tucio City and North Hollywood, by Census Tract ... .... ZZa Assessment Da:a 1970 and 8. For~ - General Questionnaire C, Form - A~praiser QueStiOnnaire D, Response and Summary of Privateiy-Oistribute~ Questionnaire (not = pOrtiOn of study) E. gata from U.S. Census 1960 an~ on08. 9 r T~o me:~'~Cs use reculations .have ,~ve1'^~ ~n the uni~~ c-.-:¢ as in ~oStcn; ~nO 2} t.he C:s~ersa) of such uses, ~5 in t.he of Detroit. The Detroit ordinance has been challenged snc upheld by the U.S. Su:reme Court {"pun: vs. ~ini-rhe~:ers, 9~ 5. Ct. 771, 1976}. E~fect of "Adult Entertainment" ~usinesses on ~ho Community _., There has been so~e indication that the concent~:ian entertainment" uses resul:s in increaSe~ Crime and gr~ter police enforcement problems. In the City of Los Angeles, the Los Angeles Police Department has found a link between the ConcentratiOn of SuC.h ~usinesses and increase~ cr~me Hollywood community. {The major pOrtiOn Of a Police re~rt on :.his supjeer .is heroin contained.) ~.hile several major cities .have aoo~ted ordinances similar t~ the ordinance, no other major city has, to our knowle¢ge, Boston-type ordinance. --.-..-':. ,..? · ..-.., Testimony received at two puPlit meetings on this subject .has reveale~ that there is serious puPlit c~ncern over the proliferation cf a:ult entertainment ~us~nesseS-~art:cularly in the Hollywood area. Citizens have testlfieo of )e~ng t~raiC walk :he streets; t.hat some businesses have le~t ~he are~ cr have modified their hours of POeration; and t.hat :.hey are · fearful of children being confronted by unsavory indivicua~s of being expose~ tO sexually explicit material. representative of an adult theater chain testilia~. in su,~port of the manner in w/~ich this business was run and in Sub:Oft Of the type of clientele which attend the theaters. The Planning Oep,~rtment staff is of the opinion t~at t.he ~ogree of deleterious effects of adult entertainment businesses dopen~ largely on t~e particular type of business and on how any such business is operated. A mail survey questionnaire conducted by the Planning Department has tended Co emphasize general public Concern. over pr~liferation of sex-oriented businesses and has indiclted further, t~at appraisers. realtors and representatives of lending institutions are genera)ly of the opinion that concentration of adult entertainment businesses exerts a negative economic impact on bot~ business and residential properties. - They feel that the degree of negative impact depends upon the degree of concentration and on the specific type of adult entertainment business. 000830 f =,,inmen~ ~usinasses was ;Cm~are~ w~S~ Ct~er c~ncantrati:ns, tnC .w~th the ,City as ~ ~nole. On this csmparison, it cann~: be concluded that ;rzZarties c;ntain:ng c:ncentrat!:ns cf adult en~er:,~inmant ~usi~esses ~ir.=ct!y influence~ the assessed valuations Data and analysis based on the U.S. Census of ~0 and certain trend ~ata from the Censuses of 1960 and I970 as a;:lied t: areas of the City c:n:~ining c~ncen:r~tiQns :f adult entertainment businesses are included in the borJy cf the re:Crt and in the ~ppenc) ix. 5cope ef the 0rdfnancas Enacted by Other Jurisdicti,~ns The scope cf "adult entertainment" o~dinances encomDases 'variety of adult activities. Per example, the Lcs ~ngeles has c:nsidered 'adult entertainment" establishments to inciu_-a adult bookstores an~ theaters, massage parlors, nude mOCe~n~ studios, adult motels, arcades, and certain similar :us~nesses. Many Other orOinanceS stu~leo, however, are less brC~d in c~verage. The Oetro~t ordinance, f~r instanC~ ~oes n~: massage parlors or adult metals, no~ d:as it ~r~v~sa F~r the closing Of any SuCh ~usinesses Oy (mOrtelation, wn~cn wcut~ necessitated by the retreadtire a~plicati~n cf suc~ ordinance. Table I on page 11 inoicates the Ordinances revei..ec and the ~a~or categories of uses they regulata. ~k E?fec~:f 0r~inan~'es Enacte~ by Other Jurisdictions: The 'J.S. .Supreme C:urt ~n Y:uno vs. Amer,can ~4~n~-Tne~t~rs ~cinta~ out, as one of the bases for upholding the Oetro~t ordinance, the regulation ~i~ not limit the number of "a~ult entertainment" businesses. Our Study' has indicata~ that the practic~ effect of literal a~option of "Detroit' language withou: "' in the City cf Los Angeles would be tO limit the '~otential locations f:r such businesses ra:~er severely. Due tc t.he predominance of c~mmercial zonin~ in "strips' al~ major secondary streets, an ordinance preventing 'adult entertainment" business ?r:m lo:atin~ within ~00 Feet of residantia]ly z:neC Dr:party would, in elfeel, limit such businesses to those areas o? the City where there is commercial zoning Cf greater than feet in depth. Areas with such commercial frcnlaOe wculd include d~wntOwn Los Angeles a small part of Hcllywcc~, Westwood, and Century City. A f;. industrial area~ w~uld affor~ a separation of this ~istance From residential propertieS. The limitation of 1,000 Feet ~ecween establishments (as provided in. tee De:reSt ordinance) would likely inappropriate in the City Of Los Angeles inasmuc~ aS cOmmerCial ZOning ~s located in a $~ri: pa:tern along mos: of the City's a:pr:ximate 1,400 mi'les of major anO secondary highways. {It is estimated that approximately 400 miles of such "strip" ccmmercil) ZOning exists In the City.) 000831 'e t~e City ...nc!i s .... ~ ;~n~ t~e finC~ng~ cf this re~=rt t3 reCCmmen~ the ;r~:~r~t:Cn cf an ordinance t~ c:ntro) adult enter:alnrnent ~us~nesses, such ~n cr~Inanc9 snculC ~e cf a dispersal a concentration type. {~ buil~ a ~lannin~ policy ~as~s for such regulation, the C~uncil ~ay also wish the Planning Department t~ consider the ~evelo~ent cf policies for inc=rporation within t~e Citywice ~tan.) If a ~iso~-sal type or-~inence is recs~men~.e~ by the C~ty Council, the Planning De=ar::}en= is of the Cpinicn suc~ an Or-J i. nonCe should) De designeO for spec~f~ application in the City of ~Os Angeles, rather t~an direct adoption of the Detroit moael. If such a ~is~arsal type ordinance is recnmmenCed ~r enactment locally, should c~sider: a. distance requirements between aault establishmentS. The Plann~n~ ,neDaffront recz..~men~s t~at a se.'aration between esta:lisnments .gre~_'.er ',nan 1,000 ~eet is necessary ano desireDie. distanc~ requirements SODarating a~ult en:ert~n~en; establishments from c~urc~es, .SchOols, like. The Planning Oe~art~ent Suggests that Separation of at least ~O0 fee: is neCesscry. Similar distance se~arat~n~ adult on~ertain~en: uses fram single-~amily residential ~evelopment sh~ula also be c~nsiCered. ,." :- the possibility of enacting 'addfticnal provisions r~ulata signs aria similar forms Of aCvertiSi.ng s~oul~ :.' also be considered 3. If the City Council should find it advisable to recommend- all of the types of "aclult entertainment" businesses included in this study, it should consider whether all such uses s~ould be in the some class and subject to the same regulations. .. Should the City Council recommend the preparation cf a zoning 'ordinance to regulate adult entertainment businesses, other sections of the ~uniCipal Code relating to t~e subject, including police permit requirements, S~Ould also be amended in order to be. C~nsistent with the Zoning regu)a~tons and t~ facilitate the ,'-~ministration enforcement o~ such regulaticns. · .... .... -3- : 00083 I' ~nIc~ Currently Oronl~i=S "S~riO =-'~,s~ SZ~IS" ano :cnin~ Aam~niS:r~tar: :~o:u~n az~ana~ng :he ]is: of :~oni=:~d uses in sa~ include additions] ~:u]: enter:lin.,nen: uses in~an:!fiad. To assist in the r~ulatiOn of "adult entertainment" )usi- nesses, the City shoul~ Continue tO vigOrouSly enforce all existing provisions of the Municipal Cooe r~!eting t~ t~e subject, including Zoning r~gulat~ons. 0G0533 ..- 30.9835 r in the City of Los Angeles. In the event legislation is enacle~ ~n t~e City of has Angeles ther~ is adeouat~ basis for a Oatr=~t-ty~ OrCln~nc~ (disoersion) w~iCn reQuireS a ~istance of tOOO f~et bat'~e~n estaDlishments and 500 feet fr:m residential Zones. -- Existing lotarSenal patterns buSineSses (in Hollywood, Studio City, reprlSent a .c~nCentration -airier establishments. {Such patterns ar~ concept and are due~ in fact: to the zoning pattern.) NOrth Hollywood) than a dispersion contrary to' t~e City's sirs= If dispersion iS desired in Los AngeleS. an ordinance sncu[~ ~a designed specifically for the City. /Di'ect appleteflon of the Detroit oreinance would not be aesira~ie o~ appro=r~te in ~s Angeles and wcuid, in part, tone to result in a concentration : suc~ ~usinesses.) Statistics provided by the ~os Angeles P~tice Oeoar:~nt (LAP~} inolcate a proportionally larger ~ncrease in certain cr:~S ~n Mollywood from lg35-75, as compared wit~ the City of ~os ~n~eies as a whole. {HOllywoo~ has the largest content:at!an o~ ~ouit entertainment businesses in the C:ty.) Statistics provided bY the LAPP indicate that there has been a large increase in adult entertainment enterprises s~nce i9S9, particularly in Mollywood. From O~ce~ber ~75 to 0etamoor ~g75, however, there has been a d~crease in such establishments. Testimony obtained at two public meetings on the Adult Entertainment study conducted on April 27 and Za, lg77 indicated that: ~any persons, in¢ludin~ the elderly, are afrai~ to walk the Streets in Mollyweed.. Concern we: expressed that children are being exposed to sexually explicit materials and unsavory persons. Some businesses no longer r~main ODin in the evenings and Others have left the area pilegodly directly or indirectly due to the establishment of adult entertainment bus-lnesses. In Moelywood, some churches drive the elderly to'services one oth~rs provide privat~ guards in their parking iota. Nearly all potsons opposed the concentration of adult entertainment activities. 00083G ( adverse .~c:nom~c ~ffJcts cn both businesses an: pPoOC~tv i~ respect :~ marice: val,j~. rants' ,z~l~c rentaOf~ity/saieaoill:y; t~at the advers~ ec~ne~c effec:s diminish w~tn ~stanc~ ~u: that the effects extent beyon~ a ;DOG-foot raoius; ano tna: the effects are to the degree of concen:.-ation and to the s~ecific tyc~ adult ancerta, inment ~us~ness. Businessman, residents, etc. L~elieve that the tian Of adult entertainment establishments has a~verse effects on both t~e quality of l.ife. aria cn )us~ness property values. Among t~e adverse business effects Ci:~c are: ~ifficulty in retaining and attracting. customers non- "adul~ entertainment" businesses; difficulty recruiting ~mployees; and ~ifficuI~y in r~ntlng office s:ac~ an~ keeping dessteele tenantS. Among the adverse effects t~e Quality of life cited are incr~aseo crime; :he e~fec:~ on children; neigh~ornooo appearance~ litter and graffit~. A review Of the percentage Changes in tnC asg*.ssed valu~ cf commercial and residential prOOerty between th-~ study arsas c~n:a~n~ng c~nc~nt~aticns of a~ult ~nz2rtal~- merit buslnesSas hav~ indica:e~ that: T~e t~ree study areas in Hoilywoo~ canua~n~r,g suc: businesses have increased less than :.:e nolly~oo~ aria l~ss than th: City ~s a whole. Tv~o of t~e :~ee areas in Hoilywoo~ nav~ incr;ased less ::~an corresponding "cOntrOl areaS"; however: one such study increased by a greater a~ount than its c.*rrespand~ng control area. The study area in Studio City has increased )y a gr:a:ar percentage t~an ~;s corresponding "control a~ea", ~y a slightly lower percentage than t~e Sherman Oaks-Stuo~o City Community; and by a C:nSiderably greater percentage than the entire city. /he study area in North Hollywood has increased by a considerably lower percentage ;nan ~cS cOrreSponding control area~ the Nort~ HOllywoOd Community. and the City as a whole. On th~ basis of the foregoing it cannot be centlured that adult entertainment buSineSses have directly infiuenOeO changes in the assessed value of tom, marcia) ano residential prOpertieS in the areas analyzed. There are various 2xistin9 laws and zoning)- available to effect proper ent.~rtainmcnt busineSSes. r;gulations (other than regu)ation of acult O008Y/ ! [ 13. .... , ....... ~, "a~i= en='~r=~inmen,.'' ~usiness. cn neign~o:.%ccds. !O ci:ies have adop:ed ordinances similar dispersal ordinance. Several other ci:iss :~a-.,3 2;r~s of r~gula=:cns. The De:.'ci: ordinance does not regulate ma-~sa.~a Fcrl.'r:. C,;. '.-.-.~. ciuies wi:h :e~ula;l:ns, ~hree have inc!udad ~u=:nes-,e.-. A!%hcu~n o:her such crdln~_~oes ~a~e pr:visi~ns, n~.e had been validated by i | | | ( com~,-enensive' szucy to ~ezc-~ne ,~nethe~ t~e c==can:~:~c~ sc-ca]le~ 'a~u~t entertainment" es:a-hlis~.ments hag a ~]~g~t:~g ~egraOing effect on nearby properties ant/or ne:gz~:cr~coCS. T,he term 'aault entertainment" is a g~neral ter~ ~tilizi~ ~y Planning staff to Collectively refer to businesses which pr~arlly engage in the sale of material eepicting sex e~ in providing certain Sexual services. These wou)~ include the following: ~cuit bookstores; X-rate~ t~eat~rs{ adult mot.~].~ with X-~ata~ antetrain- men:; massage parlorS; sexual therapy establishments {other these cOerate~ by a licensed psychologist, psyc.",iat~ist~ etc.}; nuee, topless or bottomless bars en~ restaurants. During the past few years; there has ~een ~ncreasing concern !n Los Angeles over tMe proliferation of such sexually ~usinesses. The derivation of such COncern is varied .... 'eli~:sus, mOral~ sociological an~ boonomit. Th~ poS~:ions acvccatee ~y public range from a "laissez loire" attitude t~ outright indignation and ~emand far prohibition. It should be note~ at this ti~ t~at the topic of news~acks, wee dealt :wi:~ in t~is study. T,he primary reason far ne~ considering newSracks iS that, in aCeS=ion to the a~sence of a specific Czuno~i request for t~is Departmen: to Deal with t~a: subject~ :~s mat:or has Dean anU continues to be a t~:ic of litigation in Our courts. Adc)itienally. ot~er ~ublic agencies: including :~e City Attorney: Bureau of Street ~aint~nance, anU 8uilding an~ Safe:y: are presently pursuing aSSignments r~gar~ing newsracks, an~ it is premature to determine widethor newSraCkS Could feesilly be stucie~ as "adult entertainment" bus)nesses, from a practical or constitutional standpoint. In giving the Planning Department this assignment, the City Council essentially called for a fact-finding process to determine whel~er a~ult entertainment establishments. where they exist' cencentration~ cause blight an~ ~et~rieration. When thi~ question has Dean posed to the public, there have frequently Dean angu~snec retOrtS tO the effect that "the answer is so obvious it is ridiculous to even as~ the questions" and "w~at is the City -aiting fa~ before ~t takes action to eliminate these Scourges Of On tne.o~.~er side of the sp~:Z.-~m., eerIa!n pa.'ties .ho. are against the aaoption of any r-.guiations .-egarOing "auult entertainment" question the legitimacy of the gevernment's interest in t~e subject~ and they have noted that magazines as "Scurrilous" as t~ose so)~ in adult book. storeS are also available in t~ mar)tats and drugstores where th~ likelihOOCl Of perusal by youngsters is than within ~he cOnfineS of an -acu~ .u~stere under 18 years of a~e i.s a.llowee). oOviously (where no pCrson '00084g | I ment." The staff ~as teen ~nf~rma:ion of a factual nat~r~ of organized groups ant :me exOressed at t~e two puol cuestionnaires, the staff has Strong ns:ructea to o~jec:ive:, one, although the ~rscn~i ';~bliC a: l~r,-,e ,,ere c ~egtlngs ~n~ ~n the st::./ maintaine~ lnGe~en~ence FrOm emotions in evaluating the Data gathered. As noted above, the Staff has specifically been given the determine whether the concentration Of "aDult ent~r:~n~en: estaPlishments has any ~lignting' or degrading effect an :~e neignaorhOOdS in which t~ey reside. We did not C~nSlcer specific nature or content of the materials or services rendered, advertised or prom~se~, for this would have constitute~ c~nsorolike role for the 0apartment which was neither caS~re~ requeste~ by' ~he Council. This study has focused on t~e Hollywood community aS wait pOrtiOnS of Studio City and North Hollywood as those ~re~s of Angeles having the greatest c~ncentration of "aDult estaolishments. In order tO assess the effect of =he af "a~u]t entertainment" establishments in those areas, has analyze~ such factors as c~anges in assesse~ pro~qr:y vai~es, and reviewed various crime statistics as well as otn~r and related data as available from the U..S. Census. 1~ actot!on, the Department ~as reviewed various established ao~oacnes regulation of "adult eOter;ainment" buSineSS, InCluDing already enacted by other jurisdictions, and earlier ~ff:rts of the City of ~os Angeles to regulate such Pusinesses. 8y means of two public ~eetings on the subject concucteo :y re~r(sentatives of the City Planning Commission, and t~rougn ~ne ~se of a mail survey questionnaire, the Department has also atte..nDte¢ t3 provide additional dOCumentation relative to the acts-el or perc~:ve: impact of adult entertainment Pusinesses on'the c~m~unity. C~r-e~t information on crime statistics has been provldea in a separate report prepared by t~e Los Angeles Police Department, ~ajor portions of which ar~ heroin included. 000843 I US-ZZ '~. -~-'Z-YL;'-' "ASU'.,7 ENT-'~TAZ'~h:"7" E,'E";r_Z_'--'y Two primary methods of r.~guleting "adult businesses via lena usa regulations have csvelcceC in the ~tat~s: the conc~,ntration ar. Oroach. as ev~denc~c.t~.t~i Zone" ~n Bostcn~ an~ the dispersal apt. roach= in~tsa,ty by Detroit. f f ~. BOS'.On ACeroach [n Boston the ='Combat Zone" ~as officially asta~!is~ez designation of an overlay Adult Entertainment No./em:er of ~97~. T~- lay to create an area in which aCcitlonal permitted in ~Ssi~nate~ C:mmorcial Zones p~rmitted in t~ase zones on a ci:ywide Oasis. The "Camoat Zone" had axis:cO unofficially For many ./aa's in Boston. as tn: area in quastlo~ contalnec a th~ "a~u!t ,-n%ertainmant" facsliti~s in t~e City. Tre Ordinance was ado~t.~o in r=spcnso to c:~c:rn over Spreading Of Such USeS :o neignOo,-hoOCS oeemeu to be inappropriate. Other consida. rations faciiitatin~ the policing of such active:los those parsons wno ~O not care to :e suPjeered to s~cn businesses tO avoio them. Under the BoSton ordinance, adult ~O0:cStores and "commerCial entertainmen~ businesses" are considered Conc~itional or fOrDido)an uSeS except in .the Business Entertainment District. Existing "a~ult entertainment" businesses are pQrmittcd to continue as non-conformin~ useS, but, i? diSconCinue~ For a perioO of two y~ars: not b~ re-esl:ablithed. EstabliShment of uses in areas of the City other then the 'Combat Zone' requires a public hearing before the Zoning BoarO of Appeals. The effectiveness and abp,-opriatenass of the Boston apprOaCh is a subjePt of controversy. There has lean some indication that it has rOSult~d in an increas: in crime within the distr~Ct and that thor: is an incr~asaO vacancy rate in the surrounc~ing Offie~ t~uildingS. 0ue to complaints Of seriGus criminal incidents, ]aw enforcement activities have been increased and a number of liquor licenses in t~: area have bC:n royeked. Since the 'Combat Zone" and most of the Surrounding area at: part' of various reeevelCpmant project$~ however~ th~ change in charactjr of the area cannot ba attriOutoG solely to the existence of "adult entertelrimant" busin(s~es. 000844 See Sec:icn no: in ~avo~ a~ ~ C:n:en:r~::cn ~::roa:n m Oepar:,~en: questionnaires has in~c~:ec pu,~Tic d~sap~roval of :his a~roacn far Angeles. The City ef Oet:'oi: hds d~velooed a contrasting a::taacn the Control of "a~ult entertainment" Pus~nesses. Detroit Ordinance attempts to ~!smers~ a~ul~ ~ooks:=res ant theaters ~y providing that SuCh uses cannot, w~th~ut special permiSSiOn. be located within lOGO feet of ~ny other "regulated uses" or within 500 feet of resi~entially Zoned area. This ordinance was an amenclment tO an row Drainante which attempteel to neighDornOo~ deterioration Dy d:SperSing pawnshops, ~illiard halls, taxi dance establishments rather than allowing t~em ex~stin? anti-skid prevent fur:nor caPar'!tS, motels, halls an~ Similar t~ c.'ncentra=e. The ordinance was immediately challenged an: even:ually ',~as u=held Py the Unite~ States Supreme Court. (":u-c vs American Mini Theaters g6 Supreme C:. ~7!.. i975.) In resOonse to our request, ~at8 sueplied ~y the City of Detroit Police Department indicates that the como~nation of the dispersal ordinanc~ and a related ordinance proniPit~ng the promotion of pornography have ~oen an effect:ve tool in controlling adult businesses. To Date, 18 adult o~okStores and 5 adult theaters have been closeD, There are 5! such businesses still in operation in Detroit and )8 pending court cases for various ordinanc3 violations. Variations AdOpted by Other Cities The success of t~O Detroit ordinance has spurre~ attempts by a numbqr of ot~er cities to a~oo~ similar Ordinances. The uses controlled an~ the types o~ controls established by these ordinances are summarized in .Tables I and infra. While the current study of the effect of "aDult entertainment" businesses an neighoorhaods ~n Los Angeles has encompassed all forms of "adult entertainment", ordinances reviewe~ and the Oetro~t Orainance specifically. are less encompassing in scope. Table 1. on the following page..lists and reviews a number of ordinances: wnicn regulate various specified a~ult uses. -10- 000845 NO. Of Ci:ies Acult Theaters Acult Bookstores Mini-theaters and coin oaeratea facilities' Massage Parlors (~nclu~es "physical Culture establishments) Mo~eling Studios/Body Painting Pool/Bflliard Halls Topless Ent.~rtainment Newsreels Adult Motels (Numbers hay) incor:oratodowhara aD)rC~riat)-uSeS "physical culture establishments" end "bus;nesses persons under 1B could not be'admttteO".) ent;tle~ which _,,.: 000846 include amortiza:!on ~r:v:S~onS currently in vary~n~ stages of (although not adobrat)) ~J that of New Y~r~ City. The proPosed ordinance creates five classes of cc.~troTleC usos, one of which is entitled "physical culture eSta:!isnments" and is defined as a gen~ral class including any establishmenIE which offers massage Or other pRys~cal contact by members of the opposite sex. The or~Inan:e would also apply to clubs where the primary ac:~v~:y of such club constitutes one of the ~ive defined classes :f adult uses. The ordinance also provides for a special permit exe~:tin~ individual adult uses from amortization r~.-.u~rementS ~nln the Board o.f Stanoards and Appeals ~a~es findings 1. The effect on adjacent property; 2. Distance to nearest r~sidential district; The concentration that may remain and its effect on the surrounding ne~gndcrnood; 4. That retention of the business will not lnt~rfe-e any program of neighbOrhOOd preservation or renewal; or 5. In the case of an adult bookstore Or motion picture theater, the ~oard finds that the harm tree:co by the use is outweighed by its benefits. Locally, the cities of Bellflower and Norwalk nave enacted ordinances requiring adult bookstores and theaters to obtain a conditional use permit. As a part of' their study, the City of Bellflower ~urveyed over gO cities in Southern California to Oatermine how other cities were controlling adult bookstores. Of the Pities which responqed to the Bell~lower survey,-12 require a conditional use permit For new bqokstqres. The conqitions for octdining SuCh a per,'n~t generally include dispersal and distance requirements ~ased upon the Detroit model. Bellflower also includes parking requirements an~ the sCreenlngof windows to prevent a view of the interior( it prohibits the uSO of loudSpeakers or sound epuipment which can Pe heard from public or semi-publiC areas. Other cities impose Such controls as design review, prohibition of obSCene material on Signs and rOOu~red identification of the business as "adult". Such controls are a possible alternative or addition to regulation of a~ult uses by location. 000847 -zz- ~nlcn ar~ most offensive to somQ CItizens. T~ suc~ Controls Stems frc~ the reCOgnitiOn c~nSt:tutiQnal right an: :he r~gnt part Of tha~ right. ~ (See Par,s v Slayt~n, g3 S.Ct. 2~2~ Table [[, following, provides a comparison anq of ordinances from various cities which "adult entertainment" buSinesSeS by ~isperSal. regul'.t~n~ ?~e t~eory that there ShOuld be no first amendment bar to sign COntrOls iS cIis=u$~e~ by Charles Rambar, in "Obscenity--Forget It', Atlantic Monthly, May 000848 ,I ~, ~ ,~.. O008~S 000850 000S51 ,. ~,~ STATE AN3 MW;t:2i~AL LA'~ Re~ light abatement is a mechanism authorszoO by s:~':e lad which allows local government to Control crlm~nal sexual behavior by controlling the places in which such Oenav~or OCCUrs. Sac. 11225 of the California P~nal Cede g~neral!y proviaes that every building or blace used for illega'l gambitrig: lewdness, assignation, or proStitu:io.~, Occur, iS a nuisance wn~cn shall be enjeine~. prevented. Tnere are thr~e basic steds ~nvolved in the City's application of the Red Light APefoment PrOC:dureS: (a) A comolaint is filed by the City Art:may Dase~ u~cn the aeclarations of police officers of instances cf prostitution taking place on the ~remises. (b) The City attemots to obtain a preliminary in.iunc:~on to shut ~own the business until tom:lotion of t~l scheduled trial. If the C~ty succeeds. the premises may :nly be re-opened as a legitimate business unt:] the t~me of the trial. (c) At the trial, the burden is on the City to prove :ha: prohibit.~ acts occurred on the premises. The remedy may be closure of the premises For all ~urposes for one year, placing the building in the oustbOy of the court, or an order ~reventi~g :~e use of the )remises for prostitution forever. Cemolaints may be filed by citizens, and Sac. liEZ~ af the Code provides that in Red Light Abatement Actions "evidence of the general reputation Of a place is admissible for the purpose of proving the existence of a nuisance", This method has been used successfully by the City to abate adult entertainmen~ establishments in Hollyweo~ along WeStern Avenue. Although Red Light Abatement is directed at regulating sites, a Re~ Light Abatement conviction can affect the aDiltt~ of an owner or oO~rator to c~tain a permit for a similar DuSifiQss at another site (see permi~ requirements supra). Due to the requir:ment of a court proceeding= however, this method of cohere) is both time consuming an~ expensive. 000852 Those businesses f:~ which the City of Los Angeles re~ui.es a ~olice ;ermit and which may also be :r~ante~ ::war~s adult entertainment include: - Arcades (Set. 103.10i) Bath and Massage (103,20B) Care Entertainment and Shows (!03.!g2) Dancing Ac_,~.emies Clubs, Halls - Motion Picture Shows (lO~.lO8) In some c~ses, the s;ecifio regulations ~:~li~ t: : businesS, if enfcrceC, preclude adult en:er:.'~nment activities as a ;at: of, the OperatiOn :f t.'.e :us:hess, .~th revocati=n of the o:erating permit ~n av~:i~oX~ reme~., for violation cf t~e regulation. The most deteile~ regul:tions are ~:liec :: care enter:ainment (Set. iC3 '~2 LAMC) and ale su=mer~ZoO ~s follows: a. Businesses ~ubject tt the Re¢ulatiuns OPeration Of cafc entertainment or Snow. for and the operation of public places where beverages are sold or given aw~y entertainment, shows, Still cr motion pictures Ire furnished, al, lowed Or ShOwn. The regul.'ti.nn ~:es a~ply to bands or orchestras providing music dancing. b. Care Entertainment Defined "Every f~rm of live entertainment, music Solo band orchestra, act, play, burlesque show, revue. pant:mime, scene, song or dance act". The presence -; ~ny waitress, hostess, female attendant or patron or guest attired in a costume :f clOthinG tn~t exposes t: ~ublic view any OOrtsOn Cf either breast Or below the arecla is ~nCluCed with the purview the ordinance. -Is- 000853 Allowing any pe"sc,.~ for C:~PenSeti:n or not, Or while acting ~S an ente~taine- c~ r-artiCi;..t~ng in any live act or cemonstr~t~on to: .,E.;r.P. oSe his or her genitals, pubic hair, buttocks or )ny pcr-t-i.~.q Of the female ~reast at or be)cw the areo 1 a..~ "- Woof: use. or employ, or permit, procure. counsel or assist another person to wear us~ or employ. any ~ev~ce, c~stume or covering which 9ires a~Dearance of or simulates the genltals~ ~uO~c ~a~r, natal cleft, :erineum or any portion female breast at Or :elow the areola. The a:ave proviSiOns do not apply tO a theatrical }~rformanCa in a theater, concert hall or s~mll~r establishment wnic~ is primarily devoted t= theatrical per'f~.rmanCes. The permit may also be revoked for conviction of the ;er.~Ittee~ h~S employee, agent Or any person ass;clare.~ wit~ permittee as partner, ~ireCt~r, officer, stockholder, associate or manager of: (I An offense involving the presentation, exnibltion or performance of aft obscene production, motion picture or play; (2 An offense involving lewd conduct; An offense involving use of force upon the person or another; and violence An offense involving misconduct with Children; An cffense involving maintenance of a nuisance in ConnectIOn. wit~ the same or similar business o~eration; or, if the permittee ~as allowed or. p~r~tted acts of sexual misconduct to be committed within the licensed premise. Massage businesses have traditionally by licens,ng. The latest changes r:gulatioPs :ec&me effective in November of ap~liCatiun for e permit now requires; been regulate'J in the massage 1976. The {!) det. i!ed information regarding the applicant; (z] n8,.~, address of t~e owner and lessor of the pr.;er:y u?on or in which the buSlneSs is to be co,~uc~ed, and a copy of the lease or rental '16' 000854 t~c r~guir~men: Of · scCi~l clu~ ~e:~!:. in jun~ c~s=r~c:icns cn the ~:eedcm of ass~c~::icn. Tc c~:e, i= ~s unkncwn ~:hc:n~: =~ Ci:y wi!] after! :n~ r,llin~ cr ~nd :~e or~in:nc~. 000855 ~e~ula:~on *' a~ul% , ,. entertainment ~usinesses has : in L~s Angeles, In ~9:~ ;he ";revzlenc~ of sex out Of massage ~arlo~s" csuse_~ ;ne C;ty COuncil t~en · . sa~e u~r~ against the Section 27 O~ (L.A.M C.) ~s "a g ~etar~s- ration of the social life cf the community." The orC~nanc~ provided: "(a} It snail be unlawful for any person to a~minister, for hire or re~ar~, t~ any person o{ the op~os~t,e Sex, massage. any alcohol rub or similar treatment, any fomentation, any bat~ or electric Jr magnetic t~eat~ent, nor shall any pe~'sen cause or permit in or a~ou: his or business or in cOnnectiOn with his business, any emplaye(. or Servant Or any Oti~er person under his control or supervision, to a~ministe~ any such tre..t~ent t2 any person of t~e opposite sex.~ This provision romaine~. in the COCo, in one form cr :no:nor, until a similar ~os Angeles County or¢inance was ceclarec invalid in 1922 ~ue to the preemption oF ;ne criminal as;acts of sexual activity by t~e State.~ In reaching its conclusion, t~e court referre~ to t~e discussion ;f the tos Angeles City orCinance in In Re Magi. This !~,i3 case upheld the constitutional validity ~; ~ne ordinance, ~n~, aco~rCing to the court, esta~lis~e~ the ~rimar7 ~ur:ose cf such orCinanCe as the limiting of criminal sexual activity. The late lg~O'~ en~ early igTg's brought a proliferaticn cf nude ~arS an~ sexual seam joints in the Los Angeles area. In !gGg, t~e Care Entertainment..egulaticns {Seation 103.102 Los Angeles Business Co~e) was modified to include s~rict ¢~n~r~)s On nudity ~see ~iSouSs~on infra). A variety Of Council motions were ma~e to control Oth'er types cf *a~ult entertainment' such as arcades, massage tarlots, newSracks. Many of ;~ese were tni~ia;a~ due tO Substantial citizen complaints, and same resulte~ in ~inal ordinances. See Table III pages iga to ig~.) n Re Maki SB CA 2d. 635, 1943. ~cticn Z7.~3.1 Los Angeles Municipal Code, 1938. .noestar v Mun(cfOal C:urt 6 C 3d 805, 1972. 00.0856 rlgula:~ng a~ult tn~atars an: :O0~S:oras. The t~a Oct:'o~t OrClnance. That Oecision was ~ance~ ~cwn ~7~. On July 13, I~75~ a Council motion was int.-sCucsd CounciTman WilkinSon reeueSt~ng a study of C:ncentrat~enS aouit ent=rtainment s!m~iar to tna; cf Octfelt. Table :[~ provi¢~.s a general!z~ summa-y of t~ major files and actions relating to adult entertalnmont. Whil~ net part of this study: a recently ~nact~d controlling on-site sale of alcoholic b~ve:-ages should -ecs~nTZ=~ as an attemot to control another alu!t-t:,pe us:. E~fective March ~, i~77, the Los Angeles Munc~al Cc=a .,:: ~;=anoa: to ~'~ouire a conditional use permit for th~ cn~S~tC :f aid:hellO ~everages. (Council File ~o. 70-2C0. C~ty Case No. 22878). Although aimed at the -~gulat:on :.' c.-.:~-social activities in all establishments serving :errrageS. the suOjcct ordinance would. of Ccu.'se also ,,~ve "~p'llover" effect with rCgarO tO those Ous~nossas ~nich adult ent:rt=inment as will as a~coholic 0everages. Sanerally, the OrdinanCe would= in all c~ses. r:cuire of ~ conditional use permit for any ~usiness selling :::nnolic :everages for on-site ConSumption. reth(r th~n :~: p.'cv,cus )'aCtlCJ Of ~ermitting'them as a mctt~r of right in c~rt~:n ::n~s. The advantage of the new procedure is t;~: as p°*.-~.~uisitc of a=Droval of an individual a~pli:a~:on. ~us: ~e a puPlid hearing to date-mine whether the pro;oso~ usc ~ll ~v: ~ detrimental effect u:on neerOy ;ropetries ~n~ n~ighbOrhOod in which it is b~ing proposed. In ~hc long tnc Or~nanC~ may prove to be an effectivJ devie~ to regulate uses (dispensing alcoholic beycrag!s) which t~nd to have ~eter~crcting effect on an area. soma of which may. coincl- cantoily, ;lso be e~ult ~nte~tainment ~usiness~s, 000857 000858 000859 ,.. ,... 8~ ~n ff f ctner ~ng the "marke: known ~S. An , withou: he rate ,ith %~e i~S were Survey ~S. The American in this }nificant 000860 10. Review of averlaDle ~at~ from ~70, including the r3Sults ;f a "clus:3- cnaiys's' description of Holly,root bass; on such analysts ;rs;a.'e'. oy t~c City's Ccmmunity Analys~s 3urnout An anal/sis of verbal an~ written testimony oOt~n~ at two. public meetings on t~is subject c:n~uct;~ on April 27 ant 28, ig77 by representatives of the City Planning C:mm~ss~on; A revie~ of various apOroach:s to the r~gulction of "~ult entertainment" businesses. including legislation enacte~ ~y other jurisdictions; An an,-lysis of existing Municipal subject; alternate forms of control. incluCing CoOe provisions relative to this general A discussion of earlier efforts of the City to control adult entertainment in Los Angeles; and A preSentatiOn Of't~e Los Angeles City Police Deoart~ent's teeoft dealing wit~ crime statistics and t~eir -elati.~n to "~ault entertainment" businesses in Hollywood. The actual "last sales price" of Commercial and .'~sid~nt~l properties in areas containing c~ncentra~ions Of "a~ult entertainment" busin~ss)s we-~ compar~o with t~e essssseo values of property in suc~ areas. The results .ore tn~n ccm~area wit~ "control cries' containing no conchnit(teen of such businesses. (It was found t~at t.~ actual sal~s prices ten~ed to parall,=l assessed values and that in other cases the compariSOn w~.s inconclusive. No furt:ler discussion of this aspect of the study is cgntainc~ herein.) In an attempt to determine any possible effects of "adult entertainment establishments" on business sales volume, the Department reviewed soles data from a Dun an.d B.'adstrect computer tape file far t~ years !gTO an~ i~7~. However, t~is source of date could not be used since it ~id not contain directly camparabi~ information for t~e two years indicat3d. (A substantial change ~n the number of member firms liSt--d apparently occurred crier 1~70.) In ~ddition= t~e Department requested sales inleTmotion from the City Clerk's Business Lic:nse File. The City Clerk aavised that t~e generation Of t~e information requested would require i00 man-days of wor~; consequently their info-mction could net be obtained within the time constraints for camplut~on of the study. .. -zz-- 000861 (primarily :hearers, ar:ades and ~cc~s:~res), :~is area was no~ s~l~cta~ ~:: anaiys~s s~nce no residen:i~i ~::Fcrties has trad~:Icnclly ccn:~ined burlesque ~nec:ers, arcades, bars ~d similar :ypes cf es:aD!isnmen:s,' and there has been nO s~gnifican: change in :his gener~!ized pa:%ern cf land use during zhe pas: ten yeer~. In the ~cllywood area, the fccal points cf 'cancan:re:ira are at the f~llcwing ~ree in:ersec:~cns: Santa Bouleva:~ an~ Was:era Avenue (canraining !l such businesses); Mcl!ywcad Boulevard an~ Western Avenue (9 such businesses); an~ Sclmna Avenue and Cahauenga Bculcvar~ (ccntalnin~ 7 Such buSinesSes). In $~udic City, t~e fccal poin= is ease of =he main in:ersectlcn of TuDunga Avenue and vi~Reland Avenue (at Eureka Drive) which c:ntains adul% entcrzainment businesses; and in North Mc!!ywccd focUS of canaan=re=ira is at [.anKersnim Bculevard and Vineland Avenue (ccn=ainin~ 4 Such businesses) =n the ~c!!ywcod area, pra.~erty within an a~rcxima:e 1,O00-fcc: radius cf =~e aDove named included far put~cses cf analysis. In S:udio City i: was a~r~xim=te !,~0Q fcc= radius c~ =he in=ersectic~ cf Eureka 1,500 fort radius cf. the in:~rsec=icn cf .ian~ershlm Bauleva:~ and Vineland Avenue was selected Ear analysis. 000862 areas" were eSt1*.lisnec i~ He!ly.~oc~, each cri.~natl~ the intersection cf :~o m~::r streets ~n~ ~!sc all pro;arty w~tnin an ar:rcx:~ete 1,000-foot radius cf the street intersection. Canttel ~r~:S were esta(~!~sneC Santa Menice B~ulevar~ an~ Ver~ont ;venue; HcllywO~ Boulevar.~ and Highland Avenue; en~ Hcllywc~ Bculevar~ and Gower S~reet. In the S~n Fernan~ Valley, Exhibit "~" lnCicates one control are~, c~nteree at the ~ntersec%ion of LanKersnim 8oulevar~ and W~ipple Street, and enc;mo~ssing property within a radius of approximately 1,~00 feet that intoseCtion, relates ts t~e t~o no~es cf C~ncentrlticn in Studio City an~ NOrth HollywoOd. None Of the Central areas has adult entertainmen~ businesses w~t~in its boundaries, with the exce.*:ion of :he area surrounding intersection of HOllywoo; aculevar.~ an.~ Gower S:r.-e: c=ntains one Such business. Table IV, indicates the .*ereant:to chan.~e ~n assesseU lane an~ improvement value frS~ july !970 t; July 1976 for the c~mmercial an~ res~Centiel ;r;;erty enc;.~o:ssa~ by az~licaDle radius surr~un~n~ each CF the ~ive no:as COncentration, together w~:n their corres:Onc~n~ contr~I areas. FOr ~ur~CSeS Of c:~:ariscn, the same ¢a:a is shown for the entire City an~ far the Community within ~n~Ch StUdy areas are loc.*tec. Since c2. ncentrat~-.ns of ~ult entertainment businesses ccul~ have a parti:ular ef~eC: the value cf other 'bus~ness ~rc~ert~os ~n an area, separate tabulation is also shown far only Zoned lan~ within each StuCy an¢ c:ntrol area. (T~oie As indicated in Table IV, the !970-76 ;erc~nt~e change in total assessed "market' valuation of c:~merci~lly and residentSally ZeneC property (lan~ :lus improvements) increase~. in all three areas in Hollywood c:ntalning ccnoencratiens of a~ult entert:lnment businesses. However, there was some variance in the magnituCe of the increase. Changes in t~e'three $tuCy crea rioCos were Z.7~, 8.71, ant 3.41 percent; eomp~,re~ wit~ increases in the :Nree cOrrespOnding con~rol area ef !2.53, 1.94, and 5.09 percent, respectively. The study ar~a no~e lee=ted at Santa Menice 8oulevar~ and ~estern Avenue increased by 2.79 ~ercent, compared with a substantially greater increase af ~{2.S3 percent in the 'COntrOl area' associate~ with t~at nude. Total assesse~ value within t~e study area surrounding the intersection $eim( Avenue and Ca~uenga Seulevar~ increeSe~ Dy 3.41 percent while the associated control area increased by the slightly g~eater amount of 5.09 percent. In direct contrast to this pattern, however, the Hollywood ant Western node registered an 8.71 Pc,cOn; increase, while its corres'pon~ing cOntrOl area inoreasecS ~y only 1.94 percent. 000863 -34 - r .',, 000864 000865 000867 Hollywood Community or tn~ City as a whole. In the cast of the study {raa nodes locat2d in t~e San Fernando Valley, the pat:am SOPears t~ ~e somewhat ~ore spurious. The study arsa no~e can~zining ~ult entertainment businesses loczte~ in ~tu~io City <centered east of the into;section of Tujunga Avenue and Venture Boulevard) increased by 64.gl perc.'nt--the largest increase Of any of the areas znalyz-~d. In direct contrast, the "a~ult ent~rt.'inment node" located at Lankarsn~m Bou!~varo and Vineland Avenue increased ~y only i2.61 percent. The one "control area" associated with these two S~n ~ern~nto valley noOeS increased )y ~.76 percent -- a suDst~ntlai!y greater gain than the North ~o!lywood nod~. ~ut 22 pa'cant ?aSs than the Studio City node. (Whether t~e short perc=.ntago inOre,'Se shown for the Studio City no~e w~s the d~rect r~sult of a r~cent r.~esSesSment cZnnot ~a r~ily c2termined.) 7he increase in 8ssssse~ value within t~e Stu~ C~tv study ar=.a was virtually the Sam~ (s that cf th~ 3ntlr~ ~She~a/~ ~-~tuc~o City Community Out almost twic~ the PerCentzgO gCin ?dr CommerCial and residential proPertieS ~n t~a antic.- City. The' NOrth MOllywood study area ~ncr~.,'seo by a cons:caraWay lower percentage than the Nort~ ~ollyuooc Community and the City as a wnole. Wit~ regard to COmmerCia1 orooerticS conslder~d s)~:tely, Table IV-A revea,s that one percentage change ~n .~ssasseo values OF )Grid and improvements CornDined was g~ner,,.l'ly lower in all study are,'s than in their Corr.~spon~inc. control areas. One notalia exce~tion~ however, 'is the ~anta Menice Boulevard ~nd Western Avenue no~e which increased by ~.l percent. while its COrrespOnding cOntrOl area {Santa Menice anO Vermont) decreased by ~.~8 percent. In Mollywood the ~h~nga in assessed values of all study and control areas was l)ss than in the~ entire Holly,odd Community. In the ~an'l:ernando Valley the two study or:as )dOn increased less than the entire communities within which they are situated. 2. ConcTusion - Chances in ASSeSSed ValuAtion On the Desis of the foragerrig. there would seem to be some basis to conclude that the ,'ssessad'valuation c? property with. in the study £re~,s containinq Concantration~ of ,'dult t~ ~=esser ~egrej !.~an .~ ,*, ' -.. cr:;S -i ou _ 000868 -25- 000869 -~.- = re,arCing the effects, i~ any, of SurrOunOing neighborhoods. No:ice of t~e hearings was Du~li~h~ in local news;apers~ aire~ on redio~ mailec~ cOmmerCial 8n~ multiole resieential ;roOer~y within 500 ft. radius Of :~e study areas an~ also to persons who nod previously res;onaa~ to the Oepartment's ~uestionnaire. The first meeting was held ~n MOllywOod On ADril 27, ~g77 at La Canoe Junior Nigh School. The second meeting was conducted in NorthtiOga on April 28, !g77 ~t NOrthtiOga Junior Nigh School. ~o:n meetings were conduc=ad :y Planning Commission PreSi~an= Suzet:e Neim,~n and Planning Commissioner Oan~el G~rCia: wi:h ~e:u:y ~:y A::crney Chris Fun~ ~TSO in a:tanoance. Ouestionnaires were available at the meetings COnvenience of those wisning to su~mi: their commen~s in writing. A::2n~ance was :pOroximat~ly 2C0 persons at :he Mcllywcod ~:ing and 300 persons at t~e Northridge meeting. A ~:tai of 60 Oarsons a~ressed the Commission. The following summary of the comments received by the Commission. (T~De rc::r:ings of t~e hearings era available for review unoer Ci:y =1:n Case Number 25475, in the Planning Commission O~fica. 5~i-K, Los Angeles, City Mal1~ telephone (2).3) aeS-S07%.) '%e most prevalent type of comment at the Hollywood meeting ~n expression of fear of walking in areas where "adult )ntertainment' and rotated business are concentrated. This tonCorn was expressed bet~ by parents, reluctant to allow their ~nildren te be exposed to offensive signs and wares, ~nd by omen and elderly persons who feared walking in the areas air,or the day or evening. because of the incidence of crime in tea. Spaoiftc instances of solicitation and other crimes were eo~tad. Some proprietors testified that they fall their ~sinesse$ have suffered, due to fear on the part of their ~stOmerS, Other common Statements concerned: PhysiCal or economic deterioration of the ~rea resulting from t~e influx of ~dult businesses. An increase in street Crime. Offensive signs and displays. A need to use existing light abatement' Co businesses. enforcement tOOlS: SUC~ aS "rOd control 'adult entertainment' 000870 t~ea:er ~n the area use, ~ reoresent~:ive Of the "Pussyca., Theaters" informed =~e C~mmiss~on ~nat a survey .,aken by the theater aaeratorS indicate~ that the majority of pa.,rons were class, ;nat mast were regist~re~ voters, ano '.nat many were marr~e~ an~ ~a~ collage e:ucations, It was s:ate: t~at a large humoar of t~e patrons were found to resiO~ within a ~ew miles of their theaters. The reoresentative of this theater chain axoresseO ConCern at the "lumping" Of all adult entar=a~nmen= businesses into One classification. He felt 'that in terms Of aesthetics, clientele, and effect upon the neighbOrhOoch, the theaters were not in ~he same classification as some other types of adult businesses. {The Commission reouest~c the wr~t.,en documentation of the survey; however, it has not received to ~eversl s~eakers at the Nartnridge meeting exPreSSe~ concern that the City even felt it neeaeO to request t~elr o;~nvon such a suPjet:- They felt that their O~spleasure over ~iStr~but~on aria disolay of pornographic ~eEerlals snoul¢ ae o~v~ous. Citizens also inOioate~ how they ned Dean ~or .,he olosin~ of certain establishments in the ~an ~ernanoo Valley ~y p~cketing aria other means. ~ame speakers .-nat =~ey were diSt~rbe~ ~y the availability aria cis:~:y =oscene mater~ai in ¢ru~ st. OreS aria supermarkets. following iS a summary listing of spaceFit relevant comments from the two meetings: HCllywao~ ~eeti~a (Aoril 27, 1977} It was allege~ that organized Crime iS in the sex service business an~ that this is a S64 million local )usahess. Hollywood and particularly Hollywood Soulaward was once Cultural center; no) there is a different class of peaale. This is a degeneration of Hollywoo~ and Hollywoo~ BOulevard. e In HOllywOOd, due to fear far safety, peop)e walk around in Zoning is not the ultimate resoense to obscenity: there are public nuisance laws, red light a~atement s~atuCes, etc. There was concern about the effects on children; parents in HollywOoO indicatea that they did not allow their children to walk unescoriot: there are too many muggangs ano attacks. There are problems brought on by the changing population of the area: street fights, acts of m~scn~ef anO minor property damages have resulted. 000871 shop. A ~e~r~sent~tive of a l:cal ~yn~o~ue st~t.~ :~a: ~lo.~rly w~re ~fr~id ~: w..Ik to r.~ligious serviccs ~n~ c~r ~oollng haO Oe~n A reeresentative of the HOllywood Businessmen's Association · dviseO t~at 50 pe-c.~nt of the sex crimes rePOrted {in the City} war3 in the HOllywOOd area; that since c~e Police ~ave closed some Sex establishments Crime ~as OrCDaeQ; t~at :~ult entertainment businesses have cCntributeO to a :etericr~t:ng c:n~ition in Hollywood; :h~t t~ere is a !30 :ercan~ turnover in SChOOl attendance; that the bus?hess ~oens~ ordinance s~ou)d ~e modified :o require an nv~rOnmental imoact report and proper Sign Controls for ew establishments an~ that notice Should be g~ven to erscns w~tnin ~ne-half mile; he also reiter~:eO t~" -aqitionaI buSineSSeS were leaving the area. Selma was valued at ~12.50 Per sd. Cen:)y it wee worth Only ~8.~0 per Sq. i~:e Me~tina F~Oril E~, !g77) -epresent3tive of the North Hollywoo4 Chamoer of Commerce /.leatea that adult entertainment businesses ,.ere an ;nomlc and social blight; that the Police Ccmm?ssion was help; that they had proposea the M] Zone for these uses; t we need more police aria sBould m~ke greater use nt a~etement; that the AlcOholic Beverage Control -rimant s~ould do more. ims were made that the Pussycat Theater in North lywooo was a dangerous environment to women and ~ren; that in the recent ~ast Z teenage girls ~aa been :sted and a woman h~d teen attacked en~ had to jump ~rom aucy Shop owner near a PussyCat Theater indicated she onger stayed open in the evening because her customers afraid. entertainment businesses shou]d be requiree to rent in "Class A" buildings. e 'us persons objected to newsreelS, o~sc2ne material, ems of congestion and ingress and egress. '30' 0008?2 · its Cues:ions wer~ ;:Se~, ~s t: whether ec:nomlc ~nC f lanCi~l c~ntrc1 aCult ente~ts%nmen:. Claims were ma~e that aoult entertainment =uSiness trine crimps an~ violence to the area. A s;eaker state~ that bot~ the Boston an: the Ootrc~: ordinances are unac:~table. "You c~nnct c:ntr:l pornography ~y z:n~ng", and opposition t~ the z:n~ng approach t~ coStentry was expresse~. "California is t~e torn:graphic capital of the world." P~c:le are offant)e.~ by :~ornc~rapniC material in Ce:srtmen~ st~res, ~ru~ st:tea, su:ermaricets, etc. ~he recant AngelQs C:unty newsrac~ :rClnance was ~iscusSaC. One ;arson ;;se¢ the Question 'why ¢on't we h~,/t an Environmental Impact REpOrt F:r pOrnGgr-~pn,C businesses Churc~ re~reSen%ativeS and a teacher at t~O ChriSti'.n SC,~:cl were c:ncarneO ~Pou: :heir mem:erS an: cniiCr~n ~eing exDcse~ to pornographic advert.iSin~ ~isPl~yed I,:nkersnim Theater an~ Pussycat Theater. They are to le~ their cnil~ren :us cn the streets. It was state~ that "we should use civil, ~ublic nuisance ano red li~nt abatement t: c:ntrol a:ult entertlinment businesses." Conclusion In summary, the overwhelming majority of speakers felt that the c:nCentreti~n of "adult entertainment" ~usineSses in their neighborhood was detrimental, either physically by creating blight or economically by CeCreasing patronage of traOitione) businesses; or socially by attracting crime. AS a result of increased crime, near~y residents have become ~earfu1' and have been forced tO constrain t~eir customary living habits in t~e c:mmunity. Although tile testimony obtained at the public hearings would t'rom a subjective point of view, substantiate t~e c:nclu$1cn that "adult entertainment' buSinesSes have 4 deleterious :n the surrounding community, the Staff is of the opinxsn that legitimate questions may have been posed by the Pussyc~: Theeten representative regarding a single classification all "adult entertainment' uses. There would appear t; be some basis t~ support the contention that certain types ef such uses are more-"objectionable" than others, and that negative e~fects .~ a particular type at' business might ~e minimized, delaenc:ing )n now the business is oper~tecs ana advertised, 000873 ' In Order t~ dot;rminr~ ~d:T:iCn~! f!:tu:'~ cz:a re!~s,~g tc :no su:j~c: ~,nd :o see~ :no c:mments ~nd c~?n'cns 3f ~rooer=y owners. buSinessman= .'ealtcrs, r~l estate ~Car~s, real estate abpraisers~ ~e~res~ntatlves cf ~an~<s! Ch~ers of C~mmor:e: ~n~ others, the DeOa;'tment csn~uct~d a mall survey. Two questionnaires were aeveitoe¢. One ,~s designed primarily for busineSsman and residential prs~er:y ~wners one is heroinafter referred to as :he ~ener~l Questionnaire. The second was Oesignod FOr realtars, re~i estcte appraisers and lenders and is heroinafter re?err~ to as the Appraiser Questionnaire. A c:qy of :n~ t'~o questionnaires is c=ntained in the Ab~:endix. ~he c=~plet~o queStiOnncir~s, together with other Totters relat:ve . t: this subject, are on fil~ in Room ~!O~ Los Angeles Ci.ty H~ll. The General Questionnaire was mailed tO all prc=erty earners {cf ct~c~ than ~cDerty in single-f~mlly usa} ;,;:~ "a ~O0-f:~: radius Of each of the five s:ucy ar~"Is. e questionnaire was also distriPuted tO v~.'~;US community g~:uos (including local and area Chumoars of Ccmmercaj ant at the qualit meeting in Hollywood and in ~or:nr~age. The Aopraiser Questionnaire was mail~q to all memoors the American institute of ~eal Estate Appraisers L:s Angeles City aq~ress one t: memoors of the Association of Realtors Lfnose office is locz:e~ in vicinity of the study areas. Each of the two questionnaires Canrained s:'.C~s for a respondant tO chec~ answers to a series :f qUestS:ha r.-lating to the overall elfeat {if any} + sf adult entertainment establishments On nearly pr:perti'es. It Shoul~ De emphasized that the De~rtment intentionally structured the 'aDjective resQonse" portion of the questionnaires SO as' tO reduce "bias" and to solicit the maximum r~nge of reSponseS tO any s~ecific question. For example, a respondant could chec~ "positive": "negative" or "no elfeat~ in reSPonse tO the quaarSon... "~hat overall effect do you Feel that adult entertainment est~)liSh-- mentS have on a neighborhood)?' In addition tO the direct response portion of the questionnaire, information cf a more subjective nature was also solicited. For ex~.mDle~ after each question: space ~as provided for a reSpondant tO list an~ cOmmentS Or examples ~hich might-pertain to a specific question. The beginning o? each questionnaire also invited the r:Spondent tO wr. ite comments in the spate provided or on a s~-perate sheet. 000874 *'32 ' : . ~usinessmen~ reel est~'te :~;'a~Sars reDr~_santa-'iveS ~~ ~n~s ~n= savings owners cf mul::;le-un~t .'!SiCan~i~l ;~=:~t:/ ~nC o=ne~s. Of t~iS'n~m=er. 6~ questionnaires ~ere -eturne~ to ~e Oea',,P~ent (an overall :7.~ rate-c'f return). In' ~ition~ the PeaaPpoint received :.97 c~mglete~ ~uestionnaires from pr~aerty Owners in City. These questionnaires wer~ dist~ibut~a in a P.'!vate mailing by "a privcte individual. The suPjade include~ a repl.ica of the Depa.-t~ent's questionnaire: t~ge.ther with w.~itten materie. 1 alleging City in~ent to create an a=ult entertainment z'~ne in 5tudi; City {copy !nclude~ as Appendix D-2}. Ac~Drding t: the Subject i~ividua)'s testimony at =no public ~e~ring :n A;riT 1977, If. ODD replica duestlcnnaires w~re mailcol, Cue the ~rejudicial nature ~f t~a mailing~ these quast':anna~.s are no= inclu~ea in t~e study, H~.wever. the s::fF ~,~ t-'Dulate the suPjeer r~s~ns~s and ~e summary are included in.'AoDendix 0-3. All responding tO toe aDove m~iling w~,re sent a mem." ~r:m OeDa~=m~nt: ccrrectin~ the ~isinformati~n (c:py inc~-'-,dac Appenaix D-Z), solicited in t~e oajective portion in each ~f the t~o types af questionnaries iS )resented below. A Summary comments follows: GENERAL Q~ESTZONNAIRE - ~ESPONSES'- TOtal no. of. responses , S81 = !6= eaturn To~ai no, of quest~;nna~r.es ~at overeli effect do you feel ~ adult entertainment establishments ;re ha~ on a Positive iect on t~e ~usiness con~ition ~)=s & p~ofi~s) in tna a~ea: 4~(7.4=) fact an ~omes {value & appearance) ~t ent3rtainm~nt businesses: 472(81,2=) z5C4,5~) 000875 fFf~c: :n ~c~es (vatue & a;;eal-,.lnce) in :~ area loc~:~ 500 ~ee: f.,-;m .-.cul: en:er:~inmen: aus~nesses? ~c ~u be]fore ~e es:aDTisnmen: of :ies ~n t~e v~cinity ~f your business haC ~ny af the following effects? :ncse eff~c:s whic~ you feel have cc:urreC.) !5 (Z,~%) l:wer :~xes less or:me {53.7~) mcre crime im;rcve~, ne~hbcrn~Cd' a;;e,~rznce ~USlnQSS (7!.6%),~eteri;ra:ec neignocr~oc~ ~ppearance litter 8 {I.~) at~er (;lease s;eci~y) far tally.) 4ave you seriously cOnSi=ered ~oving your business elsewhere :etause of near~y concentrations f acult entertainment businesses? '7 (28.7~) Yes 165 (28.4=) No you consider ex~an~lnt in ~ 14.3~) Yes 17._/7 (30.5:} So 000876 -34- :. t~ere ~n your area {Please check a~rc~rlate boxes.) parlors t~ea:res (32.7:) pee~ snows 2.:0 (4~.3:} motels 237 (=O.8X) bars with x-rate~ en:er:ai~=en: 3 ~tner sex S~ODS How far from your busineSS is the nearest adult entertainment establishment? (NOt taouiatec ~ue to respOnSe. l~m~tec 000877 ~erce~.,ed t~ ~eve occur~eo. ~annot :e re~:l,] c~:e~:~m~:. !t:~tude~ of t~e res:on~Cnts t~wer~ such ~usinesses, :~e c:nclus,cn ~ust D~ ~rawn tha~ t~o overall affe~t on surrounCln~ prOpGrties IS consi~ere~ to )e negati'v~. Among the adverse effect% of acult entertCinment establishments cito~ by businessmen Difficulty in renting offic~ s~ace Difficulty in kee~ing Cesira~le tenants Difficulty i~ recruiting employees Limits hours of opera:ion {evening ~ourS) Deters pOOr:nape f-Om women ~nd families; gGner:! re:ucec patr=n~ge ~f those businessman indicati:g t~at they have no: ser!:usly }nSi~ere~ moving becaus~ of near~y concentrations of a:ul: ntertainment business, the most: f-~uen= response was th~.: they n~O een in the ar~a a great ~any years, an~ to establish elsewhere ~u)~ be too risky ancUOr t~at their investment was too ~reat to re. A few responDants indicat~ t~at it is the adult ~terteinment businesses that should move. not they. few businessman commenting t~at th3y would not. consider :anding in their current location indicated that t~eir ~usinoss not warrant cxdanSten~ ,oral buSinessman indicateU that their businesSeS ~re relatively flitted by nearly a~ult entertainment eStablis.~montS. Amon~ the inesses cited are ~ ~ommer:ial art Stu~lio{ a builtling trcdes tractor; a mail cruet business; ( telephone answering s~rvioe and nolosolar. ~g the few positive effects cited by businessman is the increase ~usineSS for Certain nOn-a~uit entertainment businesses such as · iSt-sQrving buSineSSeS (e.g. car rental ~gencies). "The bSd ¢t it m~g~t have is cancelled out by t)e business it does act; x-rated theaters attract tourists.' resPondants commented on . the Crimes associated with adult 't)inment ~stabliSnmentS: prOStitutiOn. doOe, t~eft, robbery, A h~gh percentage Of reSpondantS report they do not feel safe ch areas. 0008?8 many c:mmen~ s,~a::,/I "~ - 000879 StiOn ~hat ~ffe~t.~oes the concentration of a~ult entertainment este:lis~encs have on the ma-~at value of business property {lanao struc=ures, fixlureS, etC.} lotarea in the vicinity of Such establishments? Wh~t effect does the concentration of adult. entertainment es:.,blishments' nave on t~e rental value af business lroDerty !CCSt~¢ ~n the vicinity Of such establishments? ~hat effect ~oes t~e c,~ncentr~tion of ~uTt entertainment establishments ~eve on t~e r.ontabilitv/se!e~bilitv f business property )oc~o ?n the ,~c:ni~y 'ant or sell property; rate of lessee/ uyer turnover~ conditions ease, at effect does the c~ncentration of ~ult entertainment establishments ~ve on the annual InCome of businesses lcate~ in the ~icinl~y e~ such ta~lishments7 : any business owners or proOr~Zet~rS nsi~ereql reloCatfng Gr not expanding air businesses because of t~e near~y ~centretion of a~ult ent~rta.i~ment :aDlis~.m~nts~ -ecent ye-ars, her the commercial :ality {sales, profitS, etc,) of any · a in t~e City of ~o~ An~ele~ be~n ~cte~ in any way by t~e nearby centration of a~ult entertainment a~llshments2 increase in value de cr?.ase in v~lue no effec~ no el:act increese~t inC:me 2 ~ecrease~ inc:me yes , 23 (28.4 net known yes no. 29 no: known - - increase in value ( ~ecreese in v~lue (~7.~% increase in rent~.~ili:y/ saleability 3 {3.7~) decrease in renta~ilit~/ - 000880 SS residences lace:e~ ~:n~n :he f:~lowing distances fr=~ such than 530 feet 2 (3,8%} ~8 (90,5%} 3 (5,7~) 53 iOOO feet Z (3,6%) 5! (91,I~) 3 {5,~%) 55 then 1000 feet 1 (3=) 29 (87.g%> 3 (9,1=} 33 What effect does the concentration Of adult entertainment establishments have on the r~ntal value of residential income pr:;erty )ocateo within following ¢istances from such es:a:lisn~en:s? ~ncre~se Decrease No effect s :nan EOO.feet 2 (3,4:) E! :hen iZCO feet 1 (2,8=) 27 {~5~3 Whet effect ~oes the concentration of ldult enter:ainment establishments have cn the rent!~illtv/salea-~!~tv of residential property iotatea w~tn~n following ~istan~es from such es:a~lisho ~ents? then 500 feet Increase Decrease ZOOO feet than i000 feet 1 (2,8%) Z8 (77.8=) ?n regard to the questions setforth above, !fleets .hio~ you believe !ntertainment business has on the concentration each of the following: 3 {1.7:) 29 7 (19,i:) 25 please describe the 'c~ertv values of surroundthe: Unknown NO effect ommercial property asidentia) property sneral 4Z (el.g:) 38 46,9~) 2 1 000881 Res~den:ia? Genera] vacancies Number Length Rate of tenant turnover Annual business income C;~lafnts From cust:mers r~=l~entS ~ue to c:ncen=~a=ian Yes Ne~gh~crnooa a:pearance Crime Litter Other (Piea~ specify] NO r~sZ~nse 44 49 (~O.S%) 57 31 2 -40' 000882 Total no. of responses = 22 ~ue ~o distribution, Certain realtors received t~e ~eneral 3uestionnaire rather t~an t~O AppraiSer Questiznnaire. FOr ~nalysis ~ur~oses, t~e subject responses ~r~ ta)ulata~ :ep~rateIy and analyze~ toget.~er ~th the ~eSPOnSaS :o the Opraiser Questionnaire. ' ~erall effect do you feel :ult entertainment snments have had on a r~ood: Positive Ne-Jative NO ef~.ct the business condition profits] in the area: :n homes (value & e~Dearance) ..-ea i~medi?.tely a~jacent to 'attainment :usinesses~ . homes (value & appearance) o~a located SO0 feet or more It entertainment businesses: Z~ (g!~) 2 ~lieve the 1 nent of adult · ent facilities cinity af your has had any effects? ~ec~ all ~ots w~iCh lave Occurred.) 25 (31.3~} no effect 2.· (91~) decreased prop(try {71.~) lower rents values [70%) vacant businesses O ~ncreased prO~erty values (70~) tenants __3 (g.~,%} lower taxes moving out {70S) complaints 7 (Z!.9~}higner taxes from customers less crime Z3 (gl:) decrease~ business activity 2...~ (81.3%)mere crime O increase~ business s e:ui: -42- 000883 ~ a ~escr~on of th~ socig-~ccncm~c ~nd y census data. 5uc~ c a:scr~ptinn may ~rcv~ tc :he unaer~ying F~.c,,orS c=ntri:u:~ng tC the ion of sex-oriepte: Dullness in t~ ar~aS under -e~Or~ Pr~,~are~ ~y the Cl:y's .Community AnalySiS Concerning th~ "State of tie City".' ~n ~e CA8 ~as utilized ~ st.,tistical tecnn~que cluster ~na!ysis': :a iJen:ify ~pecific areas C~ty wnic~ nave common char,.tteriStiOs, as census data. In c~nduc:ing this study, t~ CAB 6a c~nsu~ ~ata items {Or variables) which :m the 'entire splctrum of Soci-~-eccnomiC and :escr~ptive acre' i,,ems availcJol~ for all census ~e City. )3veil, the "census tract" bein~ the smallest area f:r wnic~ ~at~ is maintained and reOortecl basis. There are 750 suc~ census trot: areas each con,,aining a population Of slightly fewcr rsons, on t~e average. The five Study area ~our control (real under Study heroin are thin portions of 25 csnSus tracts, !r variables' which molt' accurately describe a ~.nsuS tract war: use~ by t~e Community Analysis a manner as to combine those areas w~ich Similar CharaCteriStiCS. As 8 result of this t~irty .cluster groul~s were established City, eac~ suc~ cluster consisting of one or facts, each census tract within a particular more similar to ot~er parts of t~at cluster 'nor geographical section of t,e City, t~re{ lucec . st~ng frzm The now ~en: r- old L~CCO. The 55. foml]y ~-lCwer high .ransit two or :rlmln'. ty - A Cluster :unity Anl)ySls City 000884 aPPrOaChing '~ilshl~e Sou'evar¢. South ~oulev~r:, the ~c:ern remains one units, Out these ar~ genera]lZ ~nterSo~rse¢ wi:n homes or a~e :he ena ~ro~uc~ ~f converteO ;~o an~ :nre~ StOry frame houses. Hel~ywccd is similar, but is has several sfngle family residential areas an~ ~aar:=ent encroachment ~ppe~rs tO nave more cf an '...Most of th~ cluster's !0~,700 dwellings are ren:~r occupied, including a majority cf t~e homes. MeDian rent averages SlOe, but !7~ of the multiple dwellings ~re available for less than S~lO...'° '...Single family residences.are a small proportion he t~=a) housing stock and like the ~rea's part~ents, many predate World War ~I, Few cf the ssent~ally single family residential ave the kind c~ Zoning pretec:i.*n which redu~res :.'.at ~w ConS:rut:iOn be single units. Replacement housing ,s tencad t: Pe large apartments. ~mes ~,/er~geq .j,O00 in median value, which is more ~ faC::r .n~ than the imor:vements. Much cf the lena west Stern Avenue aojelns the mere expensive Hanc:cX ca...' ..Cluster' !~ has one of the highest =coulcticn ,sities in :Me City, 19,080 persons per square ~ile, exceptional for an apartment area, I: a)sc h(s highest cluster average of elementary school nsiency P~tes-oa~ for inCOming students (n~ ~: students leaving. This mobility of t~e ~si~ents not seem tc ~ffect the median sixth grade rsz~ing re. It was adore the City average. The cluster 8 park sites within its boundary ~nd iS also ,ed by the more regional recreation areas cf Echo :, Me:Arthur ~ar~ and Griffi;h Park all c? which w~thin access...' ,'he incidence of burglary per tO0 improved' p~rcels ig~, a partial relieD:ion cf the large numO~r of ling units per land parcel. One of the mere. ~rbing aspects of t~e cluster is the suicide Outside of Downtown, only three of the ctusters ~igher rates...' 000885 'C /wCC-~ ~re-~s S-.uCy ~re~; two SUCh traC',s ~n NCr~ NC]lywcOd; c Tm. sus =rac:s re~resen:img :~e "control ar~a' Fernanna V~lley. (One of the "COnfrO] area" ~rms pert of t~e 5:u~io City Study area.) The CAB's G]us:e, analysis reveals that ~hes~ each: ~if~e~ent census tracts ~re all quite dissimilar, inasmuch as the seven t,~cts. are c:ntaine¢ within six different "cluSters". A detailed ~escription of each of t~ese six ~luS:erS would not be practical f~r purposes cf t~is Study, ~ow(ve~, a summary cf certain' ~ey variables a:tr~u:--~l( ~ t~e two study a~eas in ~tudio City ~o~th Hollywoo~l~ and t~e one ¢:r~es~:n¢int c:ntr~l area might be inStruCtive, ana is t,~erefore presented in Table V follouing. For purposes of comparison. the data is als~ sAawn far t~e City as a whole. -47- 080886 F ~A~ ............. AND ........... VALUE~ ;:oulation per sq. mile 5,7~2 Persons 0-!7 18.4 PersOnS 65- I0.5 Whir3 {nOn°Spanish) 92.0 Saanish-American 6.B Families w/female heed 10.5 [Lankersnim & 18.2 17.9 85.3 0 13.7 1~.4 (Lankersnim Entlr! 5,893 .6=041 i~.7 30.2 IB.2 i0.1 90.7 O i7.2 7.7 High School ~roDou:s, 25 & older Z2.1 25- who have finisle~. 4- years college Z2.O 38.6 10.2 2~-.3 38.1 18.3 13,9 lr:ximata median ~ emily inc:me : 'w~ize collar em~loye~ 80.4 % unemalcyed 7.8 % families in poverty 3.7 : families receiving welfare 4.3 l-unit structures AP(:roximate median value, owner occupied units SBg,141 ApOr~ximate median monthly rent, tenter occupied units $ % af owner .-coupled, i unit, structures built before 1940 24.1 of tenter eccuplecl, 2- unit structures built before 1940 lO.g S g,~71 =12,~75 St:,E35 60.~ 77.3 57.4 6.1 g.! 7.0 10.O 6.6 7.6 ~..7 9.9 48.9 34.2 ~1.7 S25,33S 123 52.4 S35,530 SZB,700 129 $ 107 52.2 13.9 21.8 30.7 -48- 000887 C:mDa.-ison of 22 Variables frc~ l~YQ Census Descr:bin~ Studio City and ~or~n Hcl!ywOcC Nc~es and CcrrespcnCing Control Area $ VA~IABL~ A~EAS ............ I~D ............ Studio City Nert~ Hollywooa Control (?ujunga & {Lankersnim & (Lan~ersnim Entire Vanrural vineland) & Wh~le) Assaults per 1O0 population .46S .37~ .47a AceParSes per !00 population .172 .267 .I70 Burglary per 100 iml~roved parcels I~.86 10.94 1~.5 !4.9~ Total Arrests par 1O0 pcoulaticn ~.23 4.25 4.!0 8.25 ~arc:ti~ ArreSl:s per 100 On the basis of the foregoing 1~70 Census ~ata, it is possible to develop a general ~escriptien of the two study area m:des ocntaining a:ult entertainment businesses in the valley, As indicated a~ove, such a ~,script:on must necessarily be based on data a:plying t: enti,e census tracts, even thr:ugl~ t~e study areas may portions of tractS, Res.idents cf the 5tudi~ City study area node in !970 were predominantly an upper m~e income group, wit~ a relatively h~gh percanto!So of collage ~raduates. High sobeel dropouts were considerably below the ~-ityw~da norm. Eight out of tan employed persons were in "white collar" jobs. The percentage of families receivin~ welfare or in poverty status was oonsiderably below the citywiee percentage. The unemployment race was slightly hifher than t~at of the entire city, The median value Of owner ocou:ied homes in the ~tudio City area was more than ~2,400 higher than the City median, About one-half of the housing units were one-unit structureS, Apartment rental rates were also ~igher than the city as a whole. The percentage of one-unit, owner ncoupied housing units ~uilt ~efnre i~40 (24.1 percent) approached the citywide median of 28.~ poreant, With regard tO crime statistics (as of I~70), robberies per I00 population in the ~tudio City area were below the rate for the city as a whole (.172 and .4~4, respectively), althoulh the number Of burglaries per 100 improyce parcels {13.86 was close to the citywide rate of 14.~6, Total arrests per 100 population (4.23) wer~ about one-half of the 8.26 rat: whic.~ prevailed citywide, 000888 F than t~E S~S,$Ta me~n inc:me cf r~s~en:S in t~ S:u~ic City ~tu~y area. were in "whit~ cellar" j:Ds in NCr:~ HollywOod, cZmDara~ with 80 percent in $tudic City and 57 per:ant in the ~ntir~ City. The percentage North HOllywOOd was considerably higher than i~ S:u~c City (iO.O per:ant and 3.7 percent, respectively). The mereant Of families in North Ho!lywoOd receiving welfare was higher than in Studio City, but l~wer than in the :ntire c~ty. Unemployment rates, however, were lower in North HO!lywo0 than in ~tudio City and the entire City. HouSing values wer~ ccnsi~er~Ply lower ~n North HOi]ywOCC than in 5tu~i= City, and slightly l~wer than average values throughout the entire City. Median montly ren:~ were. lower in NOrth HOllywood than in Stuoio City ~ut higher :~an in all ~f LOS AngeleS. Of all owner-occu~e~ one-unit structures, ~2.4 portent were :uilt prior t~ !~40 in the North Hollywood study area, c2mPared with only 2B.5 pert=.nt in the entire city. Single-family homes in NCrt~ Hc)lywcC~ are Older than in Stu:io City. As revealed in Table V, 1~70 crimes rates f:r the seven variables tabulated were l~wer in ~crth Ho!lyw~od than in the city as a whole. Except for "r:O~er~es per i~0 population' and 't~tal arrests per !00 population" ether rates in North Hollywood were l:wer than in the Studio City Study area. Tabulation of U.S. Census Trends ?.~m 1~60 t2 !~70 Time series (trend} data can often be cf value in identifying underlying socic-econOmic or' physical :haraoteristioS which may have o:ntributo~ tn the change in an area. During the course Cf this Study, the staff prepared a tabulattoq of tAe 1g~0-70 change in selected socio-economi: variables as reported in the U.S. Census,. covering the five study areas, the four 'Control' areas, and the City as a whole. This .as done in 'order to determine if changes in the Study area nodes were significantly different than the 'Control areas', ~r fr:m citywide norms. A tabulation ~f this data-is ~ontained in Appendix E. A review of this data revealed that the 1~0-70 t-~nOs in the variables selected (r~lating to population, eOOn~m~cs and housing} were not significantly different ?Or the stuoy areas than for the 'control are~.s'. In general.'numerical or percentage changes in the data were als2 citywide trends and nO firm COncluSionS of relevance t~ the Study could be developed. Similar particular 000889 F Planning Department tc c.'.~.ouc: :~e ~dul: Ent:rta~man-. s:ucy has also instruc:ed et.~,-r City agencies to coc~rat,' w~t~ and as necessary ~: the report Process. In acc~r~anc~ wit~ suC~ instrue:ions, t~O Police Department ccnctucted an analysis Cf ~e relationship ~tween the csncen~raticn of ac~ult antetrainman: ostaDlis~ments and criminal activity in t~e Hollyweep area ocmpare~ tc the citywide crime rates for the per~ beginning eno ending Z~Z~. ?his period cf c;mOaris~n covers the years du.'in~ which a~ul: entertainment establishments appeared an~ pr:ZiferS:ec in the Hollywood area. P,,rt ~ crimes are t~se criminal acts whi~h mGst severely their victims; they incTu~e homicide, r~pe. ag~r..va:~a rt~ery, ~urglary, l~rceny, and venicle t~ef~. During the ~er~rc cf !969 tnrC,-,gn !~75. re~crta~ incidents Of Part I cr~mas HCllywCcd Are~ in~r~ase~ 7.6 percent while the City s~cweu percent increase. T~us, HOl]ywocc~'s Part I crimes incraase~ nearly t~ice tna -~te cf the City's increase. In c:rmf.-r,.-.anc., overeat trend, avery P.,.rt ! Crime oomffiltta¢i against a Pars.sn. not ~.ga~nSt property..increased at a higher rata in Hollywood Area than in the c!:yw?~e total. ~traet rC~DerieS an~ ~8~ ~urse. SnaC:~es, wherein the vie:am was airectly acc:stacI ~y their assailant. inCreaSe~ )y 9).2 percent an~ ~!.~ percent, reSPectively; ci:yw~e increase was ~S.S percent an~ 3S.B percent. Suspects ar.-estad for Part I Criminal aCtS in HC!lywcc~ ~ncreased !E.2 percent wn~le the City drc;pacl )y ~.3 ~erCant. reveals t~at Hcllywoc~ Area was 2!.5 percent ever the City's t:~at in the a~prenensi~n of sere:us c~iminals during t~e seven year perice). E~ually alarming as the increase in Part [ arrestS, is the increase in P.'.rt IX arrests {~escribe~ on T~le V[, pages Are.,. as appese~ to t~e rest cf the City. Hollywood ~nCr,'aSac) in this ca:egsry by 4~.5 percent while cna City rose ~ut 3.4 percent. Pr?Stituttgn arrests fn HGlTywoo42 Are~ increase~ at a rate 15 times greater t~an the ~ity average, While t~e City sn=we~ a 24.5 percent hike, H~llywqod Doun~ed t~ e 372.3 percent increase in prostitution arrests. Sim~larTy, panderin9 arrests in Hollywood Area fnCrease~ by 479.0 percent, ~-1/2 times the city increase cf ~3).3 percent. (See note p. · The complete report prepared by t~i Los Angeles City Police Department is available fr- review in the cffioia! files unCer City elan C(se ~e~ 21475 in the Los Angeles City Planning 0~;artmcnt, 000891 -< Ra~e 214 Agrav. Assault Rc~ery 905 Larceny 7852 37 +9a.7 377 !99 -7.0 21!5 i794 15~! -75.B 11909 1~567 2508 -0.5 3~!49 30881 TOTAL 17911 19268 -7.6 2!6756 22~57 St. ~cbber?es 38! 738 -93.7 ~321 558: ~RESTS Hcllvwc~ tree -52.2 -25 5 -3~ a Pert r Of,enses 1969, 197~ ~ Chance ,196.~ l~T! Hcmicide Zl 26 -23.8 475 573 *2D.~ ~ape 67 47 -Z~.9 858 552 -35.7 Agrav. Assault 23g 348 -49.5 6Z50 3163 Re,Defy 368 285 -ZZ.6 4855 5132 Burglary 864 614 -A0.5 7823 ~032 Larceny 546 137~ '151.1 6877 ~1706 -70.2 Auto Theft 31S 226 -29.2 4820 3121 -5.3 TOTAL 2424 2817 -16.2 31958 30279 Citywide TOTAL 10660 15503 +4B.4 17f233 185417 *(Part II arrests include: fearing, emd~ezzl(ment and n~rc~ti~s, liquor laws, misdemeancrs.) .~ther assaults, fcrgery gambling, ana ocher end counter- miscallcnecus lg~9 197.5, % Ch'anQe 433 2045 *372.3 Z864 3564 +24.5 HOllywood Are~ Cicywi~e 00089 7 8 ~6 -~7~.0 4a ~8 -L33,3 NOTE: ma~e in the.city, The DanCering arrests me~e in Hcl]ywcc~ Area in I~75 re~resentS 4~,~ Percent cf all Den~ar~ng arrests made in Los Angeles during InveStigators TOTAL Citywi~e DEPLOYMENT Ig7 ZS5 ~29.4 4S 61 -35.5 242 31~ -30,~ $194 750~ -ZI.1 ADULT ENTERTA;NMENT ESTABLISHMENTS MOLLYWOOD AREA 1969 through !975 l~Sg Mer~-c~re motel Bonkstcres Theaters Message perlOr/s~am joint Locations (Total) 1975 3 Hard-c=re motels Z9 Theaters 3.,~8 Massage parlcr/sce~ 88 Lecatiens (T~tal) jOlncs 000893 ~f Cr~e !n the HollZwcc~ ~rea, de~l:yment there inc~e~s~ ~y ~./ percent, 9.& ~ercent h~g~er :nan the rest Of t~e City. :his f~gure iS a 29.~ percent h~ke ~n uniformed Cff~CerS a~d ~.5 percent rise ~n investTgatzrs :: cc;e wicn the crimson! eleven:s, This survey reflects a seven-year span ~uring which time the Aeult Entertainment EstabIisnmen= in the HollywOod Area Prcliferated from e mere 11 estaPlisnments to an astonishing number of 88 such Iota;ions. The averell deleterious effect to the entire is evident in t~e statistics provided. The overwhelming increes~ prostitution, rCPPerieS, assaults, thefts, and the gr.-wtn in police personnel deploye~ thrOughOut Hclly'~cod, ore all representative of blightlog results that t~e clustering cf Adult Enterteinment*Esta~lisnments-~as"'gn the entire. 'cOmmunity. These adverse social effects not only infect the envirOnS immediately a~jacent t: the pa~lor( but creates a malignant atmosphere in wn~cn cr~me spreads to epidemic proportions. The remaining Secti.*ns of the Police OePartment report ere letters and signature petitions from c2ncerne~ buSinessman, clergy, merchants, citizens an~ po!ice officers anO ere in. the file ovallaDle for inspection ubnn request. The following pa.-agra~n summarizes t~iS section cf the ~clice Department ~he police officer retorts can be summarized as fallows: officers felt the Sezo~riented Dusinessaseither contributed t: cr were Cir~Ctly resp.*nSible for t~e crime problems in t~ Hclly.~cc~ area. The officers felt the sex snaps were an :Pen ~nvit:t~n un~esiraOlas an~ therapy ~irectiy caused t~e detariorst~cn neignPcrnocc~s. Also, it was suggested that these businesses PurpOsely cluster in order t: eStab/isn a "strenc~r.-n in numbers" effect, once t~ey esta~lis~ a foothold in a neignPOr~oe~ t~ey drive t~e legitimate businesses out. The letters from the Pusinessmon, clubs, churches and C=nCerne~ c~tizens were all in Support of Police efforts t~ close adult entertainment facilities. ?he letters a|l expressed t~e feeling that the sex shops attracted hom.*se/uals, perverts, prostitutes and other undesirables and diFectly Contributed t~ tfie decline ~f the Mollywood area. 000895 LAND USE STUDY: GARDEN GROVE, CA DATE: OCTOBER 23. 1991 OVERVIEW: This repor~ by independent consultants summarizes statistical analyses to determine a basis for adult business regulations because of their negative impact on the community in terms of crime, decreased proper=y values and diminished guality of life. Statistics were measured from 1981-90 and included 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 factors to insure accurate results. The repor~ includes a brief legal history of adult business regulation and an extensive appendix with sample materials and a proposed statute. CRIME: Crime increased significantly with the opening of an adult business, or with the expansion of an existing business or the addition of a bar nearby. The rise was greatest in "serious" offenses (termed "Par=I" crimes: homicide, rape, robbery, assault, burglary, theft and auto theft). On Garden Grove Boulevard, the 7 adult businesses accounted for 36% of all crime in the area. In one case, a bar opened less than 500 feet from an adult business, and serious crime within 1,000 feet of that business rose more than 300% the ne~ year. REAL ESTATE: Overwhelmingly, respondants said that an adult business within 200-500 feet of residential and commercial proper~y depreciates the property value. The greatest impact was on single family homes. The chief factor cited for the depreciation was the increased crime associated with adult businesses. HOUSEHOLD SURVEYS: 118 calls were completed in a random sample of households in the Garden Grove Boulevard vicinity. The public consensus was that adult businesses on Garden Grove Blvd. were a serious problem. Nearly 25% of the surveyed individuals lived within 1,000 feet of an adult business. More than 21% cited specific personal experiences of problems relating to these businesses, including crime, noise, litter, and general quality of life. 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 the prohibition of adult businesses within 500 feet of a residential are, school or church. Women commonly expressed fear for themselves and their children because of adult businesses. RECOMKENDATZONS: The repor= concludes that adult businesses have "real impact" on everyday life through harmful secondar~ effects and makes four recommendations: (1) Keep current requirement of 1,000 feet separation between adult businesses; (2) Prohibit adult establishments within 1,000 feet of residential areas; (3) Enact a system of conditional use permits for adult businesses with Police Department involvement in every aspect of the process; and (4) Prohibit bars/taverns within 1,000 feet of an adult business. such as a ba~k account or yacht) when it is proved that these ~tems are · property actually used in, Or derived from. a pattam of violations of the state's obscenity laws. fd. at 4185. The Wor~incJ Group believes that a RICO statute which provided for seizure of the contents of a sexually oriented business ul:N3n proof of RICO violations would have the potential to significantly curtail the distribution of obscene materials. AlSough Minnesota does not have a RICO statute, it does have a forfeiture statute permitting the seizure of money and property whiot~ ere the proceeds of designated felony offenses. Minn. StaL.f 609.5312 (1988), But, Sis statute does not perm~ seizure of property related to commission of the offenses most likely to be associated with Sexually odented businesses. Obscenity crimes arm not among the offenses which justify forfeiture. AJthougrt solicitation or inducement of a pef~on under age 13 (Minn. Star. ! 60g.322, suN. 1) or between the ages of 16 and 18 to practice I~ostit~on (Minn. Star. Ii 609.322, sulxI. 2) ere indudKI among the offenses which could jublify seizure of I~operty, many crimes involving prostitution are outside the reach of the present Minnesota forfeiture low. The following crimes ere not included among me crimes which can justify seizure of property and profits: solicitation, inducement, or promotion of a person between the ages of 13 and 18 to practice prostitution (Minn. ,Star. J 609.322, subd. 1A); solicitation, inducement or promotion of a person 18 years of age or older to practice prostitution (Minn. Stat. t 609.322, sul::d. 3); receiving pmffi derived from prostitution (Minn. Star i 60g.323); owning, operating or ~ing a "disorderly hof.~e,' in which conduct habitually occurs in violation of lawl pertaining to liquor, gambllng, controlled substances or prosmu n (Mh Ske ! sm.3a). Although it=l reach would be rmJ{~ more limitre:l, t~e legislature should also consider providing for fodetJre of property used tO commit an obscenity offense or wiqich rep'lsen~ Uqe proceeds of ol:}~:e~ity offenses. Under the holding in Fort Wayne Books. Inc. v. Indlan& such forfeiture could not take place, if at all. until it was proved thin me underlying obscenity crimes had been committed. .< Calvin S. Ha~ilt:n. OireCt~r Fr~n~ P. LomDar~i~ Exec~t:ve Officer Glenn F. Blossom, City ~lannl~g Officer Citywide Plennin~ ~n~ Oevel~me.t Division Glenn O. Johnson, Division Head Jeck C. Seowick, ~enior City Planner RoDeft janovici, City Planner Charles S. Rozzelle, City Planner ,~arcia Sc~lly, Planning Assistant, Project Cocrdinat:r Evelyn Garfinkle, City Plann~n9 Associate Pre~ Hand, City Planning Associate Ronald Lewis, City Plann~ng Associate (former project staf~ ~emoer} C~arles Zeman, City Planning Associate Donale) S. Jacobs, Data Analysis ~red Ige, Planninq Assistant JoyCe O~eil, CartograDner Gilbert Cosfro, Cartographer Barbara Reilly, Typist Corr~ne GIuc~, TypiSt Mary Velz, TypiSt Mewlan~ Watanabe. Typist Jeanne Crain, Typist Au~rey Jones, TypiSt Mason Dooley. P)~etograp~er 000896 ooOs~7 r- 000898 C,~TY OF LOS Ah,_-'L-i._= 14, 1977 T~e Los Angeles City, Council has :ecen=ly :e~ues:ed :~e De;a: t~en: c~ Ci:7 ~!anning, ~n ccc.::era=icn wi:n =he Police Depar=men: and c=ner Ci=y agencies, :a conduc= a s=u~y ccncern~ng "a~ul: en=ar=a~r.~en:~ businesses. Because o~ you: ~ar=~cu!a: kncwledge 'of ~e UusinesSes :n :he v~clnlzy ~f you: adress. we are regues=ing =~a= you answer =Xe ques=icns on =he a=tacned ~uesti~nnai:e. These questions :~ia:: := and neighborhoods in =he surrounding area. The resul:s of :he ques=icnnai:e will be o= grea= value :o us in ¢cn~uc:~ng :n~s s=udy. Please re=urn your com~le:ed ques:ionnaire in the s:amped envelope prcvided ~eEore AB=il 1, 1977. you have any ques=ions a~ou= :he s=udy or wish =o discuss ma=:~r wi=~ Planning Deparumenn s=aff members, please ¢a!l 485-35~8. We ~:ean!y apprecia=e y~ur coalera:ion in assisning us in :his survey. cri~inal si~rned by calvin CALVIN S. MA~EILT~N CSH:CSR:cd - Please answer the seven questions below by c.~ec:<in~ the a~rcFriate s.=aces. Feel free to write ccr=aents in the s.~ace ~rovi~ed cr cn a separate sheet. For the purposes of this study, an adult entertainment esta~lls~ment includes businesses such as:. adult bookstores: ~u~e or :c~!ess X-rated movies: "pee~ s~cws"; so-ca!!e~ adult motels, with X-raced entertainment. !. What overall e~.~ect ao you feel =hat adult estahlis~..~ents have on a ne~gn~crnccd: E:fect on t.~e businesses condition (sales & ,::rof'-'tsl in t~e area: ;ositive negative no effect Ccr.~ents/-'xam.~les: =ffect on homes (value & appearance) in the adiacent to a~ult sn=ertainment businesses: ~ositive negative no effect Effect on h~mes (values & a~)earance) in the area located feet or more from a~ult entertainment businesses: l)ositive negative no effect Comments/Examples= a:sa immediately 500 000900 I [ l in t~e vicinity of you: :us~ness has ~ad any e~ec:s? ()Lease c~ecx all t~cse effects w~ic~ ,you fee! have lower rents vacant businesses tenants movln~ cut less crime decreased proFerry va!~es increazed property values lower taxes __ hither taxes dec:eased business increased ~usiness actlvi:y more cri.'ne more litter Please list s~ecific exam.ties relating ~: any ~=ediate!y adore. checked, What are the hours c= cperatlcn of your business? Kave you seriously Uecause c= near~y ~us%nessas? considered movin~ concentrations your business e!sew~ere o( adult entertainment why? expandin~ in you= 000901 ,you: area? :~P!ease cz~c~ all a~rc~r;ate ~cxes.) adult a~ult theatres _ FeeF shows a~uit motels bars with X-rated en:erta!.'unent your ~usinesa is the nearest a~ult entertainment esta=lis~_~ent? Thank you Ecr your cooperation. Please City of ~cs Angeles ~epaz:men: ~ City Planning 2~0 North Spring St:ee~ Rccm 513, City Hal! Los Angeles, CA 90011 return :his questisnnaire ::: ~ame (Business) Address ccO9oP the 000903 ,'ec:'ezse L.1 C2!e&ae c',:e spat',,".: exCles, :--.c~,'.'~n~ j does :~e c~ncenCraCi~n lease, data.) (Fleue ci:e s; ~clfl~ exLa~lee, ~cludi~g ava!!a= c-:x- ~ :, 000904 ~es X~ ~aC Tes . -~0 No'~ k.-.cvn L' 7es, wt~.r,~' ,' - 000905 I '. ],~re Ch~ IcOQ feet CSA'~.I.. ) :, ,-; ~.000906 I.i~:er A~ress ! A~UtT _'~..TTI.-."T.",.::~.tT~..'T. STJDY l~c :rlzh ',o '-ha.'.:~ yo= f'c= yc~r i.~=,,,-es~. in =-he above ~e re,.~-T,c= ~at yc~ were seA: fCriqinal siqne~ by) 000908 ~' '" 909 r NO: a ~or:icn of Plann~m~ 9eDartme.-,: ~:u~) To~al no, of res;onses · ~7 ~ue~=tan What effect does :he c:ncentration increase in value of a~ult enter%ainment es:aDlishments have on =he market value of DuSineSs decrease in va]ue property (]ano, structureS. fixtures, etc.) located in :no vicinity of such no effect estaDlishments? What effect does the concentration of auult entertainment estaOlis~.men=s have on :he rental value of business proOerty lotarab in the vicinity of such establishments? What effect does the concentration of aault entertainment establishments ~ave on the rentaDilitv/saleaOilitv of ~usiness prODarty Iotatab in cne v~cinity (length of time required t~ rent or sell property; rate of lessees/ buyer turnover; conditions of sale or lease, etc.)? 4. ~hat effect does the concentration of adult entertainment establishments have on the annual income of businesses located in the vicinity. of such estaPlis~mentS? Have any business owners or proprietors considered relOcatlng Or not expanding their businesses because of t~e near~y concentration of adult entertainment establishments? !78 2 increase in value decrease ~n value no effect 3, increase in rentability/ saleability decrease in rentaOili:y/ saleaPility !5! no effect 3 increase~ decreased no effect yes 71 no 4 income income (35,g~) not known 9.j~ (48.7~) In recent years, has the commercial yes .lOg v~tality (sales, profits, etc.) of any area in t~e City of Los Angeles been no. . S~ affecte~ in any way by the near~y concentration of adult entertainment not known establi~nments~ Css.s=) 000910 ! nave on the mlr~; value of ~r~va:e d~s:anc~s From such es:aUl~snmentS? Increase Decrease NO effect Total Less than 5O0 - 1000 feet 14~ (i00%) !45 ~aor3 :ha~ !003 feet i~3 (99.91 W~et ~ffect does ~he concentration of adult ~:ertainment asta:7~shments ~:ve :~ the reqt~l value of residential i~come Or:::r:y ~¢ca:eo w~thin the fallow~n~ ~istances from such =,3ta~iisnr. entS? ~¢rease O~crease no effect Tc:al :nan ~O0 ~eet - I13 (gg.3Z iCO0 fme: !3B i ~ "cre :.~an !000 ?eec I33 (95~] 7 (SO=] l~O Wha~ ~ff~c: does the concentration of aou]t entertainment establishments have on the rentaDilitv/se~ea~i~t~ of residential ~roDerty located w,tn~n the Following d~stances from such e'.tablish- :ents? l.crease 0ecrease NO effect Tote{ ~00 - 1000 feet 141 (99.3~) - 1~3' ~ore :hen 1000 feet 141 10. (Not tabulated) summary, the resOondent$ felt that the subject buSineSses have a ceci~ediy adverse imDact on Surrounding businesses and residentia) pr~:erties and the large majority believe that the adverse ef?ect extcn~s Deyond the 1OO0-foot radius. 000911 ; 't)__1~3 : . "'~ ~ · ! ! I ! C=~men:s ~n~Czte cantern far: 1, personal safety, e.g- assaults 2. moral effect on children 3. safety of property, e-g. vandalism, neighborhood appearance. Adult were aesCri~ed variously as tawary, robbery, etc. entertainment tacky, garish, establishments seedy, messy, neglected, untidy, blighted, unkempt. S. litter, e.g. CanS, bottles, newpapers, etc., strewn a~out public and private property, especially heavy after Saturday night. 5. spillover parking into residential areas. On-site parking is often inaOequate. Customers seeking anonymity park at a alstance away from any given establishment, on reS~ntlal streets. 7. graffiti On public and private property. ;~,_~ .,--,~, 000912 PO~ULAT:ON 1~60 ~70 Total Population 18,~8a 19,033 ~]ac~ 38 340 Percentage 0.2 S~anisn 540 3,833 Percentage 3.7 20.1 Me~,ian Aae 42,1 38.0 Persons 0-I7 2,190 3,125 Percentage 11.8 16.4 Persons 65~ 2,437 3,334 Percentaae 13.1 17.5 WiFe Families 3,153 3,380 ~lc -' Unreiate~ [n:ivi~u~ls 3,833 6,190 Aver:go Hcuseh01~ Size ~.95 l.gO !,,960 2,479,015 334,91~ 13.5 ZeO,3gg 10.5 33.Z 756,640 30.5 253,993 !0,2 545,i09 329,977 2.77 2,811,~01 503,505 5l~,Ygl 30.5 a4~,2~6 2~3 ~2~,70~ 2.6a Total Units 9,859 !0,667 Sinales 2,938 1,919 Percentage 30.0 I~.0 Multiples 6,921 8,7~8 Percentage 70.0 82.0 Built Pre-lg34 7,039 5,736 All 0ccupio~ Units 9,228 9,982 Owner 1,330 1,078 Percentage 14.0 i1.0 Rancor 7,896 8,986 Percentage 88.0 89.0 559,7~5 54.0 375,752 ~0.0 ~81,797 87G,010 40~,552 50.0 471,3~8 43.0 1,07~,172 e60,273 52.0 510,25i 47.4 323,988 1,024,815 419,801 24,0 807,573 56.4 ECONQHICS Median Family Income 5,699 7,713 6,896 10,53S Motion School Years C~mpleted 12.1 12.3 12.1 12.4 He~ian Value Owner Occupied in $ 18,450 25,825 17,300 26,700 Metjan Rent in $ 77 105 78 Total Employed 9,370 9,113 128,278 1,150,796 Unem;loyed 900 912 6,914. 86,802 Percentage' 9;6 10.0 5.5 7.5 000913 f f · I ! Total population 81ac~ Percentage Spanish Percentage Median Age Persons 0-17 Percentage Persons Percentage No. of Husband & Wife Families No. cf Unrelated Individuals Average HousehOld LA:aKE~SHTM 83ULE'IA~0 ~ ~HIPPLE (Valley C:ntr:l Area) Size NODE 1960 I770 5,497 5,897 9 2 0.O .i 100 439 1.8 7.4 42.1 41.6 1.106 1,091 ZO.l 18.S 729 1,076 13.3 18.2 1,371 1,301 841 1,337 2.36 2.11 ~.~60 2.~79,015 334,916 13.5 2~0,399 lO.S 33.2 756,640 30.5 253,993 i0.2 545,!09 329,977 2.77 Z.81!,801 502,506 I7.9 5t8,79! i8.5 30.6 849,246 30.2 283,395 ~53',554 J21.TO! 2.55 HOU$I)G Total Units 2.520 2,865 935,507 Singles 1,Z89 1.082 55g,7~5 Percentage 51.2 37.8 59.0 52.0 Multiples 1,231 1,783 375,761 Percentage 48.8 62.2 40.0 8uil~ Pre-193g 898 813 481.797 411 Oooupie~ Units .2.328 2.790 876,0i0 1,024,835 Owner 1,076 989 404,652 ;t9,80i Percentage 46.2 35.4 50.0 39.0 Rantar 1,252 1,801 471,358 ~07,573 Percentage 53.8 64.6 43.0 5~.~ ECONOMIC~ Median 'Family lnceme 8,086 13,154 6,896 !0,'535 Median School Years Completed 12.8 12.6 12.1 12.¢ Median value Owner Occupied in $ 22,350 37,700 17.300 26,700 Median Rent in S g2 136 78 114 Total Employed 2,574 2,735 126,276 1,150,796 Unemployed 1~7 280 6,914 86.802 Percentac3e 6.9 i0.2 5.5 7.5 000914 I' To~] Pa;uTat~on ~Oan~s~ I Percentage !83 He~ian Age 2.~ Persons 0-17 43.9 I Perccntage 576. Persons 65+ 8.3 Percenta ~ 158 ge i No. of Hus~en~ & 16.8 No. of UnrsTete~ 1,306 inOfviCutTS 2,805 I AVerage HousenoTd S~z3 1.76 8,~38 72 .1 i0.7 41.3 a03 1,644 1,408 3,~02 1.52 2,47~,015 334,~15 !3.5 150,3~9 '05 33.2 756,G40 30.5 2S3,gS3 !0.2 To:,,l Units S ~ no 1 es 6,773 8. 044 935,507 Hult'~r~}es 8.7 Percentago 5,818 7,559 5~. 0 ' 9uf/: ;~e-1939 85.S ~4.0 375.762 3,73Z 40.0 L A11 0ccu~e~ Units 3.037 481.7~7 O~ner 5,996 7,506 876, OlO Percentage 394 420 Renter ~.6 5.6 , 50.0 P~rcen~ege 5 ~02 7,137 47~,358 93.4 S4.4 - ~NOMTC~ 43.0 Hedfan FamfTy Income ~.4~9 ~e~fen 5c~oo1 Years 8,537 Com; leted ~,896 Healan Va]ue Owner 1Z.5 IZ.6 OCCuDfed fn $ 12.1 Ne~fan 'ReRt f~ $ Z2,Z00 37,333 rota ? ~mD Toyed 92 123 17,300 78 UnemO Toyed 6, ~35 6,745 126,276 ~l 575 ~,914 ~ercent~ge 7.4 32~,~77 2.77 17.9 !8.5 30.5 283,3~5 IO.i !,074,172 ~50,373 607,573 5e.~ i0,535 12.4 23,700 1,150,7S6 86,802 7.5 000915 I f [ I '400E ~O~ULATYON !g{q iS73 ITSC TotaT Population iE,855 !5,7~6 l,~79,0I~ 8!ac~ Percentage 3.0 8.Z S~anish Percentage 5.Z ZS.O iO,S M~dian Age 38.8 34.2 33.2 Persons 0-17 2.~82 Z,7~l Percentage i~.7 17.S Persons SS* 2,830 2,~32 253,593 Percentage 16.8 15.5 i0.2 ~o. of Husband & Wife Families 3,343 2,720 545,109 No. of Unrelated Individuals 4,881 4,8!8 329,~77 Average Household Size HOUSING i~70 2,8!1,80i 503,6C6 lT.S 518,751 30.5 30.2 !0.! Total Units 8,856 7,982 g35.507 !,C74,173 Singles 2,555 !,9!3 Percentage 30.0 24.0 5~.0 52.0 Multiples 5,53! 5,081 375,7~2 510,251 Percan:age ~2.4 7~.2 :0.0 ~7.: Built Pre-lg3g 6,589 ~,0~3 :8L, 797 ~28,~88 All Occupied Units 8,274 7,636 873,0!0 1,02;,825 0.net 1,404 8g~ Percentage 17.0 !1.7 S0.0 Rantar ~,BTO ~,7a8 Pcrcentage 83.0 88.~ ~3.0 ECONOMICS Median Family Income 5;901 8,142 6,896 10,El5 Median School Years Cemolete~ t2.2 12.5 !2.1 12.; Median value Owner Occupied in $ 15,975 Z4,10O 17,300 ~6,700 Hadion Rent in $ 76 103 78 iL4 Total Employed 9,073 6,528 126,ZT~ 1,150.75~ Unemployed 59S 465 6,S14 86,802 ;arcenrage 6.6 7.! 5.5 7.5 000916 P0PULAT~0N !g60 Total PoPulation Black Percentage S10 SPanish 3.0 Percentage 869 Hedian Age 5.Z Persons 0-17 38.8 Percentage 2,482 Persons 55, 14.7 Percentage 2,830 No. oF Husband & 16.8 Wife Families 3,343 No. of Unrelated Individuals 4,88I Average Household Size 2.04 1~70 !5,736 1,287 8.Z 3,936 ZS.O 34.2 2,751 17.5 2,432 15.5 2,720 4,818 2.0Z Total Units Singles 8,855 7,982 2,656 !,9!3 Percentage 30 0 Hultiples · 24.0 Percentage ~,S3l 8,081 62.4 78.2 Built ~e-lg3g 6,58g 4,093 All OctunWed Units 8,274 Owner 7,535 Percentage 1,404 895 Renter 17.0 1Z.7 Percentage 8,870 5,748 83.0 88.4 ECONOMICS & vE.~.v. 0..~7 2,aT~,O!S 334,£i~ 13.5 2~0,3~g lO.S 33.2 30.5 253,~93 I0;2 545,10g 329,S77 2.77 S3S,507 S9.O 375,752 40.0 481,797 876,010 404,662 SO.O 471,258 43~0 2,a11,8o: 503,606 17.S !3.5 20.6 30.2 i0.! :21,701 2.S8 !,07j,173 550,378 52.0 510,25! ~7.1 328,S88 !,02:,~35 4i~,801 3S.0 607,~73 Median Family 'Znceme 5;901 8,142 Median $choa| Years 6,896 10;535 Completed ZZ.Z 12.5 !2.1 12.~ Median Value Owner ' Occupied in $ 15,975 24,100 1'7,300 26,700 Median Rent fn $ 76 103 78 11~ Total EmPloyed g,073 6,628 i28,276 1,!~0,796 Unemp;oyed 595 465 6,g14. Percentage 6.5 7.~ 000917 S~L)~A AVENUE C~MUE~GA ~OULSVARO !j TO Total Population 14,886 !3,827 2,47,0,0%5 2,811 801 8lack 43 342 ' 334,g15 Percentage .3 2.5 i3.5 !7.g Seahis, 840 1.822 250,3~9 518,7~1 P~rc=ntage 8.8 13.Z 10.5 18.~ Median Age ~3.3 3~.8 33.2 Pers:nS 0-!7 1,30,0 !,Z~8 715,$~0 Percentage 8.8 9.0 30.5 30.2 Persons 65+ 2,8-06 2,7!2 253,9-03 283,395 Percenta,0e 15.5 19.6 10.2 !0 'lo. of Husband & . wife Families Z,408 1,876 548,10,0 'ao. of Unrelated 583,E64 individuals 6,53! 5,,051 32~.e77 ~Zl,7G! ~ver~ge Household Size 1.68 1.~0 ~.77 -OUS!NG To:=l Units 10,022 g,sao 935.507 1,07J,!73 sin91es !,7!4 1,!40 ~5~7:5 E~0,373 ::rc~ntage 17.1 !1.8 ~.0 52.3 '~ultiDles 8,!!0 8,~33 37E.752 5lO,Zi! P:rcenta'0e 80.9 88.2 ~O.O .:7.; Built Pro-Z939 7,!97 5,161 .t8!,797 328,~88 All 0ccuOie~ Units 8,g88 8,BEe 376,010 1,02!,~35 Percentage 9.! 7.5 ~0.0 39.0 ~enter 8,164 7,865 471,388 ~07,573 Percenta,0e 91.! 92.1 ;3.0 5i.i ECONOHICS Median Family [ncome S,t38 7,584 Median School Years , ComPleted 12.2 lZ.8 !Z.1 Mealart Value Owner ' OcCupie~ in S Z0,1Z$ 30,9Z5 17,300 25.700 Hoofart Rent in $ 80 111 78 Total Employed 8,112 6,990 128,278 1,!50,78~ Unemployed 998 g43 6,g14 8~,BOZ Percentage 12.3 13.5 5.S :.. 000918 HOLLY~O00 AN0 H[GHLAN0 AVENUE NODE ClTY'J[OE :CPULAT [O,4 I g6___qO 1 g 70 1 To:a1 Population !!,438 12,016 3,~79,015 3,51!,BC! 814ck 38 325 334 g~6 503 505 Pervert ta~e .3 2.7 13.5 i 7. g Sawn i sh 357 I, 50g Percentage 3.1 Ned~an Age 44.5 41.0 33.Z 30.5 Persons 0-~7 832 Percan ta~e 7.3 8. ~ercan:age 19.9 ~o. of HusDand & ~fe Fam~1~e$ 1,718 i,~0~ S45,10g S~3,~ '~o. a? Unrelated :n~v~duals S,7~8 ~,~08 329,977 ~Z!,701 ~vera~e Household S~ze 1.57 l.S6 Z.77 Z.53 ~OU~[NG 7;:al Units 8,251 8.835 935,507 !.07~,17' Singles 1.15g 858 559,7a5 Per:on:age 14.2 9.7 59.0 5Z.O Multiples 7,067 7,e58 378,76a 510,281 Percentage 8S.5 90.1 4O.O ~u~lt Pre-Z939 5.768 4,344 48Z.Tg7 3Z~,~a8 A|I Occuaie, Units 7.322 7,75~ 87~.0~0 Owner 559 55g 404.652 Percentage 7.6 7.2 50.0 3g.O ~enter 6.781 7.197 471.388 6Q7,573 Percentage 92.4 g2.8 43.0 ~eaian Fam~ly Income S.792 7,SlO 6.896 10,83~ ~ed~an Schee! Years CamOleted- 12.3 12.6 lZ.Z ZZ.~ ~eaian Value Owner Occupied in $ 23,000 33,300 17,300 26,700 Median Rent ~n $ 88 117 78 ll~ Total Emgloyed 6,469 6,177 128,276 1,150,796 Unem=loyed 86L 878 6,914 8~,302 Percon:age 13.3 14,Z 5.5 7..5 0009.19 II !STO Ig60 I~7S Percentage .3 .4 13.5 i7.9 S:anish 3~8 758 2~073~4 ~:rCen;age 2.3 6.8 10.8 iB.S M~:ian Age ~9.6 38.7 33.2' 30.6 ~ersons 0-17 3,638 Z,!37 75~,840 Percenta4e 20.7 18.4 30.5 30.2 ;~.rsenS 88- 1,358 1,232 283,eS3 283,2~5 ~e~can;age 7,8 10.6 10.2 i0.i ?~e. Of Musban~ & ~fe Families ~,S26 2,~ 545.!09 ::= =5: ~::. ~f Unrelated individuals 3,100 2.832 32~,977 :2i,7G1 A'/era4~ Mouse~old Size 2.36 2.17 2.77 ?atal Units 8,!10 E,E24 738,507 ~.07~,!7] Singles 4,520 2.1!8 55g,/~S 550,37~ ~ercenta~e 85.7 49.1 5g.O 52.0 r4ult~D~es 3:S40 Z,813 375,76~ ~10.25! P_*rc,*nca4e ~.3 50.4 ~0.0 c7.~ ]uil: ;re-!439 '2,058 1,004 481,741 323,78S All Occu~iecl Units 7,548 5,387 875,0!0 1,02~,3~ Owne, 3,~04 Z.463 ~04,5~2 4~.801 Percenta4e 51.4 ~5.4 SO.O 39.0 hnter 3,844 2.904 47!,358 807,873 P~rcenta4e 48.3 5g.1 43.0 58.~ Me~ian Family Inc:me ~eaian Sc~eol Years C~a~Xeted 12.~ 1~.4 Median Value Owner OccuDied in $ 23,700 34,i50 Meatan Rent in ~ 48 142 ratal Em~laye~ a,80O S,965 Unem~loye~ S84 504 Percenta4e i0,535 i2.1 12.4 17,300 25.7C0 78 !!4 12E,27~ 1.1S0.795 6,914 86 S.5 7.S 0 6 8 00.0920 HOLLY~000 NOOE POFmULAT[ON !9~0 Total Po~ulat~on 7,067 Z,3tZ 81a¢~ 9 53 Percentage .1 2.3 Soanisn Z92 311 Pcrcentage 4.1 13.3 Median Age 45,2 37.3 Persons C-17 867 227 ~ercentage 8.0 9.7 P3rs~ns 65- 1,4~5 3Z5 Perc~n=age 20.4 13.S ~o. of Husband & Wif~ F{m~lies 1,316 335 'lo. of Unre}atad Zn¢~v~ua~s 2,707 1,1~5 Average Household Size 1.74 1.54 GOwE~ STREET 1950 2:~79,015 33~,9!5 13.5 I0.5 33.2 756,640 30.5 253,993 10.2 545,i09 329,977 2.77 ig7O 2,8!1,80! 503,~C6 30.~ 849,Z~6 30.2 ~0.i ~I,70~ 2.5a ' 7~tal Units 4,334 1,571 935,:'07 1,07~,!73 5~ngles 569 226 5~9,74S 560,378 Percentage 15.4 14.4 59.0 52.0 ,~ultiples .3,463 1,36~ 375,762 510,251 ;ereenrage 84.6 85.5 40.0 t7.4 Built Pre-!939 2,778 728 481,797 328,S8~ Al) Occupied Units 3,924 1,446 875,0!0 1,0Z4,835 Owner 348 93 404,552 ~19,S01 Percentage 8.8 6.4 50.0 3S.O ~enter 3,179 1,353 471,358 607,573 Percentage 91.2 93.5 43.0 56.4 Median Family Income 6,102 8,518 Neeion School Years C~moleted 12.4 12.4 Median Value Owner Occupied in S 2!,7S0 Z7,600 Hedian Rent in Total Employed 3,885 1o430 *Unem. loyed 380 148 Percentage 9.5 10.3 12.1 i7,300 78 126,275 6,914 !0,835 12.4 Z$,700 !,150,795 SO,a02 7.5 :: -',-:: - 000922 .~y 25, :979 c:=~:O~ :he ~ocatlon of adult bultneeses. Cue approach, s~e:~mel known as 2scr~c ~e~, d~v~des :r prevents the c:ncsncTe:~on ~ a~!C businesses ~n an area. A :lr:a~n discs=re frT~ :lsi~lnciaE nsiihborbocds, churches, and schools tsaEso usa=rained. Another appr~auh, or ~he BOI=C~ ~cdll, foe=ere ~u aosco~'s concentrated adult bua~ess aria ~hars ~s CO~T~OI o~ sKIms, u~lTedi:I of loreeel eu~ s~ew~kl, re~ovl=~c~ of score fro=ele a~d av%~ cbl CO~ICT~C:I:~ ~f a =Iv ~ark. .'~..LI scheme ktl nOC afflcc~d the h~gb n~et of Iclbb~all, ~rde:s, A1sc, a: one ci:ml, NaY YoVk CL=y ~ad consentraced adult bus~neas d~scr~c:s. concauc:ac~~ T~S Squat, ~Xas taxes d:op~d by &~ ~ a =w-year ~eF~:d, d~ co the Toes of 2.5 c~8 am May ~CAL1 Jobs as t~ rear of ohm CLc7. uuC v~icb ~a ~ccened ,fear c~ hc:o~c ~de~. The new o~ce a~,o v,~c :ca ~cep hrcber c~ amy o~er ~ c~e uc~ou ~en 8~lesc~on~m mde co ~orc~:e a~; ~comfo~q ldu~c bua~esses.~c~a one year. ~us, up co 8~ of ~l e~sc~nK sex $~ie~t~. the amendment ~n Section A~7 StAtes chat: ~. NO adL.,.~C bua~ness te co be ..~chAn ~,000 [eec o~ any ~=e ~n the s~ce 2. An, adult buaLneae tanoc pE~"'mLCced ~tchLn SO0 ~eec o~ a Ichoot or · resLdenciaL ton,e ~n,~ese apptoved by CLOy CouncIL and area tesLdencs. · pec~cim". b4,/ch LO siSn,ed by 5L% of the testden, ca tm the SOO-(ooc Dt:ecco~. Afcec the ~cLcioo As c~pteced the CLc7 Co~c~L ~Y Adult b~atmessea ate beLml created as a tend ~ae La8~ by c~Lt tetAci~nshL~ co Le~cca oa cheLt s~dLnl pto~tcLee and o= adJacen,t ueLihbothoeds. Ate c:~e ~m~ccs noted ~ ~oeCou and ~ev Yotk*a dLscticca dLtectLy to heed co the ho~? Are they l~eeci~iabte, and ch~s a p=obab~e cameo fe~ neStcAve ~taccio=, co 6earb~ adQ~a :eLsEarced ~y · icescat Lnc~de~ce ~ se~a~ teL:as L~ at~s 21 ¢:~:etcL2L ~LsctLccs coRcaL~L~; adult b~etnesseso cremes and LotsoL·as of adult busthe·sos. Thts teL·eL·6 yeLL correlate v~c~ hood· oE ~he nac~te of ot~=ee associated v~c~ adult busLAss·e·. Sex crL=es up;eat co le6eroce subsce6cLeL fears for the safety of chLLdre~. ~mmen, 864 Ln lenateL- TheLt seaoct·cLoG v~.ch adult b~stnesses Boneless nelacLve ThLs study specL~cet~y shove chug chore Ls · hLihec an·Mac of sex ·SEensea neLghbothoodo v~chouc the. ~6 this project three scudy St(IS. viCe ChOll~ -- · ~c~ sd~C ~sL~esses, sod c~ree control areas -- neLl~orho~8 ~chouc ed~Lc b~sLness. each study and cncnL a ate deeLed pc.tee of ~ Hob i~dy area we &, ~dtan ate of ~he popQLacLori S. htcenc/;e of ~vettLnI uoLcs buLL: sLAte L950 'r_ULZ Z THZ ST~r A2~ CONT'~r.. AP.r.A r..DCATZC~S $1"tr~Y AI~.A Z ~oosev~lt Street - Oak S~sre£~g me G7~h Avenue, east on Osbora &ned, SouEb on 39ch Avenue, ~esc on Roosevelt Stree: No~:b on ~3rdAvenue, ~est oe ~Dove~ ~oed, s~ ~or~ o~ ~7~ Avenue, Co che point of ~ ARIA ZZ Oak S~reet * Osborn Koad 32rid S~reec * ~Ocb Street CX:)NTR0~ AR.r..A ZZ Osbon bad - Css~betZ Avenue 32rid $t:ee~ - t,0ch S~tae~. STtYI~ AImJrA ZZZ ,~ssourL Avenue - Campbell Avenue 19r. b Avenue - 27tb Avenue C.~N"L"~It,, ARIA ZZZ .~lese~rA Avenue - Csspbel~ Avenue 27~.A Avenge - 3~,r.h A~e~ue FeEurn L, follo~Ln$ shove the boundaries of ~he chine seudy and control areas. Area C conC-lL~s ~'do sq.~sre :i~ee sod one of of 3dull bust~sssSs. T~ass ~c&~i~nl ire: t702 ~!cDok'eLL Road; 2333 E. :.~¢~o~ett load, and 3155 E. :!c~ovall Road. T~e rjcchin; popaloof. on characteristics oe Study end Control Arts ~ are L/seed belov in TabLe ~, (~ppl~dLx ~I provides i ~ore diceLied process o~ ~ov this dace vII derived,) TABLE t~ POPULATTOH CHARACT.rlq. ZSTTCS Or S~U~Y COnTrOL BuildinS/ Xedisn Lind Usa % Non-~r~,ico L950-1970 Incoee Aqe C~rctst/P, estde~CiaT. Study l Control TAt onZy subscsncL&Z popu/agion chi~scceriscLc differences LA chess ~o aries are Ln the ass of ~s buLZg betvisa tg/O and 19~, T~ conGenerscad sdulg business ires ~s s~sc 9~ of tea hooat~ ~LC afce~ 1950. Study Area IX is one st~sre ells o~ the eeoc side of the Cl~y, s~d contains only one edul~ TASrr Study ~Z 7.~ Concool ~ &.~ Suitdin;/ ~edl~n Land ~se ~gSO-~TO ;nc~e A~e Cc.r:_.eccL=t/Res~e.~c~a~, 88.Q $L0,77t 36 18~ 92.~ Sl2,01.3 38 LL~ Study Area Z;Z also contains one adult business oc 2103 V. Camelback Road. ;t Ls one square mite toescad on the vest side of the CLoy. ace Control Area ts dittocry Co the vest. T~e comparison of population characteristics are sho~zs betov: cab~lacian oE chc. n~--=ber of c:4~ea cock/cold and the race of chose crimes pec t,O00 people LLvtnl La each area. ThLs cable La ou the ~ottovtnl p~;e. There appears co be a coneteL arias for sex crimea chin for aLeher propercy at reaLear crimea. The faLLovenS cable t~Zuscraces · camperLain of the cacti of the crime race o~ the study area Co the Study Pt'opercy Vtotene Sew SIs Crimes ~Z L73 83 277 ~ZZ ~08 ~ ~5 178 net of ~oZfic 0~8 ~r l,~ ,rao~ ~u ~ S~ in~ u e~nd co ~e Coa~ot Area. Ign &rr~eg tielie r. ocsc:Lons of aduZt businesses Ln Fhoe. Lxvere proceed. The prLm.ery coacentretton of adult bustneeded yes LdencifLed. P~eLLmLnAr/dectaLe6 ~s ude co choose three study areas based on aduZc businesses veto approx~cety centered Lu each sc~dy &rt~e sad adult 2. ~t~n of ~ee/bte Coatrot Areas e~t ~ sire co c~ S~dy A~eas. · teD) · ,e o~ ~he sex c~es ~lso e~lb~ · si~cao~y h~gheg rice ~a ~e study a~tsm. ' ' A dececc~ve. ~rm ohm po~ct ds~r~ac s~sted c~ ~st ~ndecenc exposure c~e: rift c~icced sc the addresses of Idu~ b~lnesses. ~aFe chefs Lsa concentration of adair businesses, such at tn SPudy Area X, the ~. and ~6 core cr~es ~s ~ S~dy Area XXX, S~Xarty, ~a c~red co ~cs S~y Ant X. ~n ohm rm~Ln6 stay a~as, ~i~h each conu~ a s~gtt adult The ¢ha:accec,4. aC~,cs used tn veLth~Lni the sL:~.La:&c~.es betroan the S~ud7 2. peFcenca;e of dvetLLn8 unLCa bQLLc stnca ~95Q 3. ~edLan Lncoee ~edLan ale of She popuLacLoa FIFeencaSe of acTlaKe used ~es/denciaLty SLate the Study Area boundaries dLd uoc IL~yI eLLin ,d'LCh Cana~ Ttscg bou~.A-~¢$, ~: ~ecessa~ co "lyerip' ClaIMs T~cE values co s~Z/ce ~ c~tacce~sCtco of ~e S~y ireas, ~e couC~CioQ of each Cema~ T:acc c~raccet/sc/c ~t~e ~s ~cht- The vetghc:l.q of ear. b SOurly sial Co;cnL &fen ta cabul~geed tn the {ot%mrtq cable: PO~!~m' IDEPA~TMENT D~PARTM!:NTAL INFORMATION VO :~.'~Xf A~ elg~ Fear o14 fu~!e left ~ a c~ ~, T e 2~ ~e~ oI~ POLICE DEPARTMENT Ctty of Oklam C1ty C:I~UNITY DEYr~.OFzNENT D~PARTN~NT Planntng Dt~tston ADULT ENTERTAI/e4ENT BUSINESSES :N OICUJ4OHA C~TY A SURVEY OF REAl. ESTATE APPRAISERS Hitch 3. 198~ m CIty of Oklahoma Ctty CDHNUNITY OEYELllqqENT I)[PARTNENT Planntng Otvtston ADULT [NTERTAZNNENT BUSINESSES IN Or4,AHOlqA CITY A SURVEY OF REAl, ESTATE APPRAISERS ~rch 3, Z9~ information provided rill heZp gl establish an important data base regarding adult entertein~ent businesses. The first four questions relate to ~he hyl~thetical situation presented below, The lest ~hree ~ge/tionl refer to actual situations in Oklahoma City chat you xtght be aware of. A m~ddle income residential neighberhoed b~rders an arterial street that contains various commercial activities serving the neighborhood. There Is a butldjng ~at was vacated ~ m hardare s~:e and will o~n s~rcly as an adult b~kstore. ~ere are no o~er adult ~okstores or s~tlar activities In ~e area. ~ere is fie ~er vaca~ co~rciml s~ce presently mvatlable in ~e neighthe. Please indicate your answers to questions 1 through 4 In the blanks provided, using the scale A throuVh ~. ; SCALEz ADdcrease 201 or m~re · Decrease mere r, ban C Decrease from 0 tO D NO change An value g lnc:uame from O to t Xncraase ~re than 10% but lo88 than G Increase ~0% or mrs 1) See Mould ~uexpect ~he avelaVe values of the RrJIDBNTLV, -- property withinOJl~ block of the bookstore to be affecud? 2} How v~uldV~qmCt the average values of Use o 3) b ~ ~~t ~ a~raee vel~e of IMeMomld ~mu erpect Lhe averaqe values of CQMMBRCZAL property loeated TMaZ2 blocks from t~e IMMkstore to be affected? hre lmm aware of ~be existence of adult entertainment businesses ins tim cit~? 6) ~hst is lmgf opinion as to the effect of them businesses ~ s~ro~ndi~gproperties? KAX ASA Sara T~aAk you fO~ ~ eooporatAea. Please ~etm i~ ~he poet·Co paad mveAope pvoviaed for your On Ireb~jlp), 7, Zg86, 100 clueSttOnnlJr~S wrl Nfled. Ali ~11 litIre IPPrlJSlrl t~ 0klah~ Ctty 11sted in the Tellw Pi~s the su~ey. As of ~rch Z. 19~, ~ (~Z) of the questionnails craDleted and ~tumed. ~li esta~ aPPraisers ~ at ~e(w ~lffcatfon'. f~ t~ State of Oklahm; ~wver, 26 of t~ ~s~ntl (Tll) Nlonged to a P~fessfonal 0rganfZitfon' The ~ble HlW smrtzes of t~ questtonnafq'. SubJectlye cants i~ discussed tn a HHr,te secttoe of thts SC~,E A QU~STrO~S I ! 3 4 ~ (3ZS) 7 (~ZS) 4 (US) 4 8 8 (z4s) t (zfi) 3 (Is) 3 Decrease c 6 (zn) zo (zgs) zo (2is) 7 (zzs) DecPease O- 105 O e (Z6S) 8 (24Z) 17 (SOS) 20 (S~S) No change ~n value E,F, and G values--not checked CITY PEAL ESTATE APPP, AZSER SURVEY · The lOOS survey of reel estate ippralSerS in Oklahama City Dmduced results that ~ere ~nslstent tn vt~uilly all ~spects with tM ~sult of the nittonal Su~ey of appraisers cartted out by the ctty of XndllnaNlis. ResNndents ove~elmtngly (74Z) indtc/t~ Chit e adult ~kstore ~uld have a negattve effect on ~stdenttal pmperty values tn the hyNthettcal netgh~rhNd deserted if they ere viZhln oN block 0f the p~tses. 321 felt t~t thts ~p~ctattoe euld ~ in excess of 2~, ~eres 4~ fobsaw i decrease tn vital of f~ Zl to 201. (C~rszive nittoe1 ftgu~s 7~, Z~ and 59~ ffsNcttvely. ) hventy-slx percent (76~) say a similar ~c~lse in cmrctal values vtthtn one btock of t~ adult ~oksto~. b te the nltf0nal fewer (2~S) ~elt t~t I devllultt~ of over 2~ multi occur. (55=) say t~ deprlc~ltt0n IS Being tn t~ ~ to ~l P~N. (~ alive nattonal ftgu~s s~ 69l, 1~ and 5g$ The negittvo tapact fell Off sharply amen the distance sis tacteased to three Blocks. As tn the nattonal survey, there lINers t0 be ,mrs of e restduel effect on residentis| properties tun OR cmaaerctel properties. S0: of the appraisers felt that e negative tamer on residetitle1 properties ~uld still oBtetn st three blocks Ira the stto. 0ely 12S felt Bit thts trapact veuld be in excess of 205. The renitntq 385 felt Bit deprsctStlon ~uld be somewhere an the 11 tO 20l range. SOl sill a epp~ctable effect at all at three Blocks. (Coliipsrltlva Rittmsel figures Iro 311, 31 aM 61S.) Cofftrarctel property sis Judged to be negative1 lllact/d It three blocks by 41S of the survey, SIS sly no chinN tn vl~ IS a q~lt of t~ ~ksto~. (~,ratie nittoM1 flgu~l I~ 2~ aM 7iS ~s~tely.) s~mMry: The Felt lul~orlt,y of ePPrl~easars ( aM~ 7SI) ~ ~s~ thts suwe~ felt ~t ~ tsa nqltlvl t~ m ~ll~ttll and x~tll p~ vales wt~tn ablo~ of u adult MOkltorl, - This negative feeact dtlllMtol el the dtltancl fm the site Increases, so Bit It three bl0Ckl,:helf.0f. TM Ipprltslrl,fe)t..tblt there tl · negittvl taMCt on rslldeettll preNrt~ aM 181 the half felt tMt Bars tl I negative impact m mrctll property, ~: ...:; _..;. :.. - R[SU~.TS FI~R SULIECTIy[ I~JESTZONS Oklahora CIty real estate IDaraiserS were also asked for thelr opinions as to the effect of adult entertainment businesses on sur~undtng prolorelei. ;'~ost of the ~s~ndents discussed 0 vartety of negattve effects. 0nly r~ve resNndentS (~4:) sitd t~t a~lt entlr~t~nt bustles ~d ve~ 1title effect on sur~und(ng p~Nrt¢ll. 0f these, thee appraiser felt t~t these types of businesses locited in colliereta1 still that ~ert ilready blt heed. A11 resNndentS (ndicltld their a~irlneSs Of ,,hi extstofica of adult entertainment businesses tn Oklahoma Ctty; many relate4 tO the ~Oth end/QcArthur 1neatton es a Dr'ira examle of an ~desireble cluster situation. Opinions are sunnartzed below: Not fOod: attracts undesirables, threat tO residents fl~lfng of safety I security. - acts iS a daterent to home sales iould you vent your hand or business next door? -forces good businesses out -tends to have I sneeze11 effec,, -an tonedtote transition begins, vtth the better qualit7 businesses Roving out and a lower :lass business myth tn (N~ shops, bingo Imrlors) -ef~arrassmnt to other businesses end cVtentol -lato hours, I~rtlng- trash and debrts- vandalism -children tn the area tfi danger of adverse. influence or by actual mTestattofi by Ixrverted Dapple draw~ to such eStabllSlumntS T~ptcal shoplMrs and residents go elsewhere to sip. end. !f t~y're able to 11re. Zf there is a large coacentreZten of tats tTPe of IJustness, *.Mrs can be e very large loss t~ pro..Nrty value. -tends to prevent econoatc tal~rovement tn the erda, effects the comuntty as to attracting otAer businesses -detrtmtmntal ~mNct 06 rs~tOt fetes REPORT OF THE ATTORNEY GENERAL'S WORKING GROUP ON THE REGULATION OF SEXUALLY ORIENTED BUSINESSES June 6,1989 HUBERT H. HUMPHREY, III Attorney General State of Minnesota · ,ZZy MEMBERS OF THE All'ORNEY GENERAL'S WORKING GROUP ON THE REGULATION OF SEXUALLY ORIENTED BUSINESSES Ann Burird'latt Associate Professor UniverSity of Minnesota Law School Minneapolis, Minnesota Hotramble I(a~!een 14. BINz Minnesota House of Representatives IR/Bloomington, Minnesota Honorable Tei1'y M, Dempsey Minnesota House of Representatives IR/New UIm, Minnesota Thomas L Fibel Undquist & Vsnnum Minneapolis, Minnesota John Ls~o~ Minneapolis Chief of Police Minneapolis, Minnesota Councilwoman Minneapolis, Minnesota Hie Kalfaleen Vellengl Minnesota House of Representatives C)FL/SL Paul, Minnesota Councilman St. Paul, Minnesota TABLE OF CONTENTS INTRODUCTION .....................................................................................................1 SUMMARY ..............................................................................................................3 IMPACTS OF SEXUALLY ORIENTED BUSINESSES ......................................... 6 Minneal;x~is Study ..................................................................................................S SL Paul ....................................................................................................................7 Indianapolis ............................................................................................................8 Phoenix ....................................................................................................................9 Los A~qgeles ....................................................................~ .......................................10 Concenttatjon of SexuaJly Oriented Businesses Neighborhcxxt Case Study .. 10 Testimony ...............................................................................................................12 SEXUALLY ORIENTED BUSINESSES AND ORGANIZED CRIME .................... 14 PROSECUTORIAL AND REGULATORY ALTERNATTVES .................................. 20 OBSCENITY PROSECUTION ...............................................................................21 RECOMMENDATIONS ..........................................................................................24 OTHER LEGAL REMEDIES ......................................................................... ..........25 RICO/FORFEITURE ...............................................................................................25 RECOMMENDATION8 ..........................................................................................28 NUISANCE INJUNCTION9 ...................................................................................28 RECOMMENDATIONS ........................................................................................30 ZONING ...........................................................................................................30 Supreme Court Decisions .....................................................................................31 -i- Standards and Neecl for Legal Zoning .................................................................35 Oocurnenta:ion to SuppOrt Zoning Orclinances ..................................................36 Availanility of Locations for Sexually Orients~l Businesses ................................37 Distance Requirements ............: ....................................................................~ .......39 Requiring Existing Businesses to Comply with New Zoning ............................. 40 RECOMMENDATIONS .........................................................................................41 UCENSING AND OTHER REGULATIONS ..........................................................41 RECOMMENDATIONS ..........................................................................................44 CONCLUSION .......................................................................................................45 INTRODUCTION Ma~y communities in Minnesota have raised concerns about ~he imC~act of sexually oriented businesses on their quaiNt,/Of life. it has been suggested that sexually oriented businesses serve as a magnet to draw prostit~rtion and 0~er crimes into a vulnerable neiglql3orhood. Community groups have also voiced the concern that sexually oriented businesses can have an adverse effect on property values and impede neighborhood revitalization. It has I:)een suggested that spillover effects of the businesses can lead to sexual harassment of residents and scatter unwanted evidence of sexual liaisons in the paths of children and the yards of neighbors. AJthoug/q many communities have sought to regulate sexually oriented businesses. these efforts have often been controversial and equally often unsuccessful. Much community sentiment against sexually oriented businesses is an outgrowm of hostility to sexually explicit ~Orrns of expression. Any successful strate<Jy to combat sexually oriented businesses must take into account the constitutional rights to free speech wiqich limit available remedies. Only those pomegrsphio materials which are determined to be "obscene' have no Constitutional protection. AS ex;lained later in more detail, only that I~ornography which, according to community standards and taken as a whole, "appeals to the prurient interest' (as opposed to an interest in healthy sexuality), describes ot depicts sexul conduct in a "patermy offensive way' and "lacks serious literary, artistic, ix~litical or scientific value,' can be prohibited or i:rosacuted. Miller v. California, 413 U.$. 15, 24 (1973). harm ~ burdening lrnt Amendment right~ In order to reduce at Niminate the impacts of sext. mlly oriented businesses, eac~ community must find the balance between the dangers of pornography a~d the constitutional dghts to free speech. Eac~ community must have avtdm of ha,-m. Each community must know the range of legal tools which can be used to combat the adverse impact~ of pomogral~qy and sexually oriented businesses, -1o On June 21, 1988, AttOrney General Hubert Humphrey III announced the fo,'mation of a Working Group on the Regulation of Sexually Oriented Businesses to assis[ public officials arid private citizens in finding legal ways to reduce the impacts of :exually onented businesses. MereDare of the Working Group were selected for their special expertise in the areaS of zoning and law enforcement and incJuded bipartisan representatives of the state Legislature as well as matadors of Ix}fit the Minneapolis and SL Paul city councils wi'to have played c~itical roles in developing city ordinances regulating Sexually oriented busines.s~s. The Working Group heard testimony and conducted briefings on the impacts of sexually oriented businesses on crime and communities and the methods available to reduce or eliminate these impact. Extensive researct~ waS conducted to review regulation and prosecution ~ategies used in offiar states and to analyze the legal ramffications of these .~jsgies. A.s testimony was prosemad, the Working G,'oup reached a consensus thin a comprehensive approaciq is required to reduce or eliminata rite impacts Of sexuaJly odented businesses. Zoning and licensing regulatiot~ are needed to protect residents from the irtmJsion of "combat zone' sexual m and harasan-mnt into their neighDorhoods. Prosecution of obscsnity has played an important role in each of the cities which have significantly reduced 0¢ eliminmed pornography. The additional threat posed by rite involvement of organized crime. if proven to exist, may justify the resources needed for prosecution of obscenity'of require use of a forfeiture or racketesdng statute. The Working Group deten'nined that it could neither advocate prohibition of sexuaJly explicit mmarial not rite use of regulation as a pretext to eliminate all sexuaily conveys a me~mge which Is degrm:ling to women and an ~ffront to htrnan dignity. Commercial pomo~ m tl'w misuse of vuinera~e people and can be used by ember a pef!~rator or I victim to ~;-i~qalize sexual violence. Sexually oriented busine~es have a detma~ing effect ulX~n neighborhoods and draw involvement of organized crime. Communities are not powerless to coml3at these proiDioms. But to be most effectWe in defending itself from pOrnocjral:}hy each communiW must wen< from the evidence and within the law. The report of trlis Working Grou~ is c~esigned to assist WccaJ communities ~n developing an appropriate and effective defense. The first section of the report cliscusses evidence that sexually oriented businesses, and the materials from which they profit, have an adverse impact on the surrounding communities. It provides relevant evidence whic~ Ioca/communities can use as part of their justification for reasonaisle reguiation of sexuaJly oriented businesses. The Working Group also discussed the relationship behveen sexually oriented Z3usinesses and organized crime. Concerns ai0cut these broadar effects of sexually oriented businesses underlie the Woming Group's' recommendations that ol:}-'~.enity Should 1oe prosecuted and the tools of ol3scenity seized when sexuaily oriented businesses I}reak the law. The second section of this report describes strategies for regulating sexually odefred businesses and prosecuting oiosCenity. The report presents the principal alternatives, the recommendations of the Working Group and some of the legal issues to consider when these strategies are adopted. The goal of the Attorney General's Working Group in providing this repo~ is to support and assist local communities who are sa'uggling against the bljght of pomegraplqy. When citizens, police officers and city officials are concerned a~out crime and the deterioration of neighbomoods, eactt of us lives nex~ door. No community stands alone, SUMMARY The Attorney General's Working GrOup on the Regulatiott of Sexually Oriented Businesses makes the following recommeridations to mist communities in protecting themselves from the adverse effects of sexually odented businesses. Some or aJl of these recommendations may De needed in any given community. Each Community must decide for itself the nature of the problems it faces and the !0reDoSod solutions wiqicn would I~e most rming. 1. City and county attorneys' offices In the Twin Cities metropolitan area should designate a prosecutor to pursue obscenity prosecutions and support that prosecutor with speclallz!d training, 2, The Legislature should consider funding a pilot program to demonstrate the efficacy of obscenity prolocution and should encourage the pooling of resourcel ~etween urban and suburban prosecutor offices by making such cooperation a cond/tlon for receiving any such grant funds. 3. The Attorney General should provide Informstlonel resources for city and county attorneys who prosecute obscenity crimes. 4. Obscenity prosecution8 should begin with cases Involving those materials which most flagrantly offend community standards. 5. The Legislature should amend the prosera forfeiture statute to include as grounds for forfeiture all felonies and grot4 misdemeanors pertaining to solicitation, Inducement, promotion or receiving profit from prostitution and operation of a "disorderly house." 6. The Leglslsture lhould consider the potential for a RICO-like statute with an obscenity predlcsts. 7. Prosecutora ahould use the publlo nuisance statute to enjoin operations of sexually oriented buslneues which repeatedly violate lswI pertaining to prostitution, gambling or operating a disorderly house. 8. Communities should document findings of adverse secondary effects of sexually oriented businesses prior to enacting zoning regulations tO control these uses so that such regulations can be upheld if challenged In court. 9. TO reduce the adverse effects of sexually oriented businesses, commun/tlel should adopt zoning regulations which set distance requirements between sexually oriented businesses and sensitive uses, including but not limited to residential areas, schools, child care facilities, churches and parks. 10. 1'o reduce adverse Impacts from concentration of these businesses, communities should adopt zoning ordinances which set distances between sexually Oriented businesses and between sexually oriented businesses and liquor establishments, and should consider- restricting sexually oriented businesses to one use per building. 11. Communitlas should require existing businesses to comply with new zoning or other regulation of sexually oriented businesses within a reasonable time so that prior usel will conform to new laws. 12.. Prior to enacting liCensing regulatlon8, communities should c~ocument ~ndlngl of adverse secondary effects of sexually oriented businesses and the relationship between these effects and proposed regulaUons s~ that such regulations Can be upheld if challenged In court, 13. Communities should adopt regulation8 which reduce the likelihood of criminal activity related to sexually oriented businesses, including but n~t limited to open I~oth ordinanCes and ordinances whlc/t authorize denial or rev{~r.~tlon of liCenses when the liCenses has committed offenses relevant t~ the operation of the business. -5- 14, Communities should adopt regularlone which reduce exposure of the community and rainore to the bllghtlng appearance of sexually oriented businesses, including but not limited to regulations of signage and exterior design of such businesses, and should enforce state ~aw requiring sealed wrappers and opaque covers on sexually oriented material, IMPACTS OF SEXUALLY ORIENTED BUSINESSES The Working Group reviewed evidence from studies conducted in Minneapolis and St. Paul and in offer cities throughout the country. These studies, taken together, provide compelling evidence that sexualy oriented businesses are associated w~h high crime r:~res and depression of property values, In addition, the Working Group heard testimony mat the cta-acter of a neigiqbothood can dramatically change when there is a concerto'orion of sexually oriented businesses adjacent to residential property. MlnnesDolle Study In 1980, on direction from the Minneapolis City Council, the Minneapolis Crime Prevention Center mined the effects of sex~riented ~ alcOhol~dented adult entertainment upon property vim ~ crime rates, This study used both simple regression and multiple regression ~i~stical armysis to evaluate whofor the~e was a causal retatiortship 13etween these businesses and neighl:}ofhood blight. The study concluded ttal fore was a dose association between sexually oriented ~usinesseS, high crime rates and low housing virtue in. a neighborhood. When me data wal rNxamined using C~j,,:-~ vatia~e~ suctt ea tl~ mean income in the neighl:xxho~ to dmkte whemer the sssocial~}n pmve~ causation, it was undeer whemer sexually oriented businesses caused · decline in property values. The Minneal:}olis stljdy corlctuded ~ sexljaily otiefited Ixlsiflesses Conc~bale in areas which are relatively deteriorated and, at most, they may weakly contribute to the continued depression of property values. However. the Minneapolis study found a much stronger relationShiD t;et.veen sexually oriented businesses anct crime rates. A crime inclex was constructed incluciing robhen/, I;urglary, fade end assault. The rate of crime in areas near sexually crientecl businesses was ~en compared to crime rates in other areas. The stucly drew fOllOwing COnClusiOnS: 1. The effects of sexually oriented businesses on the crime rate index is positive end significant regardless of which control variai~le is used. 2. Sexually oriented businesses continue to be associated with higher crime rates, even when the control variables' impacts are considered simultaneously. Accorffing to me smfi,-~cal analysis conducted in the Minneapolis study, the addition of one sexually odented business to a census trac~ area will cause an increase in the overall crime rate index in that area by 9.15 crimes per thousand people per year even if all other social factOrS remain unchanged, St. PsuR In 1978, the SL Paul Division ot Ranning and the Minnesota Crime Control Planning boarcl conducted a study of the relationship I}etween sex-oriented and aJcohol-oriented adult emedainment I:)usinessee and neighUomoed bligl~t. This sludy looked at crime rates per thousand ~ median housing values over time as inclices of neigiqUomood detariorali3n. The study CornDined sex-orisnted and icol~ol-oriented businto. as. so ie c~,:kek:ms are on/y suggestive of tire effects of sexually oriented businesses alone, Nevmlhaless. the study reached the following important 1. Them is I stalLsltcily significant correlation between the location of adult businesses and neighbomood deterioration. 2. Adult er~ettainme~ estal:}lishmenLs tend to wocate in somewhat deteriorated areas. 3. Additional relative deterioration of an area follows location of arl adult business in me area. 4. Thee is a significantly higher crime rate associated with two suc~t businesses in an area thart iS assodated with only one aduit business. 5. Housing values are also significanUy lower in an area wriere mere are three adult businesses then they are in en area with only one such Dusineas. Similar conclusions al:~out the adverse impact of sexually oriented businesses on the community were resctqed in studies conducted in citJ'es altoas the nation. Indianapolis In 1983, the City of Indienal~:dis researched the relationship between sexually oriented businesses end property values. The study was based on data from a national rendore sample of 20 percent of me American into of Real Estate Appraisers. The Stu~/found me following: 1. The appraises ovwwhalmingly (80%) felt thai an adult bookstore Ioca/ad in · neiVhlX~hood would have a negaUv~ iml:mct on residential property values wimin One bkx:k of me site. 2. The real estate experts also overwhelmingly {71%) believed thai there would be a detrimental effect on commercial properly values within bhe same one block rediu,t 3. This negative impac~ dissipates as the distance from the S~to increases. sO that most appraisers believed that by three blc~'..ks away from an adult bookstore, its impact an 13ro~erty values would he minimal. Indianal:)olis also studied the relationshiD 13etween crime rates and sexually oriented bookstores, ceDareta, theaters, arcades and massage parlors. A 1984 Study entitled "Adult Entertainment Businesses ~ Indlar~.apolis' found that areas wiffi sexually oriented businesses had highs' crime rates than similar area with no sexuaJly oriented businesseS. 1. Major crimes, suc~q as criminal homicide, rape, robbery, assault, bu~:glary, and larceny, occurred at a rate that was 23 percent highs' in those areas which had sexually oriented busines~ee~ 2. The sex-related crime rate, including rape, indecent exposure, and c~ild molestation, was found to be 77 percent highs' in m areas wire sexually oriented businesses. Phoenix The Planning Department of Phoenix, Arizona published a study in 1979 entitled "Relation of Criminal Acljvity and Adult Businesses.' This study showed that arrests for sexual crimes ~ me Ioca~on of sexually oriente~ businesses were directly related. The study compared thee areas with sexually orientsd businto wire three con~ol areas which had sirelist demo~ and land use cttaracts'imic~ but no sexually 2. The sex crime rate wa~ 500 percent higher in those area~ wit sexually oftentad businesses. 3. The study area wi~ the greatest concentration of sexually oriented ~usinesses had a sex crimes rate over 11 times as large as a similar area having no sexually oriented businesses. Los Anqelee A study released by tlqe Los Angeles Police Department in 1984 sup;arts a relstionsl~ip between sexually oriented businesses and rising crime rates. This study is less definitive, sinc/it was not designed to use similar areas as a conlrol. The study indicated fist there were 11 sexually oriented adult establishments in the Hollywood, California, area in 1969. By 1975, the number had grown to 88. During the same time pedod, reCx}~ed incidentS Of "Part I' crime (i.e., homicide, rape, aggravlad assault, rol::}l:}ery, burglary, larceny ~ vii'tide theft) increasecl 7.8 percent in the Hollywood area v/nile the rest of LoS Angeles had a 4.2 percent increase. "Pit I1' arrests (i.e. forgery, prostitution, narcotics, liquor law violations, and gamE}ling) increased 3.4 percent in the rest Of Los Angeles, but 45.4 percent in the Hollywood area. Concentration of $ixually Orlented Businesses Nel{=hborhood Case Studv In SL Paul, them is one neighborhood which has an especially heavy concerm'ation of sextmily orienteel businesses The blocks aallacent to 'the intersection Of University Avenue and Dale Street h~ve more than 20 I;ercent Of t~e city's adult uses (4 out of 19), including all Of St, Paul'e sexually oriented bookstores and movie them The nelgl~l}ort~ as · whole, m signs Of significant distress, including the highest unsmploymem rise iq me city, me h~qast percsntsge Of fami~ below the poverty ~e ks me r..Ey, the k=west med~n rarely home and me lowest pw'csntage of high scttool and oollege graduates. (See 40.Aa's Study on Adult Emertsinment. SL Paul Deparlment Of Ranfling and Economic Development, Division Of Planning, 1987 at p. 19.) It would be difficult to attribute bhese problems in arp/simple wsy to sexually odented businesses. However, it is likely that there is a relationship taetween the concentration of sexually oriented businesses and neighborhood crime rates. The SL Paul Police De~arrnent has determined that St. Paurs street Drostttution is concentrated in a "street prOstjtutiOn zone' immediately adjacent tO the intersection where tl~e sexually oriented businesses are located. Police statistics for 1986 show that. Of 279 prostitution arrests for which spec/fic locations could be identified, 70 percent (195) were w~lqin the "sO'eet prostitution zone.' Moreover, all of the locations with 10 or more arrests for prostitution were within this zone. The location of sexually oriented businesses has also created a perception in the community that this is an unsafe and undesirable pafi of the cit% In 1983, Western State Bank, which is curt-entry located acro.t~ the street from an adult bookstore, hired a research firm to survey area residents regarding their preferred location for a bank and their perceptions of different locations. A sample of 305 peol~le were given a list of locations and asked, "Are there any of these locations where you would not fed safe conducting your banking business?' No more than 4 per cent of the respondents said they would feel unsafe banking at other locations in the city. But 38 percent said they would feel unsafe banking at Dale and University, the comer where the sexually oriented businesses are concentrated. The Working Group reviewed the 1987 40-Acre Study on Adult Entertainment prepared by the Division of Planning in SL Paul's Department of Platruing ~ Economic DeveloDment. This study summarized testimony presented to the Planning Commission rm3ardlng nsighbon'~:x:l problems: Residents in me Unive~itylOaJe area rsCx~ f~quent sex-related harasarnent by motorists and pedesffian~ in the neighbomood. Althoug~ it carmot be proved ~ ll~ harassera are pa~or~ of adult busines,~s, it is reasona~e to suslaect such a Connection. Moreover, neighbomood residents sul}mitted e~dance to the Pfannaqg Comm~k~q in the fonn of discarded pornographic liter~a~e allegeclly found in ~e streets, sidew~Jk,~ bushes e~l alleys near adult businesses, Sudl literature is sexuaJly very explicit, even on the cove', -11- and undar ~he present circurnsm~nceS I:}eccmes ava,able to miners even thougtq/ts sale to minors is prohibited. Testimony The Working Group heard testimony that a concentration of sexually offerfled businesses has serious iml~acts upon the surrounding neighi~3maod. The Working Group heard that pomograpt~ic materials are left in adjacent lots. One persort rsl3oned to the police that ne had found 50 pieces Of pomograplqic material in a churctt parking lot near a sexually oriented business. Neighbors report finding used condome on their lawns and sidewalks and that Sex ac~ wire pmst~utes occur on streets and alleys in plalrl VieW Of farniJiee arid children. The Working Group heard tesl~ ml arre~ rates understate the level of crime --esocioted with sexually edented businto Many rol~bertes and thefts from "jotins' and many assautts upon prostitutes are never reported to the police. Prostitution also results in harassment of neighborhood residents. Young girls on their way to school or young women on their way to worn are often proposiliotted by jolqns. The Rick theater caters to homosexual trade, and ma/e prostitution ha~ been noted in the area. Neighborhood boys and men are also accosted on the streeL A police officer testified that One resident had informed him that he found used condome in his yard all the time. Both his teenage son and daughtar had been solicimd on their way to sc~ool and to wom. The Wort<ing Group heard testimony that in me Frogtown ~, immediitsl%, norm of fie Unmity-Oale intersection in SL Paut, m has been a change over time in me quality of I~e since me sexuslly oriented businto moved m the are& The Woddng Group heard thai the neighbonhood used to be pdmanlf middle alas,% did not have i high cttme rate and did not have prostitution, St, PIll police officers testified that may believed the sexually oriented businesses caused neighbofftood problems, particularly the increase in prostitution arx;I other crtne rates. Propen'y values were suffering, since me presence of high crime rates made It~ area -t2- faalqion wirjq organRed crime $~ther me mafia Qr some o~er facet cf non- mafia never-the-leSs ~ighly organized crime. ~_d. at 1047-48. Thomas Bahling of t~e Chicago Police Department Organized Crime Division. vice Control Section, told the Pornograpiqy COmmission trtat "it is ~e belief of state, federm and local law enforcement that the pornography industry is controlled Dy organized crime families. If they do not own the business outright,' they most certainly extract street tax from independent smut peddlers.' Id. at 1048 (empiqasis in original). The Pornography Commission stated that it had been advised by Los Angeles Police Chief Daryl F. Gates that "organized crime families/tom Chicago, New York, New Jarsey and Florida are openly controlling and directing ~e major pornography operatiOnS in Los Angeles.' td_.. The Pornography Commission was told by Jimmy Fratianno, described by the Commission as a member of LCN, "that large profits have kept organized crime heavily involved in the obscenity industn/." Id. at 1052. Fratianno testified that "95% of the families are involved in one way or another in pomography .... Ire too big. They just won't let it go.' Id. at 1052-53. The Pomography CommissiOn concluded that "organized crime in its traditional LCN forms and other forms exerts suDstantial influence and control over the obscenity industry, Though a nurnl:}er of signil~ producers arid distributors are not members of LCN families, all major p4'oduceel and distributors of obscene material are highly orgaiqizsd ~ carry out illegal activities wire a great deal of sophisticatk}n." Id. at 1053. The Pamogragt'q Commission reported that Michael George Thevie, reportedly one Of the largest pomographers in me United States during the lg/0's was convicted in 1979 of RICO (Flecksfeet Ir~luenced and Corrupt Organizations) violations including murder, arson and extortion. The Commission =leo reported examples of other crimes associated wiffi the ~ industry, including prostitution and other sexual aDusa, na/cctics distribution, money laundering and t;;lx vio}aIiOns, copyrig~ vioiatio~., fraud. id. at 1056-6~. AJmougiq me Pomogral:)ny Commission report has been Criticized for relyilxJ on the testimony of unreliable informants in drawing its conclusions finding links between pornography and organized crime (See Scot Book Reviews, 78 J. Crim. L & Criminology 1145, 1158-59 (1988}), it~ conclusions find edd/tional supf3ort in recent state studies. The Ca~/fomia Department of Justice recerm'y reported ~at: CaJifomia's primacy in the adult videotape industry is of law enforcameqt concam because me pomogrephy business has been prone to organized crime involvement Iramanse prates can be realize~ l~'ough t~arno~ operations. and until recently, making and distributing pornography involved a relatively ION risk of proseajtlo~. But mo~e a~'ess~v~ law enforcement efforts and turmoil within ~e pornography Touainess hal alestabilized ~e smoom flow of easy money for some of ~ major am .... As long as conO'ol over pornography disffibution is contested. anal organized Crime figures continue fteir involvement in me I~usiness, ~e pomogrephy industry will remain of interest to law enforcement offidols statewide. Bureau of Organized Crime and Criminal Intelligence, Oepa~b',,ent of Justice. State of California. Oraanized Crime in California 1987: Annual Report to the California Leqislature at 59-62 (1988). The Pennsylvania Crime Commission similarly determined in a 1980 rapart mat mo~tporno!~pl,~/smreeexaminm:lwemaffalatadorowneclbyoneofthreemenwho organize(l crime families." Perusylvania Crime CaromLesion, A Decade of Omanfzed Crime: 1980 Repod M 119. FOr example, Reuben Stun'nan, a leacling pomogral:my indusm/figure based in Cleveland, was reported by me FBI in 1978 to have 12f. tt his empire wit ltte assistance of LCN member DiBemardo. Federal Bureau of IrNeSticlation ReOort Reqardin{3 ~e -19- Extent of Or{lanized Crime Involvement in Pornoqra~ohy (1978}. Slurman, who retoortedly r.~ntrola haJf Of the $8 Dillion United States 13omograO~y industry, was recently indicted by a federal grand jury in Las Vegas for racketeating violations and ay a federal grand jury in Cleveland for income tax evasion and tax fraud. Newsweek, AuguSt 8, 1988, p. 3. Evidence of the vulneral;i]ity of Sexually oriented businesses to organized crime involvement underscores the importanCe of criminal prosecution of these businesses widen they engage in illegal activities, including dist~ibutjon of obscenity and supi3or~ of prostitution. Prosecution can increase the risk and reduce the pror~ margin of conducting illegal activities. It may also disclose organized crime association with local pornography businesses and increase the costs of criminal enterprise in Minnesota. In addition to prosecution, forfeiture of property used in the illegal activities telreed to sexually oriented businesses can cut deeply into prOffis. Regulation to permit license revocation for conviction of subsequent crimes may also expose and increase c~ntrol over criminal enterprises relied to sexuaJly oriented businesses. PROSECUTORIAL AND REGULATOFIY ALTERNATIVES The regulation of many sexuafiy oriented businesses, I~e other businesses dealing in activity wittt an expressive component, iS circumscribed by the First Amendment of the United States Constitutlon.~ Nonethe|ass, the First Amendment doee not impose a barrier to the prosecution of obscenity, which is not protected by the Amendment, or to rsssonal31e regulation of sexumly oriented businessea if the Congress shall make no law respecting an establisiqmem of religion, at prohibiting me free exercise thereof;, or abridging the fre~lOm of speec~ or of ~ pros,s, or the right of the peo re 10am to assemble, or to petition the government for a redress c~P;rievances, The constitutional ee of freedom of speech, often the basis for challenges to regulation of s~en~ed businesses, restricts state as well as federal actions. 4 192 Se~., e.a., F~ske v. Kansas, 274 U.S. 380, ? S. Ct. 655 ( 7). regulation is not c~esigned to $u;press the content cf expressive activm/and i~ sufficiency tailofe~ to acc43mplish me regulatory purpose, The Working Group believes that communities have more prosecutotial and regulatory opportunities than they may currently recognize. The purl3ose of this section of the Report is to identify and recommend enforcemer'K and re<3ulatOn/ oO;}elunities. Of course, each community must decide on it~ own how to balar,~ il~ limited resources and the wide variety of competing demands for such resources. I. OBSCENITY'PROSECUTION Obscene material is not ~otected by the First Amendment. Miller v. California, 413 U.S. 15, 93 S. CL 2601 (1973). The sale or disail3ution of ol:}scene ~ in Minnesota is a criminal offense. The penalty w~s recenffi/increased to up to one year in jail and a $3,000 fine fOr a r~st offense, and up to two yeats in jai and a $10,000 fine fOr a second Or sul~quem offense wiffiin rwe yeats, Minn. Star. t 817.241, suixI. 3 (1988)._4/ The Working Group believes ma~ Mlnnesota's oDscenity statutes are adequate to prosecute and penalize bhe sale and disffil~tton of obscene materials. However, historically, widespread obscenity prosecution has not occurred. The Worldrig Group I~alieves ~ is not because mi sale Or d;:-~,i;3ution of obscene pul~licmiot~ in Minnem3tl is tit ~ I~cause prosecutors have ~ ralucl~i'l~bring ol~,cenity charges, I:}ecause of limited rasot~s, dilf'ojitJel facecl w~en obscenity, and I~cm.me ol:~::artity has hiatotically been cor~idared a victlmles~ crime. The prier_ penjty was a fine orgy - up to $10,o00 for a ~ offense and up to $20,000 for, ~ Or sul~ offense. Minn. Stat. t 617.241. sul3~L. 3 (1986). Obscenity m are so, itffrequem mat inctdan~ invoMng ~ · ~ of section 617,241 are not Se compiled by me Mlnn~oto eB~u~ of Cdminal Comprehension. See Bul'~l~ra~C~n~al Apore~arm 1987 Minnesota Annual Report on Crime, IVlT~Ina Children and Bureau of Crimink:~AOoretq ns on AC~vitieS. -21 - Obscen~y, nowever, shoutd no longer 13e viewed as a victimless crime.5_l Tl~ere ~S mounting evidence that sexually oriented I:usinesses are. as described earliar in ~r~is report, often associated wffil increases in crime rates and a decline in the qualift of life at neighborhoods in which they are located. Further, as discussed previously, widen there is nO prosecution of ol0scenit,f, large casr~ prof'~s make pornographic operations very am'active to members of Organized crime. The Working Group thus 10elieves that prosecution of obscenity, particularly cases involving children, violence or be,stiality. should assume a higher priority for law enforcement officials. In addition, many of the difficulties faced when prosecuting oioscenity can De addressed by adequate raining and assistance. In order to prove that material is obscene, a prosecutor must prove: (7 tha~ the average person, cOplying contemporary community standards would rrtd that the work, taken as a whole, appeals to the prudent interest in sex; (ii) that the work depicts sexual conduct... in a paterffiy offensive manner;, and (iii) that the work, taken as a whole, lacks serious literary, artistic, . political, or Scientific value. Minn. Star S 617.241, sulxI. l(a)(i-ii~ (1988). This statutory standard was drawn to be consistent with constitutional s/a,ndards set forth in Miller, supra, _5/Two blue ribl:N:~n commisjo~.~ have react~ecl different cor~dusiota r ardh3 the harrr~uiness of sexually exC~icit meflal to individuals. A presidential ~r~ni,~ion on Obscenity aml ~r~3ncl!ed in 1970 that there was no evidence of "sodel of individual harms caused by sexually icit materials arid, therefore, "federal, state and local I islation ptolq'biting the ~ei, exhibition, or dlstrilx~ion of .However, rl 1986, ltl A~on'ley Gener 'a Co lion on mography cormttx:led that , ,en, .,re.alp... bear ...us=toam of sexual violence ... [and at] the evidence supporto me conclusion at $uDstarltial ex ure to [nof,-violeflt] degl'ed'.~ rrlaterial increases the likelihood for an individuaJ ~!... commit an act of sexual vmolm or sexual coerciork" Attomey General's Comm'n on PornograD~r,/, I Final RePort at326, 3,t3 (1986}. th To De sure, prosecutors face a numC}er of hn?nrdS in prosecuting ohscenrty. The,t inCJude inadequate tra/ning in this specialized area of law, atternOts 13y defense attorneys to remove jurors wino find pornography offensive, the offering into ewdencs of polls and surveys through expert testimony to prove tolerant cornrnunity standarcls, efforts tO guide jurors with jun/instructions favorable to me defense, a. nd discouragement wits unsuccessful prosecutions. But the h-~-,ds can be overcome. AJan E. Seats, former executk, e director Of the U.S. Attorney General's Commission on Pornography has stated: Prosecutors can successfully obtain obscenity convictions in virtually any jurisdiction in the United States. In order to obtain a conviction, it is incurnl:}erd: upon a prosecutor to prepare well, know the law, not fail into the "one case syndrome' trap, obtsin a rs~esentaiive jury through proOer voit dire. keep the focu~ of :he ~ on the unlawful conduct of the defendant, and omaln legrely sound in~ns. Sears, "How To Lose A Pornography Cue,' The COL Reoorter (n.d.}. The Working Group heard testimony from proseojtors who have pursued obscenity cases nationally regarding effective ways to prosecute obscenity cases. Materials can be bOug~ or rented, rather than sei~.ed under warraft. In the absence of survey data, corrtmunity standards csn be isf~ to the wisdom of the jury. In thai case, experts should be prepared to testify if the defense attempts to make a sta~Lstical case thai the rnatsfiai is not obscene. Prosecution of obscenity is also likely to be most effective if initi~ prosecutions focus on rnaierim which are patermy offensive to the community, such as those irNdving children, violaticS or beasttality. oriented businesses. Clncinnsa, Oma~, AUanta, Cherk~e, Indlana!x~M and Fort Lauderda we1 cited IO ttte Working Group as exlmplee of citlel which have successful programs of ol3scenity prosecution._6/ The Working Group encourages prosecutors to take advantage of increasing training opportunities and other assistance for obscenity prosecutions and to reassess the desirability of increased enforcement. The Working Group is pleased to note mat county attorneys and taw enforcement grou~S in Minnesota have decently held forums and seminars on obscenity taw enforcement and prosecution. The U.S. Justice Oepartment's National Obscenity Enforcement Unit offers assistance to local prosecutors, including sample I;leadings, indictments, searoil warrants, motions, rssrx:r~ses and trial memoranda._7/ RECOMMENDATIONS 1. CI~y and county attorneys' offices In the Twin CIties metropolitan ares should designate a prosecutor to pursue ob$cenlty prosecutions and support that prosecutor wiffi speclellz~ttr~lnlng. 2. The Legislature Should COnsider funding e pilot program te demonstrate the efficacy of obscenity prosecution and should encourage the pooling ot resources between uricart and sul3urban prosecuting offices by making such cooperstlon a COndition of receiving any such grant funds. 6/Memorandum to Jim BelluS, executive assistant to SL .Paul Mayor George LaUmet ' (prepared 13y St, Paul _Oe~ertment of Ranni and Economic Development) (July 5, 1988); see also Watef~ 'The SQueeze on ~;leeze,' Newsweek, Feb, 1, 1988, at 4,5 ("Ntm' rnom than 10 yearn Of levying heavy ~es aml rna~ masts, AUamm has 7_/The Address Of the National Obscenity Enforcement Unit is U.8. Justice Oepam'nent, 10m & P ia Ave. N.W., Room 2218, Washington, D.C. 20530. Itsmnumlxr~5780, Assistance is also availal~ e from Cizerts for I Decency I~M'Ough Law, Inc,, 284,5 E, C~mell~act< Rd., Suite 740, Phoenix, AZ 85018. It is the pu~isher of "The Preparation and Trial of an Obsce Sty Case: A Guide for ~ 4 the Pro~ _AttOrrtey,° Its telerttone nurnl~r is 602-38 -1322, The National Obscenit~ Law Carfief, anomet private organization, is iccate~ at 75 Riverside Drive, Suite I New York, N.Y, 10115, it puDli,-Jqee an Obscenitv Law 8ulletfn the "Handbook on the Prosecution of Obscene/Case~" Its telera num~e~ is 212-870-3218, -24- Extent of Oraanized Crime Involvement in PomoqraC}l~y (1978). Stun'nan, wn,~ reportedly c, on'tols half of tine $8 Dillion United States pomograOlqy industry, was recently indicted by a federal grand jury in !_as Vegas for racketcoring violations and by a federal grand jury in Cleveland for income tax evasion and tax fraud. Newsweek, August 8, 1988, p. 3. Evidence of the vulnerability of sexually oriented businesses to organized crime involvement underscores the importance of criminal prosecution of these businesses wtqen they engage in illegal activities, including distribution' of ol:}scenity and support of prostitution. Prosecution can increase the risk and reduce the profit margin of conducting illegal activities. It may also disclose orgaiqized crime association with local pornography businesses and increase the costs of criminaJ enterprise in Minnesota. In addition to prosecution, forfeiture of property used in the illegal so~vities related to sexu~ly oriented businesses can cut deeply into profit3, Regulation to permit license revocation for conviction of subsequetqt crimes may also expose ~ increase control over criminal enterprises related to se}oJally oriented businesses. PROSECUTOFIIAL AND REGULATORY ALTERNATIVES The regulation of many sexually eriereed businesses, like other businesses dealing in activity with an expressive component, is circumscribed by the First Amendment of the United States Constitution.~/Nonetheless, the Ftst Amendmere doee not impose Amendment, or to reasonable regulal~on of sexually edented businesses if the C..ongre~8 shall ma~e no law respecting an estal~isttment of religion. or prohibiting the free exercise there. or al3rk:Iging the freedom ol'sl~ or of lhe press. or the f,3ht of me peo· pemceai~/ to asseml~le. or to petition the government for a redress {~rievanc~t The c~ guarantee of freedom of speech, oftan bhe basis fo~ challenges to r_e~jlatjon of sexu/ly oriented 13usinesses, resthcts ~iilt al well as federal actionS. 1 See. e.g., F~ske v. Kansas, 274 U.8. 380, 47 8. CL 655 (927). regulation is not designed t0 Sutal3ress the content of exC~ressive amivm/anti iS sufficiently tailored to ecc~mf~listt the regulaton/purOose. The Working Grou; 13elieves mat communities have more prosecutoriaJ a~cl recJu|atOry ol;¢)onunities man they may currently recognize. The ¢}url3ose of this seelion of the Report is to identify and recommend enforcement a~qd regulatonf otoC~ortun/ties. Of course, each community mu~t decide on its own how to ba~ar~e it~ limited resources a~l the wide variety of coml~eting demands for such resources. I. OBSCENITYPROSECUTION obscene materiaJ is not protected by the First Amendment. Miller v. CaJifomia, 413 U.S. 15, 93 S. CL 2607 ('~gT'J). The $a~e or dis'a'ibution of obscene material in Mlrmeso~ is a criminl Oftenst The ;enlty w~s recenffi/increa,~ed to up to one year in jail and a $3,000 fine for a first offense, and up to two years in jail and a $10,000 rme for a second or subsequent offense within five yearn. Minn. Star J 617.241, subd. 3 (1988)._-4/ The Working Group believes that Minne~ota's ot3scertity statutes are adequate to prosecute and penalize the sale and disffibution of obscene materials. However, historically, widespread obscenity prosecution ha not occurred. The Worldrig Group 13elleves this is not I~ecause the seie or distribution of ob~ne The ~ pwtlty wal · fine orily - up to $10,OQ0 ~ ·ftst offense ~ uP to ~,~ ~ a ~ ~ ~uR offe~e. M~ ~_: t 817.241, su~. 3 (1986). s~ 617.241 ~ ~ ~m ~P' ~ ~ ~ M~ ~m ~ ~inl Re~ on ~e, ~ ChddrM ~ Bureau of ~imin~ AO~ehensm -21- Ohscenm/, however, should no longer be viewed as a victimless crime.5_/The=re ~s mounting evidence that sexually oriented businesses are, as described earlier in this report, often associated with increases in crime rates and a decline in me qualify of life of neighDOrhoOdS in whicjq they are located. Furmet, as discussed previous~/, Nhen there is no proSeCution of obscenity, large cash profits maJ<e pornograpiqic operations very am'active to members of organized crime. The Working Group thus believes that prosecution of obscenity, particularly cases involving children, violence or bestiality, should assume a higher priority for law enforcement officials. In addition, manf of the difficulties faced when prosecuting obscenity can be addressed I~y adequate training and assistance. In order to prove that material is obscene, a prosecutor must prove: (s) mat the average person, applying contemporary corn~ standards would ~ that the wo~ ~aken as a wi~ole, appeals to the prutien~ interest in sex; (ii] that the work depic~ sexual conduct... in a paterely offensive manner;, and (ii~ that the wod~ taken as a whole, lacks serious literaq, ar~s~c, . political, or scientific value. Minn. Star. j 617.241, sulxI. l(a)(1-ii~ (1988). This si~jtory standaid was drawn to be consistent wiffi constitutional standards set forth in Miller, Two blue ribbon commissions have reached different conclusions the on Obscenity and ~Por~__,¢~ condudecl '19/0 mat bhete was98 no: of "federal, straw and Iocl I isletion prohibiting me ~ exh'bition, or clisa'lx~on of · However, s't 19~8, Itte Altomey Geneti's Comment on!cllllr~ ed that "sexually violent matedIs... bee... a ceus/iHatlonsh p to antisocial acts of sexual violence . .. [aml marl me evidence suplx}~ me c~x~jsion that subStaltial ex tO [noel-violent] degrad.jng materil klcrelsel tJqe likNh30d for an individual ~ ¢orrrnit an act of sexual wolertce or sexual coercion.' Ntomey 1 F~naJ rt at 2 General's Comm'n on Pornography, 0o 8, ( 8). To De sure, prosecutors face a humlast of in=7=rds in prosecuting o~scen~W. They include inadequate training in b~is specialized area of law, attempts by defense attorneys to remove jurors who find pornography offensive, the offering into evidence of polls and surveys througiq expert testimony to prove tolerant commun~W standards, efforts tO guide jurOrS with jury instructions favorai31e to the defense, and discouragement with unsuccessful prosecutions. But the hazards can he Overcome. Nan E. Sears, former executive director of the U.S. Attorney General's Commission on POmography has stated: ProsecutorS can successfully obtain obscenity convictions in virtually any jurisdiction in the United States. In order to ol::f. aln a conviction, it is incurnDent upon a proseoJtor to prepare w~l, know me law, not fall into the "one case syndrome' tral3, obtain a representative jury through proper voir dire, keep the focus of the thai on the unlawful conduct of ltqe defendant, and ol~tain legally sound inat~Jctions. Sears, "How To Lose A Pornography Case," The COL Reooner (n.d.). The Working Group heard testimony from prosecutors who h=ve pursued obscenity cases nationally regarding effective ways to prosecute obscenity cases. Materials can 10e 10ought or rented, rather than seized under wartdin. In the absence of survey data, community standards can be left to the wisdom of the jury. In that case, experts slqould De prepared to testify if the defense attempts to make a statistical case · at the material is not ol:~::ene. Prosecution of obscenity is also likely to be most effective if initial ~ focus on materials whic~ are.patently offensive to the The exm of ofier cities ha demonstrated that v~ ~ sustained enforcemere of ol=~4:enity slamtee c~n sharply reduce or virtually elimina~ sext~ly oriented Ixak~s~es. Clnctnnmt, Omaha, Atlanta, Charlotte, Indianapolis and Fort Lauderdale wenl cited to bhe WOrking Group as examples of cities whictt have succeSsful program· Of QD$cenity ~rosecu~ion._6/ The Working Group encourag~ prosecutors to taJ<e actvantage of increasing training o~portunktie· end omer sss~stence for obscenity prosecutions end to reassess the cl·siraDility of increased enforcement. The WOrking Group is pleased to note that county attorneys end law enf~cement group· in Minnesota have recenlJy held forum· end seminars on ol3scerlity law enforcement end prosecution. The U.S. Justice Oepartment's National Obscenity Enforcement Unit offers assistance to local prosecutors. irn~uding sample pie·clings, indictments, seareft waft·rite, motjons, responses end ~aJ memorends._7/ RECOMMENDATIONS 1. CIty and county attorneys' offices in me Twin CIties metropoliMn area should designate · pro~acutor to poraue ol~scenity prcaecutim~ and support that I~osecut~ witIt ·peQimilz~:l ~'aining. 2. The Llglllat~rl should consider funding · pilot program to demonsl3'ete ~e efficacy of obscenity prosecution and sho.ld encourage me pooling of resources between urban and 'su!~ud~n prosecuting offices by making ·u¢l~ cooperaUon a condition of receiving any such grant funds. 6/Memorandum to Jim Beaus, executive assistant to SL Paul Mayor Gecxge LaUmer ' (preDated I~/SL Plul ~ of:inn* uand Economic D. welop,,~c..4 ~ 5, se mo wee· 'The S ;uesa'un e,an°z,.' Newsweek. re. t. ("Alter more than 10 years of levying heavy fines and max artsee, 7./The Address ol 1118 Nelional Ol:}scenRy ;.do,x..,,gnl Unit is U.8. Justice Depr, U,:..~, lOUt & ia Ave. N.W., Room 2218, WMh'.r~j~=n,' D.C. 20530. Dsoency lhrough Law, Inc, 284,5 F_ Camelbe¢~ Rd.. Suite 740, Phoenix, AZ85018. It is U~e pul~lisher of "the Preparation ar,:l Trial of an Ol:ecenity Case: A Guide for the Pro~ Attorney.' Its telephone number is 802-381-1322. The National Obscen~ Law Center. anotNt private organize·loft. is locate at 475 Riveside Orive. Suite 238, New York, N.Y. 10115. It puDlishes an ObscenRy Law SulSb ar~l the 'Hendbook on ltte ProsecuUctl of OIDsc, ertity CAses.' Its telep/~ne ~ is 212-870-321 & 3. The Attorney General should provide Informational reeourcee rot city and county attorneye who prosecute olgscenlb/crimes. 4. Obscenity prosecutions should concentrate on cases that moat flagrantly offend community standards. II. OTHER LEGAL REMEDIES A. RICO/FORFEITURE In addition to traditional criminal prosecutions, use of RICO statutes and criminal arid civil forfeiture actions may also prove to he successful against ol3scen~ offenders. By attacking me c~rninal organiza~on and me profits of illegal acUvk'y, suciq actions can provide a strong disincentive to me establishmR ~ operation Of sexually oderiled businesses. For example, the federal govemmenf aml e number Of the twenty-eight states which have enacted rackmeet ir~uence~ and comJpt organization (RICO) statutes include obscenity offenses as predicate crime. Generally speaking, to violate a RICO statute, a person must acquire or maintain an interest in or corm'oi of an enterprise, Or must conduct the affairs of an enterprise through a "pattern of crimina/ activity.' That pattern Of criminal activity may include obscenity violations, whic~h in turn can expose violators to increased fines and penalties as well as forfeiture of all property acquired Or used in me course Of a RICO violation. These statutes gonerash/enable prosecutors to obtain either criminal or civt forfeiture orders to seize assee and may also be usecl to om lnjunctfve relief to divest tepee oftendes Of financial interests in sexuNht adented ~sinesses. See 18 U.S.C. il l~el-ea 0Nest Supp. 1988). Rr, O statutes may be ;ank~arfy, effective in dismanUing businesses dornVm~ed by organized crime, but they may be applied against otlqer targets as wail The Woddng Group belleve~ that .Minnesota should enact a RICO-like i~.iute that would ero~,,pass increased penalties for using a "pat~m" Of criminal ol}scenity act~ to conduct the affairs Of a Dusiness entity. Provisions authorizing the seizure of asse~ for obscenity violmiorts should be considered, but the llm;i~ns imposed by the Rrst Amendment must be taken into account. It h~ been a~gued that a RICO or forfeiture statute 13asecl on obscenity crlr, violations threatens to "cJqill protected speech' because it would f3ermit prosecutors tO seize non-obscene materialS from distributors convicted of violating me obscenity st3tute. America~ Civil I.jberties Union, POllutinq The CenSorshiD Oet3ate: A Summer'/ And Critique Of The Final Report ~ The Attorney Generai's Commission On PomoaralDhy at 116-117 (1986). However, a narrow majority of me United States Supreme Court recerrdy held that there is no cOns',jtutionN her to a m'S inclusion of substantive obscenity violations among me predicate offenses for its RICO statute. SaDDenfield v. Indiana, 57 U.S.LWo 4180, 4183-4184 (February 21, 1989). The Court recognized thai "any form ol criminal obscenity statute applicaDle to a bo{~kseller will induce some ten~ to self-censorship and have some inhibitory effec~ on me dissemination of mala~al not ODeCarlO.' Id._. 8I 4184. But the Court rtjled that, "lime mere assettiort of some possible self-censorship resulting from a statute is not enougiq tO render an anti-obscenity law unconstiluUor~ under ou~ precedent' IdJ The Court specificoily uphjd RICO provisions which inorea,qe penaiti~ where mere is a pa~em of multiple vidatlons of obscenity laws. However, in a companion case, the Court aiso invalidated a preffial seizure of a bookstore and ~ Contents after onh/a preliminaq finding of "pmbal:}le cause' to believe that a RICO violation had occurred. Fort Winthe Books, Inc. v. Indiana, 57 U,$,LW, 4180, 4184-4185 (February 21, 1989). The Court explained there is a rel3u~'-_,131e presumption thai expressive materials are protected I~/me Firs~ Id. at 4185, The CeJ~ did not specieally reach the fundamemai question of whemer seizure of permissible once a PJCQ vio/aOon is proved. The Court explained: IF}or the m of disposing of this case, we assume without deciding ~ bookstores and ~eir contern ate fotfeita~e (1Re other property from application of New Yam State nuisance law designed in pan to close places at prost/tution). AJthougn the Working Group believes mat nuisance injunctions wit~ an obscenity predicate would be effective in controlling sexuaJly oriented businesses. suc. n provisions would probably be unconstitutional under current U.S. Supreme Court decisions. Six Supreme Court justices joined in. the Arm result, but two of them - Justices O'Connor and Stevens - concun'KI with these words of caution: If, however, a city were to use a nuisance statute as a pretext for dosing down a book store I~ecause it sold indecent I:xx}ks or because of the perceived secondary effects of having a purveyor of suct't books in the neighl~orl~ood, the cese would dearly implicate First Amendment concerns an~ require analysis under the appropriate Firs~ Amendment ster~ard of review. Because there is no suggestion in the record or opinion below of suc.~ protextual use of the New Yore nuisance provision in this case, I concur in the Court's opinion and judgment. Arcar'a, supra, 478 U.$. at 708, 1069. CL at3178. In art earlier case, Vance v. Universal Amusement, 44~ U.8. 308, 100 ,S. CL 1156 (1980), the Court ruled unconstitutional a Texas public nuisance statute authorizing the dosing of a building for a year if the building is used "habitual{ly]' for the "commercial exhibitjon of obscene material.' Id. at 310 n.2, 100 S. Ct. at 1158 n.2. The Court's recent holdings in Sac}penffeld and Fofi W~fne Books, Inc. give no indication ~ the Court would now look more favo~ uport an injunction to dose down a facility wl~icl~ sold oldcede materials. The Cou~ assumed without deciding that forfeiture of I~e as.sets could be con.,~ in., RICO case. But. in making this aaSurnptlon, the Court distinguished fotfeitur~ of assets under RICO from a general reslrajm on prssumptively protected speech. The court apprcwe:l the reasoning of the Indlarl Supreme Court fiat, '"'The remedy of forfeiture is intended not to restrain the future dLsffibutfon of presumptlvely protected speeoh but rather tc disgorge assets acquired through racketcoring activity.' Fort W~me Books, Inc. at 4185. The Court assumed that RICO provisions could be upheld on the basis that -29- . "adding ol3scen~W-law violations to the list of RICO predicate crimes was not a mere. ruse tO sidestep me First Amendment,' ~d. WithOut the relationsl~iO to proceeds of crime, a remedy wnic.q dosed a facility for oD$cemty violations would be far less likely to w~thstand constitutional SCrutiny. RECOMMENDATIONS 1. Prosecutors should use the pubgo nuisance statute to enjoin operations of sexually oriented businesses which repeatedly violate laws pertaining to prostitution, gambling or operating a disorderly house. III. ZONING. Zoning ordinances can De adopted to regulate tl~ location of sexually oriented businesses without violating the First Amendment. 8uC~ ordinances can be designed to disperse or con{arm'ate sexually oriented businesses, to keep them at designated distances from specific buildings or area, such as churches, schools and residentia~ neighbonhoodS or to restrict buildings to a single sexually oriented usage. Because zoning is an important regulatory tool when properly enacted, the Working Group believes a careful explanation of the law and a review of I:)otsntial problems in draffing zoning ordinances may be helpful to communities considering zoning to regulate sexually oriented busineHes. -30- A, Supreme Court Decisions The U.S, Supreme Court upheld the validity of municir~al adult entertainment zoning regulations in Younq v. American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440 (1976), ar~ City of Renton v. Playtime Theaters, Inc., 475 U.S, 41,106 S.CL 926 (1986).8J 'In Young3, the Court upi~eld the validity of Detroit ordinances prohibiting the operation of theaters s~qowing sexuaJly exl~liCit "adult movies' within 1,000 feet of any two offier adult sstal~lishments.gJ The ordinances authorized a waiver of the 1,000-foot restriction if a prol:x3sed use would not be corm'aty to the public interest and/or other factors were satisfied. Younq0 supra, 427 U.S. at 54 n.7, g8 S.CL at 2444 n.7. The ordinances were supported by url~an planners and rasJ estate experts who testified that concentration of adult-tyl~e estai~lishment~ "tends to atra~ an ut~desita~la quantity and quaJity of transients, adversely affects mpertY values, causes an increase in crime, especiaily proatk'ution, and encourages residents and busineasas to move elsewhere.' Id._;, at 55, 96 S.CL at 2448, A "myrfed' Of locations were left available for adult estal~ishments outside the forbidden 1,000-foot tfistance zone, and no existing establishmonte were affected, Id_.. at 71 n.35, 96 S,CL at 2453 n.35, Writing for a plurality of four, Justice $tevens upheld ~e zoning OrdinanCe as a reasonable regulation of the place where adult ~ms may be shown because (1) there was a factual 13asis fo{: the city's conclusion that the ordinance would I~'event blight; (2) the ordinance was directed at preventing "seconda~/effects' Qf eduit-establis/r~mem concentration farmer than protecting Citizens from unwanted "offensive' speech; (3} the ordinance did not greatly restrict m to lawful speech, and (4) "t~e city mu~ be allowed a ressonai~le opportunity to experiment with solutions tO admittedly serious problems,' Id. at 63 n,18, 71 m.34, 35, 96 S. Ct. at 2448-49 n.18, 2452-53 nn.34, :35. The only rafx}tted Mhnesotacase revi ' an ' (up ddh3 faciW constmJt al y of SL Paul o db ance). 9J The ordinances also prohibited me location of an adult theaters within 500 feet of a residential ares, but this provision was invalidated the dLsffi~ coLvt, and that decision was not appealed. Youna v. American Mintl~eaters, in¢, 427 U.S. 50, 52 n.2, 96 S.CL 2440, 2444 n.2 (1976). -31- Justic~ Stevens did not expressly describe the standard he ~ad used, but ~t was c/ear that the plurality would afford non-obscene sexually explicit sOeec, n lesser First Amendment protection theft other categories of speech. However, four dissenters and one cOnCurring justice concluded that the degree of protection afforded speech by the First Amendment does not vary with the social value ascribed to that speec. Jq. In concurring opinion, Justice Powell sited that the four-part test of United States v. O'Brfen, 391 U.S. 367, 377, 88 S.CL 1673, 1679 (1968), should apply. Powell explained: Under that test, a govemmentai regulation is sufficiently justified, despite its incidental impact upon First Amendment interests, "if it is wiffiin the constitutional power of the Govemment; if it furmers an important or sul~stantiai governmonte inter~, if the govemmental interest fs unreimed to the sup~ession of free expression; and if the incidemat resffiction on... First Amendment freedom iS no greater than iS easentfa~ to the furmerance of that interest," 427 U.S. at 7980, 96 S.Ct. at 2457 (citation omitted), (Powell, J., concurring). Perhaps because Justice Stevens' plurality opinion did not offer a dearly articulated standard of review, post-Young courts often applied the O'Brfen test advocated by Justice Powell in hie concurring opinion. Many ordinances regulating sexually oriented businesses were invalldated under the O'Brien test. See P.M. Stein, Reaulation of Adult BLairasses Through Zonin{3 After Renton, 18 Poe, LJ. 351, 360 (1987) ("consistently invalidale~'); S.A. Benclef, Requlatino Pomo~raOr'q Throuqh Zoninq: Can We 'Clean UP' HOt~!ulu? 8 U. Haw. L Roy. 7'5, 135 (1988) (ordinances upheld in only 81~ut half b'te cases). Applying Youno, me eghm Circuit Court of Apgeals invaldmed a zoning ordinance adopted by the city o~ Minn~i8. Alexander v. City of Mlnneaoolis, 698 F.2d 936 (era Cir. 1983}. In Alexander, the clqailenged ordinance had three major reelfictions on sexually oriented businesses: disancing from specified uses, prevermon of concentration and ~.tlorfl,~tk~n. It prohibited a sexually oriented business from operating within 500 feet of dLslTicts zoned for residerffiai or office-residences, a churctt. °32- state-licensed day care facility and certain public schools. It fort~ade ~n adultS-only facilh'y from oldorating within 580 feet of any other adulLs-~nly facility. Finally. the ordinance required existing sexuajly oriented entertainment estalolishments to conform to its provisions by moving to a new location, if necessary. within four years. The Eighth Circuit ruled that the Minneapolis ordinance created restrictions too severe to Oe upheld under the Young decision. It would have required all frye of the city's sexually oriented theaters attd between seven and nine of the city's ten sexuaJly oriented bookstores to relocate and would have required these facilities to compete with another 18 adult-type estal:}lishments (saunas, massage parlors and "rap' p~tor$) for a maximum of 12 relocatidn sites. The effective result of enforcing the ordinance would be a sul:}stantial reduction in the number of adult bookstores and theaters, and no new adult lxx:}kstOras or theaters would be aDle to open, the Court concluded. Alexander, supra, 698 F.2d at 938. In Renton, supra, the United States Supreme Cour~ adopted a c. Jeerer standard under which regulation Of sexually oriented businesses cod{:t be tested and upheld. The Court upheld an Ordinance prohibiting adult movie theaters ~'om locating within 1 ,OO0 feet of any residential zone, single- or multiple-family d,~elling, churdq, park or school. Justice Rehnquist, writing for a Court majority thai included Justices Stevens and Powetl, stated that the Renton, ordinance did not t~an adult theaters altogether and that, therefore, it was "properly ar~yzsd as a form Of time, place and manner regula,-'k3n." fd_. at 4& 106 S.Ct. al 928. When time, place and rnaiqner regulat2ons aft "cOrnant- content,' they are "acce.f}Uble so long as they are designed to serve · sulostamlal govemrnentaJ interest and do not unremly limit m avenues of CQCTlrtttJrliCatj~" RehflqtJiQtStBted. Id._. He found the Renton orcllrtance to be contant- neu~,~; because it wa not aimed at the content Of rims shown at adult theaters. Rather, the city's "predominate concerns' were with the sec~ effects Of the theaters. Id_.. at 47', 106 $.CL at 929 (emphasis in original). Once a time, place or manner regulation is determined to be cornant-neutral, "It]he appropriate inquiry... is whefter the... ordinance is designed to sere a substantial government!. interest and · allow~ for reasonal;le avenues of communication,' Reiqnquist wrote for the Court. ~. · 50, lO6S,Ct. at 930. The Supreme Court found that Renton's "interes~ in Dreserving the quality of urt~an life" is a "vital" govemmentaJ interest. The suDstantiality of that interest was in no way diminished by the fact that Renton "relied heavily" on studies of the Secondary effects of adult entertainment establishments by Seaffie and the experiences of other cities, Rehnquist added. Id. at 51,106 S.CL at 9,36.31. ' The First Amendment does not re~luire a city, before enacting such an ordinance, to conduct new studies or produce evidence independent of that aireacly generated by other cities, so long as whatever evidence the city relies upon is reesonal~ly believed to be relevant to the proDiem that the city addresses. Tha~ was the case here. Nor is ~ holding affected by the fac~ that $eaffie ultimately chose a cli~erer~ memod of adult theater zoning man that crtosen by Renton, since Seaffie's choice of a different remedy to combat me ascondery effects of adult meaters does not call into question either Seaffie's identification of those secondary effects or the relevance of $eaffie's exl0erience to Renton. ~d. at 51-52, 108 S.CL at 931. Rehnquiat's inquiry then addressed the means chosen to further Renton's substantial interest and inquired into whether the Renton ordinance was sufficiently "narrowly tailored.' His corrrnents oq. Renton's means to furtrter its substamjal interest suggest thm municipalities have a wide latitude in enacting coment-neuri ordinances aimed at me secondary effects of edult-enmaainment establishmentS, He quoted me Yourq It is not our function to appraise the wisdom of [the city's] decision to require adult the~te~ to be soparmed rathe ftan conct,.mated in the same areas.. . . ['rJhe city must be allowed a ressonal~e opportunity to experiment with solutions to admittedly serious problems, I_d, at 52, ~06 $.CL at 93~ (quoting YourS, supra, 427 U.S. at 7~, 98 S.CL at 2453). AS to the "narrowly tailored' requirement. Rehnauist found that the Renton ordinance only affectecl theaterS producing unwanted secondary effects and. t~erefore, was satisfactory. Id. The second prong of Renton's "time, place, manne~' inquiry - the availability of altama~ve avenues of COmmunication - was satisfieS by the district COufi'S finding that 520 acreS of land, or more than five percent of Renton, were left available for adult- entertainment uses, even riough some of that daveloDeS area was already occupied and me undevelopeS land was not available for sale or lease. A majority of the Court found: That [adult theater owners] must fend for themselves in the real estate market, on an equal footing with omer prospective purchasers and lessees, doeS not give rise tO a First Amendment vidation .... In our view, the Firat Amendment requires Only thin Renton refrain from effectively denying [aduft theater owners] a reasonable opportunity to open and operate an adult theater wimin the city, and the ordinance before us easily masts this reSuirement, Id. at 54. 106 S.CL at932. B. Standards and Need for Leeel Zoninq Unlike Youn~ the Rerm~,, case spells out the standards by which zoning of sexua/ly otisriteS businesses shodd be tested. Renton and several lower co{,vt decisions rendered in its wake suggest tttat me two most critic/area/by which the ordinances wi be judgeS are 1) whether there is avidenc~ thai ordinances were enacted to address m impam on the community, and 2) whemer there are enoug~ locations sift available for sexually oriented businesses so thai zoning is not just ~ prete~ to alknm ixx~ogral~k: speec~,LO/ 101 Of 11 recent post-Renton adult-emeftelnrnent zoning decisions by fadefill courts, "five invalidateS ~, free upheld ordinances and tttree ordered · amend to dL~,;ct COurt for further piTN~_'Zoni ordinances were stnack inrAvalon Cinema Corp. v. Thorn son, 667 F.2r~}s'65~ (~'~ngCir. lg871( city council faileS to o~ (Footnote 10 ContinueS an~ex~ age) This sec~iorl first describes some of the legal considerations which ¢ommun~tie~ mUSt keep in mind h crrafting zoning orc/inances for sexually oriented t3usinesses. Then, some suggestions are proviclec~, I~asecl on evictonce reviewed by t~e Working Group, of types of zoning wnic~ can i~e enac~ecl ~o recluce r~e seconc/ary effects af sexually orionled businesses. 1. DocumentatIon to Suol~ort Zoninq Ordinances SexuaJly oriented speec, n whic~ is not or3scene cannot he res~'icted on the basis of /ts COntent without running afoul of ~e F;rsl Amendment. The justification for regulating sexually oriented businesses is based on proof that the zoning is needed to reduce secondary effects of the I~usinesses on the COmmun/ty. Since Renton, a number of adult enterta/nment zoning orffinances have been invaJidated for fa/|ure of ~e enacting body to document the need for zoning regulations. Thus, one COurt invalidated a zoning ordinance because there was "vef~/litlfe, if any, evidence of the secondary effec~ of adult boOkstOres... before the City Counci .... (Foomote 10 ContinuKI from Previous Pa~e) evidence suggesting nei rtlx~nood decline would result); Tollis, Inc. v. San Lauderda/e, 794 F.2~I 1520 11th Cir. 1986) (remand for reconsicl~ in I~m of Ren~ su re; nude Mr o~inance), at,a Walnut Proerttee. inc. v. City of W~er. ~e"'~.2~'!~l (9tr~ Clr. 1988] (remaml, in part, fat determination of land availal:lility). 11126 Baltimore Boulevard, supra, 684 F. Supp. at 895; sqe .~lso Tollis v. San Bemadjno Count'y, 827 F.2d 1329, 1333 (gth Cir. 1987} (orefinance construed to prot~b~t single s/~owing of adult movie in zoned area; invalidated for failure to present evidence of secondary effects of sing · snowing); Du.t.see Themes EnterlOriSes v. City of 5~.~. Lauie, 851 F.2d 199, 201<)2 (8~ Cir. 1988) (observations by legislator of secondary effects sufficient). On the other hand, it iS not necessary for each munidpality to conduct research independent of that already generated by other cities, The Renton court held t~at evidence of the need for zoning of sexually oriented I~usinesses can I:}e provided by studies from offer cities "so Ioftg as whatever evidence the city relies upon is reasonaXOly believed to 10e relevant to the prot}lem that the city addresses," Id. at 51, 106 S.CL at 931. See also SDJ, Inc, v. Ch'y of HOuston, 837 F.2d 1268, 1274 (Sth Cir. 1988) (pul:}lic testimony from expert~ supix}nets and opqDonents and consideration of studies by Oetroit, Boston, Dallas and Los Angeles sufficient evidence of legitimate purpOSe). The first. section of this repOrt summerizes evidence from various cities documenting the secondary effects of sexually oriented businesses, Following Renton, it is intended that loci communities wig make use of this evidence in the course of assstar}ling suppOrt for reasonable regulation of sexually oriented businfuses. 2, Avallabilihf of Locations for SexualIv Oriented Businesses Courts also eva/uate whemer zoning of sexually oriented businesses is merely a pretext for prohibition IW reviewing the a/ternative locations which remain for · sexually oriented business tO operate under the zoning scheme. A munidpality must "refrain from effectiveb/denying, ,, a reasonable oppOrtunity to open and operate* a sexually oriented IXlSI//leSl, Refitoft, sl, lpr~ 475 U,S. at ,54, t06 8, Ct, at 932. AcceSS may be regarded as uncMy res~'icted if adult entertainmR z~es are unreasorm~ly smaJl in area or if the number of locations is unreasonN~/few. There is no set amount of land or number of locations constitutionally required. The Renton court found that 520 acres of "accessible real estate,' including land "cries-crossed by freeways' - more than five percent of the entire land area in Renton -- was sufficient. 475 U.S. at 5.3, 106 S.CL at 932. The Younq court found the avedebility of "myriacl' locations sufficient. 427 U.S. at 72 n.35, 96 S.CL at 2453 n.35. Whether .058 square miles constituting .23 of 1 percent of the land area within the city's centra] business zone is sufficient is not clear. See Alexander v. Tho City of MinneaOolis {Alexander I1), No. 3-88-808, slip op. at 22 (D. Minn. May 22, 1989) (less than 1% of land a'ea could be valid if "ample aclual opportunities' for retOcati~q exist}; Christy v. City of Ann Arbor, 824 F.2d 480, 490, 4,93 (eth Cir. 1987) (remanding for a determination of excessive restriction). See also 11126 Baltimore Boulevard, Inc. v. Prince Georqe's County of Man/fend, 684 F. Supp. 884 (D. Md. 1988) (20 aftcreative locations sufffcieiqt}; Alexander v. Cit,/of Minneapolis, 698 F.2d 938, 939 n.7 (8th Cir. 1983) (pre-Renton; 12 rmocation sites fo~ a~ least 28 existing adult estal:)lishmetts not sufficient). The sufficiency of sites available for adult entedalnment uses may be measured in relation to a number of factors, See, e.O., Alexander II, supra, slip op, at 22-23 (insufficient if relc. c~;;on site owners refuse to sell or lease); International Food &' Beveraqe Systems, Inc,, 794 F.2d 1520, 1526 (1 1th Clr, 1986) (suggesting number of sites should be determined by reference to community needs, incidence of establishments in other cities, goals of city plan); Basiardanes v. City of Galveston, 682 F.2d 1203, 1209 (Sth CIr, 1982) (pre-Renton case sltiking zoning regulation rest~cting adult them to industrial arias that were "largely. a patchwork of swamps, wa~ and rsjlroad tzlckl lackling] access roads and retail astablishments"}o However, the fact that land zoned for adult astablishmente is already occupied or not currently for sale or lea. will not invalidate · zoning ordinance. Renton, ,supra, 475 U,S. at 53-54, 106 S.Ct. at 932; but see, AJexandar II, supra, slip ol3. at 22-23 (reasonable refocalJon opportunity absent where owners refuse to sell o~ rent). There is no requirement that it be economically advantageous fo~ a sexually oriented business to locate in the areas permitted by law. 3. DIstance Requirements A~offier factor that may be examined by some courts is me distance requirement estai31is~qed by an adult entertainment zoning ordinance. in SO J, Inc. v. Houston. 837 F.2d 1268 (5~ Cir. 1988), me Court was asked to invaJidms a 750-toot distancing requirement on me ground that the c~y had not proved that 750 feet, as opposed to some omer distance, wa~ necessary tO serve the city's interest. The Court found that an adult entertainment zoning ordinance is "sufficienffy well tailored if it effectHoly promotes the govemment'a stated interest" and declined to "second-guese" the cit,/council. Houston, supra, 837 F.2d at 1278. Courl3 have sustained 13oth requirements tha~ sexLmJly oriented businesses be located at specified dL~lances from eec~ prom', see Younq, supra, (upt~oiding distartce requirement ot 1000 feet Ioetween sexually odemad 10usineases), and requireme~ that sexually oriented businesses be Ioc~eq at ffxeq distarlce8 from offier sensitive uses, seq, Renton, supra,. (upholding distance requirement of 1000 feat betwean sexually oriented businesses and residential zones, single-or-rnu~ple family dwellings, churches, parks or schools). The Working Group heard testimony that when an ordinance establishes distances between sexually oriented uses, an additional regulation may be needed to prevent operators of these businesses to defeat the intent of the regulation by concentrating sexually odereed I~usineasee of various WPee under one roof, as in a sexually oriented mini-mall. The city of SL Paul hal adopted an ordinance preventing' rmle than one adult use (e.g., sexually eriemad meater, Ixx}kstore, massage pador) from IocaUng wittin a single building. A similar ordinance was uplqeffi in the North Caroilrm case of Hart Book Stores. Inc.. v. Edmisten, 612 F. 2d 821 (4th Clr. 1979), cert. denied, 447 U.S. 929 (1980}. The experfence wire multiple-use sexually oriented businesses at me Universe/- Dale i~ suggests that these businesses have I great. el' potential fol' causing neighbonhood problems then do single-use sexually odereed businesses. FollOwing Renton., it is suggested that lawmakers document the adverse effects which the Commun/ty seeks to prevent by i~ronsbiting multiple*use businesses before ena~ing this type of ordinance. 4. Recluirinq Exlstlncl Businesses to ComOly with New Zon.~ncl Zoning ordinances Can require existing sexually-orierrted businesses to dose their operations provideS they do not foreclose the operation of suc~ businesses in new locations. Under sudq provisions, an existing business' is alloweS tO remain at its present location, even though it is a non-Conforming use, for a limited period. The Minnesota Supreme Court has explaineS the theory this way: The meory belqind this IsOlate device is that the useful life of the nonconfon'ning use conesponds rouglqly to the amortization period, so tha~ the owner is not deprived of his propero/until the end of ~ useful life, In addition, me monopoly position granteS during me amorttzaUon perkxl theoretically provides the owner wm compensation for me Ios~ of some property interest, Since the I:}e~xl specmeS rarely corresponds precisely to the useful life of any particular mtucture constituting the nonconforming use. Naef;ele Outdoor Adveffisina Co. v. Villaas of Minnetonka, 162 N.W.2d 206, 213 (Minn. 1968). Such provisions applied to sexually orienteS businesses have been said to I~e "uniformly upheld.' Duress v. City of Dellas, 648 F. Supp. 10Sl, 1011 (N.D. Tex, 1986), aft'd, FW/PBS, Inc. v. City of Dallas, 837 F.2d 1298 (Sth Cir. 1988) (citing cases). officers shouJd be used to supi3on the need f<~r zoning Qrdinar~ces wnic..~ address these problems. RECOMMENDATIONS 1. Commun/tlee should document finding· of adverse secondary effects of sexually oriented businesses prior to enacting zoning regulations to control these use· so that such regulation· can be upheld If challenged In court. 2. To reduce the adverse effects of sexually oriented businesses, communities should adopt zoning regulations to set distance requirements between sexu·lly oriented businesses and sensitive uses, InCluding but not limited to residential areas, schools, child care faclllUss, churches and parkS. 3. TO reduce adverse Impacts from concentraUon of sexually oriented businesses, communitlel should adopt zoning ordinances which' set distance requirements between liquor establishments and sexually oriented businessss and between sexually oriented businesses and should consider restricting sexually oriented businesses to one use per building. 4. Communities sll~uld require existing bullnoises tO comply with new zoning or other regulation pertaining to sexually oriented busineuss within · reasonable Ume so that prior uses will :onf~nn to new laws, IV, UCENSlNG AND OTHER REGULATIONS Licensing and othe~ regulmfons may aim} be used to reduce the advese effects of sexuajly oriented businesses. The critical requirements which communities must keep in mind are that regulations must be narrowly crafted to address adverse secondan7 effects, they must be reasonaDly related to reduction of these effects and they must be capable of objective application. If t~ese standards can Be met. licensing anti ctl~er regulatory provisions may play an important role in preventing unwanted exDcsure to sexually oriented materloiS and in reducing the crime prol;lems associated with sexuajly oriented Businesses. It iS deer that failure to act ul~n a license aDl~licaticn for a sexually oriented Business cannot take the 131ace of regulation. W'~hout jubtffication, denial or failure to grant a license is a prior restraint in violation of ~qe First Amendment. Parkway Theater Corporation v. City of MinneaOolis, No. 716787, slit}. op. (Nenn. Co. Diet. CL, Sept. 24, 1975). An ordinance providing for license revocation of an eduit motion picture theater if · the licensee is convicted of an obscenity offense is aJso likely to be I~eld unconstitutional as a prior resU'aint of free speech. Afaxmqder v. Ck'y of SL Paul, 227 N.W,2d 370 (Minn. 1975). The Alexander court stated: [W]hen the city licenses a motion picture theater, it is licensing an activity protected by the First Amendment. and as a result the power of the city is more limited than when the city licenses activities which do not have First Amendment protection, such as the business of selling liquor or running a massage palor. Id. at 373 (footnote omitted); se__e els__o, Cohen v. City of Oalaville, 695 F. Supp. 1168, 1171 (M.D. AIR. 1988) (past sale of obscene matvial cannot justify revocation of license). However, the courts have permitted communities to deny licenses to sexually oriented bualnosse~ f the person seeking a license has Been convicted of other crimes whk:h are dosely r~ated to the oper~on of sexually Oriented businesses In Oumas v. Ck'v of Oelles, supra.. the court reviewed a requirement thai a license applicant not have been convicted of codain crimes wiffiin a sl:Mcffied period. Fwe of the enumerated crimes wero held to be not sufficiorm'y related to the purpose of the adult entertainment licensing ordinance because the city had made no finOings on meir juStir-K~jO~- The invaJid enumerated offenses were controlled substances act violations, bribery, robbery, kidnapping and organized crimina~ activity. The cour~ upiqeld requirements that the licensee not have Dean convicted of prostitution and sex- related offenses. Id. at 1074. If a community seeks to recluire that persons wt, h a histoW of o~er crimes he denied licenses, c~ear findings must first be made whiC~q justify denial of licenses on that Doses. The Duma$ court also invalidated portions of the licensing ordinance permitting the police chief to deny a license if he finds that the applicant "is unal~le to operate or manage a sexually oriented business premises in a peaceful and law-aDiding manner' or is not 'presentJy fit to operate a sexually oriented business.' Neither provision satisfied the constitutional recluirement that "any license requirement for an activity related to expression must contain narrow, ot)jeotive, and def~qite standards to guide the licensing authority.' Id_. at 1072. See also Nexander II, supra, slip op. at 16 (unconstitutionally vague to define regulated bookstores a those selling "substantial or significant portion' of certain publications); 11128 BaWd'nora Boulevard, supra, 684 F. Supp. at 898-99 (striking ordinance allowing zoning officials to deny permit if adult entertainment astal~lishment is not "in harmony° with zoning piano does not '"substantially impair' master plan, does not "adversely affect' heelffi, safety and welfare and is not "detrimental' to neighborlqood because such standards are "subject to possible manipulation and arbi~'ary application'). A number of courts Iqave upheld ordinances requiring that viewing bootihs in adult theirs be open tO discourage illegal and unsanitalf sexual activity. See, ~ Doe v. City of MinneaPolis, 693 F. Supp, 774 (D. Minn. 1988). Uceming provlm and ordinances forbidding massage parlors employees from adminiatartng massages to persons of t~e oplx~ite sex have wilt~tood equal protection and privacy aml as.~dational rkJht challenges. See Clamc}itt v. City of Ft. Wm/ne, 682 F. Supp. 401, 401-408 (N.D. Ind. 1988) (equal protaotfon); Wk~ess, ~nc v. Fnjctm~an, 482 F. Supp. 681, 689-90 ($.D.N.Y. 1979), arid, 628 F.2d 1348 (2d Cir. 1980), cart. deftled, 44g U.S. 842, 101 S.Ct. 122. However, some courl~ have found same-sex massage regulations to be in violation of TdJe VII of the Civil RighB Act of · ?.P 7 1964. See Stratton v. Drumre, 445 F. SuDO. 1305, 1310-11 (D. Conn. 1978); Cianc:olu v. Meml:~ers of City Council, 376 F. SuDp. 719, 722-24 (E.D. Tenn. 1974); J.osep~t v~ House, 353 F. Su;p. 367, 374-75 (E.D. Va.), affid suO nora. Joseph v. Blair, 4~2 C).2~ 575 (4th Cir.), can. denied, 416 U.S. 955, 94 S. Ct. 1968 (1974). Contra, Aidred v. OulincJ, 538 F.2d 637 (4th Cir. 1976), Although the Working Group expressed s~'.ong concern about the operation of prostitution under the guise of massage padors, this type of regulation is not advisaiole because legitimate therapeutic massage astal3lishments could find their operations curtailed. Prostitution may be better controlled througr~ prosecution and use of post- conviction actions suc~ as forfeiture or enjoining a public nuisance. In 1985, a cOurt ur}held an ordinance making it unlawful to dis;lay for commercial purposes materiN 'harmM to minors' unless the materiN is in a sealed wrapper and, if the cover is harmful to minors, has an opaque covet. UoOer Midwest Booksellers AsS'n v. City of Mlnneal:x)lis, 780 F.2cl 1389 (eth Cir. 1985). I =st year, the legislature enacted a stme law similarly prohibiting display of sexually explicit material which is harmful to minors unless items are ke~ in sealed wrappers and, where me cover would be harmfuJ to minors, within opaque cOvers. Minn. Stat. ~ 617.293 (1988). This law has the potential to protect minors from exposure to sexuaJly oriented materisis. Communities also have cOnsiderable discretion to regulate signage so that the exterior of sexually oriented businesses does not expose unwitting observers to sexually explicit messages. RECOMMENDATIONS 1. Prior to enacting licensing regulations, communltle~ 81touJd documem findings of adverse secOndary effects of sexually oriented businesses and the relationship between these effects and proposed regulations so that such regulations can he upheld If challenged In court, 2, Communities should adopt regulations which reduce the likelihood of criminal activity related to sexually oriented businesses, Including but not limited to open booth ordinances and ordinances which authorize denial or revocation ot licenses when the licenses has committed Offenses relevant to the operation o1' the business. 3, Communities should adopt regulations which reduce exposure of the community and minors to the bllghtlng appearance of sexually oriented businesses Including but not limited to regulations of signage and exterior design of such businesses and should enforce state law requiring sealed wrappers and opaque covers on sexually oriented material. CONCLUSION There are many actions wiqich communities may take within ttqe law to protect themselves from the adverse secondary effects of sexually oriented businesses. Prosecution of obscenity crimes can play a vital role in decreasing the prort, ability of sexually oriented businesses and removing materile which violate community standards item local outlets. Forfeiture and injunction to prevent public nuisance should be ;Nailable where sexually oriented businesses are the site of sex-related crimes and violations of laws partaking to gambling, liquor or corm'oiled substances. These actions will remove the most egregious establishments from communitieS. Zoning can reduce the likelihood thai: sexually odent'ed Iousinesses will lead to neigh~ blight, Ucar~ing can sever the link between m least some crime figures and sexually orie~scl Ix,~tms.se~ Regulation and enfomement can protect minors The Altorney Getleml's Working Group on the Regulmlon of SextiJly Oriented Businesses believes lt~ prosecution, seizure of profits, z~qing and. regulation of se~ally od~ed I~s~r~es st~uld only be done in kesph3 with the com~jtuti~l requirements of the First Arnenctrnent. Rational regulation can be fashione~ :0 ;rC~ec., bo~h our communities and our constitu~ionaJ ri~h~s. Draft 1987 RETURN TO: APA 1313 E. 60TH ST. CHICAGO. IL 60637 0170 Adult Entertsinment Uses-Studies Adult Entertainment, A 40-Acre Study DATE 1987 Z.D. ~ 46 COPY 0 0 COPY 0 0 0 0 A &O-Acre Study Prepared by the Divisi. on oE ~Za~nL~S Depa=cmenc o~ B~ann~R~ and ~conom~c DeveZopmenc C~C~ HaZZ Annex 25 ~esc Fo~=ch Sc=eec Saint ~au~, H~nnesoca 55~02 ADULT ENTERTAINHENT Reason for S~udX The City Council initiated this study (Council File No. 86-1564), requesting the Planning Commission to examine the issue of adult entertainment and to consider an amendment to the Zoning Code proposed by ~ouncilman gillJam L. Wilson. The proposed amendment addresses r~o problems with the current provisions of the Zoning Code: 1) Current spacing requirements between adult uses and residential areas are insufficient, and 2) Current definitions of adult uses do not sufficiently specify the types of businesses that should be regulated. Scone of Study The study examines the land use impact of sex-oriented adult businessego-adult movie theatres, adult bookstores, aduZC live entertainment and adult health clubs--and makes recommendations to regulate their location. Recommendscions 1. Restrict all adult uses except adult health clubs, massage parlors and similar uses to I-I and I-2 zones. Require the following spacing requirements for all adult uses except adult health clubs, massage parlors end similar uses: 1320 radial feec from ocher adult uses; 1320 radial feet from residential zones and 1320 radial feec from residential uses end 'protected uses' (houses of worship. day care centers, public libraries and schools). Retain the provisions of the current Zonin~ Code for adult health clubs, massage parlors and similar uses: g-3. I-l: 1320 radial feet from other adul~ uses; 200 radial feet from residentially zaned property; - g-&. B-5: 300 radial feet from other adult uses; 100 radial feet from residential use. Define adult uses in reference to specified sexual activities and' specified anatomical areas. Currently, adult uses are defined in reference to activities which are off-limits co minors. Revise the licensing provisions in the Legislative Code, Chapter (Hassage Parlors, Saunas, etc.) to include adult health clubs. DIVISION OF PLANNING .DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT-CITY OF SAINT PAUL CITY HALL ANNEX.2Ic WEST FOURTH STREET, SAINT PAUL MINNESOTA, 5S102-TELEPHONE 228-327Q ,.: , --. Effect of Reconunendacions Nev adult businesses (ocher then sdul~ health clubs, massnee parlors and' similar tLses) would be limited co sites in the fol~o~ln8 s~eas: Specitlc cexls el ~e s~y ate on file In the Zo~nI .Section el ~ ii~sio~ ' o~ Pla~in~, ..io~Ce~ ~e-Cl~ Hell ~ex;~ 25.~gese viered there upon re~sC~ · ['~-~"~Z;; Y :~ ~.- .... mo~inS,..in.~e Ciq ~1 ~ex, 13~ Floor, 25. said cj:~.p~ace...~e Fl~n~ ~omission viII .hear ~1 ces~q zela~ive~ ...~;.~--'~'. --...- . ...~..j~::-~ , ,~.~,; . . Prior co"~h~i~ ~me, ~a~ ~rom che Division o~ Fla~ins ~11 be evail~le c~ ' discuss the s~ wl~ interested parties,, ' 'm=~Z~ .:~.~.;-'i~'~j~.~Z - ' ...r; TABLE OF CONTS:~TS Introduction ................................................................. l Municipal Authority to Regulate Adul~ Uses via Zoning ........................ 3 Scope of Study ............................................................... 7 Current RegulaTion of Adult Uses in Sain: Paul ............................... 9 Studies of Problems Rela=ed to Adul= Entertainment--United States ........... 15 Studies of Problems Rela=ed co Adul= En:ar:ainmen=--Twin Ci=ies ............. 17 Saint Paul--Recen= Problems Rela~ed :o Adult Encer~airunenU .................. 19 Alternative Zoning S~ra~egies for Dealing with Adul~ En=er=ainmen= .......... 27 Conclusions and Recommendations .................. ~ .......................... 39 Proposed Amendments to Zoning Code .......................................... 43 Credits ..................................................................... 49 ADULT ENTERTAINHENT ~O-ACRE STUDY April 1987 Planning Division Departmane of PZann~ng and Economic Development INTRODUCTION The Ci:y of Saint Paul first adopted zoning provisions :o tee=tic= sex-rela:ed adult en=er=ainmen= in 1983. In =hat year. the Ci=y Council passed several amendunen=s which define "adult uses" and resttic: =hem =o B-3. I-l, B-4 and ~-5 Zoning DistricEs as permi==ed uses subJec= =o special condi=ion use permits. However. since i983 =here has been growing concern among Sain= Paul ciuizens the= the amended Zoning Code does no= adequauely address =he land use problems associated with adul= en=er=atnmen=. Also, =here is concern th.s= curten= definitions of adul= uses crea:e undesirable loopholes, leading =o an inabili=y of =he Cl=y =o regulate all adul= uses. This report is in response =o a Clc7 Council resolution of November 5, 1986 requesting =he Planning Commission to study possible amendments to the Zoning Code so as to resttic= adul= uses to Industrially Zoned Districts only. and o=har amandmen=s relating =o adulc uses which =ha Commission should deem advisable. MUNICI.PAL AUTHORITY TO REGULATE ADULT USES VIA ZONING Detroit Court Case: 1976 The concept of "inverse zoning" to eliminate concentrations of skid row businesses was first implemented by Decroi: in its "An~i-Skid Row' ordinance adopced in 1962 and amended Co include sex-related businesses in 1972. The DeCrole ordinances defined "adult" establishments as those presenting material "distinguished or characterized by an emphasis on mercer depicting.. . 'Specified Sexual Activities' or 'Specified Anatomical Areas'." Adult establishments were included in a lie= of "regulated uses" and the ordinances provided that no regulated use could be escablished within 1000 feeC of any other ~wo regulated uses (except when the provision is waived by the buildings and safe:y engineering department) or wi:hin 500 feec of a residential area. Owners of :vo adults-only theacres subsequently challenged the cons=ltucionality of the ordinances and the case was ulclmacely taken co ~he United SCares Supreme Court. The theatre operators maintained =hac ~he ordinances cons~ituted a prior tee=rain= on cons=lcucionally protected communication and thaC the ordinances violated equal protection, Moreover, they charged chac the definition of "adult" establishment is vague (due ro the phrase "characterized by an emphasis") and thac ~he ordinances did noc specify adequate procedures or scandards for obtaining a waiver of =he 1,000 fooc standard. Essencfally, the landmark Younz v, American Mini Theatres 427 US 50 (1976) decision affirmed tha~ municipalicies may use zoning co restric~ adult entertainment if adult entertainment is shown co have a harmful impact on particular types of neighborhoods. The Supreme Court specifically held char: The ordinances as applied to chase respondenOs do noc violaEe the Due Process Clause of :he Fourteenth Amendment on the ground of vagueness. The ordinances are noc invalid under the First Amendment as prior restraints on protected co--.unicacicn because of the licensing or zoning requirements. Though aduln films may be exhibited commercially only in licensed theaters. the= is also =rue of fibme. Tha~ the place where films may be exhibited is reJula~ed ' does noc violate free expression, che CiCy's interear in planning and regula=lng che use of property for commercial purposes being clearly adequate co support the locacional restriction. The 1,000 fooc restriction does no= violate :he Equal Protection Clause of the Fourteenth Amendment. rout: Cases Between 1976 and 1986 Several federal courc decisions subsequent to Younz established the limits of zoning as a cool for restricting adult entertainment. Although ic was recognized chac such rescriccions were valid, it was also established chac municipalities may no~ use zoning to prohibit adult entertainment encfrely. lndeed, the Supreme Court itself affirmed this principle in Schad v, of Hount EDhrat~ ~52 US 61 (1981) when it struck down a zoning ordinance because It had the effect of totally suppressing the availability of nude dancing (as well as other forms of live entertainment) in a particular municipality. This principle was also the basis for a 1982 U.S. District Court decision which struck down an ordinance in Minneapolis (Alexander v, City of M~nneeeolis. CCA File No. 82-1385-MN). According co U.S. Dlstr~ct Judge Diana Murphy. the Hintsspells ordinance was unconstitutional because ic effectively required the revocation of a large number of businesses into a prohibitively small number of business sites. Rencon. Washfn(con Court Case: 1986 A Supreme Court decision in 1986 clarified the principle which invalidated zoning ordinances used as a tool for prohibiting adult entertainment. Owners of two downtown theatres in Rancon, Uashington sued the city to contest a zoning ordinance chac prohibited adult movie cheaters from locaCin~ within 1,000 feec of any residential zone, single- or multi-family dwelling. church. park or school. Geographically. chis made dot~ncown a pornography-free zone. ~n fact, it restricted adult theatres to a number of industrially-zoned sites The hasis of the chestre owners' suit was their claim that the zoning rule actually an attempt a= censorship in than it left them without com~arciaXlF- viable sites for their businesses. The Cicv of Renton v. Playtime Theatres (Docket Number 8~-1360) decision overturned a lower court ruling in favor of the cheatre o~ners. This decislet was significant in two ways. First, lC screeched the meaning of "commerciall) viable site" in a way thac favors municipalities and makes lC more difficult for adult entertainment establishments to prove that a potential site is noc viable. Sacofui~y, l~ established that a municipalicy°s zonin~ ordinance need noc rely on an analysis of the actual or potential harm caused by adult entertainment in the subJec= community. Instead, iC can base its ordinance o~ the experiences and actions of other cities. Specific concZumions of the Supreme Court in this case include: 1. Since the ordinance does noc ban adult theaters altogether, it is properly analyzed as a form of =ime, place and manner regulation. "Con~en=-neucraZ* rime, place, and manner regulations are acceptable so 1on& as they are designed to serve a substantial governmental interest and dm not unreasonably limAC alternative avenues of communication. The District Court found thaC the Renton City Council's "predominate" concerns were with the secondary effects of adult theatres on the surrounding community, noc with the content of adult films themselves. This finding is more than adequate co establish that the city's pursuit of its zoning interests was unrelated to the suppression of free expression. and thus the ordinance is a "content-neutral" speech regulation. The Renton ordinance is designed to serve a substantial governmental interest while allowing for reasonable alternative avenues of communication. A city's interest in attempting to preserve the quality of urban life, as here, must be accorded high respect. Although the ordinance was enacted without the benefit of studies specifically relating :o Renton's particular problems, Renton was entitled to rely on ~he experiences of, and studies produced by, the nearby city of Seattle and other cities. As required by ~he First Amendment. the ordinance allows for reasonable alternative avenues of communication. Although respondants argue that in general there are no "commercially viable" adult Cholers sites within the limited area of land left open for such theatres by the ordinance, :he fact tha~ respondonce must fend for themselves in the real estate market, on an equal footing with other prospective purchasers and lessees, does noC give rise to a viola:ion of the First Amendment, which does noc compel Governmenc to ensure thac adult theatres, or any other kinds of speech-related businesses, will be able to obtain sites at bargain prices. Frincioles for Zonine :o Reeulace Adult Uses The Supreme Court decisions discussed above define the limits o~ zonin~ as a tool for re~ulacing adult entertainment. In ll~h: of the legal his:cry of this issue. ic is possible to derive the following principles for constructing constitutionally valid zoning ordinances: Locational restrictions may not be so severe as to result in an inability to accommodate the present and/or future anticipated number of adult businesses in a city. In Youne, the court upheld the Detroit ordinance upon findin~ the: numerous sites com~lying with the Detroit zoning requirements were available to adult businesses and thac the market for sexually explicit fare, viewed as an entity. was therefore "essentially unrestrained.' The more evident and ra:ional is the relationship of the adult-use restrictions to recognized zoning purposes, such as :he preservation of neighborhoods and the grouping of compatible uses, the greater is the likelihood the: the restrictions will be upheld. The greeter is the vagueness inherent In an ordinance's wo=dinJ or definitions, especially if ristn~ to the degree the: non- pornographic entrepreneurs must worry whether they are within the ordinance's provisions, the more likely ic is that the ordinance will be struck down. An ordinance which grants actministrative officials discretionary power whether or noc to allow particular adult businesses Co operate is more likely co be struck down as violatire of the precept, emphasized by the Younz dissenter, thac in the Firs: Amendment area "government may regulate only with narrow specificity." 5 f SCOPE OF STUDY Saint Faul's Zoning Code currently defines 'adult uses' co refer only co sex- related uses. noc co alcoholorelaced uses: Adult uses are chose uses excluding bars which are nou open co ~he public generally buc only co one or more classes oE the public and excluding any minor by reason of age. a minorbeing a person under the age of eighteen years. Adult uses include, buc are noC limited adult bookstores, adult motion pic=ure theacres, adult mini-motion picture theacres, adult massage parlors, adul= saunas, adulc rap/conversation parlors, adulc hsal=h clubs, and adult cabarets, or similar adult uses. Although this study considers possible amendments co the Zoning Code (including amendmencs co the definition of adult uses). che sex-relaced focus of the current definition will be retained. Alcohol-related uses are noc included because problems associated with bars are often considerably different from the problems associated vi=h sex-related businesses and are generally related co opera=ion rather :hen Co location. Licensing--nor zoning--is the more appropriate way co regulate bars. There are sufficiencly stringent licensing requirements for bars including distances from schools. churches and ocher establishments wiub liquor licenses; operational procedures; Cloy Council public hearings wich mailed notice; and the possibilicy chac the license may be revoked. CUP, RENT REGULATION OF ADULT USES IN SAINT PAUL Types and Locations of Adult Businesses Depending on the system of cacegorization, there are at present either l~ or 19 adult encercairunenc establishments in Saint Paul. The Saint Paul Building Inspection and Design Division currently does noc regard licensed bars as "adult uses." even if they offer sexually explicit live entertainment. There are five bars in Saint Paul offerin~ such encertair~oenc. There is also one business offering sexually explicit live entertainment which claims co be a private club open co minors as veil as adults; however, Saint Paul's Building Inspection and Design Division caCegorizes ic as an adult cabaret and thus is treating lc as an illegal nonconformin~ use. The cacegorles comprising th% comprehensive list of 19 establishments are as foliows: 2 Movie Theatres 1 Bookstore I AduZc Cabaret 10 Massage Parlors. Saunas, Hea~uh Clubs 5 Bars ~ich Live Adult Entertainment All of chess businesses are within commercially zoned districts. Specifically. the zoning is as follows: ~ B-2 (Community Business District) 13 B-3 (General Business District) 1 B-~ (Central gusiness Discrice) 1 CAAPB CCapirol Area Board) Jurisdiction Seventy-nine percent (15 ouC of 19) of adult encartaimmmnc establishments in Saint Paul are located on major thoroughfares: Arcade, Pa~ne, Rice, Shelling, University and SevenTh STreet; the ocher 21 percent (~ ouc of 19) are on Grand, Hudson Road. Milton and Prior, which bear lower street clessifieacions as minor arcerials or collectors. The coral number of adulc businesses has dropped co 19 from 30 in 1977 and 2~ in 1982. The overall decline in number between 1977 and 1987 is a result of several factors. Some establishments were removed from The dovnrov~ area as a resulu of redevelopmenc in the area of the World Trade Center. Also, neighborhood pressure has resulted in the teloration or reoriencacion of several establishments. AC The same time, zoning and licensinS codes have become more restrictive, makin~ lc more difficult for new adult establishesenos co open. Finally, The recent increase in the popularity of home videotape players has apparently changed consumption patterns in a way chaC has diminished the demand for some forms of entertainment outside of the home. ADULT ENTERTAINMENT IN SAINT PAUL (1987) NUMBER OF ADULT ENTERTAINMENT ESTA~LISNMENTS IN SAINT PAUI.: 1977-1987 Number by Category Hovie Year Theatres Bookstores Massage, Sauna, Live Healch Club EnCercaimaen~ ToCaE 1977 2 5 10 13 30 1982 2 S 10 7 2A 1987 2 i 10 6' 19 * 5 licensed bars with exotic dancers. i adult cabarmc Zoninl and Liceheinz co Rezulace Adult Uses Saint Paul currently regulazes adult uses in two ways: with zoning and with licensing. The current zoning regulations date from 1983 when, for the [irsc rime, specific "adult uses" were defined and permitted in zones B-3 (General Business District), g-~ (Central Business District), B-5 (Central Business- Service District), and I-1 (Industrial District--by virtue of their inclusion in B-]). In all cases, adult usel ate made subject to special conditions: 8-3 (and l-l): 1320 feec from ocher adult uses; 200 feec from residencially zoned property (may be waived by,Planning Commission vich the consent of 90 percent of property owners within 200 feec andrich consideration of various factors pertaining co the public interest) 8-~, S-5: 300 feec from other adult use; 100 feec from residential use; not located in a building also used for residential purposes The City's licensing provisions diffe~ from its zoning provisions in dxac they deal with adult uses only in the context of broader categories. For exas~le. ~here are no specific regulations applying co "adult movie theacres." However, chore are licensing provisions pertaining to sex-oriented films shown by movie theatres. The zoning and licensing regulations are summarized in charts on the following pages: 11 ZONING REGULATIONS PERTAINING TO ADULT ENTERTAINMENT IN SAINT PAUL Category Cited in D~fined in Public Zoning Zoning Zones Where Distance He/ring Code Code Permit~ad Requirements Notice Movie Theatres Yes Yes B-3, B-~, Yes Yes g-5, I-1 Bookstores Yes Yes g-3, B-~, Yes Yes B-5, Massage Parlors, Yes Yes (1) B-3, B-&, Yes Yes Saunas, Health Clubs Conversation/ Yes Yes (2) go3, g-A, Yes Yes Rap Parlors B-S, I-I Live Entertain- Yes Yes (3) B-3, B-~. Yes Yes menc B-5. I-i Notes: (1) "Massage Parlor, Sauna, Health Club= is specifically defined. The definition states, among other ~hings, thac this type of establishment is licensed under Chapter 412 of Ehe City Legislative Coda and restricts minors by virtue of ass. (2) 'Conversation/Rap Parlors' are specifically defined but no "adult' distinction is included in the definition| "adult conversation/rap parlors" are included as example of 'adult usas'. (3) 'Adult cabaret" is specifically defined. LICENSING REGULATIONS PERTAINING TO ADULT ENTERTAINMENT IN SAINT PAUL CaceSory Distance Defined Requirements City Public Council Notice Hearings Conditions (Neighborhood Issues) Movie Theatres Yes (1) No No No Limits on sex- oftented advertis- ing; violetion oE cartsin obscenity laws may result in revocation of license Bookstores Yes (1) (only if .... "second hand goods") No No No Limits on business hours of second- hand dealers (Tam- lOpm) MassaSs-Parlors. Yes 200' from 30 day Yes Saunas, Health (1),(2) residential; co 300' Clubs modify by 90% of owners with- in 200' Character of nei~hborhood| proximity co schools, churches, o=hers; nuisance Conversation/ Yes (l) No No No No Rap Parlors Live Entertain- Yes 90% consanc 30 day Yes mane (1),(3) of owners to 300' within 200' Considered when only 60%-90% of residence within 200' consent No=el: (l) No discrimination becveen "adult uses" and o=her uses. (2) The License Division does no= consider adult health clubs co be offerins =masssees"; thus, they are noc required Co be licensed. (3) Four classes of licenses. 13 The above chart reveals two notable features of the Cfcy's licensln~ procedures relative co adult encercairanent. The first relates co adult health clubs; ~he second, co bars providing live adult entertainment. First, lc is notable chac nonV of Saint Paul's adult health clubs are licensed under Chapter 412 of the City's Legislative Code. This would seem co violate ~12.01 which scares: No person shall engage in the business of operating a physical culture and health service. physical culture and health club, reducins club, reducin] salon, sauna and/or a massaim parlor, either exclusively or in connection rich any ocher business enterprise, without beinX licensed as provided in this chapter. No license is required of adult health clubs because of the definition of "massage" in ~12.02(2): "Massage" means the.rubbing, stroking, kneading, tapping, or rolling of the body rich the hands, for the exclusive purposes of relaxation, physical fitness, or beeutilitarian, and for no ocher purposes. Adult health clubs claim chac chair services are administered with a feather device rather than with "hands' and thus they are non considered to be offertn~ massages. The second notable feature of the Clty's licensing procedure is that bars providin~ live adult encercairunenc will soon be affected by a recenrly- approved ordinance. In 1985, City officials began considerin~ chinese in the litchain& and regulation of entertainment in Saint Paul. These deliberations resulted in an ordinance approved in February of 1987 which will create four classes of entertainment licenses, discinSuished by the scale of entertainment provided. Also, establishments requirin~ a second, chard or fourth class license will need co subsic a new application and will be scrutinized by bach the City Council and neighborhood district councils. This new system will go inca effect in 19aS. Like the current re&uZations, nhe new regulations will noc discinSuish between "adult° encernainmenC and other forms of entertainment. However, rJtey will undoubtedly have an impact on live adult en~ercainmenc in ~w~ ways. First, live adult en~errainmenc will be included in the fourth and most expensive licensin~ class (~lO00 per year for 'stage shows, skits, vaudeville, theater, conceals, and/or dancing by performers wichouc limlcacion as Co number, in~luding patron participation in any of =he aforementioned'). Businesses offerin$ live adult encercainmanc currently pay only $60 per year for a license. Secondly, neighborhoods thac are dissatisfied with adult entertainment will potentially be able co block the licensing of businesses offering such entertainment when =he business applies for the new license. STUDIES OF PROBLEMS RELATED TO ADULT ENTEKTAINHENT--UNITED STATES There is a well-established relationship between sex-oriented adult entertainment and neighborhood social problems in the United States. Numerous cities have studied this problem and have concluded chat typically property values ere lover and crime races are higher in the immediate v~cinit7 of adult businesses. Among the more prominent studies of this problem ere chose of Phoenix (1979), Indianapolis (1983) and Los Angeles (1986). The results of these studies ere s-~erized belov. Phoenix In Phoenix, the Planning Deportment published a study entitled "Relation of Criminel Activity and Adult Businesses" (Hey, 1979) vhich shoved chac arrests for sexual crimes end locations of edult businesses yore directly roleCod. The study compared three arees containing adult uses rich three control areas thec had similar demogrephic end land use cheracCeriscics buC no adult businesses. The study concluded that, on averego, In the three study areel, property crimes yore ~3 percent hi~her, violent crimes yore four percent higher, end sex crimes veto over 500 percent higher than in the control srees. ~oreover, the study area rich one oE the city's highest concentrations of adult businesses had a sex crime race over ll rimes as large as · simller area heving no adult businesses. Finelly, 89 percent of the reported crimes of indecent exposure ware committed at the eddresses of adult businesses. ~ndienaoolis Zn 1983, the City of Zndianapolis researched the relationship between edult entertainment and property values at the national Zsve~. The study was based on a 20 percent randoe sample of the usESseal membership of the American Institute of ~ea~ Estate Appraisers and a smmplinJ of HAl (Hembet Appraisers I~tiCute) members vho practiced in 22 metropolitan areas. The results of this survey are as follows: Survey respondsacs overghelmingly (80 percent) felt thac an a~ult beakstore located in the hTpochecical neiShborhood described would have a negative impact on residential properc~ values of premises located within one block of the site. Seventy-two percent of the respondenOs also felt that chore would be a detrimental effect on commercial property values ac the same one block radius. This negative impact dissipates markedly as the distance from the si~e increases, so that ac three blocks the estimate of negative ~mpacC decreesos by more than one-half as Judged by the number of respondonce indicating negative impact at three blocks. 15 Los An~eIes A 1984 s~udy done by the Los Angeles Police Department inves~iga~ed the relationship be~veen adult en~er:ainmenc and crime in the Hollywood area. The study indicated chac in 1969, there rare 11 sex-oriented adult entertainment establishments buc by 1975 the number had grovn to 88. During ~he time period from 1969 :o 1975, repor=ed incidents of 'Par= I Crime' (i.e., homicide, rape, aggravaCed assaul;, robbery, burglary, larceny and vehicle theft) In =he Holly~zood area increased 7.6 percent while =he rest of Los Angeles had a &.2 percent increase. 'Par= lie arres=s (I.e., other assaul=s, forgery end counterfeiting, embezzlement and fraud, stolen proper=y, prostitution, natcomics, liquor laws, gambling and miscellaneous misdemeanors) increased ~5.4 parcen~ in ~ha Hollywood area and 3.4 percent in the ras= oE Los Angeles. STUDIES OF PROBLLMS RELATED TO ADULT ENTERTAINMENT--TWIN CITIES In recent years, uhere have been two systematic sca~istical studies of cbe relationship between adult entertainment0 crime and property values in t_he Twin Cities. The first study, published in 1978, focused on Saint Paul tnd involved the Division of Planning and ~he Minnesota Crime Control Planning Board. The second study, published in 1980, examined conditions in Minneapolis and was done by the Minnesota Crime Prevention Center in cooperation with the Minneapolis City Council. The results of chase ~ww studies are as follows: Saint Paul The Saint Paul study combined sex-oriented adult businesses with alcohol- oriented adult businesses possessing a liquor or 3.2 beer license during the study period (1970-1976). For this reason, none of ice conclusions apply co sex-oriented adult entertainment as a separate category. Nevertheless, uhe following conclusions are notable: There is a sratiscic(lly significant correlation betrash the location of adult businesses and neighborhood deterioration, as measured. Adult establishments tend to locate in somewhat deteriorated areas. 3. Additional relative deterioration of an area follows location elan adult business in che area. Crime rates relate to the establishment of adult businesses in a threshold fashion. There is a si&nificancly higher crime race associated with c~o such businesses in an area than is associated with only one adult business. Housing values also relics CO the establishment of adult businesses in a threshold fashion. There is si~nificancly lower value asaocia~ed wl~h ~hree such businesses in an area than is associated with only one adult business. Minneapolis The Minneapolis study examined sex-oriented and alcohol-oriented adult entertainment separately. Using bach simple regression and multiple regression techniques, uhis study concluded thaC sex-oriented businesses have a greater number of significant relationships to high crime races end property values than any ocher type of adult entertainment establishments examined. 17 In the Minneapolis study, the relationship between sex-oriented businesses and higher crime ratee was especially strong. T~ne association between sex- oriented businesses and lower housing values disappeared, however, when o~her factors were taken into account. In addition, these businesses ~are quite strongly related to the peccantage of vacant commercial properties, which is often used as a measure of a declining commercial area. However, the study noted chac chase associations alone are noc evidence chaC a sex-oriented business locating in an area causes ocher businesses co leave or property values co decline. Alternatively, Chase associations may indicate chac sex- oriented businesses locate vhace property values have already ~allen and demand ~or commercial space is veak enough co permit them co compete successfully ~or space. 18 SAINT PAUL--RECENT PROBLEMS RELATED TO ADULT ENTERTAINMENT Saint Paul has continued to experience social and economic problems related to adult entertainment. Essentially, these problems stem from prostitution ~,hich has been associated with adult entertainment in two ways. First, chars have been persistent problems with street prostitution in the area of University Avenue and Dale Street. Secondly, chars is strong evidence thac prosti~ucion sometimes occurs within Saint Paul's adult health clubs. University-Dale Neithborhood Problems In Saint Paul there is one neighborhood that has an especially heavy concentration of adult entertainment establishments. The blocks adJoinin~ the intersection of University Avenue and Dale Street have nearly 25 percent (4 out of 19) of the city's adult uses, lncludin~ all of Saint Pauls's adult bookstores and adult movie theatres. As in other American cities. the ~rowch of adult entertainment in this neighborhood has accompanied significant social and economic decline. The Thomas-Dale District (Citizen Participation District mT) is the district thac has been most affected by adult entertainment in ~e-SainC Paul. This district is generally bounded by University Avenue on the south, the Burlington Northern railroad tracks on the north, Interstate 35-E on the east and Lexin~con Parkway on the west. The neighborhood has suffered serious p:oblems in recent years and is in many ways the most distressed neighborhood in the city. Indicators of distress in this neighborhood include the following: Highest unemployment race in che city (1980:9.6 percent vs. ~.7 percent in Saint Paul as a whole) Hi[,hasc percentaSs of families below the poverty line (1979:19.2 percent we. 8 percent in Saint Paul as a whole) Lowest median family income (1979:$15,090 vs. $20,743 in Saint Paul as a whole) Lowest percentage of high school and colleSs &reduaces (high school &raduaces in 1980:52.6 percent vs. 72.~ percent in Saint Paul as a whole; coilsee eradunces in 1980:5.7 percent vs. 19.8 percent in Saint Paul as a whole) There is evidence chaC the problems experienced by the Thomas-Dale neighborhood are related to adult entertainment in the followin~ way: adult entercainment--~ street prostitution ~ocher crimes Currently, the Police Department maintains thac Saint Paul's street prostitution iS concentrated in the area bounded by University Avenue on the south, Charles Avenue on the north, Victoria Avenue on the west and Wester~ Avenue on the east. 19 STREET PROSTITUTION ZONE Police sca=iscics for 1996 show =hat, ouc of 279 prostitution arrests ec identified locations, 19~ (70 percent) were within ~he "street prostitution zone'. Moreover, all of the locations with Can or more arrasCa for prostitution were within ~his zone. Ic is further notable chac che five locations with ~he hiSheec number of arrests were on University Avenue, within three blocks of the adult uses concentrated ac the Universiny-Dale intersection. PROSTITUTION ARRESTS IN SAINT PAUL--1986 (Data Source: Saint Paul Police Department, Vice Unit) Locations of Arrests Wichin 'SOrest Prostitution Zone': Outside of 'SOrest Prostitution Zone': ~ocacion Noc Identified: 195 279 ~3 322 L~ca=tonsgit. h Ten or More Arrests University - Grotto: University - Arundeh Univarsiuy - Avon: Univarsi=y - Kant: University - Dale: University - Mackubin: Sherburnm - Dale: Sherburne - So. Alberta: 33 31 19 12 10 l0 10 2O There is also an increasingly serious crime problem in the area around the intersection of University and Dale. In 1980, the four police quadrants surrounding =his intersection accounted for 5.7 percent of =he reported offenses in Saint Paul; by 1985 the figure had risen to 6.1 percent. A notable aspect of this situation is cha= in the two quadrants north of Universi=y Avenue the number of crimes increased from 1,091 to ~,211 during the years 1980 ~o 1985. Similarly, the tornhorn area's share of =oral offenses increased from 3.3 percent ~n 1980 =o 4.0 percen~ in 1985. In contrast, =he area south of University decreased ~=s =oral number of offenses from 792 co 6~7 durtn& this rime period. Its'share declined from 2.4 percent to 2.~ percent ac =he same =~me. The follo~tn~ map and =able contain deca~ls concerntn~ offenses tn the four police quadrants surrounding the Universe=y/Dale intersect/on: POLICE T~ ARE. AS IN THE U}IIVERSI~-DAiJE NEIGHBORJ{OOD 21 REPORTED OFFENSES IN THE UNIVERSITY/DALE AREA: 1980-1985 (Numbers in Parentheses - Percent of City Total) 1980 1981 1982 1983 1984 198S North of 1,091 1,134 1,177 1,003 1,036 1,211 Intersee- (3.3%) (3.4%) (3.6%) (3.4%) (3.5%) (4.0%) tion South of 792 811 8~0 633 580 617 Interset- (2.h%) (2.5%) (2.6%) (2.1%) (2.0%) (2.1%) tion Total for 1,883 1.9~5 2,017 1,636 1,616 1,828 Univer- (5.7%) (5.9%) (6.1%) (5.5%) (5.5%) (6.1%) sity/Dale Saint Paul 32,792 33,059 32,971 29,907 29,278 30,050 Notes: Offenses consist of homicide, rape, robbery, ag&ravated assault, residential burglary, commercial burglary, theft, motor vehicle theft. arson, and vandalism. Data derived from 'Offense Summary Report, 1980-1985' (Saint Paul Police Department, Crime Analysis Unit) North of Intersection - Police Team Areas 88 & 89 South of Intersection - Police Tea Areas 108 & 109 The recent decline in crime south of the Universl~7-Dale inrersec~ion has paralleled a d~cline in street prosc~tution in the same area. Prior to 1980, street prostitution was a Stowing problem sou~h of Universi~/Avemae. For years, nel~hbmrhood residents complained that chair streets were freq~nted b~ screeWalkers and ~heir clients vho vere at=ratted =~ the area b~ the adulC encer=ai~enc escablis~encs concentrated there. S~ =he eatl~ ~980s, charm were frequent reports of neighborhood woman bein~ propositioned a~ harassed by clients, and of sexual liaisons occurrin; in Sarades or yar~ in =he neighborhood. A key role in dealing with this problem was played by the Aurora-Saint Anthony Block Clubs, an organization of residents between University Avenue and IntersTate 9~ near Dale Street. Faced with increasingly serious neiShborhood prostitution problems, members of the Aurora-Saint Anthony ~lock Clubs or~anized demonstrations in 1982 to make known chair displeasure with The situation. They began shadowinS prostitutes and their customers, taking pictures a~d recordin~ license plate numbers of den whm were frequenting the adult businesses. searching back yards, ~lleys and zara~es, and prevailin~ 22 T upon landlords co evict tenants though= to be prostitutes. The organization also meC with Mayor George tatimer and successfully requested additional police patrols in :he area. Although crime rates are a function of many different variables, i: is clear that the actions of the Aurora-Saint Anzhony Block Clubs have been an important factor in comba~ting prostitution and lowering the crime rate in the neighborhoods south of the University/Dale intersection. But ·s successful as the Aurora-Saint Anthony ~lock Clubs have been, their activities also point ouc the need for a city-wide solution to the problems caused by ·dult entertainment. The neighborhoods in the Aurora-Saint Anthony area have experienced · decline in prostitution and other crimes., but there is evidence chat much of this activity has simply moved to ocher parts of the city, often into the are· north of University Avenue. Citizen action north of University, although vigorous. has thus far been less successful in combattang street prostitution. Overall, the situation near University and Dale has created a perception thac this is an unsafe area Co be in. Evidence of this perception has been gathered by the Western State Bank, located aE the corner of University and Saint Alberta, across the street from an adult bookstore. Although this bank is committed Co working in the neighborhood where ic is located, its efforts to attract employees and customers have often been frustrated by paople's perception of the neighborhood. In 1983, Western State Bank hired a research firm co survey area residents regarding their preferred location for a bank and cheer perceptions of different locations. A sample of 305 people were given a 1Lsc of locations and asked, "Are there any of chess locations where you would noc feel safe conducting your banking business?' The results of this survey were chac 36 percent s·id they would feel unsafe banking ac Dale and University while no more chan four percent indicated they would feel unsafe ac other suggested locations. The details of respondone answers are as follows: 23 QUESTION: ARE THERE ANY OF THESE LOCATIONS %raERE YOU WOULD NOT FEEL SAFE CONDUCTING YOUR BA/~KING BUSINESS? AGE OF RESPONDENT 18- 25- 35- 45- 55- 65+ Don't Know/ LOCATION Total 24 3~ GG 54 64 Wet Refused Dale & University 36% 46% 32% 33% &6% 33% 38% 50% Rice & University ~% 0 6% 0 0 ~% 5% 0 University & Snellin~ 3% 0 7% 2% 0 2% 1% Grand & Victoria 2~ 4% 2% 0 0 2% 1% 0 Rice & Larpen~eur 1~ 0 0 2, 0 O lm 0 None 52% ~% 50% 59% 54% 57% 47% 50% NIJMBER OF RESPONSES 305 24 82 46 28 49 7& 2 Prostitution and Adult Health Clubs Prostit-colon problems in the Universe=y-Dale neighborhood are land use problems. Thac is, they occur on the streets outside of the a~ulC businesses in the neighborhood. A different type of prostitution problem sometimes occurs within Saint Paul's adult health clubs. Police in Saint Paul receive frequent complaints thac adult healr/x clubs in the cit7 are fronts for proscicu~ion. Until recently. ~his was difficult co prove because a~ aerate ac one location seamed Co activate I warninS network which made iC impossible co arrest viclators of the law in other locations. On December 16, 1986, police confronted chis situation with a simultaneous sweep of the ten adult health clubs in the city where prostitution was suspected. Because of the simultaneous nature of these actions, police were able to take action In nine of the con raided clubs. Accordin{ co Lieutenant James Frank, head of the police department's vice squad, 'That makes it quite obvious chac we do have a problem.' However, It is important to recognize ~he difference between the nature of prostitution associated with.adult businesses in the University-Dale area and prostitution allegedly occurring in the adult health clubs scattered throughout :he city. Street prostitution has an adverse impact on the 24 neighborhood in which it occurs buc it apparently is beyond the control oE ~he adult businesses which are located in the neighborhood. Thus, a zoning remedy would seem appropriate Eor this type of problem. In the case of adult health clubs, there is little or no direct impact on the surroundLng neighborhood but prostitution would seem to be controllable by the proprietors of the health clubs. Thus, a licensing remedy would be a more appropriate way to ddal with this type of problem. 25 ALTER/qATIVE ZONING STRATEGIES FOR DEALING WITH ADULT ENTERTAINMENT Saint Paul curren=ly may choose among three basic al=ernative zoning strategies for dealing with the land use problems associated with adult enter=ainmen~. First, l= may retain =he curran= provisions of the Zoning Code. Secondly. it may adop= an amendment to the Zoning Code proposed by Councilman Wilson. Bouh of =hess al~srna=ives are variants on a 'deconcen=ra~ion' model of zoning for edul~ uses. Some ct=ies. including (recen=ly) Minneapolis, have concentrated adul= uses in a single, cen=rslized zone. Therefore, a EhLrd al:erna~lve which Sain= Paul may consider would be the Minneapolis model. Alternative ~I: Re=Sin Curren~ Zon~nz Code -DesGrip=ion: The provisions rela~ing to adulC enCer=ainmenC in the currant Zoning Code were adopted in 1983. Prior to th&c time, ~he Zoning Code did noC deal specifically with adul= uses. Under the curren= Zoning Code, adult uses srs limited uo the following zones: - g-3 (General Business) and I-1 (Industrial), subject =o special conditions including: 1320 radial fee~ be~een individual adul= uses, 200 radial feec between adult use and any residenoisily zoned property (may be waived under carcain circums=ances); - B-4 (Central Business) and B-5 (Central Business Service) subJec= co special conditions including: 300 radial feet between individual adul= uses, 100 radial [eeC between adulE uses and any residential use. 27 CURRENT ZONING CODE: ARF_a.S OUTSIDE OF DOWNTOWN WHERE ADULT USES ARE PERMITTED P 1 ZONING CODE: DO~WTOVN AR~AS WMMRM ADULT USES ARE PERMITTED 25 oEvaiuation: It is difficult to evaluate the effectiveness of these provisions because, :ethnically speaking. no new adult businesses have legally been es~ablished in Saint Paul since 1983, The intent of uhe current provisions is not to discourage the establishment of adult businesses but rather to protect citizens from the land use impact of such businesses. (Note: The Cl~7 maintains thac the Playboy Lounge began operating illegally as an adult establishment after 1983. This claim is disputed by the owner of the business. Also. several bars have begun offering live adult entertair~ent since 1983. although several other bars have ceased to do so. The gullding Department does not currently interpret bars to be "adult uses.') However, there is indirect evidence chac the spacing requirements of the current Zoning Code may noc be sufficient. Under the current Zoning Code, three adult businesses at the University-Dale intersection are legal nonconforming uses. But if no adult businesses existed nearby. there would be land southeast of the inTersection :hac would conform to the requirements of the current Zoning Code. It is plausible that a large entertainment complex in this space would create the same conditions that have brough~ problems to the neighborhood in recent years. The neighborhood around the University-Dale intersection currently suffers =he most serious land use problems associated with adult uses. The large market for adult encertainmen~ created by adult businesses has apparently also created a market for the services of prostitutes. These prostitutes avoid the premises of the adult businesses and instead work the streets of =he surrounding residential neighborhoods. If. as is possible. a large adult entertainment complex southeast of the Universi~f-Dale intersection were to create the same problems, one might reasonably conclude =haca larger buffer zone between adult uses and residential areas is required than chat now specified by the Zoning Code. Alcerna:ive .2: Wilson Prooosal to Limit Adult Uses to Znduscrial~v-Zoned -Description: The proposed amendment to the Zoning Code would limit adult uses to the followin~ zones: - ~-E end ~-2 (~o~h Industrial) subject to special conditions includinS: 1320 radial feec between individual adulz uses, 1320 radial feac between adult use and any residentjelly zoned propert7, 1320 radial feec between adult use and any residential use, and 1320 radial feec between adult use and any protected use (house of worship, day care center, public library, and school). - Note: adult uses would no longer be permitted in S-3. S-~ or S-~ zones. MILSON PROPOSAL: AREAS ~HERE ADULT USES PERHITTED Acres of Street Frontage Ares Land (~) (Feet) 1 7 O 2 105 16,900 3 32 1.200 ~ 2 0 5 1,0~8 51,000 6 3 0 Notes: (1) (2) (3) 1,197 69,100 CHARACTERISTICS OF/uREAS ELIGIBLE FOR ADULT USES UNDE~ WILSON PROPOSAL Absolute Relative Si~e Capacity (2) Site CaDscity (3) 1 0 7 S 3 1 0 32 17 3 0 23 Acreage estimated using Bruning Areagraph (90 percent accuracy). 'Absolute Site Capacity" - number of adult establishments ehac could fit on =he land vl~hin the limits=ions of the gelson proposal; calculated wiChouc regard for existing infraseruccure, existing development, or suitability of land for development. "Relative Site Capacity' - number of adult establishments =hac could be located on existing s=reec frontage within the limitations of the Wilson proposal; calculated richout regard for existing development or suicabiliuy of land for development. 30 -Evaluation: The kay feature of this proposal is the expansion of =he buffer between adult uses and residential properties from =he currant 200 radial fear (oursida of =he Can=tel Business Disc=ice) co 1320 radial fear. This proposed change squarely addresses the problem with the current provisions mentioned above. ThaC is, l= deals with =he face char =be current spacing requirements could permit a situation similar co char currently experienced in =he Universizy-Dale neighborhood. The Viison proposal would lessen =he likelihood of =his occurring in any reside=rid1 neighborhood by greatly increasing =he spacing between adult uses and resida~ces. The size of the buffer zone (1320 fee= - 2 1/2 blocks) is appropriate in light of a nationwide survey of real=ors which indicated char =he negative impact of adult uses declines significantly ara distance of three city blocks (see page 15 above). Airhough lr is somewhat unusual co confine a particular type of commercial facility re industrial zones, there are good reasons for doing so in =he case of adult uses. Firs=, adulu uses are similar co some industrial uses in chat =hey have a negative impact on =he residential environment and are thus incompatible with residential uses. Secondly, lc is only within industrial zones char a 1320 fooc buffer zone bazaar adult uses and residential uses can be created. Finally, =here is already an analogous situation in Saint Paul's Zoning Code. 'Mission type use·", although essentially temporary residential facil~cies. are permitted as a principal use in I-1 zones [Zoning Code, 60.612 (22)1. A possible problem with this proposal is ~har even 1320 fee: (2 1/2 blocks) might nor be sufficient co prevent 'spillover' completely. Indeed, according co the Police Department, =he prostitution rhac now cancers on Dale Screeu extends for eight blocks from Victoria Street co Western Avenue (i.e.. four blocks on each side of =he Universi~/Dale intersection). Nevertheless, 1320 feec is close co =he maximum buffer char could be created in Saint Paul. If =he buffer were expanded much beyond 1320 fee=, no feasible sires for adult uses would remain in =he cloy. This proposal also involve· a Cradeoff. The city would &air larger buffer zones between aduln uses and residential uses. But in return, =he likely locations for new adul~ businesses will be confined co ~wo or three parts of =he city. Under =he current Zoning Code. =here are · variety of permitted sites =ha= could be art=arrive co proprietors of adult esCabiisrumenCs. Under =he gilson proposal, one area becomes particularly ac=ra~=ive relative co ocher opcions. The screech of University Avenue between Transfer Road and Pillsbury Street is an area which, although industrially-zoned, is partly a commercial scrip. One might reasonably expect char a proprietor of a new adult escablishmenC would cry co locate =here if =he Wilson proposal wore passed. Ocher relatively ace=active sites could be found notch of University on Vendalia Avenue. The magnitude of =ha above tradeoff should nor be exaggerated, however. During =he past ten years, =he number of adult businesses in Saint Paul has steadily declined from 30 in1977 Co 24 in 1982 and 19 in 1987. Thus, marker =rends sugge~ ~hac =here will be few new adult businesses established. regardless of whether or noc the Zoning Code is changed. 31 Moreover, the Uilson proposal offers some real benefits even co the neighborhoods close co the University/Vandalia intersection. l~e Wilson proposal would ensure chac any new adult establishments would be considerably farther from residential areas than is the case under the current Zoning Coda. A corollary of this fact is chat cha Wilson proposal could make it mote likely chaca smaller number of adult businesses would locate at cha western end of University Avenue. Under ohm current Zoning Code, the wascam portion of University Avenue provides numerous relatively attractive, legal sires for adult businesses. Currently, adult uses could locate virtually anywhere on University Avenue between Fairylaw and Salnt Paul°e western city limits. The WIlson proposal considerably limice the number oE posslble Incacanna in this arm·. The Wilson proposal would permit adult uses on · coral of nearly 1,200 acres of land in Saint Paul. However, under this proposal, several factors would likely discourage future adult usa· from locating anywhere or/lar chart in cha are· around the Univarstcy-Vandalia intersection. In general, much of the land either has low development potential or is already davecad to wall- established, high-value facilities. The following is · summary oE some oE the relevant features of each of the areas delineated in the above map and cable: Area 1: Includes part of an industrial facility located largely in Minneapolis. No street access from Saint Paul. Ares 2: Includes commercial facilities along University Avenue and warehouse-type facilities along Vendalia north of Univarei~y. Ares 3: Street access possible from Energy Park Drive. Includes Flatman Field (municipal athletic facility). Area 4: Part of Ford Motor Company plant. AreaS: Largely consists of the Saint Paul Downtown Airport, the Metropolitan Wastewater Treatment Plant and the Riverside Industrial Park (lease control by the Port Authority of Saint Paul). Land north of river approximately coincides wi~h the route of a proposed new road (East Central Business District Bypass). Area6: Mostly we=lands. As the above description suggests, chars is actually · continuum of types of sites available for adult uses under the Wilson proposal. Some could be obtained fairly easily while ochers could noc reasonably be obtained in the near future. In particular, two large portions of Area 5 would net likely be available for alternative development in the short run--the Saint Paul Downtown Airport and the Metropolitan Waste Water Treatment Plant. The land occupied by chess facilities is illustrated in the following map of Area 5: 32 PORTIONS OF AREA 5 ELIGIBLE FOR ADULT USES--F. XCLIJDING AlP, PORT, %;AST~- WATF. A PLANT A: Airport Ic should also ha no:ed :hac Area 5 would be diminished if. as is recommended in another tO-acre s:udy, subs~ancial poreions of riverfront land nsar downco~11 are razoned for non-induscria~ purposes. The fo~oving maps illustrate vhac ~his change would involve: 33 EFFECT OF ZONING CHA~GES RECOMMENDED IN RIVEP, FRONT 40 -AC~L~ STUDY ~--. ,;'~ ~.!, ~'--._ r.. ~C" ~" '~: ~r~ ~ :-~-'~:L ~,~...~~:','~':~.. c"~-'..'~'q~...' :~ ~GT~ - ~__~: ,,,-.,. ,- -. ~~.· -. ~ ~k~, .?..~ ~ ,,~' ,~ ~, ' , .... ~. , ~,'~-~. ~; ;... , -..,....~ ',. ~;~-;~..;2-:,~S,i',.,~' .. . . In short, ~= is a complex maczer ~o summarize the total land area potentially available [or adult uses. No single answer can be provided because each answer is relative to certain assumptions. Thus. the following summer7 table provides [our estimates based on four different assumptions: Total Absoluua Relative Available Sine Site Acres of Land Capacfry Capacity (1) (2) (3) ' Including airport. waste water plant as eligible sites No riverfront rezoninS 1197 Riverfront rezoning 47 23 35 17 Excluding airporT, No riverfront rezoning 647 26 vasce water plant as eligible sines Riverfront rezonin~ 497 14 12 (1) Acreage estimated using Bruning Areagraph (90 percent accuracy). (2) 'Absolute Sine Capacity' - number oE adult establishments chaC could fit on the land within the limitations of the Wilson proposal; calculated without regard for existing Infrastructure, exiscing development, or sulcabili=7 of land for development. (3) "Relative Site Capicity' - number of adult establishments that could be located on extsTin~ screen frontage within the limitations of the Wilson proposal; calculated without regard for existing development or suitability of lend for development. A~ternacive e3: The Minneapolis Model--Limit Adult Uses to Portions of the DoomtouT1 Area -Background: Several American cities have chosen co remove adult uses entirely fros proximiCy Co ouClyin~ residential neighborhoods. This can be done by limiting adult uses go all or a part of the Central Business Dis=riot. Boscon's "combat zone' is the first and most famous example of this strategy. More recently, Minneapolis has limited many of ice adult uses its Central Business District. Minne~polis' approach to adult entertainment is especially relevant ~o Saint Paul due co the geographical closeness of the two cities. 35 -Description of Minneapolis Ordinance: In 1986. the Minneapolis City Council adopted an amendment to the portion of the Zoning Code concerning adult uses. The original provisions relating to adult uses had been adopted in 1977. The amendment limited adult uses as follows: No adult use may be within 1000 feec of a residentially zoned district or within 500 feet of certain protected uses (including churches, day care facilities, public libraries, schools), No more than one adult use per face block is permitted. Some adult uses may Zooace only within the Central Business District, subject to the limitation chac they noc be par= of a property vith its main public entrance on NicolleC. The above spacing requirements (1000 feet from residentjolly zoned district, 500 feet from protected use) also continue to apply. Adult uses l~miced to this district include bookstores, motion picture rheatree and entertainment centers. Adult uses vhich are noc limited to the Central Business District include massage parlors, rap parlors and saunas. MINNEAPOLIS ADULT ZONE solid line - adult zone dashed line - core of downtown 36 -Evaluation: The newness of the Minneapolis ordinance makes It impossible =o evaluate its impac= on the city. Nevertheless, ~he following comments may be ins=ruccive in determining who=her or noc a similar ordinance ml&h~ be appropriate in Saint Paul. Although the Minneapolis ordinance is similar co =ha Boston approach, It diEEars in the degree of concentration iu entails. The Boston 'combat zone' is a =wo-block area wi=h a high concentration of adult uses. In coheres=, chars are ova~ 100 blocks of down=own property where adul= uses can locate in Minneapolis. Moreover, ohm Minneapolis ordinance retains spacing requirements which will lead co a certain amount of daconcencracion, even in the downco~'n area. Despite the acuraccion of this approach, there are several diEferences between downtown Minneapolis and downtown £ainc Paul which should be seriously considered before deciding wheuher a similar ordinance should be adopted in Saint Paul. First, downtown Minneapolis is substantially larger than downtown Saint Paul. Second, ~inneapolis seems willing co cul~ivace a core o~ upscole development alon~ the Nicollec Avenue spine and co pemic bllShced land co exist on the ~ringes of the Central Susiness District. In concrasu, Saint Paul has in recent years s~ghc co balance development between uhe core and the periphery of los doctor. Moreover, many o~ the activities in do~co~ Saint Paul consist o~ housing or public ~acilicies oriented toward children and minors (e.g., ~he science ~se~ on the notch side o~ do~co~, the public library and Rice Park area on the west side o~ doctor, and che newly-developing river~ronC area on the south side of doctor). In shore, do~co~ Saint Paul seems less able co absorb a concentration o~ adulc uses than does do~co~ Minneapolis. CONCLUSIONS AND RECOMMENDATIONS Conclusions On balance, the Wilson proposal is the best of the three alternative zonin~ strategies. Like the current provisions of the Zoning Code, the Wilson proposal uses zoning districts which already exist in the city and applies spacin~ requirements to adult establishments within.chess districts. The Wilson proposal is superior to the current provisions of the Zoning Code because it increases the size of the buffer between adult uses and residential uses and thus provides more protection to the city's neighborhoods. It is also preferable co the Hinneapolis model because Saint Paul's downtown is not readily able co absorb a concentration of adult uses. The Wilson proposal also contains a feature thor would be appropriate under any zonin~ straCeSy. It advocates chan~in~ the basis of Saint Paul's definitions of adult uses for zonin~ purposes. Currently, the Zonin~ Code defines adult uses in reference co activities which are off-limi=s to minors. The Wilson proposal incorporates definitions related to the portrayal of certain "specified anatomical areas" and "specified sexual activities.' There is solid legal precedent for this type of definition; indeed, the landmark Detroit adult entertainment ordinance contains this type of definition. Moreover, the chanse is justified in Saint Paul because some sex-oriented businesses have opened their doors to minors, claiming chac some of their materials are for a general audience. The chan~e would also make it clear chac bars with live adult entertainment are to be treated as adult uses. The chan~e would thus close several loopholes thac are currently exploited by proprietors of sex-oriented businesses. ~hilo recommending support of the Wilson proposal, this study adds the following considerations: Adult Health Clubs, Massage Parlors and Similar Establishments. The expanded spacin& requirements should not be applied co adult health clubs. Saint Paul°s adult health clubs have a minor land use impact and =hue the standards of the current Zoning Code are sufficient for these businesses. Many cities reJulace different types of adult uses in different ways. For exsmple, as noted above, Minneapolis permits adult massage parlors, rap parlors and saunas in the city aC large buC limits adult bookstores, entertainment centers and movie theatres Co the Central Business District, Similarly, a number of other cities regulate only such establishments as bookstores, movie theatres and entertainment centers, or apply stricter standards co these establishments. Such an option should be adopted in Saint Paul as well. The greatest neighborhood problems associated with adult uses are indeed in an area where chore is a concentration of two adult movie theatres, one adult bookstore, and one bar with nude dancers. In contrast, few land use problems are associated wich the con adult health clubs in Saint Paul. 39 Ouc of nineteen adult establishments in Saint Paul, can are health clubs. If the City would concentrate its more stringent zoninG remedles on the ocher nine establishments, more could be done co deal with the most serious land use problems in Saint Paul. The problem of prostitution within adult health clubs can more effectively be addressed by licensing. Iz should be acknowledged that, while ic would be useful co brin~ adult health clubs under the control of licensing, such an action would nor necessarily close all undesirable loopholes. An establishment determined co provide prostitution under the ~uise of a leSirimace business could simply declare itself co be a different c~ps of business noc requirinS a License (e.~., a man's club). Short of requiring all businesses within Saint Paul to be licensed, lc would likely be impossible co close all licensing loopholes related co adult encecrairuuenc. Nevertheless, it can reasonably be expected chat some adult health clubs would opt co provide licensed "adult massages" and chat such licensing could be used co ensure chat prostitution does noc occur in chess businesses. Ocher Protected Uses. In addition co residenzial uses, several ocher similar uses should be separazsd from adult uses. "Protected uses" should include houses of worship, day care facilities, public libraries end schools. One rationale for zoning to control adult uses is chat such zoning shields children and minors from adult entertainment and from harmful activities such as street prostitution chat often are found in the vicinity of adult businesses. The category of "protected uses' will help protect children and minors outside of the home as well as in chair places of residence. Recommendations 1. Restrict all adult uses except adult health clubs co l-I and 1-2 zones. Rationale: Saint Paul°s ZoninS Code currently has three zoning districts primarily intended for industrial uses (I-l, I-2 and I-3). All three districts are for land uses which are usually incompatible with residentis~ and most commercial uses; Z-I is for uses which are least incompatible while I-3 is for extremely incompatible (even hazardous) uses. Like many industrial uses, adult uses typically have a negative impact on residential and commercial uses. There is precedent in the Saint Paul Zoning Code for confining certain non-lnduscrial uses co industrial zones--"mission type uses" are permitted as a principal use in 1-1 [Zoning Code, 60.612 (22)}. Require the followin8 spacin~ requirements for all adult uses except adulz health clubs. massage parlors and similar establishments: 1320 radial feeC from ocher adult uses; 1320 radial feec from residential zones and 1320 radial feeC from residential uses and "protected uses' (houses of worship, day care centers, public libraries and schools). ~O Rationale: Numerous studies have show~ =hat adul~ uses cause problems both when concentrated together and when in close proximity to residential uses. The distance of 1320 feet (one quarter mile; 2 1/2 blocks) is appropriate in light of a nationwide survey of realtors which lndicaced thaC the negative impact of adult uses declined significantly at a distance of three blocks. The category of *protected uses" is appropriate because l~ consists of uses frequented by children and minors, often without The accompaniment of a parent or guardian. Retain the provisions of the current Zoning C;de for adul~ health clubs, massage parlors and similar establishments: B-3, I-l: 1320 radial feec from other adult uses: 200 radial feet from reSidentially zoned propamy; B-4. B-5: 300 radial feet from other adult uses; 100 radial feet from residential use. Rationale: In Saint Paul, as in many cities. adul= health clubs are noc associated with land use problems as serious as those connected with other adult uses. Specifically. adul= heal=h clubs are no= significantly associated with street prostitution and related crimes. Thus, a less stringent zoning remedy should be applied to these businesses. Define adult uses in reference to certain specified sexual ac=ivities and specified anatomical areas. Currently, adult uses are defined in reference to activities which are off-limt=s to minors. Rationale: The current definitions have created undesirable loopholes. Some businesses with large selections of sex-related materials claim not to be adult uses because ~hey are noc. as a business, off-limits co minors. The cu:~ant definiulons also cause bars wi~h adul~ encer=ainment noC co be regarded as adult uses (because bars are excepted from the definition of 'adult uses'). Revise the licsnsing provisions in the Legislative Code, Chapter (Massage Parlors. Saunas. ec~.) to include adult hea~ch clubs. Rationale: Licensing can be used co regulate businesses =o ensure ~ha= they do noc en~age in illsSol activities. Curron=ly. adul= heal=h clubs are no~ required co be licensed because =he~ are noc regarded as offerin~ 'massages'. If adul~ hesl=h clubs were licensed. tit7 officials would be be~ter able co ensure thac prostitution did no= occur on the premises of such businessss. PROPOSED ~MENDMLNTS TO ZONING CODE Section 1. That Section 60.201. A, of the Saint Paul Legislative Code be and is hereby amended as follows: Adu~ bookstore. A shop for the barter, rental or sale of items consistins of printed matter, pictures, slides. records. audio :aDs. videotape or motion picture film, if svek-skep-is-aet-epen-te-xke-pvblie genezally-b~it-enly-~e-ene-er-mere-etasses-ef-~ke-p~btie-exet~diag-aay miner-by-reason-ef-e~e.- a substantial or significant Dartion of such items are distinguished or characterized by an omahasis on the deotc=ion or descriotion of "specified sexual activities' or "sosrifled anatomical areas.' Adult cabaret. An establishment which provides go-go dancers, exetie daneers~-strippers;-er-similar or other live enter=diners and-wkisk exet~des-minars*~y-vir{~e-sf-age, who display or dsscribe 'sherifled sexual activities" or "s~ecified anatomical areas.' Adult conversation/ran oarlot. A conversation/rap oarlot which restricts minors by reason of aze. Adult massass antler. sauna. health club. A massage parlor. sauna or health club which restricts minors by reason of age. Adult mini-motion picture theatre. An enclosed building with a capacity for less than 50 parsons used for presenting material defined-by Minnesata-Statwtes-617,292-as-'sexuatly-preveeatives-and-wkiek.as.a prevalling-praetiee-exelwdes-miners-by-virL~ea-of-age~ discintuished or characterized by an emphasis on =he deoiction or descriocion o~ "seerifled sexual activities' or 'seerifled anatomical areas' for observation by matrons therein. Adult motion picture Cheatre, An enclosed building with a capaci~7 of 50 or m~re perso~s used for presen~in~ maceria~ defined-by-Mivaesota Statutas-617,292-ts-~sexually-preveeativet-and-wkiek-as-a-prevai~ing praetiae-exelwdss-miners-by-virtwe-o~-aga, distinguished or characterized by an emphasis on the de~lc=ion or description off 'sherifled sexual activities' or 'sosrifled anatomical ereas' for observation by oatrots the=sin. Adult uses. AdMlt-~ses-are-tkese-*ses-exel~ding-bars-wkiek-are-no~-epen te-~ke-p~blie-&enerally-bM~-enty-Ee-ene-er-mere-elasses-ef-~ke-publie and-exel~din~-any-miner-~y-reasen-ef-agev-a-miner-beiRg-a-perseR-~nder Eke-age-ef-eigkteen-years, Adult uses include;-b,l-are-aet-limited-Eev adult bookstores, adult motion picture theatres, adul~ mini-moClon picture theatres, adult massaze parlors. adult saunas, adult rap/conversation parlors. adulc health clubs, and adult cabarets, er siailar-ad~lt-~ses, and other premises. enterprises. businesses or ~3 places open co some or all members of the ~lL~h/c aC o~ :L~ ~b~e~ there ts an emphasis on the performance. deotcc~ol ~ ~I'JE=fDCfi~ '"s~ecffied sexual acriviCies" or "specified anaComi~ ~-J~" ~hE~ ~e c~able of bein~ seen by said members of ~e PublfC~ Section ThaC Section 60.203, C. of the Saint Paul Ls~ba~acive C~xdte~s ~d is hereby =mended as follows: ConvarsaclonvZrep perlore. An escablishlen~csnsm~b~G~nml~mr 413 of the City Ordinance and advercising, ofrszin~m~sa~irr~.~.:;--smrvice oE engaging in or liscenin~ up conversacio~ C~ dl~cu~een an employee of the establishment and a cusm~, re~d~'s~r ocher Eoods or satires are also simulc~aour~'advercii~ ~a~ed or sold, and re~ardle{s of whether chose o~orse~sa also required co be licensed. The term 'conversation parlor" shall noC ~.~erlkzds~ ~m'ta= ~ftk~ ~al. medical. psychiacric, psychological, or ao,msma~n~ sauv~ ~t~ a prson or ~i~ appropriately licensed: or bona~d~ e~--~ion~ ~i~s, or panels, seminars or o~har similar sa~ims o~' b~ s~ ~ions; or churches or synagogues. Section 3. That SecCion 60.213. M. of the Saint Pa~' I!alliSliF-lvs (ra~blasll Ls hereby =mended as follows: Message parlor, sauna, health club. ~kaptar-4ll-ef-[ke-~lty-Lagislativa-Geda,H~trm'HlrPw"h'-' I"'a~wr'ined as the ~bbin[. scrokin[. kneedin[. cs~otnl~r~n~~v. for exclusive purposes of ~leasure. relaxac~, ~l~n ~. ~ beaucfffcscion, and for no ocher o~oseL. ~,-~ a ' ~ ocher valuable consideration aR/-vkiek-res[zie~, t/l i-aSs and t~l~tns physical culcure and health sm. ~~e and heaZ~ cl~, re~inS club, reddens sa~ ~W~. ~finicion shall include any buildinS, ~, m, ~or esC~lis~enC ~ed b~ the public ocher ~ma~, [i~, rest ho~, nursin~ homo, boardin& homo or oct= hospitalization or care of h~an blin~s, ~~i~e provisions of Minnesota Statures, Seccims~.~~~.703, incisive, where non-medical and non-subbed[rises or massages are practiced upon the hmn b~~~aluable co~ideracion by anyone noc duly license~~~soca Co practice medicine, surSe~. osceopachy. c~~. ~ or podlarry, with or without the use of mm~ ~l *-, or bachin~ devices, or any room or rooms fm$~a~~masseuse is dispatched by telephone or oche~iss~i~~nS a massaSe. p[evijeJ'zkal'Re-massa~e'fer'a'~=~- lieeRsea-premtse, 44 Section &. That Section 60.219, S. of the Saint Paul Legislative Code be amended so as to add the following: Soecified anatomical areas. Anatomical areas consistin~ of: l~ Less than comolete~v and oo8aue~Y covered: (a~ human ~enttals. (b) oubic roeion. (c) buttock. and (d~ female breas~ below a point immediately above the too of the areola: and 2) Muman male senicals in a discernibly curaid state, even comoletelv and oDaoue~,v covered. Soecified sexual activities. Activities consistin,z Human eenitals in a state of sexual stimulation or arousal: ACts of human masturbacion, sexual intercourse or sodom7: Fondline or ocher erotic couchin~ of human eenitals. Duhic reelon. buttock or female breast: ~) Situations involvtna a oerson or oarsons, arty of whom are nude. clad in under~armencs or in sexually revealin2 costumes. and who are oneseed in 8ccivicies involving the flagellation. torture. feccerin~, bindins or ocher oh~sical restraint of any such persons. Section 5. Thac Section 60.5~3(10) of uhe Saint Paul Leftsis=ire Coda pertaininS Co adult uses permitted in a g-3 Zonin~ District subJ oct co special conditions be and is hereby amended as follows: (10) Adult uses c&nversarion/rao oarlots. adult massage oarlors, adult saunas and adult health clubs subject to the followinS condi=lons: (a) The uses shall be located at least 1320 radial fee= from any ocher adult use measured in a straight line from the closest points of the buildin~s in which the adult uses are located. (h) The adult use shall be located at least 200 radial feet from any residentJelly zoned propert3~ measured in a straight line from the closest point of the buildInS in which the adult use iS located to the closest residentjelly zoned property line; this condition may he waived by the planning commission if the person applying for ~he waiver shall file with the planning administrator a consent petition which indicates approval of the proposed adult use by 90 percent of the property owners within 200 radial feeC of the lot on which ~5 (c) (d) (e) the use would be located; the planning commission. in considering such a waiver, shall make the following findings: chac the proposed use will noc be contrary co the public interest or injurious to nearby properties, and thac the spirit and intent of Uhe ordinance will be observed; thaC the proposed use will not enlarge or encourage the development of a =skid-row= area; thac the establishment of an additional use of this type in the area will not be contrary co any program of neighborhood ~onservacion or improvement, either residential or non-residential; and chac all applicable regulations of this ordinance will he observed. The use shall noc be located within a building also used for residential purposes. There shall be no access from the building in which the use is located CO the alley or ro residenrially zoned property. All signs shell comply with Chapter 66 of the Zoning Code and with Chapters 27~ and 275 of the Saint Paul LaSielacive Code. Section 6. That Seccion60.55~(2) of :he Saint Paul Legislative Code pertaining adult uses permitted in a B-~ Zoning District subject to special conditions be and is hereby amended as follows: (10) Adult uses conversation/caD oarlore. adult massace oarlore. adult saunas and adult health clubs subject =o the followin~ conditions: (a) The use shall be located ac least 300 radial feeC from any ocher adult use measured in a straight line free the closest points of the buildings in which the adult uses are located. (b) The use shall be located aC least 100 radial fear from any residential use measured in · scralShc line from the closest point of the buildin~ in which the use is lotseed re the buildin~ in which the residential use is Zooscod. (c) The use shall noc be located within a buildins also used for residential purposes. (d) All signs shall comply with Chapter 66 of the Zoning Coda and with Chapters 274 and 275 of the Saint Paul Legislative Code. Section 7. Thac Section 60.563(2) of the Saint Paul Legislative Code pertaining =o adult uses permitted in a B-5 Zoning District subject co special conditions be 46 and is hereby amended as follows: (10) Adult uses conversation/raP parlors. adult massage Parlors. adult saunas and adult health clubs subject to the following conditions: (a) T~e use shall be located at least 300 radial feet from any other adult use measured in a stralEht line from the closest points of the buildings in which the adult uses are located. (b) The use shall be located ac least 100 radial feet from any residential use measured in a straight line from the closest point of the building in which the use is located to the building in which the residential use is located. (c) The use shall not be located within a building also used for residential purposes. (d) All signs shall comply with Chapter 66 of the Zonin8 Code and with Chapters 27~ and 275 of the Saint Paul Legislative Code. Section 8. That Section 60,614 of the Saint Paul Legislative Coda pertaining to Industrial Districts and uses permitted subject to special conditions be amended so as to add the following: Adult ~ses other than adult conversation/reD outlets, adult massace oarlore. adult saunas or adult health clubs subject to the followin{ conditions: The use shall be located aC lease 1320 radial feet from ar~v adul~ use measured in a straight line from the closest ooincs of che huildinSs in which =he adult uses arm located. The use shall be located ac least 1320 radial feec from any Residential District in any municioalicv. measured in a stralehc line from the closest ooinc of :he hulldine in which the use is located to the ~estdencial District. The use shall be located ac lease 1320 radial EeeC from ally buildant used entirely for residential ourposes. house of worship. d~V care can:at. ouhlic library. or school (Dublic~ parochial or private elementarY. Ju. ior high or high school). (d) All sitns shall comely with Chapter 66 of the Zoninz Code and gith Chapters 274 and 275 of the Saint Paul te$islaCive Code. Section 9. This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. ~7 CREDITS Administra~ion and Policy Direction: James J. BelXus, DIrector Peggy A. Reichart, Deputy Director for Planning v~wrence Soderholm, Principal Planner Planning end Research Hark E. Vander Scheaf, City Planner EFFECTS ON SUP,,qOL~DZNG -'EA OF ADULT [NT[RTAZN)r~J~T BUSINESSES DI SAXNT PA~ · RECEIVED JUL 2 6 ~5 ?URN A ~ · 60TH ST. 6063~ dt ~rntertaxnment U~es-Stud~s E~Eee on ~urroundina Area o~ Adult Entertat: DAT I. . ~ . 43 ~ECEIVED 'Aue z ms Dgv?stm of Planning Depar~a~nt of Planntng and Economic Developrant 421Wab~sh~ Street Sitrig Paul, PAnnesota 5510~ (61Z) ZSa-4SIO and the Coaauntt,/Cr{m~ Prevention project H(nnesota Crime Control Planntng Board 444 Lafayette Road Saint Ptul,R¶nnesota 55101 , (612) 296-3133 June 1978 LI~UAL j'-'L ~, g 1985 1.0 INTRODUCTION 2.0 5Ur,"'ARY TABLE OF C~TEHTS 2.1 STUDY RESULTS 2.2 CONCLUSIONS WHI~ MAY BE O~'N FRON THE STUDY g.3 RECOIvHENOATIQNS BASED 0N CONCLUSIONS 2.3.1 P. ECQN,'4~tDATION l: ~ ORDINANCE 2.3.2 RECO~NDATION 2: AN ORDINANCE 2.3.3 RECOR4ENOAT/ON 3: FURTHER STUDY 2.3,4 RECOffiqENDATZO~ 4: FURTHER STUDY 2 Z' 5 5 t J.O H!STGRY 4.0 DISCUSSION OF DATA AND STUDY DESIGN S. 0 LEGAL R~STRICTION$ ON L'~Ce, TI~I OF ALCOHOL-SERVING ESTAS', 1S?J;E;tTS 6.0 NEIGHBORHOOD OETERIORA- lION A,~D THE LOCATION OF ADULT ENTERTAINNENT ESTAB- 'S~$ENTS IN SAINT PAUL 4.1 1970 CENSUS DATA IlLMS 4.2 SAINT PAUL POLICE DEPART~'dlT DATA 4,3 STATE OF N[NNESOTA DATA 4.4 ZONING INFOP,~TIGN 4.5 LICENSE INFOPJ4ATION 5.1 ZONING 5.2 L)CENSiNG RESTRICTIONS 5.3 LIQUOR PATROL LIMITS LIST OF FIGURES TITLE 8 9 10 11 1T 12 13 13 13 14 17 1.0 I .3DUCTION The Division of Planning spent over a year designing and and carrying out a cost-effective stud of the impacts adult entertainment businesses hav~etr surrounding environments. The Stata of Minnesota, through the Crime ~ntrol Pl~nning Boa~'s )~tty Cri~ Preventi~. Pn)jecto has partlcl- pared in this effort and given the Division valuable technical assistance, This report presents the results and background of the. joint study as well as recoc~nenda- ttons for action based upon the study, Section 2,0 sunTr~rizes the resuTts, states conclusions, and makes recoffnendations, Section 3.0 gives the history of study design development, Section 4,0 dlscussu the data used, and Section 5,0 contains reference material, Section 6.0 is the technical report prepared by the Cm~nuntty Crime Prevention Project staff. -."'- 2Z? 1 6113/7R ' ~.Z CONCLUSLONS WH[CH 'nAY BE DPJ~ FRONTHE STUDY The results of t. he study are qui te clear. Given the measures of neighborhood condition chosen (crime rate and value of housing), the presence of adult entertain- merit establ(shments co~reTates st,~ttsticalTywtth poor · neighborhood condition.I Further~mre, adult e~tertafnment businesses (defined as any alcohol-servtn~ establishment, as well as adult book° stores, adult movte ~heaters, end saunas/massage parlors) tend b~th to locate tn areas of poo~r residen~hl condition and to be fo110~ by a relative worsenfng of the residential condition. Thirdly, the results of the statistical tests Indicate that there is a threshold effect associated with adult entertainment businesses, This means that one or even two adult entertefnment businesses in a~ area might not be a~sB~atPd N1~11 noticeable chan~e. However, more than two adult entertainment businesses tn an area is assoctEted with a stetlsttcally significant ~a~pel~ ;e ~o~[ prnOer~y value. Ltke,tse, more than one adult entertetnm.-nt business tI an area fs associated wttha statistically slc~ntftcant increase In crlme race. downtmm Saint Paul. Thts ts not a typical. neighborhood. Before stating the conclusions vhtch may be dram from the study. the stu4y ttself- shortcomings as u111 as strengths - should be clearll understood. An under- standing of the study deslgn provtdes a context for the c~nclustons and recommendations. 1 As review of ~he tabular date tn Sectton 5.0Nlll Indicate, the ltnear correqattons are s~attsttcally significant but no~ st ZThe Independent variables dependent variable. H~ever, as liter tests sho~, t. he relationship between nefqhborhomt condition and of adult entertainment business ts not linear. ~ence implies the 20~-305 explanation of variance ts a con- servetire estimate of the strength of the relationship between the dependent and independent vatfables. 2 6/13/78 The ftr~t potnt to keep In mind ~s that all ~-esults of the s~u~y aria statistical in nature. The study design ts such that e cause-effect relat~ons~fg between adult do provide c~rc~nstanttal evtdencl of such a relattonshf.p. hcondly, the ter~ "adult entertainment establishments (or businesses)" should be fully understood, This term includes all businesses in Saint Paul possessing a liquor or 3.2 beer license during the study period (1970-1976) as well u all sexually-oriented private clubs, adult bookstores, adult theatar~ and saunas/~assage parlors known to have operated during the stud~ period. This point requires some further elaboration. llhfle there are · large number of liquor and 3.2 beer licenses tn Saint Paul, there are many fewer adult bookstores and movte theaters, saunas/massage parlorl, and sexually-~rtented taverns and clubs in the cttT, Furthermore, sexually- oftented adult entertainment businesses oft nte d to locate near to ba~s, '|no effects of sexual~r;-or~entad businesses on surrou. nding envtPon~tnt are lost in the overall trapact which the group of adult entertainment establishments has, As a result,,he ~fg-tf cant coT- forel no COfi{|U Ions can be dr 9- hie ment businesses, As will be' seen ~ t~e next sectJon, one , Of the recm~nda~onfi h for further study t thts re~ar~l, Hovevet, such a stu~ p~bly ~d have ~ ~nvolve Me or ~ a~tt~il ~n~ctpal~ttes ~n o~r ~ ~n s ls~e eaugh n~er of sex~11y-ortM~ b~n~ses for s~tls~cally st;tftunt ~ncTusf~s dfsttn~ f~ ~- clusf~ ~ adult ~b~af~t bustnessu ~e~11~, A third potnl; relates to the measures of netghimr~ood condition. The messre'e· chos~q were crtme rite and residential property value, two bestc aspects of rolerive quality of life. However, residential prepert~ yelue .and cHme rata obviously do not describe eyerythtng about an area. ,or do these t~o measures necessarily roflect with equivalent senstthtty or rapfdl~ changes tn lead use an area. An are·as residential property value, for example. usually changes slwly relattVe to other areas of the Holeyes% crime rate (at least fop cer~atn categories of crime) may register a much mere rapid response to, for example, opentng of a bar in a neighborhood. 3 6/13/78 (~ovtously, It ~ould Be hfghly desirable to Incorporat~ In the study d~stgn mor~ variables ~]aCtng ~ netgh~ c~dt~lon. ~se kinds of ~asums a~ of~ dlffi~lL ~ ~fine th~ttcally. ~ ~ ~he potnt, ~ey are often costly ~ ~elop da~/for. ~e of ~ ch~f ~asons for ch~stng cHm and ~s~den~¢al pr~e~ value as ~asu~s of netghbor~od c~dt~ton ~ls s~ly 8Y811tbtlt~ of ~. The fourth and final aspect of the study design ~o bear in .find ~hen reading the conclusions belo~ relates to the ca. cape of "neighbOrhood-° The objective of this study was to find out what, if anything, bars, massage parlors, pornc bookstores, etc., do to the neighborhoods in ~htch we live in Saint Paul. Unfortuna+.ely, data are not collected and ~pt by neighbor- hood. However, for this study we were able t~ find usable data at the census tract level or convert data kept on som~ ot~er geographic reference (e.g., police grid) to census tract reference. This is discussed more fully In follo~ln.c sections. Please bear *,n olnd,. ~hough, tJ~t thra,jg.~aut this study Be geographic base used tn the census tract, dasplta frequent reference to neighborhood or area. V(t~ these cautions stated, the conclusions t~ be dra~ from the study follo~ dtrectly from the study results. (:~}N~ION 2: Adult entertainment establis~T~n~ tend to locate in s~mewhat deteriorated areas. CONCLUSION 4: cHme rates relate to establishment of adult entertainment businesses tn a threshold lashlea. There t$ · stantflcantlv hfqher crtme rata assoctatad ~lth t~o such businesses in an area than ~s asioc~ated v~t,h only one adBlt entertainment business. CONCLUSION S: Housln value also relates to establishment of adult entertalnmen~ buSInesses In a threshold fashion. ~,,, h stqniflcantly lower value assocfat~l ~e such businesses in an area than ~s assoc~atao or ~o adult entertalnmenC businesses. 4 6/15178 There a~e no compa~al3le constitutional issues raised hy enacting or erdOrCerner,. of forfeiture statutes based on violations of prostitution. garnt~linc], or licluQf lav~. The regislature may reduire sexuaily oriented 13usinessee whic. jq violate these laws to forfeit their profitS. The Working Group Delievee that such an expansion of forfeiture laws would give prosecutOrS greater leverage to control the operation of those 13usinesses whiciq pose the greatest danger to the community. RECOMMENDATIONS 1. The legislature should amend the present forfeiture statute to include as grounds for forfeiture all felonies and 9rou mlsdemean{x~ pertaining to solicitation, Inducement, promotion or receiving profit from prostitution and operation of a "disorderly house." 2. The legislature should consider the potential for a RICO-lie statute with an omenity predicate, NUISANCE INJUNCTIONS Minnesota law enforcement authorities may obtain an injunction and dose down operations when a facility constitutes a public nuisance. A pul:)lic nuisa.qce m when a business repeatedly violates laws pertaining to prostitution, gambling o~ kaeCing a "disorderly rxxjse.' The Mlrmesota public nuisance law permits a court to on:ler a building to be ctcsed for one year. Minn. Star. !l 617.80-.87 (1988). Nuisance irtjuncUons Io (dose down sexually oriented businesses which1 repealedly vicdata ~aws pertainb~g to prosecuUon, gamUbt or d~ordedy conduct are poeenuaih~ powerful regt~ devices, The fact tha~ a building in which pmoscution ~ ome~ offense occur house · sexually odemad Tmjsines.~ doe~ not shield the facly from application of nuisance law based on such offenses. Arcam v. C~oud Books, INC., 478 U.S. 697, 108 S. CL 3172 (1986) (First Amendment does not shied adult Icxx}kstore Consultants' Flnal Report - A2 ...~ultipie-family residential 20~ Deuease 46 37.7 38,3 10-20~ Deerease 42 34.4 35.0 0-10~ Decrease 26 21.3 21.7 No Effea 6 4.9 Missing 2 1.6 ...Commercial 20~ Deerease 24 19~7 20.2 10-20e~ Deerease 40 32.8 33.6 0-10~, Decrease 33 No Effect 18 14.8 15.1 · 10~ Increase 3 20~ lnerease 1 .B .8 Missing 3 2~ How would you expea the average value to be affected if the properties are within 200 To 500 feet of the new adult bookstore? ...Single-family residential 20% Decrease 67 ~,4.g 55.4 10-20~ Dea~ase 29 23.8 24.0 0-10e~ Deerease 19 15.6 15.7 No Effe~- 6 4.9 S.0 ...Multiple-tzzmly residential 20~J6 Deaetse 41 33.6 34.2 10-2096 Deause 36 29.5 30.0 0-10~ Dem. ue 34 27.9 28.3 No Effea 8 6.6 6.7 10-20~ Increase 1 .8 .8 Missing 2 1.6 'I COHCL~ION 6: Further study Is needed to d~fferentla~e the effects on nelqhborhoods of var~ovs ut~oHes of 'adult en~r~t~ent businesses, For ex~ple, tt ]s possible C~t a bus~ness ~ose principal service Ss as a ~s~urant - but has a Hquor l~c~se - has a d~ffe~nt t~act Won a ne~ghborho~ ~an a sexually-orten~ bar. r,,~e~ s~dy Is also needed to de~e~Ine ~e 4?sta~e over vhtch these eff~t~ a~ ~era~tve. -. · 3 RECOP~v~NOATIONS ~SED ON CG~CLUSXONS Eased on ~he conclusions drawn In the preceding section (2.2) and on the study results described tn the section before that (2.1), the study staff makes the following recommendations: Z.3.1 RECO~NDATKON 1: Ni OROItIANCE $tnce stu~ r~sults sh~ a de~r~oratfM ~shold effect at the census tract level, Cf~ ~unc~l should c~sfder requesting ~at ~e Cf~ Atto~ey's office dra~ up an o~?nance for ~unc?l enacment whtch l~mfts the n~er Of adult ~m~nmt l~c~ses whtch ~y Toca~ tn a gtven a~ea or at hast Palates concentration of 11tenses to a varlarole license fee schedule. Purpose of the ordinance would be to dtscoVraoe threshold _concentrations of alcohol-serving establishments or, at minimum, to ccapensate the publlc through a fee schedule for the demonstrated threshold Impacts of ge~graph?cel c~ncentritfon of alcohol 1 tcenses. An ordtn,nce of th:s type could, ;or example, put 3.2 beer and liquor license fees on a sliding scale based on distances free other licenses. Zn thts t~pe of ordfnence. htgh~t fee should be set for licenses to b~ locatN. tamedlately a~acent to 1~o present licenses, vtth fees dtmtntshlng as distance from the raMpoint between the t~m ne~rtst present licenses Increases. he ~ould con- ttnue to decrease unttl a base fee ws reached at a titstance of.SO00 feet f~ the t~o nearest licenses.~ Oovmtom hint Paul ~ould be excluded frm such an ordinance. Z Since the effecU demonstrated fn this study are at the census tract level, the fee schedule would probably need to tte back to that geographic scale. Census tracts ve~/in area, the average being about 0.73 sq. Ii. The · maximum acceptable threshold nmber of alcohol-serv ng S ~.3.2 RECO~FJIDATIOFI Z: AJt OP. DltOVqC( CItY Council should consider requesting that the City Attorney's office develop a proposed ordinance for Council enactment which would establish a 3.2 beer and 11quor license-free zone around the perimeter of Saint Paul in areas where the 14tsstsstppt River Is not the uunictpal boundary. Purpose of the ordinance woGld be to protect, insolaf as possible, neighborhoods on Saint Paul's periphery from the deterioration threshold effects of potential alcohol- serving developsonto tn bordering jurisdictions. Alternatively, agreerefits could be drawn up with acUointng munidpallttes to ensure alcohol license distance sepa- rations adequate to protect Saint Paul residential areas. 2.3.3 RECOI~,£NDATiON 3: FURTHER SIUO Y The Depart=rant of Planning and Economic Development, with assistance from the State of Minnesota Com~mtty Crime Prevention Project, should determine tf there ts a st, .i ca] r~lationshtD over tire between cateoor~es of adult entertainment establishments and r~levant tndtcatars of ne{9~borhood condition in Saint Peul (for example, resi- dential property value and trite rate), Categories should be devised with us(stance of the City License inspector, If a significant relaUonshfp ts found, a l~c~nse category system should be developed by the City Attarnty'S office for e~acta~nt by ~,it)* Council as an onSlnance, Pro*pose of the categortzatton of alcoholoservtng ltcans,s would be to re ate the dlstanu-separetton suonested in Pacamen~Tatton 1 to the degree of nega~tve ~mpact each category of license has on surrounciln~ area. separations - or higher llcense fees for c~ncentration of businesses tn the sane category - wou3d be requtred of those categories wtth greater negattve Impact, establisY~nts within that area is bvo. They my be at any distance fr~ each other. but a third liquor-serving establishrant should be one census tract average diameter removed from the combined effects of the l~o present licenses, about 5000 feet. For calculation purposes, the point of co~ined effect of the two present licenses would be the midpoint of a straight line connecting them. P1 note, this calculation would not be used to define an acceptable location, only to determine the license fee associated with a proposed location. ':,-> -- 6 6/13/78 The categortzatton could tncorporat~ a sliding distance fee schedule, with base fees p~oportioned according to each category's statistical relationship over tlre to indicators of neighborhood condition tn Saint Paul. The base fees would ~ncreue aS dtstLqce be~een .licenses tn the sa~e cotegot'/decreases, as discussed tn I~eco~Tendat~on 1. Do~nto~ $atnt Paul would be excluded from such an ordinance. (As was noted earltot, thts study would probably have to tncluda dat~ from several municipalities tn order to ob~tn enough tndhtduals tn each categoP/for statistical pur- poses. 'l~e Co,~untty Crtm~ Prevention ProJect would be the appropriate coordinating agent for thts type of mulCt- Jurtsdtctt~al study). 2.3.4 RECOIqfelDATIClt 4: FLIRTHER STUDY The Depar~m.-nt of Planning and EceP~dc I)evelopment ho~_~.~.d determine the mthodalo~v. feasibility and cost of a study ~cn ,ou,~ itetemtne the detertqratton threshold concen- trations for each ca~or,/(see Ilec~ndatton 3} ~ entertainment budn~s. Purpose of the study ~ould be ~ determine for various t of adult entertetnment businesses the number c~tegor as of such businesses that can be tolerated tn a neighbor- hood N4thout mrked statistical impact and the d~stences over which SUch impacts are operative. (This sort of a study was originally proposed by the P1anntng DIvision, but was deferred due to cost. Developo merit at qat~ at the a~dl~ss scale'- wh:ch ts v~t vould be needed for the t~pe d study recommended - could be extreml~ costly to the city were Saint Paul to undertake. it aloe. Agatn, participation by the C~-,,,nity Crlp~ Preventfun ProJect and tts resources would be ver~ desirabh.) 7 6113178 3.n HISTORY This study received its initial t~petus f~c~' City Council in February lg77, with adoption of a resolution {CF Z6844) requesting the ~ayor to ensure inclusion of an adult entertainment study in the City Planning work program. A subsequent resolution (C~ 26892E) further specified the nature of the study, lntttallyo City Planning responded lvtth a relatively simple aa~_ndn~nt to the Zoning Ordinance. The ordinance would have regulated adult entertainment businesses by establishing mtntm~ distances separating such businesses from residential or other sensitive areas. The Cit~ Attorney's office was not comfortable with this approach, in61catlng Ulat a study. off~P1-O a .be,it' for an ordinance. should be developed. According- ly, a first and quite preliminary draft study was sent to the Mayor's office on July 5. After review of this report, entitled "Adult Entertainment Land Uses tn Saint Paul' (not published), members of the Yayor's staff offered suggestions for further elaboration and lmprovea~ent. About this time, Mr. Douglas Frtsbte was invited to s' on a discussion of the City Planning Office study. Fm .e is Director of the Co~e. untty Crime Prevention Project of the trine Control Planning Board, a fedorally-funded state agency. Frtsbie's group had Just published 'Crime in f MInneapolis*, which Planning star had reviewed. Out of this meeting, a tentative working relationship was established between the C~tty Crt~ Prevention Project (CCPP) ~nd City Plannin). Frtsbte's first assistance was tO review City Planning's new study design for an adult entertainment report, The new study design was based on the suggestions from the Yayor's office staff. Xt was quite thorough and, far that reason, quite costly. Because of the cost, City Planning was asked to scale back the stu~. Zn t~e ~eanttme, Frisbt~ had outlined what he felt might be mlevant questions to address were his group to be tnvolved in such a study. After receiving the City PlanninT study ;.~tgn, Frtsbie reviewed, revised, and detailed his staff's thoughts and in October.agreed to be a participant in the.study. Working with City Planning staff, h~ pro- posed on November 1 a tentative design incorporating City Planntng's objectives but in a mere limited, less costly study. Et was reviewed, revised, and transmitted to Mayor*s office for approval. In December a ~otnt work programwas agreed upon end the co)lecttoe of data beg~ ' : 8 6/13/7~ 4.0 DIFr'JSSION OF DATA AHD STUDY DF. SICfi The following subsections briefly describe the data and the way they were used. Basically, t~e study set out to do three things: 1.Determine whether there was a s~at4stfcallv st~tflcant correlation tn 1970 between netQhborhood doteflotation and location of adult entertainment businesses (there was); doteheine the same for 1976 (again° there was a stattstt- r~l~ ~antftcant correlation). .. 2.0etermtne whether these relationships continued 'even after taking Into accost certetn market factors {relative desirability of cocxnerctel rental property as tndexed by age of residential property) and legal factors (zoning and the church/school/fatrgrounds distance laws). The cor- relations between the locatton of adult entertaT~'~n'E bus~ne~e~ end nei hborhood deterioration were stat~sttcally significant even e~ter taking ~ese factors ~n~ aCCount. 3.Determine what preceded what, that fs, whether adult entertatn~ent businesses located In deteriorated neigh- borhoods (they do), or whether deterioration occurs after an adult antertetnr~nt business locates fn a neighborhood (It does). Both sttuatlons are true, but there is a stronger correlation w~th deterioration after establish- ment of an adult entertainment busfnesst~F;~'~"before. This Indicates that neighborhood deterioration, as measured, tends to follow the opening of an adult enterta~nr~nt business. iltth this discover,/, the staff of CC?P posed an additional questt,,~ not part of the ortglnal study design. T~y wanted to Imm,* ts the relat*ionsh',p bet~en. neJ~bofnood CPdetertoretton and the estebllshmeet of adult e~tertatnmant businesses 11near? On tts face, thts question does not seem particularly Important, but tt as. it ts the technical my of asking the question, 'How many adult ' (~PentertoSment businesses can an area tolerate before qualtty of 11re takes s drop1' being tn ~nd that the m~asure the Indicator looked at ts ¢rtme)_O.r._~o (if the indicator looked it ts residential houstng value.) The re,~-'ionshtp between deterioration and number of adul~ entertetnmnt businesses tn i census tract ts not 11nest, 3 The average census tract tn Saint Paul ts about 0.7 of e square erie. They vary trmensely, ~Never, because they are dra~n according to population, not area, , 9 6113/75 4.1 1970 CE:NSUS DATA ITEPL% but is represented best by a threshold. Up to the :. hold number of adult entertainment businesses in a ~--.ous tract, the measures indicate relatively little detertorn- tim. Beyond the threshold nuntar of adult entertainment businesses in a census tract, deterioration is substantla higher. Tables E-Z a~d E-5 on pages 34 ~nd 37, respectiv in hotion 6.0 and Appendix F on page 39, Section 6.0, desertstrata this situation for all alcohol-serving lis~ontS (~ere wU- no ~tatt~t~callv · ~shio demonstrated ~eh Pe~ +, ~vually-or~ent adult entertainment bus)nesses. See Tables E-3 and pages 35 and 38, respectively, Section 6.0). Two census items were used. The first was owners's estimate of value of the single-family home in which he lived. The data are available by census tract as given in Table H-l, 'Occupancy, Utilization and Financial Characteristics of Housing Units: 1970.' As a check on the reliability of this daM, the Division of Planning compare{ a calculated mean value (hot median) for Saint Paul from this table with the mean sales price t'or all single family houses sold in Saint Paul in 1970 through the 14ultiple Listing Service {itS). The census mean was $20,404, the NLS mean $20,589, suggesting that the census data probably are sound. Since HIS data ts not kept b_v consus tract, however, it was not possibh to make o than a citevide cc~?.partson~ The other census 1tern used was year of structure con- structton from Table H-2, 'Structural Equipment and FInancial Characteristics of Housing Units: 1970.' Free this was determined age of housing by census tract. This item was added to the regression fomulae as a proxy for rental rate of coeraercial space in the census tract. The a~s,~pt~on was thlt ad:alt entertainment bustnes.~es tend to locate in low-rent co~,~erctal space. Unfortunate1 comercan1 rental rates by census tract are data items not evatlab~,e tn any census. Rather than go through the ex- pense of a s~rvey, age of housing was picked as · stand-in variable. The logic is that co~Tnerctal structures in a census t-~c* were probably constructed about the same time as Surr~jndfng housing; further, that renthl rate is cor- related with age of structure. Realtors mtght take ~ssue ~lth this reasoning, pointing out that three factors determine :arket ~ent for conc.,rctal structures: Location location, and location. From the results of the regressto tests,' it would appear that age of housing may not have been a good stand-in for rental value of co~-erctal structure since it correlated poorly with location of adult entertainment establtsrk.~ents. On the other hand, of course, the initlal reasoning linking cobinertial rental rata and location of adult entertain.Tent establishmap my simply have been faulty. 3/: SAINT PAUL POLICE ~ARTMENT DATA STATE OF MINNSSOTA 'A Crime statistics (burg]am/, ]arcency, robbery, aggravated assault, rape and auto theft) fmm the Saint Paul Police Department (SPPD) were the basis for one of the two measures chosen to represent quality of residential ares and change tn that quality (the other was housing value). 1970 SPPD statistics were not available tn 8 fom usable for the study, so 1971 information was used. These data and the comparable 1976 data consisted of actual offenses (not runs) recorded by police grtd. Since pollce grids do not correspond to c~nsus tracts in Saint Paul, the grid data were converted to census tracts. Data from grids split by tract boundaries were proportioned to the appro- priate tracts on the basis of land area. No analyses by type of rrtm, were oerfomed. · SPPD crime statistics are subject to the same weaknesses found tn any crime statistics. These are weaknesses of geographic organization and under-reportfng, to name two which could have posed probhms for this study. The geographic organization of police grids was addressed in the study. Under-reporting cannot be addressed effective- ly. If the ass~nptton ts made that under-reporting tn 1971 occurred at the same level of frequent as in 1976 and was untfom across all census t acts, then {he data for the r st~uud~ars should be cooparable enough for purposes of this As was stated tn subsection 4.1, one of the census items used for Be study~as housing value of s~ngle-famtly house~. Since no census has been taken since 1970, a source for comparable data for 127G had to be found. There ware two possibilities: the Multtple Ltsttng Service CNU) and the MInnesota State 0apartanent of Revenue. Be- cause of ease of accessibility and cost involved, the state tnforme. Mon was used. The Local Government Aids and Analysts 0tvtston (LC, AA} of the Department of Revenue is responsible for developing an annual sa~es-assessment ratio study as a basts for state equalization of muntdpal and countY assessed valu- ation.. These equalized valuations, tn turn, are one factor incorporated into calculation of state atd to school districts. The LGAA study compares actual arm's length, fatr market sales prices of properties by class with assessed valuations of similar properties. Of interest for this report were date on residences (up to, but not Including, four 1tying units) sold tn 1976. 11 6/13/78 These sales prices were llst-ed by pla~ and parcel number, ~htch ~ere cc~vert:ed ~o address app~pHa~ ~nsus ~ract n~e~. A census tract ~d~ Nas ~ calcula~d for ?nclus~on fomlae. 4.4 ZONING ZNFOPJ~Tj0el A fourt~ daU 1tern used t.n. the regression formulae was net franc footage bl ~nsus tract of zones tn ~tch El cohol - se~ing 1 t tenses were a 11 ~. To get net front footage, the total front fooLage of alcohol-pemtsstble zontng was reduced by the amount of front footage fa11Ing into the church/school/faf~Jrounds separation boundaries (see Section 5.0). Taken together, these factors constituted the major legal land use Influences on locatton of adult entertainment business. Please note that the Zont,g 0rd;nance classifications used for calculating front footage were those of the old Zoning Ordinance. The present CII~y of Saint Paul Zontng Ordinance was enacted tn October 1975. Almost any influence of zoning of locatlon of adult enterLain. merit establishments during the study period ~ould be attributable to the old ordinance. 4.5 LICENSE It|FORHATI0ti The Licensing Otv4. ston of the Saint Paul Department of Contmmity Services was extremely helpful in i number of ways. First, staff mrs of the Dlvlston protided information concerning location of 11quor ~nd t~vem licenses in 1970 and 1976. Secondly, the/e of assistance (as ~as the Vfc~ unit of the Saint PaUl Policl Dep~r~h~t) in dete~mfntn which of the tavern licenses ~d bee~ used for sexuaTly-or~ented entertain- rant during ~e course of the study perled. Thtrdly, they ~ere able to asstst in trackSng the' locations of private club:, sauqas/massage parlors, adult theaters and books:ores, and "rap parlors" during the stud~ pertod {agatn, the Vtc'e unit was Invaluable t6 this regard).' Insolaf as possible, th~s ~nfor~atlon was corroborated with l~stings tn Ro L. Polk's "City Dire,._.,,.: 1Z 6/13/78 S.O'LEGAL :~ESTRICTZONS ON LOCATION OF ',CQHOL-SERYZNG ESTASLI$H~tENT$ This section sumartzes the locatlonal restrictions placed on estab1~shment in Saint Paul of an alcohol'- serving business. They are: Zoning, Licensing Restrictions and Liquor Patrol Limits. ZONING Under the old Zoning Ordinance, alcohol-serving businesses could locate in the Coe~erctal and I~dustrtal DIstricts. These districts we~ principally located along major streets in Satnt Paul and downtown. Zoning, then, tended to restrtct the location of bars to fairly heavily-traveled streets. Z LICENS!NG STRICTIONS In addition to zoning requtre.-ents, licensing further limits where liquor may he sold. Bars are required to be located awa.v from colleges, churches, schools and the State Fairgrounds, as show~ belw: Land use category Distance Citation State Fairgrounds 1/2 mtle M.S. 340.14 (subd (2)) U of M$L Paul Campus 1/2 mtle 340.14 (subd (3)) Schools and churches 300 ft.* St. Paul Legislative Code 3138.26 Prtvate colleges west of Lexington Avenue and south of St. ~thony Avenue 1/2 mile 17.07 Clt~ (~arter *~'afverable b.v written consent of the institution 13 6113/78 LIQUOR PATROL LIMITS In 1835 Saint Paul expanded to include the railroad suburbs of ParrJam Park and Saint Anthony Park in Rose T~vnshtp, The sale of liquor was prohibited in these .cormunities, The annexation provided that part of this area would continue to be dry. The territory annexed by Chap, ZB1, Laws of 1885, in which nO strong liquor or wine could be sold was as follows: · Starting at the comer of St.' Clatr and Cretin, east an St. Clatr to Shelling, north on Shelling to Como West, the west on a line with Coma as it leaves Shelling to the westerly city limits, then south alang city limits to /qyrtle Avenue, east on H),rtle, projected to a point where it would intersect at the intersection of Hempden and Charles, then south on a line with Cretin and continuing on Cretin to the point of beginning on St. Clatr; also including a strip of l~nd 200 feet wi~e adjoining such terrttory.' After repeal of Prohibition, 16 liquor ltcenses were allh'e~ to locate tn the area bounded by the Liquor Patrol Limits. That nmr~er rer4tns constant. in 1977, there were 9 on-ule and 7 off-sale within this area, A new license can mc into this area only if a 'vacancy' occurs, 3.2 bars a. not included in these restrictions, The impact of the Liquor Patrol Limits statute on results of this study is difficult to estimate. As map 5-2 shows, after taking into account the distance separations required bebween liquor licenses and colleges, universities and the fa4. rgrounds, l~.attonal chn~ce t~ limited, A fin·r-grained study, one focusing at a level lower than the census tract, would be required to analyze the impact of the Liquor Patrol Limits statute acting in combination with the other restrictions listed in 5,2 above, JRE 5-1 LIQUOR PATROl. LINITS LIQUOR PATRr., LIHITS FIGUR[ 5-2 LU~ T.PAUL CAHPUS PROSCR'IPTIONS ON L/QUOR LZCE]4SE LOCATZOHS ) ~... ,.,,, LIQUOR PATROL LIHITS 1/2 MiLE RADIUS FROM ~ COLLEGES AJtD FAIRG~OL.'rtDS. 6.0 N' ~BO~OOO D~TERIOP, ATIP-gt A~D TF L~.ATIOfi OF ADUt. T ENTERTAIi1M~T ESTAI~LI~I'L'L'L'L'L'L~NTS IN SAINT PAUL Thts sectton $s a free-standing report ~ith Its own table of cmtents, format, and pagtnatto~. It was prepared under the direction of Mr. Oouglas FrtsbSe, CCPP DIrector. 17 B/BLIOGRAPHY Tmer, William, 'Regulating Sex Businesses"· American Soclety of Planning Officials PAS Report No. 3Z7 (Chicago: Hay, 1977). · "Steely of t~e Effects of ~he Concentration of Adult Entertainment £stabllshments" {Department' of City Planning,. Los Angeles: June 1977). , · "8oston's Adul~ Entertainment DIstrict" (Boston Redevelopmen] Authority: January, 1976), Roman Grtbbs, Rayor of the City of Detroit et el., Petitioners v. American Hfni TheaterS, Inc., et el., Respondants (U. 5. Supreme Court, October Term, ]974, No. 75-312) Frtsbte, Douqlas, et el, 'Crtmt tn Htnneapolls: Proposals for Prevention* {State of Hlnnesota, Governor's Cot~lstsston on Crime Prevention and Control: Pay, 1977).. Final Report to the City of Garden Grove; The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard Richard McClear~', Ph.D. James W. Ideeker, J.D., Ph.D. 1991 /-~: :!:.~ t- Ai:N ]. |ntroducdon and Executive Summan/ T'bis report ~ummarizes an exhaustive series of statistical analyses conducted ~ver a ten-month period by Richard Mc~a~', Ph.D., ~ames W. Mcekcr, J.D., Ph.D., ~nd ~e rese:rch ~is~n~. ~is d~ument presen~ the s~tisti~l anaJ)~es ~at we feel are ~e mest relevant for the legal requirement of 5asing zoning res~ctions on adult businesses on- their negate ~pact on the communi~ in te~s of c~e, decre~ed prope~ vflue ~nd decre~ed quali~ of life. It is consd~tionall)' ~pQ~nt that the Ci~' of Garden Grove base any restdc~o~ Qn adult b~ineues on these so called "secon~ effect" ud not upon ~e ~n~nt or moral offensivehess of such busincurs. We are confident that any independent teanail'sis ~11 reach s~ilar conclusions. In July, 19~. we were contacted by the Ci~ Manager's O~ce and Police Depa~ent for a~ce on problems rela~d to ~e ~nd~ of ad~t braeins on Garden Gr~e Boulevard. ~er years of e~e~ence ~th these busineue~ the Poli~ ~pa~nt had come to su~ ~at ~eir ~endon ~mted a public nfe~ b.~nvd. Pa~y in response to this simatio~ ~e Ci~ had adopted a ~ning ordinance which r~m=~ ~e ]ntion and densi~ of a~ult busincurs. In order to ~dinan~ ~ b~d on ~e neptNe Hconda~ eftera ~cb bume~ ~ve on ~eir nnoundings and not on ~ content of these busincurs or ~eir monli~. ~e precise d~ensions of the negative ~pact of these businems were un~, b~er. It as not clea~ ~at ~e supe~cial spatial relationship be~een ~e Table or Contents |. Zntroductlon and Executive Summary l.~al Requirements For Controlling Adult Entertainment Businesses lll, Crime in Garden Grove, 1981-1990 Figure 1 17.1 Table 1 18.1 Figure 2 19.1-2 Figure 3 20. I The !mpactKI Aru and the Public Safety Hazard Table 2 V. Quasi-Experimental Contrasts Yt. Survey or Real Estate Professionals VTL Household Survey N,'1IL Conclusions Appendices Real Estate Survey Freque-cies Household Survey Frequencies ~ 'ge~l Estate Iasu'ume~t Household Instrument Proposed St,x~.te A.9 A, 13 I 7 17 33 39 47 Consultants' Final Report - Page 2 and these businesses was statistically significant, for example; and if the relationship u,'a.s significant, it was not clear what aspect of the operation was responsible for the hazard. The exact extent of other nega~,e effects. such as decreased property values and reduced quality of environment for others in the area, were also unknown. In several meetings with the City Manager's Office and the Police Department during the summer and fall of 1990, and after reviewing several studies conducted by other cities to justi~ zoning restrictions on adult businca.as. it was decided that we would assist the City. in undertaking its own study. This study would consist of an exxensive statistical analysis of the City's cry. me data. a survey of real estate professionals. and a sur.'ey of City residenu living close to the currently operating adult businesses. The study was designecrto focus on the following questions: · Does crime ~crease ~ ,he vicinity of an adult business? f~ so. is the increase statis~cally significant and does it consUture a public safety hazard? ' · C. an the public safety hazard be ameliorated by requiring a minimum dis'mace between adult businesses? What is the requLred minimum distnace? · Ate there any other practical zoning restrictions that would ameliorate the public safety hazard? · Ate adult businesses associated with a decrease in property values? · Ate adult businesses associated with declining quality of neighborhood7 We agreed to conduct the surveys and appropriate statistical analyses under Consultants' Final Report · Page three conditions: Firs~ we could expect to have any public data held by the Police Deparu~ent or the City Mauager's Office; secoud, we could expect the full co- operation of the Police Department and the City Iviauager's Office; and third. the City would accept any and all findings regardless of their implications for past present, or future polic'y. These conditions were accepted in priocipie and honored in practice. We enjoyed an extraordinary degree of autonomy and co- operation from both the Police Department and the City Mauager's Oftice. In November. 1990. we began working with the PoHc~ Department to define the parameters of the crime data ~o be analyzed. The complete set of crime reports for 1981-90 were eventually downloaded and read into a statistical analysis .system. T'ne refiabilit)' of these data was ensured by comparing samples of the data downloaded from the Police Deparm~eut cornpurrs w~th data archived at the California Bureau of Criminal Statistics and Federal Bureau d Investigation. Satisfied that the reliability of our data was nearly perfect, in-January, 1991, we began the arduous task of measuring the absolute and relative dLstanees between crime events. We were eventually able to measure the relevant distances for a subset d 34,079 crimes to w~thln 40 feet of the actual occurrence with 99 percent confidence. rn late January through April, 1991, these distances were anal)'zed in various models and with various methods. The results d these anal~-s show that: Consultants' F~nai Report - Page 4 · Crime rises whenever an adult business opens or expands its operation and the change is statisticaliy significant. The rise is found in the most serious cr~nes, especially assault, robbery, burglary, and theft. The rise in "victimless" crimes (drug and alcohol use. sex offenses, ttc.) is also sipificant. though less consistent and interpretable. Given the nature and magnitude of the effects. the adult bu~in~rsex on Garden Grove Boulevard constitute a set~ota public safety ha:ard. · Except for expansions, the adult businesses were in operation at their present locations on Garden Grove Boulevard prior to 1981. There has been so little variation in spatial densi~ since then that the relationsAlp between den~i.ty and c~rne cannot be ~etermined. · A~chitecrural de~'ices designed to ameliorate the nuisance of these businesses have no sigaific.-t impact on crime. · When an adult business opens within 1000 feet of a tavern (or v~ce ver~a) the impact of the adult business on crime is aggravated substantially and significantly. During this same period of time, two questionnaire instruments were developed and ad~inis,-red. In January. and February, 1991, a ample of real e.~tate professionals ~s surveyed. Over nine hundred questioanairds were distributed with a response rate of fifteen percent. The r~.sulla of this survey shc,w that: · Real estate professionals overwhelming agree that close prozimiry of adult businesses are a.uociated with decreased property values for commercial lingJe-family ruidentiai and multiple-family residential pryperry. · Real estate professionah a.uociate the close prozimity of adult business with inereJsed ., :..,e and c~her ne~rive impacts on the cl~ali~y of the neighborhood. During the spring and summer, 1991, a random sample of households living uear the adult businesses wu surveyed. The r~sults of this survey show that: Consultants' Final Repor~ - Page 5 · Residents who live near adult businesses, as well as those who live farther away, aUociate adult businesses with increased crime and other negative impacr, s on the qualit~ of the neighborhood. · A large proportion of residents who live near adult businesses report personal negative experiences that are attributed to these businesses. · Public support for regulation of adult businesses is overwhelming. While ~'irrually all seFlents of the communi~/voice support for all regulatory initiatives, borne owners and women are the strongest supporters of regulation. Each of these findings is fully supported by every. bit of data a~ilable to us and by every. analysis that we conducted. The crime data and analyses underlying our four major research tasks are described in subsequent sections. Most readers wfil be more interested in the poJi~ recommendations based on these analyses, however. Based on the four major components of our research, we recommend that: · Laclang any conclusive evidence on the relationship between spatial der,~i~,. ~nd c.xTirn~ there i.r n~ re~uon to change the curtw~ 1000 foot minimum ~pacihg requirement between two adult businesses. · Given the serious public safety ha:ara~ no adult business shouM operate ~ithin 1000 feet of a ruidence. · Where feaxibl~ the Conditional Use Permit proce~ should be used to ameliorate the public safety hazard For optimal effectiveness, the Police Departmira must be fully involved in every. aspe,', of t~dx process. · Given the interaction effec~ no tavern should be allowed to operate v~hin 1000 feet of an adult business and ~ce ver$~ · The ev~lence dear.Iv supports the current city ordinance in demonstrating the presence of negative $econda.rv effecu associated ~ith location anti density. of adult busintxse. v as required by current federal and state case law. Consultants' final Report · Page 6 These recommendations are informed by an understanding of the legal foundation of the problem. Aller developing that foundation in the following section. preses~ our analyses of crime patterns in Garden Grove and two related opinion Consultants' Final Report - Page 7 Legal Requirements For Controlling Adult Businesses The legal control and regulation of pornography in general and 'adult entertainment" businesses specifiully has a long.and controversial history. The 1970 Commission on Obscenity and Pornography overwhelmingly voted to eliminate all legal restrictions on use by consenting adults of sexually esplicjt books, magazinas. pictures, and filmsJ While President Nixon, who appointed the Commission. was not plea.~d with the fincLings, they were consistent ~.ith general liberal v~ew that pornography should be tolerated as a matter of ind~dual choice and taste unless it directl.v harms others.z The Wil|iams Committee in England supported a similar position in 19797 Alternatively, the 1986 Attorney General's Commissic~n on Pornography called for a more aggressive enforcemere of obsceniN. laws and regulation of pornography that it deemed harmful even not legally obscene.' The current .~dic~al doctrinal standard that governs the difficult halonee cortstitutionally~roteeted free speech and the direct regulation of pornography, is x Report a/the CommUsion on Obzcenay and Pornogr~ (Ban~,,, Books, 1970. : See D.A. Downs, :Fhe New Pol'uic~ of Pornography (Uniwrsi~y of Chicago Press 1989). ~ See W.A. Simpson. Pornography and Politic. x: Report of the Home Office (Waterlow Publisher~ 19ga), · Attorney General's Commission on Pornography, Find Report (U.S. Deparnn ent of JusticE, 1986). Consultants' F~nal Report - Page found in Miller v. Cali[ornia t13 U.S. 15 (1973): (a) whether "the average person. appb~ng contemporary. community. standards' would find that the work, taken as a whole, appeals to the prurient interest: (b) whether the work depicts or descn'bes, in a patently offensive way, sexual conduct specifically defined by the applicable state law;, (c) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. (24) Despite this standard, the Attorney Oenerars Commission concluded that: [after the Miller decision]... the nature and exlent of pornography in the United States has changed dramatically, the materials that are available today are more sexually explicit and portray more violence than those available before 1970. The production, distribution and ale of pornography has become a large, well-org~nized and highly profitable industry.. Indeed, there is some empirical evidence to suggest that the number of prosecutions6 and appeals? of obscenity convictions have declined natjon~de.a Recently much of the local control of pornography has been of a more indirect nature given the difficulties of direct re$,ulation and legal constraints involving First Amendment rights. One rather unique approach has been the attempt to regulate pornography as a violation of women's cMl rights. This use of s Fred//teport ~pra Bote 4 at 461. * The New York Obsce,~it7 Proje~ 'Ass Empizical l~qxsis7 i~ to the F, ffeecs of Miller v. California on the Control of Obscenity", New York Universay Law Rev~w $2:843 (1977). ~ R.E- Riggs, "Miller v. California Revisited: An Empirical Note," Brigham Young University Law Review 2:247 (1981). generally 2~oNas, supra, note 2 at 20. Consulunts' Final Repor~ - Page 9 anti-discrimination statutes ,;,'as first tried by Minneapolis9 but has failed to catch on in general.m However, many municipalities have been very successful in regulating where pornographic businesses and adult entertainment businesses can locate through the use of zoning lav. s. Municipalities have followed two major strategies in regulating the location of adult enteruinment businesses. One approach is to concentrate adult businesses in a limited area, often called the Boston or "combat zone' approach. The o,~er approach follows the opposite mcfic by dispersing adult entenaln-~ent businesses, preventing their concentrztion. often called the Detroit approach." In Boston, adult entertainment businesses had been unofficially concentrated in a specific area of the city for many years.s2 This "combat zone' was official}y established as the Adult Entertainment District in 1~'74. It was felt that by formally tea:tiering such businesses to an area where they were already established would prevent the spreading of these businesses to neighborhoods ' Minneapolis ~xle of Ordinances (MDO), Title 7, ch. 139.20, sec. 3, subd. See ~ s*~ra note xt For a general dianaainu of these two approaches see P~ Committee of the Los A~pl~ O~y Council Xrudy ~ the Effe~ of the Co~c~warWn of .,4,~,,/t Entertainment Extablishmenu In the City of/.~ Angeled, Los A~getes City Planning Deparnnent (June, 1977) (Hereinafter L.4 Study). z: This discuuion of Boston and the "combat zone' approach is taken from the .~tud.y id., at 9-10. Consultants' F~nal Repor~ · Page 10 where they were deemed inappropriate. In addition. concentration of adult businesses might aid in the policing of such acti,,~ties and would make it easier for those who wanted t~ avoid such businesses to do so. There has been some question as to the effectiveness of this regulatory approach, as the L4 Sz~f.v observed: The effectiveness and appropriateness of the Boston approach is a s';bject of controversy. There has been some indication that it has resulted in an increase in crime within the district and there is an increased vacancy, rate in the surrounding of:rice buildings, Due to complaints of serious criminal Lucidenu. law enforcement activities have been incre&sed and a number of liquor licenses in the area have been revoked. Since the 'Combat Zone' and most of the surrounding area are pan of various redevelopmeat ptojec~ however, the change 'in character of the area cannot be attributed solely to the existence of 'adult entertainment' businesses.u The other approach that municipalities have followed is the dispersemeat model sometimes called the Detroit model. In 1~72 DetroiLmodificd an 'AJati- Skid Row Ordinance' to provide that subject to waiver, an adult theater could not be located within 1,000 feet of any two other "regulated ~es* or within 500 feet of a residential area,' Regulated uses applied to ten different ldnds of business establishments including adult theaters, adult book stores, cabarets, bars, land dance ha/Zs and hotels. This statutory zoning approach to regulating adult business was lqtl/y chaHenScd and subsequently upheld by the Supretire Court as x~ Id., at 9. Consultants' Final Report - Page 11 constitutional in Yo,,~ ~. ,~men'c~n M~m Theatres, Inc." This model has been adopted by numerous cities including Los Angeles and twelve other Southern California cities for controlling adult businesses.ts While the dispersal model has been found constitutionally valid, several subsequent court decisions have limited the way in which municipalities can adopt t, 427 U.S. 50 (1976) (Hereina~er Mini Theatres). This decision is often cited as the legal basis for a dispersal approach. however the opinion appears to support ~hc constitutionality of both the dispersal and concentration models: It is not our function to appraise the wisdom of its [Detroirs] decision to require adult theaters to be separated rather than concentrated in the same areas. In either event, the city's interest in attempting to preserve the quality of urban life is one that must be accorded high respect. Moreover, the city must be allowed a reasonable opportunity to experiment with solutions to admittedly serious problems (427 U.S. 50, 71). Indeed the Supreme Court upheld the Cons~irutionali.ty of the concentrztien model in Re-.ton, "Ci:ies .-.ay regHate adult theaters by dispersing them. as in Detroit, or by effectively concentrating the,-, as in Renton."(intra ~ote 16 at 52). ~ The best .single source for information on this topic is the Los Angeles City Council Planning Corraninee. According to the L.4 Study: Locally, the cities of Bellflower and Norwalk have enacted ordinances requiring adult b~k~ores and ~eaters to obtain a conditional use l~rmiL As a part of their study the Cfty of Bellflower ~P/eyed over 90 cities in Southern California to determine how other cities were controlling adult bookstores. Of the citiu which responded to the BeD.flower survey, 12 requixe a conditional ute permit for new bookstores. The conditions for obtainlag such a permit generally include dispersal and disunce requirements based upon the De~xo=t model. Bellflower also includes. (/,4 ,ctudy supra note at 12). The 1.4 Study also presents a table listing 9 cities nationally that have taken a dispersal zoning approach (Id., Table 11). Consultants' Final Report - Page 1~- such zoning laws. In Renton r. pl~'rzme Theatre.T, Jnc.s* the Supreme Court l:eld such statutes cannot be enacted for the purpose of restraining speech but have to be "content-neutral" time. place. and manner regulations designed to serve s substantial governmental interest and not unreasonably limit alternative avenues of communications. In making this determination the court must look to the munidpali~"s motivation and purpose for enacting the statute. If the statute is primarily aimed at suppressing First Amendment rights it is content based and invalid. But. if it ~s aimed at the 'secondary effe~"ts' such businesses have on the surrounding community, it is content neutral and therefore valid. In making this determination the court must look at a number of factors. from the evidence the municipality offers to support a finding of secondary, effects. to whether the zoning s~tut= eliminates the p~ssibility of any adult businesses within the jurisdiction of the municipality. It is the first factor this report is primarily concerned with.i? In the Mini 7'Aeatres ease the Detroit Cormmort Council made a fi.nding that adult businesses are espenially injurious to a 475 U.$. 41 (198f)(I..Ierei~aftet Renton). tv 1:ven it an ordinance were enacted for the proper rea.sous the c~un still must determine whether the ordinance would effectively prevent any operation of an adult business within the muninipnlity's jurisdiction, see I~'dn,,t Propen/ca, Incv. C~ o/ P,"hatier 808 F.2d 1331 (1986). However this is presumably not an issue for the City. of Garden Grove's ordinance because the enforcement of the ordinance would still allow the operation of adult businesses in various locations throughout the city. Consultants' F'ir~l Report - Page neighborhood when they are concentrated. This was supported by expert opinion evidence: In the opinion of urban planners and real estate experts who supported the ordinances, the location several such businesses in the same neighborhood tends to attract an undesirable quantity and quality. of transients, adversely affects property values, causes an increase in cr~ne. especially prostitution, and encourages residents and businesses to move elsewbere.'s - The courts have not been very explicit in terms of the exaa t~pe and nature of the evidence of 'secondary effects" that i~ requixed to uphold zoning ordinances re~lating the location of adult businesses. On the one hand. failure to introduce any evidence linking secondary. ef:fec~s with the way the ordinance is enforced, is insu~cient.x* On the other hand, a c~ml~lete independent anat.~is of secondan,. ef:fecu in each jurisdiction that enaczs such laws is not necessary. In Renwn:~ the Supreme Court upheld an ordinance without benefit of an independent analyiis. Mini ~heat~es supra note lg at 55. x, "Here, the ~unty has presented no evidence that a single shovAng dan adult movie would have' any harmful secondary effects on the community. The County has liars failed to show that the ordinance, as interpreted by the County to include any theater ?.hat shows an adult movie a s~gle ~me. is suf:[i~icnrJy 'narrowly tailored' to affect ~ that eaRgory of theatres sbow~ to produce the unwanted secondary effects." Pen/on 106 S.Ct. at 931. Nor do we see how the County could make such a r~owinf, sin= i~ is di~i~lt m Za~ne that on~ a mS/e ~how~ ew, r, or only one in a year, would hav~ any meaningful seccrndary ef:fect~.' Tol/~, Inc. v. 5~w/~e/?ta~zv C~n~ 827 F.2d 1329,1333 (Pth Cir. 1987). City ofRenton v. Pl.avtime ~heatres, Inc., 475 U.S. 41, 106 S.CL 92~, 89 LT=xl.2d 2a(1986). Consul,.nu' Final Repor~ - Page In this case the Ci~ of Renton re]ied heavily upon the study of secondary effects done in Seattle to ju. stify its ordinance. 'Fhc Court held: We hold that Renton ,~as entitled to rely.on the experiences of Seattle and other cities, and in particular on the "detailed findings" summarized in the Washington Supreme Court's [Northend Cinem~/n~ v. Seattle, 90 Wash. 2d 709, 585 P. 2d 1153 (1978)] opinion, in enacting iu adult theater zoning ordinance. The First Amendment does not require a city, before enacting such an ordinance, to conduct new studies or produce evidence independent of that already generated by other cities, so long as whatever evidence the cin/relies upon is reasonably believed to be relevant to problem that the city addresses."''i The Los Angeles City Planning Deparunent conducted a study of secondar,.' effects in 1977,= to support a spacing ordinance similar to the Detroit dispersal model. Since Garden Grove's ordinance follows the same model it may have been legally sufficient for the City of Garden Grove to rely on the Los Angeles study. However, the Los Angeles study is 19 years old and it could be argued that because cf its si:e. p~pulation strocrure, real estate market. and other municipal characteristics, Los Angeles is not a good covzparison c'~ for Garden Grove. Like theZL/Sm~ this analysis relics on a multimethodological approach to analyze seeonclaP/effects associated with the location of adult businesses. Both an analysis of crime rates and surveys were conducted to anaJyzc seconctat7 effects n Renton, id., 475 U.S. 41 at 51.52. "See L4 Study. supra note :~ Supra note 1 I. Consult~m~' F'i~l R~pon - P~ 15 associated ~th such businesses. Unlike the ~ 5:ud.v this anal.vats is more sophisticated in several respecu. The L4 51zg/.v examined the secondary effect of crime rates and their association with adult business by comparing the crime rates of Hollywood area (which had a large concentration of adult businesses during the period smdiecL November 1975 and December 1976) to the rest of the city." This analysis did show there was an increase in both Pan 1~ and Pan II~' crimes associated with the Hollywood area and its higher concentration of adult businesses in comFaxison to the rest of the city. While supporting the presence of secondary effects, the analysis has several disadvantages for supporting a dispersion regulation model in Garden Grove. The City of Garden Grove is not very sirnz]ar to Hollywood, Either in municipal character, or concentration and ~?e of adult businesses? More ~ The analysis presented tn the L,4 Szz/~v. was taken f~om a report prepared by the Los Angel~ City Police Deparnnent, The Impact of Sa Oriented Businesses on tAe Police P~oblems in the CA?of Lss Angeles. '~ Part I cztnes include homicide, rape sUravated assault, robbery, burglary, larceny, and vehicle theft. "Pan II crimes include other zssaul~ forgex7 and counterfeiting, embezzlement and frzud. stolen pmperzy, prcsz~ion. n~rcoz~:s. fiquor lawv~oL~ions, [;ambling, and other miscellaneous misdemeanors, s~ Hollywood in 1969 had 1 hard-core motel, 2 bookstores, 7 theaters, and 1 massage parlor/seam joint; in 1~7S had 3 hard-core motels, 18 bookstores, 29 theatres, and 38 massage parlor/ram joints.(see/.,4 .~zudy., Table VI, p. 54). Garden Grove on the other hand only has seven bookstores and adult video stores. Consultants' Final Report - Page 16 importantly, Garden Grove seeks to control adult businesses in terms of their location ~o schools, .churches, and residences (200 fee~) and in relation to each other (1000 feet)." To substantiate the relation between these distances and the secondary effects needed to justif), the regulation, the anai.~'sis should demonstrate an association between the secondary elects and these distances. For example, if crime rates are higher within 1000 feet of an adult business than they are-around other businesses, this demonstrates a stronger association between secondary elects and the regulation designed to control them. While areas of a ~ty that have higher concentrations o[ adult businesses may have higher crime rates than other areas, this gives little support for regulation of specific distances be~,een adult business and other land uses. The Z.,4 ~t~? also presents the anal)'ses of two c~'ues'rionnaires, one to businessmen and residential proper~. owners, and one to real.tots. real estate appraisers and lenders, to determine the elects of adult businesses. While the cluestionnair s'~do a k the respondents about possible negative effects, there was no · s distinction between the negative elects when the distances from adult businesses varied, nor when there were two or more such busincss Iotated near each other. Both of these i5'ues ate important aspects of the Cra:den Crave oraizan:e. See Appendix for the Garden Grove ordinance. Consultants' Final Report - Pale 17 III, Crime in Garden Grove, 1981-1990 During the decade of our study, 1981-1990, the Garden Grove Polic~ Depar'm~ent recorded 108,196 UCR Pan I crimes (112 homicides, 548 rapes, 3,825 rc~bberies, 16,677 assaul~ 24,498 burglaries, 51,.~93 thefts, and ii,133 auto thefts) and 17.274 UCR Pan II crimes (2,828 sexual offenses. 5,353 drug offenses, 5,651 alcohol offenses. 972 weapons offenses, and 2,460 disorderly conduct Figure 1 lench perspective to these numbers. Part I crime.s, which are ordinarily thought to be th,' "most serious" crimes, make up more than 85 percent of the total. Pan II crimes, which include many of the so-called "victimless" crimes. make up less than fifteen percent of the total. Another important difference between these two categories is that. while Part I crimes almost always begin w~th a citizen complaint. Part II crimes may result from proactive policing. For this reason. Part II crimes have turned out t~ be less intar~s'ting to this study. Although w~ find a str~ng relationship be~;~en the distribution of Part II crimes (especially Part II sex offettv~) and the locations of adult businesses, we cannot dra~v a valid causal telati~,,,},~ from this finding. Part I erimos are quite nBothe~' matter. As shown ha Figure 1, Part 1 crimes ~ b~ divided further into Penoatl and Property categories- Isersonal crimes (or ~rime$ against the person) act, ount for approximately twenty percent of the Part I total. Seventy-eight perc~'nl Of Personal crimes are assaults; 18 percent are robberies, three percent are rapes, Consuir-nu' lqr. zf Reperi · P~p 17.1 Figure I - Distribution of Crimes in Garden Grove, 1981-1990 Total Crime Part Psrt I PersonaJ ~oeT~ Part lProperty ConsulLants' Fir~l Report and sJight]~ ]eu than one percent are homicides. Propcry/cr~mes (or crimes alainst proper~) account for xppro'~imately eigh~ percen~ of the Pa~ I to~L Of these, 60 percent are the~ 28 percent are bur~la~ie~ and 12 pcrcen~ are auto theft. ~o~gh h is t~mpling to think of Prope~ c~cs as ]eu se~ous than Personal ~e~ we caution the reader ~o remember tb:t ~ ~e has s d~adly potential. Eve~ a~ed robbe~ is a potential homicide. Eve~ the~ burglar, or auto theft could quickly ~ into s deadly con~on~tion. ~ile ~bsequent anal}~es may d~n~hh ~ong ~c ~en ~es ~e~ w~ do th~ f~ dida~c pu~oses only. In our opinion, in practice, any Pan I ~e poses a se~ous thr~at to public ufe~. With this ca~at, we note ~at the m~ of c~mes in Garden Gr~e is not ~i~ diffe~nt ~an ~e m~ f~nd in o~er ~Hfo~ia ~es du~ng period. ~ is also ~e of p~ulation-adjusted crime rata. ~lative to o~her ~lifo~ia ~e~ Garden ~e h~ neither a *high" ~ "I~ ~e ~te.s To iHus~ate th~ p~in~ Table 1 ~ ~e 19~ P~n I ~e ~tes for ~en~-four r~pre~n~ ~e~ Garden Gr~e ~n~ sli~ able ~e median on homicide and aura ~e~ ~nd ~t~ b~ ~e median on a The Garden Grev~ Polic~ Deparunent is organized into community "turns,' however, and it is generally believed that this organizational structure encourages police-citizen interaction, including reporting of crimes. Other things being equal. Garden Grove is expected to have a higher c'r~ne rate than a c~ty whose police deparnnent is structured along more traditional lines. Consultants' Final Report - Page 18.1 Table I - Crimes per 100,000 Population for California Cities, 198S HomWi~le Rape A~sautt Robbery Burglary ,a. aaheirn 7.3 48.8 2?3.8 199.6 2351. 4348. Bakersf/eld 6.6 65.3 567.2 489.5 3651. 6649. Berkeley 10.6 41.6 638.7 435.S 2836. 7971. Concord 2.9 27.9 10~2 2.58-3 1376. 4076. Fremont 2~ 2~.8 65~ 372.1 1354. 2969. Fresno 21.2 81.8 S66.9 392.7 3632. ~745. Fullenon /,.9 32.3 168.2 201.S 1S03. 4071. Garden Grove 10.S 38.1 32L2 293.6 21~9. 4040. · Glendale 2.9 12.2 189.1 140.2 1378. 2940. Hay~'ard 6.4 38.S 267.1 40S.0 1809. 4926. Huntington Beach 2.4 22.3 100.9 147.8 1378. 2883. Inglewoocl 2~.7 11~6 1236.2 630.8 2417. 2386. Maclesto 4.7 52./, 187.0 276.7 lg79. 614g. Ontario 9.0 76.6 327.6 713.8 2821. 4088. Orange 5.S 25.2 219.8 247.1 1712. 3S40. O~nard 6.5 61.9 294.8 300.4 '2008. 3984, Pasadena 24.6 49.1 596.3 5903 2262. 5110. Pomona . 25.9 92.7 907.9 103.~.1 31.%~. 4337. Riverside ~ 8.2 $7.4 340.0 690.S 2628. 4849. San Beraadino 14.3 87.6 876.3 914.2 3783. Santa A.aa 16.2 28.9 424.0 294.6 2498. 6612. Stockton 182 61.4. /,75.4 497.7 3347. 7937. Sunnyvale 4.7 27.2 77.9 100.4 759. 2544. Tortonce 3.1 28.5 254.9 202.5 1150. 3024. .~tltO 777. 796, 841. 430. 812. 503, 693. 450, 1660. 505. 699. · 602. 527, 921. 911. 570. 1127. 1134. 739. 245. 865. Source: Uniform Crime Reports, 1985 Conruitants' final Report · P,.ge Figure 2 - Annual Crime Trends in Garden Grove, z981-1990 Consultants' Final Report - Page 19 and theft. None of these rankings is significantly different than the median. of course, and furthermore. the rankings fluctuate slightly from year to year. While Garden Grove has an "average" crime rate relative to other cities, however. like any other city, Garden Grove has a range of "high" and 'low" crime neighborhoods. We will address this point in greater detail shortly. For the present, it is important to note that crime rates vary widely across any c'.'ty. Crime rates also vary widely over time. To illustrate again, lipre 2 shcn~'s annual Part ! and Pan I! crime totals for Garden Grieve over the de~de of this srddy. 15~81-19907 In some cases, auto theft and assault, for example, crime appears to trend steadily ul:5'ard. In other cases. particularly burglary, crime appears to trend steadily downward. In all cases, however, the trend is on .A. apparenL In eve.rv co,.szanz r~,,ial area :~x ~ lure a. amir2d f~r rM.: relx~ we fottnd ten.year trends to lie well ~dthin the bounds of stocha. stic error. In other words, we found no staz~ca~. siSmftcant trend. For rexsons too n~tmerous. e~npiiated. and obscure to be .discussed here, time series of crime totals drift stochastically from year to year and it is the mathematical nardre of a drifting process to appear to rise or fall syslemaljally over 1~ne. Although this phenomenon kas been widely reported by statisticians since the early 19,N centdry. it is not well ~ Since these are crime totals (not crime rates), Figure 2 must be interpreted cautiously. Due to annexation, in-migration, out-migration. and growth. the population of Garden Grove has changed dramatically over the last ten years. Cons~Rants' Final Report - Page 19.2 Figure 2 - Annual Crime Trends in Garden Grove, 1981-1990 ! t ! i i ! i~ : i ~ I. Consultants' final Report - Page 20 understood by popular media or the public. Nevertheless, each of the seven Part I crime trends is consistent ~,'ith a "random" process and, hence, each is amenable to a statistical analysis.' The ~ve Part II crime trends, in contrast, are not at all consistent w~th a "random" process. To illustrate, note that total sex offenses incre~zse (from 320 to 480) by ~if.ty percent from 1987 to 1988 and then decre,,se ('from 480 to 77,2.~) by rift:,,' percent f~'om 1988 to 1989. Annual changes of this magnitude lie ~'ell beyond the bounds of Normal "random" variation. In fact the anomalous 1988 total is due to a concerted enforcement effort by the Garden Grove Police l~epartrnent. I.~cking complete information on Part II enforcement activities during the 1981-1990 decade, we cannot attr/bute changes in Part II crime rates to the operation of adult businesses. AJthough we report effects for Part II crLmes in subsequent ana.h~ses, the only internally valid effecu are for Part I crimes. Figure 3 shows another .type of t~end. F. zamining the day of the week of the seven' Part f cr~mes, a distinct pattern emerges. We see here that the oocur~ence of Personal crhnes peaks on weekends. Conversely, Property crimes peak during midweek and are leas~ Lf.kely to o~-ur on weekends. The bash for this pattern is well established in theory: crhnea o~ur when the o.~c~.us~ is made available to a person who is inclined to commit criminal actions. Opportunity is defined differently for Personal and Proper~ crimes, however. Personal crimes (especially anonymous robbery and assault committed against strangers) are best Consultants' final Report - Page 20.1 Figure 3 - Crimes Weekday in Garden Grove, 1981-1990 !i ,_,_- i Consultants' Final Report - Page 21 conducted under cover of dar'~ess, on an intor, icated ~ctim, in a relatively deserted public location. T'bese conditions presumably occur on weekend nights outside bars or adult businesses. In da)~light, the desired anon)'mity is unobtainable and the vulnerable, prospective victims are not on the street. Thus. Personal cri~es are committed most often on weekend nights. T~e opposite pattern holds for Property cr~mes. 'rnese crimes- notabl.~. theft and burgtar~, are most o~en committed when the offender is least likely to encounter any witnesses. In theory, the best time to break into a residence uncletooted is during the weekday day'time hours when most occupants are away from home. For our purposes, however, the weekday patterns found in these data. as sho~ in Figure 3, are a simple con~rn~ation of the reliability of our data. More important. perhaps, finding the same panems in all four Personal cries and all three Property cr~mes justifies collapsing Pan I crimes into two broad categories. Hereof'tot, except where an effect or pattern varies across be Pan I crimes, effects an.d. patterns ~'ill be reported for Personal, Property, and Pan II crime categories. Con~lLants' Final Report - Page 2.~ The Impacted Area and the Public Sal'et)' Hazard At present. seven adult-oriented businesses operate on Garden Grove Boulevard. The/'art)../'Zot~se, located at 8751 Garden Grove Boulevard. ~s in operation on December 16, 1980, when the City of Garden Grove annexed this area. Two other adult businesses, the Bijot~ and the P'~reo Prt~-w Rearmr Center. located at 8?45 and 8?43 Garden Grove Boulevard in the same building as the Party House, opened in March. 1986 and AugusL 1988 tespecr~,.e]y. Given the proximi~ of these three businesses. their individual impacts on crime are confounded. Treating them as a single cluster of businesses, however, we find a significant increase in both Personal and Property crimes following the openings of the adult businesses at 8745 and 87,~3 Garden Grove Boulevard in March, 1986 and Au~st. 1988. The ,4~tzZt, located at 8~02 Carden Groove Boulerard,'aad the/I ~o Z, located at 8192 Garden Grove Boulevard, are far enough away from the 8?00 block to allow for an assessment of individual impact. But since these businesses opened is February and May, 1980, at the very belisnisg of our crime dat~, there is ~,{s simple causal benchmark for atmbutisg crime around these businesses to their operation. The patter~ of crime around these businesses is nevertheless consistent with that hypothesis. At the other end of Garden Grove Boulevard, the/-Zip Poc/cer (11~8~) and the ~ar~en o.f Ejtn (120~1-5), which opened in 1971 Consultants' ~inat Report - Page 23 and 1977 respectively, pose the same problem. In March, 1983, however, the Garden of Eden expanded iLs operation from one suite to three. As in the cue of the Pan).' Hou. se.Bijou.g/u~eo PFe~ew Rental Center complex on the other end of Garden Grove Boulevard, we find a significant rise in crime coincident with this expansion. 'l'be analyses snpp. oning these findinSs will be presented shortly. In our opinion, these seven adult businesses constitute a serious and significant public safc~y hazard. One aspect of this hazard is apparent in Table 2. During r. he 1981-90 decade, 610 Garden Grove Boule,~'d addressu bad one or more crimes.3s The seven adult business addresses accounted for 239 Personal, 594 Properly., and f38 Pan II crimes, however, so there $e~n ,,,:Mruse. r accounted for 10.5 percent of the Pan [ and 25.-~ percent of the Pan [1 crime on Garden Grove 9oulg'ard during the last decad,' Since this dispariw. could ocedr by chance alone less than one time in one hundred, the implied difference bexween these seven addresses and the 603 other Crarden Grove Boulevard addresses ~h one or more crimes is s,,tisfically significant. The second column of numbers in Table 2 are ranlu. 7'nese numbers tell the same story but born a different perspective. As shown, three of the top ten Part I crime 'hot spou' axe fgxtud at the adult business addtones. Five d the top t~n Pan LI crime "hot spots' axe fond at the utult ss Of course, most Garden Grove Boulevard addresses had no crimes during 1981- 90. Of these addresses with at least one crime. more than 55 percent had only one Consu|tants' Final Report - Page Table 2 - Reported Crimes for Adult Businesses Garden Grove Boulevard Only, 1981-1990 Address Bookstorer,/Peepshows Personal Property. Pan I N Rank N Rank N Rank Pan I1 N Rank 8192 Garden Grove 8502 Garden Grove 8743 Garden Grove 8745 Garden Grove 8751 Garden Grove 12061 Garden Grove 12686 Garden Grove 16 1,9 190 5 20~ 5 163 I 25 9 93 13 118 11 52 7 0 7 192 7 217 4 71 3 91 17 98 20 112 10 70 12 29 116 7 128 9 94 5 11 34 98 10 109 15 68 6 6 57 173 6 179 6 150 2 Bars/Taverns Address Personal Property Pan I Part H N Rank N Rank N Rank N Rank 8112 Garden Grove 8284 Garden Grove 8575 Garden Grove 8801 Garden Grove 8803 Garden Grove 1.7,045 Garden Gwve 12082 Garden Grove 12761 Garden Grove 12889 Garden Grove 41 1 94 12 135 8 22 17 13 23 35 50 50 40 4 69 28 7 84 16 112 13 35 11 10 46 38 47 48 41 14 31 21 13 56 28 77 23 20 20 25 8 59 25 85 20 19 23 33 4 87 15 120 9 43 9 1140 24 78 35 61 4 81 34 3 78 18 112 13 19 23 Consuit~nts' Final Report - Page 24 business addresses, but this may be expected. Of course, one can argue that the relationship is noncausal or spurious; that these businesses sLyply moved into a neighborhood that happened to already have a high crime rate. We test and reject this h)~othesis in the next section. For no~', we draw attention to the Bar/Tavern addresses in Table 2. If the alternati~.e h)-pothesis is that the Garden Grove l~oulevard neighborhoods had high crime rates before the se~'en adult businesses mo~.ed in. we would expect to these addresses to have high crime rates u well (more so given that alcohol is sewed at these addresseS). On the contras% however, we ~nd that these addresses have generally lower crime rates than the adult business addresses. W'nereas three of seven adult business addresses are in the top ten Part [ crime "hot spots," only two of nine bar/tavern addresses malce the top-ten list. In this sense, the seven adult business addresses on Garden Grm'e ]~oulcvard constitute se.rious, signihcant public safer7 hazards. Consultants' Final Report - Pa~e 25 V. Quasi.l:'xperimental Contrasts The address-specific crime counts in Table 2 are compelling evidence of the public safety hazard posed by the adult businesses on Garden Grove Boule~'ard. Simple court*e do not satisfy the criterion of scientitSc validity, however, for there are many noncausal explanations for any set of numbers. Validity requires that a change in the operation of an adult business be followed by a cha~ge in the crime rate near the business. If the before-after change proves smtistically sipSScant, validity, requires further that the same before-after change not be found in a suitable "control" area. Only after both criteria are satisfied can we ante in scientifically valid terms that an adult business poses a public safety hazard. The fa~ that the adult businesses on Garden Grove Boulev"dd have operated continually for the past deoade has had an impact on our ability to conduct proper bdore/after analyses. Ideally, nine should be e~ntrasted in a location b~fotea~d after an adult business opens. Although this is not literally poss~le, liven the r, enslrainl~ of time and dan, there were three major expansions of adult busi~e.~es at two existing lcx~tioas and analyses of these otang,'s confirm the pie-lure of them businesses painted by Table 2. Tee quasi-experimental contnsl.~ derived from tbese analyses are oudined in greater denil l~ere. 1) In March, 1982, the G~rdea o[F~e~ expanded from a single suite at 12061 Garden Grove Boulevard into the adjoining suites at 12063 and 12065 Con~ltants' Enai Report · Garden Grove Boulevard. change are: The before/afler and test/control contrasts for this One YEar B~fore One Y~tr After Test Site 200' 500' 1000' 200' .fO0' Personal Crb~e.v [ 14 28 43 IS 16 23 Proparry Crimes I0 46 &t 140 17 58 167 242 P,,~ II Cr~ 21 II 16 48 16 12 17 4S Control Site 200' ,f~7' 1(~00' 20(7' S00' 200(7' Personal Cr~e~ 0 I1 2.~ 33 I 9 23 39 ~o~' C~m~ 13 ~2 76 I41 12 Pa~ II C~m~ 15 ~ 27 65 ll ~ 29 62 CX.er the next year, Personal cr~nes within a 200-foot radius rose significantly compared to the preceding year.3z Aiso compared to the preceding year, Propert~ crimes v~thin a 1000 foot radius rose significantly. The effect of the expansion on Pan II crimes was mixed and largely insignificant. To control for the po~ibi|ity that thue effects were due to unrelated ex'trane~us variables, a "control' · · ~l~le v ~pe from the crime counts of the other six adult businesses. site was de el d mean Wh~e crime rose in the vicinity of the Garden ofP, den, however, me remained static at the *ccmtrol* site. Acccn'dingJy, we attrt'b=te the ~nercases in Pers~tal and Property crimes to the expansion of the adult busiaess. s: Hereafter, unless stated otherwise, a significant effect will imply a probabi]i~ of .01 or Consultana' Final Report - Page 2) In March, 1986, the Bi/ott opened at its present location, 8745 Oarden Grove Boulevard. $ince the Party. Hotae had been operating at 8751 Garden Grove Boulevard prior to this time, the opening of Bijou was in effect an expansion. The before/after and test/control contraszs for this change are: Test Site One Year Befon One Year Alter 200' 500' 7000' 200' 500' 2000' Perxonal Climes 2 T 2I 30 Proper~.. Crimex 3 19 94 116 Pan H Cffme~ 13 14 43 70 Cont~l Site 2~' 5~' 10~' PersonM C~mu 2 10 30 42 ~o~ C~mes 19 49 76 144 P~ ~I C~ Z4 13 ~ ~2 6 II 30 47 11 40 113 164 8 13 42 63 200' 500' 1000' 1 11 31 43 20 60 67 147 19 16 34 69 Over the hen year, both Personal and Property crimes rose significantly within a ~OO-foot radius. The effect on Pan II crimes was mixed and largely insignificant. Since no similar effect .was observed at a "control" site developed from the mean cr~me oount~ of four ot~er ulult buslnes.v~ t~e i~r~.~.s ~re &tu'~uted to the opening d the Bi/ou, 3) I2 AugGsL 1988, Lbe I/*utr. o Prr.,L.,w Rental Center c:rpened az 8743 Grove Boulevard. Since the Pnny Hogut and Bi/ou were already in opendon, this opening too is treated as an expansion. The before/after and test/control contrasts C,,nsul~nts' Final Report - Pale ~-~ for this change are: One Year Befor~ One Year After Tea Site 200' ..qO0' I000' 200' 500' 2000' Personal Crimcr 0 10 Proper~.' Orients 3 19 67 89 6 25 60 91 · Pan 11 Crimt.r 11 Contr'~l Site 200' 500' ZOO0' 200' 500' 1000' Personal Crimes 1 13 49 63 I I1 54 66 Proper~.' Crimes 5 22 74 I01 4 24 68 96 Pan//Cr/mcr 9 17 22 48 9,~ 13 ,7,0 61 In the follo,~'ing year. Personal crime rose significantly within a 500-foot radius, Proper~. crime rose significantly within a 200-foot radius, and Pan II crimes rose significantly within a 200-foot radius (which is to say, at the Pony. hrotae-Bi/ou- t,'uteo Prev~,w Renta/Center complex. No increases were observed at a "control" site developed from the mean crime counts of four other adul..t businesses. The eo~sis~nt pattern of offers in these ti=ee uses demonstrates that the adult buSinesseS a;'e indeed a public safe~ bs~rd as the data prer~nted in the precnding section suggest. Given the nature of the operational changes in these three casu, furthermore, it appean that any expansion of an adult business ]ave the same e~fP. ct. In light of the pottnlally large axu of the ]azard and the predatory nature of the crimes associated with the hazard, we recotumend that no new adult businesses be allowed to operate within 1000 feet of a residential area. Of course, virtually any increase in economic or social activip/might be Consultants' final Report - Page expected to produce some increase in crime (though perhaps .not so large an increase as was observed in these three cases). V/hen an increase in crime can be attributed to a specific economic or social activity, il is reasonable to expect the responsible parties to ~ake steps designed to ameliorate the problem. In one instance where an adult business acted to ameliorate a nuisance, however, the act had no impact on crime. 4) In September, 1988, the City installed a blockade in the alley immediately to the west of the ,,l~t (8502 Chzden C~rove Boulevard) to prevent 'cruising.' W'hile the blockade undoubtedly accomplished this intended purpose, there was no significant effect on Personal, Property, or Pan II crimes in the vicinity of the .4dzdL 'I=ne before/after contrasts for this change are: One Year Befnr~ One Year A/tar Tea Site 200' 500' 1000' 200' 500' 1000' Pe~onal CP, me, 2 13 26 41 2 ' I1 21 34 Property Cr/mes 3 19 67 89 6 25 60 91 Pan II C. rime$~ .. 11 13 16 40 34 I1 2S 70 A/though this simple zrchitectural device had no signifcant irapan on crim~, ~cre are undoubtedly many positive steps that an adult business can take to reduce crime i~ i~s v/~n/ty. Siaee to o;r knowledge, no meh ~ wer~ tai~en d~ri~g 1981-D90, we cannot speak with authority on the likely eff=ct/venea of the various Consultants' l:'ir~l Report - Pz~e 30 amelioration strazegies.~3 Nevertheless, we recommend that the City use its legitimate zoning authority to ensure that any new adult business ~,'ill have a minimum impact on crime in its vicinity. Beyond this recommendation, we find strong evidence to suggest that the public safety hazard posed by adult businesses on Garden Grove Boulevard is exacerbated by prox.hnity to a bar or uvern. This is based on two contrasts. 5) In April, 1985, a bar opened at 8112 Garden Grove Boulevard, approximately 425 feet ~om the ,4 to Z. The before/after and test/control contrasts for this change are: One Year Befor~ One Year After Test Site 200' 500' .~000' 20~' 500' 1000' Perxonal Crimes 0 1 12 13 2 8 35 4S Propera/Crimes 9 29 56 94 7 41 62 110 Part lI Crimes 4 2 7 13 2 9 11 22 Control Site 200' 500' 1000' 200' 500' I000' Per~onal"Crimet" 0 1 14 I$ 0 2 14 Ig Property Crimes ,I 12 4! 61 2 19 $1 72 Pan ti Or/rues 4 g 7 19 S 9 12 21 In the subsequent year, PeDonal crime within 10O0 feet rose significantly. ~s A similar architectural device was installed at the ,4 to Z (8192 Garden Grove Boulevard) in May, 1990. We have insufficient data to measure the effect of this intervention, however. Cansultants' FinsJ Report - Page A~though Propert7 crime also rose, the increase was not significant. No significant change was observed at a "control" site, so the increase in Personal crime v.~s attributed to proxim{t~ to the bar. Since analyses of crime 200, 500, and 1000 feet from 8112 Garden Grove Boulevard (the bar) show no comparable effect, the rise in Personal crime cannot be attributed to the bar alone. Rather, it must be due to an inte-action between the bar and the adult business. 6) In May, 1989, a bar closed at 12889 Garden Grove Boulevard, approximately 1075 feet from the HTp Pocket. ~he before/after and test/control contrasts for this change are: One Yur Before Test Site 200' NO0' 1000' Personal Cffmes 2 9 13 24 Propert>,. Crimes 4 15 29 48 Pan II Crfmes 13 22 g 43 Control Site 200' 500' 1000' Personal C,'~m~v 0 2 12 I4 P~openy Crimes $ II 39 S! Part H C,/mes ? S 7 22 One Year After 200' 500' 1000' 2 13 9 26 ~ 19 39 63 80 26 ~ 200' ~00' lO00' I I 14 3 13 44 60 In the subsequent year, no significant change wu observed either in Personal or Property crime; significance not withstanding the change was in the opposite direction of what was expected. Part II crimes within 200 feet of the Hip Pocket rose precipitously and significantly. No change was observed at a 'control' site. Consultants' final R. epon - Page Information from the Police Department suggests, however, that the increase in Part II crimes v-as the result of an unrelated enforcement campaign. Failure to find any significant effect in this case suggests that the interaction effect observed in the preceding case is limited to 1000 feet W'nile we strc~ng}). recommend that no new adult business be located within 1000 feet of a bar (and ~c~ ~'e~=), there is no evidence of interaczion at diszances exceeding 1000 feet. Consultants' final Report · Page 33 V/. Survey of Real Estate Professionals Following the research model of the L~I .~ma'y, an anal~is of real estate professionals was conducted to determine the prevailing professional opinion of the secondary' effects produced by presence of adult businesses.u The questionnaire inswament developed for this task distinguished between the effects on sing]e-family residential propert),', multiple-family residential property and commercial properly values. In addition, it asked for information on the ef:fects of adult businesses w/thin 200 feel within 200-500 feet and the effects of two or more adult businesses within these distances. Not only were the effects on properly, values determined but also, effects on other issues that litigation in this area has found important such u c'~ne, xraf~c, noise, safety of w~mefi and children, quxli~ of life. rents, loitering, and Ihe ability, to attract other businesses and customers were identified. In ~anual'y ~nd February, 1991, copies of the instrument were sent to the membersh/p list of the West Orange County Association of Realtors. Of the total 934 rarvrys sent out 30 w~r~ rentrned with incorrect addresser, The rema/ning sample d 924 resulted in a return d 141 conlpleted questionnaires. Of these l,$1, u See the Appendix for a copy of the questionnaire ins',rumcnt and a complete tabulation of responses, Consultant-$' Final Report - Pag~ 34 19 where eliminated benuse of response bias.is The final analysis is based on 122 valid responses)4 The overall sample was very experienced in real estate, with 12.5 of years experience on average. This group of real estate professionals was yen/ knowledgeable about Garden Grove real estate, with a mean experience in Garden Grove real estate of 10.1 years. The ove~,'helming majori~/of respondeats (94.3c~) also said that they had an opinion on the impact of adult businesses on the community. The first set of items in our survey elicited opinions pertaining to the impact on property values by adult businesses. When adult businesses are located within ,~00 feet of a residential or commercial property the overwhelming opinion is that proper~ values w~ll be subsunt~ally dscrea,~d: ~ Throug~o~; the questionnaire, various questions were worded in either a negative or positive fashion. 'This is done to eliminate respondeats that merely circle one response, such as szronlly qree, to aH questions. The assumption is that a respondeat who is answering the queszioanzire in a responsible fashion wauld not stronlly aztec with both a netsfive assessment of adult businesses sad a positive assessment of adult businesses. s This gives a response ate of 12~.,/V24 or I3.2~. This is somewhat lower than the response rate for the L4 .~tudy of 81/400 or 20~ (p. 38). However, that report makes no mention of correction for response bias. If the 19 returned questionnaires that were eliminated for response bias had been included in the analysis, the response rate would have been 141/924 or 15.3~, Censuttanu' Final Report - Page Decre~e No Effect lncrea~e Single-family 97.5% 2.5% 0.0% Multiple-family 95.0% 5.0% 0.0% Commercial 81.5% 15.1% 3.3% When adult businesses are located more than 200 feet but lea than 500 feet of a residential or commercial property, the effect diminishes only slightly:. Delete No E~ea ~e~e Single-family 95.1% 4.9% Multiple-family 92.5e/c 6.7% 0.Se~ Commercial 77.5% 20.0% The difference ben~'een 200 and 500 feet is insignificant Otherwise, the strongest impact occurs for single-family residences with a mailer (though still extremely large and significant) impact on commercial properly. The density of adult businesses is also considered to have a negative impact on property values. When two adult businesses are Ioe. ated within 1000 feet of each other and within 200 to 500 feet of a property, values are expected to diminish signi~cantly: De~,,,,e No E~ea Zru:re~sc Single-family 89.3% 9.8% Multiple-family 86.8% 12.2% 0.8% Commercial 71.9% 27.3% Density impacts are judged to be sligh~y smaller than the impacts of location per Consultants' Final Repor~ - Page se. The densi~, irnpacu on proper~. value are large and significant nevertheless and support a densit), retaliation. For location and density alike, the overall pattern is clear. The vast majori~ of real estate professionals associate location of an adult business decreased property values for single-family residential, multiple-family residential and commercial property.. Clearly, these data indicate the presence of an adult business creates the secondary effect of decreased proper~.' values. A second set of items elicited opinions on the iraFact of adult busi=esses on residential neighborhood qualities. A majorit]:' of respondents felt that locating an adult business within 200 feet of a residential area would result in increased crime traffic, litter, loitering and noise; and decreased safety for women and children. quali~ of life, and rents. Specific responses were: ~cre~e No E~ea Delete Crim~: 93.1% 6.0% 0.9% T~c 97.4% 1.7% 0.9% Liiler 86.2% 12.1% 1.8% Nois~ 72~4% 24.1% 3.6% Safety 27.4% 10.6% 61.9% Quality of Life 18.4% 6.1% 7.~.4% Ren~ 8.0% 10.6% 81.4~ /.oitering 855% 5.1% 9.4% When asked about problems in relation to commercial properties, the vast majorin,. of respondents blamed adult businesses for the same problems cited for residential Consultants' Final Report - Page properties and, also, for decreases in quailW of business environment, commercial renis, abili~ to attract new businesses, and ability of non-adult businca,Ms to attract customers, Specifically: Increase No Effect Decrease Crime 88.7% 9.6% -. 1.7% Traffic 76.7% 20.7% Litter 83.1% 15.7% 0.9% Noise 67.0% 29.5% Safety 23.2% 1.!5% 64..2% Business Environment 11.5% 6..~% 81.2% Commercial Rents 8.4% 15.9% Loitering 77.0% 8.0% 15.0% Attract Businesses 7.9% 3.1% 88.5% Attract Customers 8.8~ 7.0% 84.3~ This general response pattern is essentially duplicated when respondents are asked about the impact of locating two or more adult businesses within I000 feet of each other and within 200 feet of a residential or commercial areas- These findings are consistent with other studies addressing the negative .-.. impact associated with Ibe location of adult businesses? Closer analysis of respo~e patterns reveals that respondents who felt adult businesses prcxiuce a decrease in property values also are likely to respond that these businesses have a negative effect on · neighborizoed- One c~ the sa~mF-s't ass=clarions was between decreased property values and increased crime. This is consistent with our analysis See for ezample the/,.4 Report. Consultants' Final Repor~ · Page 38 of the crime dam. The data ~om this survey clearly indicates that real estate professionals feel that adult businesses are associated with decre~ed pro9er~y values and decreased quality of neighborhood for both residential and commercial areas- Connzl~nts' Final Report - Pa~e V'[L Household Survey Results T~e final component of this research project was a survey of Garden Grove households to assess citizen perceptions of the issues. Toward this end, we first developed a questionnaire instrument based on instruments used in prior research but modified to reflect the particular circumstances of Garden Grove...~'ter field- testing an early version of the instrument on a random sample of Santa Ann telephone households in March and Apr~ 1991. a re~ned ~nal version of the instrument was then administered to a stratified "random" sample of Garden Grove telephone households in the summer of 1991.~ To ensure that the sample included households in the prcr~mity of problem areas, the total sample of included 200 addresses located within 1.~00 feet of an adult business. We rannot therefore generalize our results to the larger population without applying a set of sample weights. As it turns ouL however, the survey results Ire so nearly unanimous tha! t.h. lre is no need for complicated statistics. Interviews were concluded by Garden Grove Police Deparnnent cadets, the Consultana, and their research as~mnts. Standard sarvey resents'it com,entions were observed and independent audits were used to maintain the reliability and validi~ of responses. By l~bor Day, 1991, each of the 2~0 households in the ~ A copy of the final version of this instrument and tabulated response frequencies are found in the Appendix. Consultants' Final Report - Page 40 sample had either been contacted (with a completed intcn'~ew or a refusal) or ruled out of the sample? 'me final breakdown of the sample by interdew sutus Completed 115 47.2/% 80.3c~ Refused 29 11.6/% 19.7% Language 20 No A~swer 42 16.8~ Invalid 41 16.4~ Total 2~0 100.0/% 100.0/% Non-English speaking households could not be inten'iewed and this is unformnale. Nevertheleu, the number of completed interviews (118) and the completion rate (80.5%) of this surve~ (SOjc~) exceed the numbers realized in household surv~s conducted in other cities. Accordingly, we believe that our results present the most accurate available picture of attitudes toward adult businesses. Genera/Perceptions of the Problem. The general public perceives the adult businesses on Garden Grove Boulevard as a serious problem that has a real impact on da~y life, W'nile I~rccplio~s of the nature of t, his problem ~ry somewhat. vimally evep/one polled anociates these businesses with one or more negative stoPhone number were ruled out for any of three reasons: (1) the number wa~ not located in Garden Grove; (2) the number was a business; or (3) no one at the number spoke English. Consult-his' Final Pepon - Page 4l aspects of urban life. Exceptions to this rule are rare and the intensity of the feeling is 2reaxesx in. nei2hborbcod nearer G~rden (~rove Boulevard. Each interview began by asking the respondent w estimate the distance fi'om his or her house to the nearest adult business. 'l'ne breakdown of responses in the sample of completed interviews was: 200 Fee~/l Block 12 9.8~ 6.9% ~00 Feet/2 Blocks 17 14.4~j~ 4.9% 1000 Feet/3+ Blocks 54 45.8~ 65.1% Don't Know 35 2.9.7~, The accuracy of these subjective estimates was checked by asking the respondent to name (or at least, to de~ribe) the adult business nearest their home. In a subset of clze~ we were also able to measgre the d/stance .objectively. Fr~n these data, it is clear that people are quite aware of haw near or far away they live these businesses. We n~?,,a~red respondents to assess the impact that an adult enteruinment business located in their neighborhood would have on series of 'social problems.' I m going to ask a series d questions concerning wimt the :-.,~,da d an adult enterre/inherit business has, or would have,/f it were located w~thin 500 feet of your neighborhood. Please tell me if the impact would be a substantial increase, some increase, no effect, some decrease or a substantial decrease. Consultants' Final Report - Page 41 Responses to this series of questions reveal a consistent perception of the impact of adult businesses on the pan of citizens. Broken down into three catelories: ~e~e No Effea Delete Crime T2.9% 27.1% 0.0% Traffic (K}.7~ 38.5~ Utter 66.7~ 32.5% Noise 62.1% 36.2% Safety 31.9~ 20.7~ 47.5~ Quality of Life 16.3% 23,9% 59.g~b Property Values 14.~c~ lJ.4% 70. I~ Rents I~.7c~ 38.9% 45.3% Loitering 74.3% 2.7.~.% Oraffiti .~6.6c~ 41.7~ 1.7~, Vandalism 6.~.5~ 32.8~ 1.7% Respondenu were asked if they knew of any $pec~'~: incidents related to adult entertainment businesses in their ncighborbc~xls. Twenty-five rnspondents (21.4%) answered affirmatively, citing specific enmples of the 11 gen;ral problem areas covered in the sun,.ey insmzment. Not surprisingly, most of these rnspondenu lived relatively near an idult business. Fmsl~, to measure the depth o~ public sentiment, respon,~,'nts were asked whether they would move i~ an adult entertainment business were to move into their neif, hbar/aaad. Seventy-ann rupcmdems (61.296) indiated tim they wauld ('definitely' or 'probably") move. Of the minority (38.8~) who indicated that they would ("definitely' or 'probably') mx move, nearly half qualified their answers by Consult-nts' Finil Report - Ptge 43 explaiuing that financial considerations precluded a move for any reason. Attit,,du on Regulaaon. With an exception to be noted. the public belie~.s that the City should regulate adult businesses. One hundred respondeats believe that the City should regulate the location of adult businesses. Despi2 the apparent lai. rsez loire implications of the minority opinion, however, only one respondeat (0.9c~} believed that adult businesses should he allowed to operate in residential neighborhoods. Though perhaps disagreeing on the nature and cueat of regulation then, even the mest ardent cr~onenu of regulation seem to npptn't some .type of regulation. A ~erins of questions designed to measure support for and/or opposition to various approaches to regulation reveal a remarkable depth of support for aH t~es of regulation. Regulatory initiatives de.signed to protect the integrity o~ resid,-utial life. for example. garner nearly unanimous support from every element of the communi~': Would you support a law that prnh~ited the establishment of an adult entertainment. business within .~00 feet of · residential area, zhool or church?." Su' nlly Support 92 Support 13 11.0~ ll.09E Neutral 4 3.4gl, 3.4c~ Oppose Sereugly Oppose 3 Regulator), initiatives designed to reduce the density of adult businesses, on the Consul~.nu' ~! Reperz - FiEe 44 Regulatory initiatives designed to reduce the density of adult businesses, on the other hand, whge not nearly so popular. are supported by a siBnificanz majority of citizens. Wou]d you support a law that prohibited the concentration of adult entertainment businesses within 1000 feet of each other? Strongly Support $2 --. 1 44.4 Suppor~ 21 17.8 17.9 Neuu'al 16 13.6 13.7 Oppose 22 18.6 18.8 Strongly Oppose 6 5.1 It should be noted, furthermore, that some of the respondenu who oppose densin.' regulations do so because they oppose any initiative short of proh~ition. Group Differencu. Due to the overwhelming degree d support for ah=ost a~ regulatory initiative and, also, due to the relatively small sample size, few group differences ate statist/cally significant. Home ownership and Bender ue exceptio'~s. tn-g;tferak home owners are more likely than reuters and women are more likely than men to endorse any regulatory initiative. These differences are etpeeted, of e~rse, but · ~refal ezamintion of response patterns re/eats · osrious difference. When asked whether the City ~ould regulate the locations of adult businener, for -eumple, home owners and women aloe e~'press stronger support for regulation than their complemen~nry groups. Specifically, ConsulUnLs' Finz. i Report - Page 46 This divergence reflects a salient difference in the way home owners and women calculate costs and benefits. In the unstructured portions of the interviews, many home c~'ners expressed feelings of resignation. One respondeat who had lived in the vicinity of an adult business for more than thirty years, for example, told us that the social and economic costs of moving to another neighborhood precluded this option; and in any event, there would no g~arantee that adult businesses would not eventually move into the new neighborhood. On the other hand, many women respondeats expres.~d overwhelming fear for their safety and the safety of their children. One woman respondeat with three young children told us that she had already m~ved because one of her ch~dren had been harassed by a man who she believed was a customer of an adult business. Although her new apar~neot ~'zs smaller and more ez!aenstve, she believed thzt the mc~e was absolutely necessary for the safety o{ her children, Anecdotal data of this son are not amenable to statistical anallais, Nevertheless. these data prt~vide a context for interpreting ihe o'Ujective item responses of our survey. Consultants' Final Report - Page 45 Own Rent Women Men Regulate Y~ 74 24 98 ~7 42 99 Regulate Azo 7 10 I? 6 11 17 81 34 11S 63 S3 116 Both differences (owners ~x. reuters and women ~. men) are statistically significant, This common factor helps define the nail minority (14_~c~) of respondenu who feel that the City should not regulate adult businesses at all.'° Asked if they would move if an adult business were to open in their neighborhoud. on the other hand, home owners and women diverge slightly:. 0~ Rent Women Men Move Yes 52 17 69 43 27 70 Move No 28 17 45 20 25 45 80 34 114 63 S2 I1S While home owners are more likely (~. renters) to say that they would move out of their neighborhoods Lo avoid an adult busines~ the dif:fer;nce is not statistica.tly significant In ~ccn~tran, the difference for women (~x. men) is quite significant, ,o Responden~s who czpr,,,ned the oi~xion that the City shotrid not regulate adult businesses tend to be younger (76.3c~ under 43) men (64.7c~) who rent More important. perhaps, these respcndenu tend to Live relativeb/far away fi'om adult businesses CY6.3~ at least three blocks away) and to live in households with no children (70.6~). Several of these re.~pondents volunteered that they were "h'berurians." Of course, many of the respondcuts who initially told us that they opposed any regulation later expressed the opinion that adult buisnesses should not be allowed to locate near residential neighborhoods. ConsulLan~s' F'lnaJ Pepon - Page 47 VIII. Conclusions The data and analyses reporxed in this document make a clur. compelling statement about the secondary consequences of the adult entertainment businesses along Garden Grove Boulevard. In terms of properxy values alone, the survey of real estate professionals leads to the unambig~ous conclusion that the mere presence of these businesses depresses residential and commercial property values. Whx'le the effect on commercial property values is problematic, the effect on residential property values argues for sxrict regulations governing the distance of adult businesses from residential neighborhoods. In commercial zones, moreover, the consistent opinions of real estate professionals suggest that high density ais~ depresses cmnmercial property values. This argues for sn-ic[r~gulations governing the distances between adult businesses- A separate survey of Garden Grove households is ~lly consistent with the responses of rell estate professionals. Put simply, these businesses have a real impact on the daily lives of their neighbors. By all measures, respondeats living nest ~ne d these bxtsinenes are aware d the presen~ d the bnsinesr~s nd hsve a p,,,~,,istie (but apparently realistic) view of their impact on the neighborhood. Whereas public hearings might lead one to con~Jude that actual incidents involving these businesses are rare, our suxvey results show the opposite; five re. spondent$ reported a spedfit incident related to the operation of adult Cnnsultants' Final Report - Page btuin~,~&r, This experience leads to strong public support for regulation. Nine of ten respondeats endorse re,relations that prohibit adult businesses from opentin[ near residential neighborhoods; nearly two-thirds endorse regulations that prohibit the geographical concentration of adult businesses. Although these two surveys may represent subjective opinion, their results are consistent with objective analyses of crime data. Comparing temporal crime rates before and after changes in the operation of adult businesses, we find strong evidence of a pub!~ safety hazard. The subj~-tive imlm'eniona of Garden C}r~ve residents and real estate professionals have an empirical basis, in other word. Given the seriousness nature of this public safety hazard, we recommend that · No ne~' adult business~ should be M/owed to operate v~ithin 1000 feet of We find a significant interaction effect between the adult burneases and taverns or bars- W~.en .an, a..d, ult business opens within 1000 feet of a tavern or bar, crime rates rise by a factor that cannot be attributed to either business alone. Accordinily, w~ r~c~mm-mt that · None~,mv~m o~barsiumid ~ ~ ~ool~r~' ~ lO00f,-~ of=n Since the adult businesses on Garden Grove Boulevard (or more precisely, their loc.~N) were in operation prior to the advent of our data, we find no optimum Consultants' final Report - Paw 49 or ideal distance between locations that would ameliorate the public safety hazard. Accordingly, we recommend that · The present spacing code between adult b~ui~u~u should be maintaine~L Recognizing the legal and practical difficulties of changing the existing operations, furthermore, we have no recommendations for the existing ope~tions. Although we find no evidence that the public safety hazard can be ameliorated by simple azhit*ctm~l b~-riers (walls, ~), the b---~l could conceivably be minimized by regulations such u limiting the hours of operation, special lighting, and so forth. Toward this end, we recommend that · ~Vhere feasible, the Cot~itional Uxe PermR process shauld be used to ameliorate the public strfety hazaz~ For aprirrtal effectiver~; the Police Department must be j~d~y involved in every aspect of this proce.~ There is a tendency to view adult entertainment businusu as 'moral nuisances' when, in fact, the date show that they are public safety "hot spots.' Adopting this view, it may be useful to enact policies designed to ensure the safety of customers and neighboa. The Garden Grov~ Police Deparunent is ideally suited to advise on the range o~ policy options that might be implemented. A final recommendation pertains to public involvement in the ~,,,~,r_~ The resulU of our household survey reveal strong sentiments favoring any attempt to ameliorate the secondary consequences of this problem. Nevertheler~ we detect a Consul~nts' ~inal Report - Pap 50 spirit of cynicism in the responses of citizens who live in the midst of the problem. For example, the weaker public support for density regulation (v~. regulating the distance born · residential neighborhood) reflects in pan a draconian view of the problem; more than a few of the respondenL~ who ex'pressed litde or no suppon for this regulation did so on the grounds that the businessu should not be allowed to operate anywhere in the City. It would not be entirely correct to attribute this v~ew to moral or moralistic aztinades. In many cases, respondcuts related personal experiences and fears that make these v~ews underr, andab]e. Public support for any practial regulation may require a process that addreues the experiences and fears of these citizens, Unfortunately, we have no expertise (or even specific insights) to suggest how this might be accomplished, APPENDIX Real ~smte Surrey Frequencies Hou~hold Survey Frequencies Real ~state Instrument Household Instrument Proposed Statute Consultants' Final Report Rui I~stnte Professionals Sun'ey Response Tabulations Based on your personal observations as a real esTJte professional, or on information received through the practice of your profession, do you have an opinion as to whether the presence of an adult bookstore affect~ the resale or rental values of nearby properties7 Yes 115 94.3 9-1.3 No 6 4.9 Missing 1 .8 .8 How many years have you practiced in the real es;ate profession? 5 Years or Less 36 29.5 29.5 6-10 Year~ 16 13.1 13.1 11-25 Years 60 49.2 49.'~ ~ Years or More I0 8~Z 8.2 How many years have you practiced real estate in the Garden Grove area? 5 Years or Less 47 38.5 38.5 6-10 Years 19 15.6 15.6 11-~..~ Years 51 41.8 41.8 ~ Years or More 3 ?,4 4.1 Missing 2 1.6 Bued on your professional experience. how would you exp~t average values of the following 13~pes of propert~ to be effected if they are less than 200 feet away from the new adult bookstore? .._Single-family residential 20~ Decrease 76 62,3 6?,8 10-20% Decrease ?./ 23,0 23.1 0..10~ Decrease 14 ll.,S 11.6 No FJ~rect 3 ?.J ?*5 Miuing 1 .8 Consultants' final Report - A4 How would you ex]:ect the average values to be affeczed if the properties are within 200 to .~00 feet of the adult bookstore7 ...Single-fataLly residential 20% Decrease 65 53,3 55.1 10-20% Decrease 29 23.8 24.6 0-10c~ Decrease 15 12.3 12.7 No F. ffect 8 6.6 6.8 0-I0~, Increase 1 .8 .8 Missing 4 ...Single-family residential 2{)~ Decrease 42 34.4 10-20% Decrease 41 33.6 34j 0-10~ Decrease 2~ 2,0.5 21.0 No F~ect 10 8.7. 8.4 0-10~ Increase 1 .8 .8 Miuing 3 ...Commercial 20% Decrease 25 ~D.J 21.4 10-20c~ Decrease 40 32.8 34.2 0-10c~ Decreau 2~ ~J~.J 21.4 No ~ ~ 18.9 I~.7 ~10~ ln~eue 4 3~ 3.4 M~inl % 5 4.1 Based upon your professional experience, bow would you evaluate the impact of locating an adult bookstore within 200 feet of an area on the following probl-,,,e. if the area is residential? Substantial Increase ~9 48.4 50.9 Some Increase 49 40.2 42.2 No t:~ect 7 5.7 6.0 Some Decrease I .8 .9 Miuing 6 4.9 Conrdltants, Rnal Report ...Traffic Substantial Increase Some Increase No Effect Some Decrease Substandal Decrease Missing 28 ~3 26 2 ] 5 23.0 49.2 21.3 1.6 .8 4.1 23.9 51.3 22.,2 1.7 .9 ...Litter Substantial Increase Some Increase No F~ea Some Decrease Substantial Decrease Mining 14 1 I 6 42.6 39.3 ll,S -8 .8 4.9 44.8 41.4 12.1 .g .9 ...Noise Subrandal Increase Some Increase No Effect Some Decrease Subrtantial Decrease Missing Subszanfiai Increase Some Incaease No Effect Some Decrease Subszantial Decrease Missing 35 46 27 3 l 10 24 7 12 24 46 9 2~.7 37.7 22.1 .8 8.2 19.7 9.8 19.7 3?.7 7.4 31.3 41.1 24.1 2.7 .9 21.2 6.2 10.6 21.2 40.7 Consultants, Final Report - A6 ...Quality of life Substantial Increase 14 11.5 12.3 Some Increase 7 5.7 6.1 No Effect 7 5.7 6.1 Some Decrease 39 32.0 34.2 Substantial Decrease 47 38.5 41.2 Missing 8 6.6 ...Rents Substantial Increase 3 2.5 Some Increase 6 4.9 No Effect 12 9.8 10.6 Some Decrease 51 41.8 45.1 Subs~ntial Decrease 4! 33.6 36.3 Missing 9 7.4 ---Loitering Substantial Increase 60 49.2 51.3 Some Increase 40 32.8 34.2 No Effect 6 4.9 5.1 Some Decrease 3 Substantial Decrease 8 6.6 6.8 Missing 5 4.1 Based upon your professional erper~ence, how would you evaluate the impact of locating an adult booknote within 2~ feet of an area on the following problems, if the area is commercial? ~ " Substantial Increase 45 36.9 39,1 Some Incruse ~'7 46.7 49.6 No F, flea I l 9.0 9.6 Substantial Deerelse 2 1.6 1.7 Missing 7 5.7 Consultants' Final Report - A7 ...Traffic Substantial Increase Some Increase No Effect Some Decrease Substantial Decrease Missing ...Z~ner Substantial Increase Some Increase No Effect Substantial Decrease ...Noise Substantial Increase Some Increase No Effect Some Decrease Substant~l Decrease Missing ...Safety Substantial Increase No Effect Some Decrease _Qual/ty of business environment Substantial Increase Some Increase · No Effect Some Decnase Substantial Decrease Missing 24 24 1 2 6 36 60 18 1 7 27 48 33 3 I 10 16 10 14 36 36 10 6 8 7 38 10 19.7 ~3.3 19.7 -.8 1.6 4.9 29,5 49.2 14.8 .8 22,1 39_*3 27.0 2~ .8 8.2 13.1 8.2 11.5 29.~ ?..9~ 4.9 6.6 43.4 31.1 8-2 20.7 56.0 20.7 .9 1.7 31.3 52"2 15.7 .9 24.1 42.9 29.5 2.7 .9 14.3 8.9 12"~ 32.1 32.1 7.1 47.3 33.9 Consultants' Final Report - A8 ...Commercial rents Substantial Increase 3 2.5 2.8 Some Incre-s~ 6 4.9 5.6 No l~ffe~t , 17 13.9 15.9 Some Decrease 58 47.5 54.2 Substantial Decrease 23 18.9 21_~ Missing 15 12_3 ...Loitering Substantial Increase 41 33.6 36.3 Some Increase 46 37.7 40.7 No Effect 9 7.4 8.0 Some Decrease 11 9.0 9.7 Substantial Decrease 6 4.9 5.2, Missing g 7.4 ,,,Ability to attract new businesses Substantial Increase 4 3,3 3.5 Some Increase 5 4.1 4,4 No Effect 4 33 3.3 Some Decrease 39 32.0 34.5 Substantial Decreue 61 50.0 54.0 Missing 9 7.4 ...Ab~ity to am'a~ czmamers Substantial Increase 6 4.9 5-3 Some rhcrease 4 3..3 3.5 No He4:: 8 6.6 7.0 Some Decrease 37 30.3 Substantial Decrease 59 48.4 51.8 Mining 8 6.6 Based ou your professional exl~erience, how would you evaluate the impact of locating two or more bookstores within 1000 feet of each other and witilia 200 feet of an area on the following problems if the area/s residential? Consultants' Final Report - ~9 Substantial Increase Some [ncreue No Effect ' Substantial Decrease ...Traffic Substantial Increase Some Increase No Effect Substantial Decrease ]VUssing ...Litter Substantial Increase Some Increase No Effect Substantial Decrease Missing ...Noise Substantial Increase Some Increue · .No Effect, Some 'DecTease Substantial Decrease Missing ~ely Substantial lnnztr~ Some Increase No Effect Some Decrease Substantial Decrease Missing 37 4 1 43 6O 14 2 3 63 46 8 2 3 48 46 17 2 3 6 22 10 7 24 61..~ 30.3 3.3 .8 4.1 35,2 49.2 11.5 1.6 2~ 51.6 37.7 6.6 1.6 2~ ~9.3 37.7 13.9 1.6 2~ 4.9 18.0 8.2 &7 19.7 44.3 4.1 64.1 31.6 3.4 .9 36.1 50.4 11.8 1.7 522229 38.7 6.7 1.7 41.4 39.7 14.7 1.7 '?..6 18.8 83 6.0 20.5 46.2 ConsuIf,nts' ~nal Report - A]O ...Quality of life Substantial Increase 10 8.2. Some l.n,'rease 2 1.6 1.7 No F. ffect 6 4.9 5.1 Some Decrease 30 54.6 Substantial Decrease 69 56.6 59.0 Missing 5 4.1 ...Renu Substantial Increase 5 4.1 4.4 Some Increase 5 4.1 4.4 No F. ffect 7 5.7 6.1 Some Decrea.~ 45 36.9 39.5 Substantial Decreas~ 52 42.6 45.6 Mi~ing 8 6.6 ...I.oitering Substantial Increase 62 50.8 53.4 Some Increase 37 30.3 31.9 No l=ffect 5 4.1 4.3 Some Decrease ~ 4.9 5.2 Substantial Decrease 6 -4.9 5.2 Mi~ing 6 4.9 Based on your professional experience, how would you evaluate the impact of locating t~'o or more bookstorrr%'~ithin 1000 feet of each other and within 200 feet of an area on the following problems if the area is commercial? Substantial Inause :~3 43,4 44,2 Some Increase 59 /8,4 49.2 No F, flea 6 4,9 Substantial Decrease 2 1.6 1.7 Missing 2 1.6 Consu|tants, ~na| Report. --.Traffic Substantial Increase Some Increue No Effect Some Decrease Substantial Decrease Mining 33 62 22 2 l 2 ...Liner Substantial Increase Some Increase No Effect Some Decreue Substantial Decrease Mining 12 1 1 ...Noise Substantial Increase Some Increase No Effect Substantial Decreas~ Mining 39 48 29 2 4 ...Safe~ Subszantial Increase Some Increase Some Decrease Substantial Decrear~ Mining 17 8 12 38 44 3 _Quality oE busineu environment Substantial Increase Some Increase No F.~ect Some Decrease Substantial Decrease Mining 3 8 47 53 6 27.0 ~0.8 18.0 .8 1.6 41.0 43.4 9.8 .8 .S 4.1 32,0 39.3 23.8 3.3 13.9 9.8 31.1 36,1 2.5 4.1 2.5 6.6 38.5 43.4 4.9 27.5 -~1.7 18.3 1.7 .8 42.7 45.3 10.3 .9 .9 33.1 40.7 24.6 1.7 14.3 6.7 10.1 31.9 37.0 4.3 6.9 40.5 45.7 Consultants' Final Report ...Commercial rents Substantial Increase 6 4.9 5.4 Some Increase 9 7.4 8.1 No F, flea 13 10.7 11.7 Some Decrease 39 3?_0 35.1 Substantial *Decrease 4,4 36,1 39,6 Missing 11 9.0 ...Loitering Substandal Increase 49 40.2 42.6 Some Increase 45 36.9 39.1 No Effec~ 5 4.1 4.3 Some Decrease 8 6.6 7.0 Substantial Decrease 8 6.6 7.0 Missing 7 ..Ability to attract new businesses Substantial Increase 4 3.3 3.5 Some Increase 4 3.3 3.5 No Effect 7 5.7 6.1 Some Deercue 43 35,7. 37.7 Substantial Decrease 56 45.9 49.1 Mining 8 6.6 ...Ability to anna customers Substantial Increase 7 5.7 5.9 , .Some ln~ease 3 ?..5 2,5 No l~ea 10 8.2 85 Some Decease 38 31.1 Subsm,,tial De~'zase 60 49.2 50.8 Miiilng 4 3.3 Would you mind i~we ~.~L,aed yen in the ~mre rega,-ding ytmr reslxmses to these survey questions? No 63 51.6 643 Yes 26 21.3 26.5 Missing 33 78.1 Consultants' Final Report - Household Survey Response Tabulations To the best of your knowlcge, how cios~ is the nearest adult eoterntinznent establ~sllment? bookstore or ~dult 200 Feet 6 3.1 300 Feel 2 1.7 1.7 1(300 Feet 8 6.8 6.8 I Block 6 3.1 2 Blocks 1,q 1Z7 12.7 3+ Blocks 45 39.0 39.0 Dca't Know 33 29.7 29.7 I am going to ask a series of quesxions concerning what the impac~ of an adult enteruimnent business has or would have i~ it were l,~.,ted ~ixkin 500 feet of your neighborhood. Please tell me if the impact would be a substantial increase, some increase, no effecx~ some decrease, or a substantial decrease. ...CHme Substantial Increase 55 46.6 46.6 Some Increase 31 26.3 26.3 No Effect 32 27.1 27.1 Some Decrease Substantial Decrease ...Tra~c Substantial Increase 42 33.6 33.9 Some lnr, ease 29 24.6 24.8 No Effect 45 38,1 38.3 Stone Decrease 1 ,8 .9 Subsuntiil Decrease Missing I .8 Substantial Increue 43 36.4 36.8 Some Increase 33 ,.29.7 29.9 No Effect 38 32.2 32.3 Some Decrease I .8 .9 Substantial Decrease Missing 1 .8 Consultants' Final Report ... Rents Substantial Increase 12 10.2 I1.1 S~me Inuea.~ 5 4.2 4.6 No Effect. 42 35.6 38.9 Some Decrease 17 14.4 15.7 Substantial Decrease 32 27.1 29.6 Missing 10 8J ... Loitering Subsiantia] Increase 68 57.6 58.1 Some Increase 19 16.1 16.2 No Effect 26 210 22.2 Some Deercue 3 Substantial Decrease 1 ,8 .g Missing 1 .8 ... Graffifi Substantial Increase 44 37.3 38.3 Some Increase 21 17,8 18,3 No Effect 48 40.7 41.7 Some Decrease 2 1.7 1.7 Substantial Decrease M/ssing 3 ... Vandalism Substalptfal Increase J3 44.9 45.7 Some Increase 23 19.5 19,8 No F,~ect 38 32,2 32,8 Same Decrease 2 1,7 1,7 Subsandal Decrease M~--~-S 2 1.7 Would y~ mav~ if an adult entertainment I~s~neu v~re located near y~mr neighborhood7 Definitely Move 36 30.f 31.0 Probably Move 3,S 29.7 30.2 Probably not Move 28 23.7 24.1 Definitely not Move 17 14,4 14.7 Missing 2 1.7 Consultants' final Report - AI4 ... Noise Subszant~zl Increase Some Increase No Effect Some Decrease Substantial Decrease Missing ... Safety Substantial Increase Some Increase No Effec% Some Decrease Substantial Decrease Missing · .. General Quality of Life Substantial Increase Some Increase No Effect Some Decrease Substantial Decrease · ... Pr~.ny Values Substantial Increase Some hcrease NoEffect Sane Decrease Substantial Decrease MisshI 40 32 42 '1 1 2 12 24 9 46 2 14 28 18 1 9 8 18 23 59 1 33.9 27.1 35.6 .8 .8 1.7 21=7. 10.2 203 39.0 1.7 11.9 42 23.7 15.3 44.1 .8 7.6 6.8 19.5 -~0.0 .8 34.5 27.6 36.2 .9 .9 21.6 20.7 7.8 39.7 12.0 4.3 23.9 15.4 44.4 7.7 6.8 15.4 19.7 50.4 Consultants' Final Report - A]6 Do you believe the City should regulate the location of adult businesses? No 17 14.4 14.5 Yes 100 84.7 8,~.5 Miuing 1 .8 The courts have ruled that cities must provide a place for adult businesses to operate. How far away ~rom your neighborhood would these businesses have to be to have a negligible effect on your neighborhood? 500 Feet 4 3.4 3.4 10O0 Feet 10 8J 8.6 1 Block 3 2~ 3+ Blocks 89 75.4 76.7 Farther 10 8.~ 8.6 Missing 2 1.7 In what zone do you think these tTpes of business should be allowed? Residential 1 .8 .9 Commercial 44 37.3 37.6 Industrial 68 57.6 58.1 None 4 3.4 3.4 Missing 1 .8 Would you support a law that prohibited the establishment of an adult entertainment business within 500 feet of a residential area, school or church2 Strongly Support 92 78.0 78.0 Suppc~".- 13 I 1.0 11.0 Neutral 4 3.4 3.4 Oppos~ 6 5.1 5.1 s=onr,17 oppose 3 2.s Would 3~m suFport a law that prohibited the concentration of adult entertainment businesses w~h~- 1003 feet of each other? Suongly Support 52 44.1 44.4 Support 21 17.8 17.9 Neutral 16 13.6 13.7 Oppose 22 18.6 18.8 Strongly Oppose 6 5.1 5.1 M/ssing I .8 Consui~nts' final Report - A17 Are you aware of any specific incidents related to adult entertainment businesses in your neighborhood? No g2 78.0 ?8.6 Yes 25 Zl.2 21.4 Missin/ 1 .8 Do you ow~ your home or do you rent? Owner 82 69.5 70.7 Reater 34 28.8 29.3 Missing 2 1.7 How long have you lived at your current residence? One Year or Less Four Years or Less Ten Years or Less More than Ten Years Missing 9 7.6 7.7 26 22.0 22.2 30 25.4 25.6 52 44.1 44.4 1 .8 What is your sex? Female Male Missing What is your age? 36 thru 45 6a et Older 64 _~4.2 53 44.9 1 .8 54.7 45.3 6 ~.1 5.5 32 27. 1 29. 1 26 22.0 23.6 34 28.8 30.9 12 10.2 10.9 8 6.8 CITY OF GARDEN GROVE ADULT BUSINESS SURVEY CALL SHEETS CASE ID: Phone number: Address: Laterviewer date dine 5. 6.- .... 7.- 9. Geme,-tl Notee aa~ ou~ome time/date of caLlback Conrdl,-nts* Final Report What is your highest level of education? Grade School 2 1.7 1.8 High School 32 27.1 28.1 Some College 48 40.7 42.1 College Degree 28 23.7 24.6 Graduate 4 3,4 3,5 Missing 4 3.4 many children do you currently have IMng with you under the age of eighteen7 None 60 50.8 1-2 42 35.6 35.9 3 or More 1.~ 12.7 12.8 Missing I .8 How would you characterize your ethniciw.? Caucasian 85 72.0 72.6 Hispanic 19 16.1 16.2 Viemamese 4 3.4 3.4 Oriental 5 4.2 4.3 Black 1 .8 .9 Other 3 2J 2.6 Missing I Would you like to be notified of any public hearings related-to the restriction of adult entertainment businesses in Garden Grove? Yes ~" 76 65.0 65.0 No 42 35.0 35.0 The courts have ruled that cities must provide · place for adult businesses to oper- ate. How l~ar ·wey from your neighborhood would thee businesses have to be to have · neg!llible effect on your neighborho~t? I~ss zhan 500 feet ~1 I block 500 feet ~ 2 blocks I(XX) feet ~ 3* blocks 7. In what zone do you drink these types ofbusinesses should be allowed? 8. Would you support a law that prohibited the establishment of an adult enterr~n- ment business with 500 feet of a residential ·re·, school or church? Strongly supl:x:~ Suptx~ Neucrzl Oppose Saungly oppose 9. WouJd you support a law tkst prohibited the concentration o/adult enteruinmen~ business within 1000 o~ each other? 10.Are you aware oieany specific incidente related to adult en~er,-ainment businesses in yom' nell? Q No ~lYes If'yes please explain: 11. Do ~ou own your home or do you rent ? ~ Own Cl l~enx Hello, my name ~s . I am s= employee ~,.~h the City of Garden Gr~ve. We are conductin[ a survey of Garden Gr~ve residence co 2,ather information on u~e ' impact of cot~"'¶ businesses. such as adult bookscores, nude or topless dLudn2 estl lishmenLs, massage parlors, adult theaters showing X-rated movies, peep shows, e~c. on your residential area. The City is conducting this sux-~ey in order to properly de- velop leKislation in this area. Your responses are 2'teafly appreciated and will be kept confidential. (Need to c~nt~rm that the resi~ndent is a resp~nding frorn a residence and not a busi. hess. If responding frcm'a business discontinue the intemJimm.) 1. To the besL of your knowlecl~e, how close is the nearest adult bookstore or adult entertainmen~ escablishxnen~? ~ 200 fcog ~ I block ~ ~00 fee, ~ 2 blocks ~ I000 ~eet ~ 3~ blocis Zl Don't know 2. Wh~c~h adult entort-l-ment es,~hNsh,-,nt is it? (Prompt retpondent f~r identifying information, it th~ ~ busintu nan, or loca- tion, or gentral identi~ctxtion) REAL ESTATE PR0irES3Z0UAL SURVEY bookstore affects T~e rese|e or renta| values of nearby proOer~tes? Hove any .veers nave you practiced tn the real estate ~roffssion? HEY many yeirs have you prac%~ced real estate ~n t~e Garden Grove ares? 0nest(one a throvqn 1S: . ;le~sc read the follOvjn9 tnforsatton about a t~Dethettcal neighbosOmed and respond to a few questions in ~erms of your professional experience aN jucfgme~t. A mtddle-tnceee residential neighborhood borders a cain street that contains various COeeerCtal Uses tha~ serve the netg~bornooa. Althougfi most of t~e neighborflood ts CGeprtsed of Stngle-fam~ly h~s. the~ are 1 Z~ 10-2~ 0-1~ (fleet 0-1~ 10-2~ 2~ 4. S~ngle-fim~l~ ~Staen~tal t 2 3 4 S 6 7 6. C~rc~/1 1 2 3 4 5 ~ 7 HO~ vovld you ax~ect the everage value to be affected If the properties art~vttfi~n 200 to 500 feet of the new adult bootaMre? Decrease Deerelse krelse NO |Ericraise Zncrelse s ;OS 10-20S 0-10S Effect 0ol 0S 10-20S 7. S~ngle-fem~lr residentfat 1 ; 3 4 S 8. ~ltlple-fmtly ~st~ntlal 1 Z 3 4 S 6 7 ~. a~al T 2 3 4 S 6 7 ASsume ~lMt tie new adult bookstore eft1 be ToGated w~thtn 1000 fife of an ex~ng a~lt ~ff or OUer e~lt ~nl~nt use. heed upon your p~fessloN1 ezNr~eKe, hw enid you exit Ue ivera~ 10. SIngle-family residential 1 Z 3 4 S 6 7 11. 14ulttple-faxdly restcentral 1 2 3 4 S 6 7 12. Co~eerctal 1 Z 3 4 S 6 ? 18. Wo~d you like t~ be notified o/~ny public hearings related to the rest~c:icn of adu. kent. ez-t~Ln~en~ businesses Ln Gzrden Grove? '~ Yes ~ No yes, confirm n~me and m~ilin[ ac~us Th~ yo,~ for your assistance in msponc~g to our ques~o~. (I/th~ i~ist oa a ~er o/so~o~ to co~t ~ t~ s~ Xive t~m t~ Ci~ M~er'~ O~ce ~er 714.7~1.5101) 5uDs~lntta| Same No Some 5~Ds~an~al |ncrelse Increase EFfec~ Decqese Decrease I. cr~me I Z 3 4 S b. ~rlff~c I ~ 3 a S c. l~er 1. Z 3 a S a. fietoe 1 Z 3 a S children 1 Z 3 a 5 h. lathering 1 Z 3 4 S Ovs~nesses 1 2 3 4 S J. abtlsty of o~er ~us~nesses ZOo Zn general, ~o~nat aeg~ee do you feel aduTt enterUtrnent businesses affecz proDer~y values? 21. u~y do you feel t~fs ray? 22. OFTZONAL: Hame, Name of r~ess, an4 Address you Mnd If we. Conzacted you !n the fut, urs r~garclt ng your rllp~ftllS ~ these Survey QueStfens? Yes NO Them you again for your iSStlTJ~Ce w~t~ Thts survey. 132GZ/1443A 02/'04/11 J. ability of otfter businesses Increase Zncrelse [ffecz 0ecrease Decrease I 2 3 4 S 1, ; 3 4 5 1 2 3 4 S 1 2 3 4 5 T 2 3 4 5 1 Z 3 4 S 1 2 3 4 S 1 2 3 4 S tO. In general, to ~nat degree do you feel adult enterrJtnment businesses affect property values? 2]. Why dO yOU feet 22. 0PTTONAL: NaN, Name of Fir.m° and Address fa9 iould you wind If w contact~cl you tn the future regarding ,your responses to these survey questions? Yes Think you agile for your assistance vt~h thts survey. 1326Z/1443A 02/Q4/~1 l l l I l I ADULT ENTER. JNNENT BUSZNESSEB: Adult ante. inmenC businesses snell ~e dealrico as rOllOwS: I. Adult look Store means an establishment having as a substantial Or significant DoraiOn of its Stock in trade, books, magszines, other periodicals, prorecorded motion picture film or videotape whether contained on an open reel or in cassette form, and other materials that are distinguished Or characterized by their emphasis on matter depicting, des:raPing, or relating to specified sexual activities or specified anatomical areas or an establtsNnent vtth a segment or section ~evoted to the sale, display, or viewing of such material s. 2. Adult Motion Picture Theater means an enclosed building with a capacity of fifty (}0) or more persons used for presenting material distinguished or characterized by their emphasis on matter Gepioting, des=rtbtng or relating to specified sexual activities or specified anatomical a reds for observation by patrons therein, Adul~ Mini Motion PictUre Theater means an encl.osed building with a capacity for less tnan fifty (bO| persons used for presenting materials distinguished Or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observer1 on by patrons thefts n. Adult Hotel Or Motel means a hotel or motel where materio) is presenteo that is distinguished or characterized by an emphasis matter depicting, describing Or relating to specified sexual activities or specified anatomical areas. S. Adult ~otion Picture Arcade means any establishment required to oota~n a permt under Chapter 5.60 of the Garden Grove Hunicipal Code or any other place to which the public is permitted or invited wherein cot n, token, or slug-operate~ or electronically, electrically or mechanically controlled still or motion pictur~ machines, projeCtorS or Other image-producing devices are maintained to show images tO five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. 6. '~abaFgt'~eans a nightclub, theater or other establishment that ~s live performances by topless and bottomless dancers, dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. 7. Escort Bureau and Zntroductony Services means any establfshment requlreO tO obtain a pemlt pursuant to Chapter 5.55 of the ~unicipal Coco. Hassage Parlor or Bath House means any eStsblishment required to obtain a pem~t ;~rSuant to Chapter 5.1Z of the Garden Grove ~j~!cipal Code ~,ere, for any fom of consideration Or gratuity, 5752T,'lgZS,s~ (5) '3s 01 S[CTIOU 9.1.1.0C DEFINITIONS PURPOSE The purpose of this Section is to promote consistency and precision in t~e application and interpretation of this Chapter. Th meaning of words and phrases defined in this Section shall apply thrOughOut this Chapter, except where the context or usage of su:h wOr:S and phrases clearly indicates a different meaning intended in that specific case. G[NERAL INTERPR[TATIOtl The lollowl ng general interrotations shall tpply throughout tms 5oction: 1. The word 'shall" is mandator7 and not disCretionarT. The word "may" is permissive and discretionary; In case of any conflict or difference in meaning between the text of any definitions and any illustration or sketch, the text Shall control. 3, Any references in the masct, ltne or feminine genders are interchangeable, ~ords in the present and future tenses are interchangeable and wards in the singular and plural tenses are Interchanged=Is, unless the context clearly indicates otherwise. S. In case a definition is not listed in this section, the most current ~ebster Collegiate Dictionary shall be referred to for interpretation. the event of a conflict between the definitions section and remainder of Title IX, the Title IX provision shall prevail. DEFIN.tTZONS Unless othe~tse specifically p~vided, the M}r~S and phrases useo ~n the Chapter snell have the following meanings: ACCESSORY BUILDINGS AND STRUCTURES (NON-RESIDENTIAL): A building, part of a Dullolng, or s%ructur~ ~net 1s lnclaenta| or $uDo~ltnate to the main building or use on the sam lot, which accesso~/use does not alter the principal use of such lot or building. If an accessory building is attached to the main building either Py a common wall or if the roof of the a:cessoPy building is a continuation Of the roof of the main building, the accessoJl/'.building will be considered a pert of the main building. ACCESSORY LIVING QUARTERS: Living quarters within an accessory building t~lt ts ancillary and subordinate to a p~fnctpel d~elling unit, located on the same Tot, for the sole use of persons employed on the premises Or for td~orary use ~y guests of tAe occupants. Such q~artors are expressly p~t~itsd f~ containing kidhen facilities or any ot~er a~a use~ for the daily p~pa-atton of food. ~7S2T/i~21~ ~-, end 17: Substantial Same NO a. CP~M 1 2 3 4 S b. traffic 1 2 3 4 S C, 11~ T 2 3 4 S d. .o~se I 2 3 4 S e, Safety of chfidffn 1 Z 3 4 S f. ~Nrll ~m11~ of life 1 2 3 4 S g. ~tl 1 Z 3 4 S ~. 1o1~q 1 17. a. crame I Z 3 ~ S b. traffic 1 2 3 4 S C. litter 1 2 3 4 S ¢. nOiSe T 2 3 a S e. safety of e omen and chtldree I 2 3 4 5 f. general QuaHey of the business efiv~r~rise~t 1 Z 3 4 S g. q~l I 2 3 4 S h. loitering 1 2 3 4 S ~. /blltty ~ ittract o~er ~. Ibaltty Of Ot~r bvs~NsSes -- ~ It~s~ 1 2 3 4 S 8ssed off your professaoeal experience, hw uould you evaluate the impact of locating tee or more booiltores u/Uln 1090 feet of each other arid v~t~tn 200 feet of an area On tl~ totloving: a, C~tmt I Z 3 4 ! b. traffic I Z 3 4 S C. lttter I 2 3 a S d. noise 1 2 3 4 S e. sitely of e e men and childraft 1 2 3 4 S f. general eosl(ty of 1tie 1 Z 3 4 S g. refits 1 2 3 4 5 ~. affect Tot~erl~l 1 2 3 4 S Please comnleZe thts brief survey end retur~ tt to the C! ty of G/rash GP~ve, Ctty Hansner'$ ~ 2. Nov liefly years ~eve you practiced tn the real estate profession? 3. Nov a any years haft you practiced real estate tn t.e Gareen Grove area? Questions 4 throuei~ 15: Please read ~he foTlov~ng ~nformat~on about a t,j~othettcal ne~ghborhe~d in~ ffs~n~ to a fff Questions ~ :e~ of ywr p~fess~oM1 ex~r~eKe iK Jud~nt. a mtddle-~nc~ ~stdentlal ~g~o~d ~rfi~ a rata strut ~t conu~ns varies crofttel uses t~a se~ ~ ne~bo~ood. Althoe~ met of t~ net~o~d (s c~std of stngle-f~ly ~s, the~ iv ~ mull(pie-family ~sldentlal c~lexes ~n t~ Nl~bo~4 as W11. A create1 ~(ldSng ~ceetly ha bKa vacant 0~ ~11 ONe s~y iS I ~tcll a~lt b~ft~. (A "t~l' 0~it MS~ t~ ~ G~, also c~ut~s several '~p h Based upon your p~ess~onal exWraencl, h~ enid y~ exit awrl~ values of ~ fo11~ng tyHs c P~H~y ~ H lifeted ~f t~ aq less ~an ZOO feat away f~ t~ ew a~lt b~s~? (Cl~le tr app~p~a~ nmer for aa~ TYN of P~H~.) How w0uld you' expect the average velue to be affected (f the properties are wath(n 200 t0 BOO feet n~ adult bookend? ism that ~e new 0dull beaksare will be loc/tH ~tMa 1~ ~ of e utsttq silt ~su~ e o~er i~lt e~(m~ ~e. Ill~ ~ ~ p~elStWl e~, ~ mid ~ ~ ~ awreg vllv~ of ~ fe11~q ~s of p~N~aes ~ ~ affKMd, ff ~ I~ less ~n ~ fat ivly f~ ~ Decrease Decrease Decrease 10-20S 0-101 [ffec~ 0-10S 10-20Z 1O. SIngle-flatly res(denttal 1 2 3 4 S 6 7 11. Nulttpleofa~ily residential 1 2 3 4 S 6 7 12. Comerc~al I 2 3 4 S 6 7 20. In general, to vfiet ~egree rJo you feel adult enterta~mwnt [ffect C)ecP~lse Decrease 3 4 S 3 4 S 3 4 S 3 4 S 3 4 S 3 4 S 3 i S 3 4 S 3 3 4 S 4 S DusineSses affect FroDirty values? 21. Vhy ¢o you feel tiffs way? 22. OFTTONAL: Name, Nice4 of rim, and Address Would you rind lfw contacted yoe In Ut furoft regardIn! .your responses te ~hele Iv.e,- questions: IM TI~IIII JOt/8git~ for yOUr aSSiStalice 13Z61~I443A OZ/O4/gl sucq as, but not limited t:: dtldo, auto suck, sexually oriented vibrators, edible underwear, benwa Pall s, i nil aCa~] e orifices, anatomical balloons with orifices, simulated and battery operated vaginas. and similar sexually oriented devices. AGRICULTURAL CROPS: The use of property for the growth Ind harvest of agricultural crops, including the display or sale of seasonal agricultural produCtS grown on the parcel or an adjacent parcel in a roadside stand. ALLEY: A public or prt vice thoroughfare or ray that may afford P'nmary or a secondary means of access to abutting properties. APART/qENT: A room, or a suite of two or mope Poems, in s multiple ~;rTT~,occupted or suitable for occupancy as a dwelling unit for one fa;tly but not including motels or hotels. ARCADE: Any place of busthess containing tan (10| or more amusements devices, including but not ltmtted to pinball, air hockey and video games, fop use by the pU~ltC at S fee. BAR: A pu~11c or prtvate business open to the general public and TT;ensed by the California Department of Alcoholic Beverage Control with aq "on-sale premi sos" type license, providing preparation and retJil sale of alco,oltc beverages fop consumption on the premises, t ncludt ng taverns, ~ars and similar uses. BILLBOARD: A stun identifying a use, facility, or service not conducted on the premises or a product that is ~roduced, sold or manufactured off-sits. BILLIARD PARLOR OR POOL HALL: "Billlard parlor" or "pool hall" means a bulidlng, struct~tre, or portion thereof t n that are 1 oca~ed one or more tables designed or used for play of pool, billiards, bagatelle, snooker, 5umber pool, or similar games, or any estsDlishment required to obtain a peRit under Chapter 5.40.20 Of the Huntcipal Code. ' BOARDXNG/1,0OGZN~ FACILITY: A butldtng containing a dwelling unit where lodging is proW'dad, uitn or ~tthout meals, fop cem~ensetion with not more than five (5)guest roems for ten (10) persons. BUILDING: Any structure thlt ts completely roofed and enclosed on all se~,excludtng ail fords of vehicles even though t~o=tltzed. BUILDING FRONT: That side of any building designed or utilized as the primer7 customer or pedestrian entrance to the building, Each build1 ng ma7 hays more than one side of the building designated as a ~ront under this dSftntttOn. B~ZLDZH$ HEIGHT: T.~e vertical dlstan:e measdre~ from the average tev21 of =~e Dul|dtng sits to the upperaost roof poi nt of the Structure, e(cludtng chimneys, antennas, architectural appurtenances and similar fea~jres. ~TSZT/19ZaA ( 7} g$ 12. ~assage, alcohol ruO, aOmintstration ot fomentations, electric o ~ magnetic treatments, or any other treatment or manipulation of human body occurs. Hodel Studio means any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas a re provided to be observed, sketched, drawn, painted. sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. Sexual Encounter Center means any business, agency or person who. for any form of Cons~dera&lon Or gratuity. provides a place where three or more persons, not all members of the same family, may congregate. assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas. Any other business or establishment that offers its patrons services, products, or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. For purposes of the above definitions, "emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas" is found to be in existence when one or more of the following conditions exist: The area devoted to merchandise depicting, describing or relating to specified sexual actt vt ties or specified anatomical areas exceeds more than 1S percent of the total display or space area open to the public or is not screened and Contr~ by employees. One of the primary purposes of the business or esl~bltshment is to operate as an adult entertainment esl~mblfstm~nt as evidenced by the name. signage, advertising or other public promotion utilized by said establishment. One of the primary purposes of the business or establtsltnent is to operate as an adult entertainment estaOitshment as de~nstrated by its Services, products or entertainment ) constituting a regular and substantial portion of total business operations and/or a regular and substmnttal portion of total revenues received; where such Services, products or entertainment are characterized by an emphasis on matter depicting, describing or roletin to specified $ex~ml activities or specified anatomical areas. ~or purposes of this Section, "regular and substJntial portion" is defined t~ mean greater than fifteen (1S) percent of t. atal operations or revenues rKetved. Certain types of '*adult merchandise" are displayed or merchandtsed. For purposes of this Section, 'adult merc,andise" means adult, sexually oriented implements and paraphernalia, 575ZT/i~ZS; (C) 0A/Oa/91 (7) For shOpping center associations, the nu~Uer of days shall be used on a monthly or quarterly schedule. The nmber of days for Individual business addresses shall count toward the maximum allowcole days allocated ~or spectal event sales. (9) All merchandise, materials, signs and debris shall be removed from the outdoor area by lO:OO a.m. of the day following the closure of the event, unless extended by the Director. 7. Holiday Lot Sales Christmas tree Sales, fireworks sales and pumpkin sales may be permitted to operate, subject to the folloWrig conditions: a. Such use Shall be restricted to cewe~erctally Zoned property. b. Applications must be submitted ten (10) days in advance of the sa]e. SECTZ0U 9.1,2.06 ADULT ENTERTAZNNENT USES A. PURPOSE. The City Council of the City of Garden Grove finds that adult entertain..-ent businesses, as defined tn Section 9.1.1.05C, because of that r very nature, have certain hormful secondary effects on the community. These secondary effects include: 1. Depreciated property values, vacancy problares tn cearaercial space (particularly in the newer commercial butldtngs}. Interference with residential neighbors' e~oyme~t of their property due to debHs, noise, and vanaaltsm. 3. Higher crime rates in the vicinity of adult businesses. 4, 3lighted Conditions such as a low level of aatntenance of c~ercial pre=tses and parking lots. The City Council further ftnd$ that the reStriCtionS and development standards contained in th~s Section will tan~ ~o mitigate, an~ pcsst~ly avotd, tM harmful secondary effects on the camunity associated with adult entertainment businesses. The primary purpose of these regulations is the a=eltorstton of hermid1 seconclary effects on t~e c==aunity. The regulations contained (n t~s se:tton are unrelated to the $upDreSS~on of free speech and do not limit access by adults to materials with First Amendment potential. ¢a85T/1907A (311 8. SPECIFIED SEXUAL ACTIVITIES AN0 ANATOMICAL AREAS. Pursuant to Se:tton 9.1.1.05C, an adult entertainment business is any business or establishment that Offers 1iS patrons services, products or entertainment characterized by an emphasis on matter depicting, descrtOtng or relating to "specified sexual activities' or "Specified anatomical areas." 1. For purposes of thts Section, "specified sexual activities" shall include the follov~ng: Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulatton, besttaltty, direct physical stimulation of unclothed genitals, flagellation or torture i n the context of a sexual relationship, or the use of excretorj functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analtngus, buggary, coprophagy, cOprophtlta, cunntltngus, fellotto, necropntlta, pederasty, pedopntl(a, ptquerism, sapphism, zooerasty; or C3early depicted human genitals ~n a state of sexual stimulation, arousal or t~a~escence; or Use of human Or animal masturbat~on, sodmy, oral copulat~on, coitus, e~aculatton; or Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or rlasochts~, erotic or sexually oriented torture, beating or the infliction of pain; or ;rottc or lewd touching, fondling or other contact with an antmal by a human bet rig; or Human excretion, urtnatton, menstruattO'~, vaginal or anal Irrigation. hnctng by one (1) or more 11ve entertainers tn a manner -, h;., displaying specific anatomical areas. 2. For the purpose of this Section, "specified anatomical areas" shall Include the following: Less t~an cmpletely and opaquely covered human genitals, pubic region, buttock, and female breast below a potn~ 1_.racerarely above the to; of tr-.e areold; and Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 4885T/1907A 04/04/9~ C. SPECIAL REGULAT~O,S. In a C-2 zone, where the adult entertainment businesses regulated by this Part would otherwise be permitted. it shall be unlawful to estaoltsh any such entertainaerie business without the benefit of erie hearing ooay approvtng a Conditional Use Permit and if the location is: ~tthtn two hundred (200) feet of any area zoned for residential use or within t~o hundred (ZOO) feet of any building o~ned and occupied by a public agency; 2. ~tthtn one thousand (1,000) feet of any other "adult enterZatment" bus~ness; ~tthtn one thousand (1,000) feet of any school facility, public or prtvlte, grades K through 12: park; playground; public libraries; licensed day care facilities; church and accessor7 uses. The "esta=ltshment" of any "adult enter~catnment" busthess shall include the opening of such a business is e new business, the relocatton of such business or the conversion of In existing bustness location to any "adult ente~atnment" business uses. For the purposes of this Section, al1 distances shall be measured tn a straight line, ~thout regar~l tO Intervening struc~s Or obJ~tS, f~m the nearest point of the building or s~c~re used as a pa~ of the prOmsoS where said adult entertalent bustnose ts conducted to the nearest ~rope~y lane of any ht or pr~ases zoned for resident(a1 use, o~ to the nearest progeny l~ne of any lot or pmi see of a churn or educational ~nstt~t~on utilized by minors or to the nearest potnt of any bu~ldtng or structure used as a pa~ of the prm~ses of any other adul~ enrage(merit bus( nose. D. VARIAt~C[ OF LOCATZONALPROVZSZON$. Any property o~ner or hts authorized agent may apply to the hearing body for a variance of any loclttonll provisions cont~ttned in tni s Section. The ~es~ng =oey, after I helrtrg, lily Stint a vatfence to any locltional provision, tf the follo~ng ftn~tngS art made: Interest or t~ur(ous to noisy p~rtte$, and thit ~e Spirit and tntent of th(s S~ct~on w~11 be o~se~ed; 2. Thee the proposed use ~111 not unrolsonably Interfere use and enjoyment of neighboring proberay or cause or exacerbate the develqpoen~ of urOan ~llgnt; That t~e estabT($Wnt of an additional regulated use tn the area w~il nat be contrary to any program of netgh=orhood conservation or revItlltzatton nor will tt Interfere with any progra~ being carried out pursuant to the Co~untty ~edevelop.~.ent Law; end 4885T/lgOT& (33) O,= 'F. 4. That all appltcaole regulartuns of thfs Code will be o~ser~ea. The procedure for this hearing shall be the same as that provided Article 6, Division Z of the Garden Grove Municipal Code. with, among other matters, one same nottee requirements, CRe same r~ght of appeal to the City Council, and the same fees payable by the applicant. The Development Services Deparment shall prepare the necessary application form for tht$ variance. ADULT HERCHANDISE IN NON-ADULT USE BUS%MESS. Definitions. For the purposes of thts Part, "adult merChanDise" is ,,fined as any product dealing tn or w~th expl$citly sexual materia~ as characterized by matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. In addition, "non-adult use bus~ness" means any bus~ness or estebltsment not tncluded tn Sectton 9.11.05C. Floor Soace LImitations. No More than fifteen (1S) percent of :oral floor space area open co the public of a non-adult use business shall be devoted to adult merchandise. Seqregatton of Adult Herehandle,. Retailers classified as non-adult use es~aPli snmenu snell dtsplay adult merchan21se tn In area of the business segregated and screened from t~e eros used for t~e sale and display of non-adult merchandise. SCreening r,ay be accemltsned ~lth partitions Or said adult materials may ~e displayed In separate rooms. 4. Access by Minors. Non-adult use establ~smentS shall provide controls sutflclent to prohibit access by persons under eighteen {18) years of age to areas screened or Segregated for the pu~ose of selling or displaying adult merchandise. S. Certain Nerohand(so Prohibited. Non-adult use businesses shall no~ a~splay or me~nanalse aault, sexually orientart t~le~n~s and plr, phe~alll, (~ludtng, but no~ ltmtte~'~o: d!ldos, iu~ su~ks, sexually oriented vtbra~n, Htble un~eM, r, beN, ~alls, ~nrlatable orifices, anatmtcal balloons wtt~ orifices, s~lated - . and~$te~ operated vaginas, an6 s(mtllr sexually oriented aev~ces. N~HSRACKS. ~e~srecks shall not display specified sexual activities or specified i~ati~rical areIs. S~TI~ g.1.2.07 A/.COHO~Z~ 8EYERAP-r ~ A. PURPOSE. To establish criteria and conditions for uses t~at sel~, serve, or~"~'~CI;, consumption of alcoholic beverages. A885T/19OTA Adult Entertainment Study Department of City Planning lh~lpb W. Giulhni. Mayor Department of C~ty Planning ~h B. ROs~ Disctoe Table of Contents Page EXECU77VE SUMMARY ......................................... [ntrmiucttorl 5mdy ob/ecava .............................................. I De/m/t~ ~ ,,.4,,i, emertmnmt~ esrab/tshmtnu ........................ I Sindim mad Rq~atiom In Other tax~litlm Regldationt in othtr l~_~fititt ..................................... 9 rn. T~.s Adult Eatsrtainmeut Industry Inakuw/~ .............................................. 16 [nvtmory and trend& by/~atwn and typ~ ................ ~ .......... 19 l,,a-nry vits: ............................................... 24 Adult Eatm'aftm~mt Zo,,i,,-_ in New York City C. armuzm/ng ........................................... '... 28 PHaP r, an~g pmpesh in NYC ................................... 31 Adult Entm'lalmmtnt ImVaets in New York CIV] irapam idawifud by tha C. wI ptarmml ~ 1977 ................ J4 lmpamida~fmdlnthaC~glmaBusinmSun~ ...................... 37 Im~-n.,'N ideuift, d at ~ ~ ~t ~ ~ T~ Fame on ~ R~ ~ $a.b~d ~ ......................................... I~ ~ ~ ~ ~m ~ Coms~e .............. 41 VL Surrey d Adult E~Z'~lnmeg Sammat'~ Stavey Re, sits ....................................... 47 Aad,fittaICr/mm/Ca~m~Oata .............................. 52 Aaa/'/m a/Pmp, n~ V'i/. Overall Study Findlap and Conclusion ............................ $6 A. Study Areas B. DCP Survey of Adult Enttnammtnt Establishmenu, Fall 1993 EXECUTIVE SUMMARY Municipalitiea throughout the country regulate the [ocauons of adult cnt~inmcm e:~tahlishmm~ to limit their impacts on neighborhoods and the quality of tile. Despite the recent pintit'moo of such uses in New York City - an increase of 35 percent in l0 yeats - current zamng do not distingtush adult entertainment establishments from similar commeraal us~a without "adult cham:~:, For example, tripl~-X (XXX') video storea and ~,.t~ stores that do net pornography am rcgul:,,.,t iclemically in the Zoning Resolution. The I~t of City ~ (DCI~' tindertoolt the "Achslt Entertainment Study" to determine the pnn,r~ and extent of the secondary in~acts of adult entertainment uses on communities in the city. T~e Study incttu~s: ( 1 ) a sttrvey of existing sttRiies concerning the impacts of adult entzt~i~'m~.,t establishn~mts and mgularAa~ of such establishments in other localities; (2) a d~tian of the adult en~ business in New York City;, (3) a review of studies and reports on adult eutcrtNnre~.nt estab- lishments in New York City;, (4) a E)CP sur~ey of the impacts auch eatablishn~nts have on commurUties m the City; ancL (5) overall stay findings and conclusion. Background ha 1977, after concluding that an~lt e~tt, c~i,,rr..,,e uses had nqative impaca on r. vrm, m,aiti.~, the usesandmstrictingttmirpotentiallocaziaos. TheproposaiwsswitlmvmattlgBoarctofE~xi, m,~echetoalackafcansensusreglRLinE th"al)pm~extesuofsuchreg~lationsandeaicm-n that the regulazions being ~ mig~sult in the movengnt of adult uses to oew I~ The recen~ pmlifcration of adult entertaint establishments. often ideuti~mt by gnphic signage, has led to widesp~ad concern st~ potential de.~or~tima in the qu3fity of life in many of the city's nei~ Some msic~nts. concern~ ,bout rig negative impacu of ,~,,~t uses in their neighbcrMo~ ~ f~an%31. of tl~ potemial m'ulu ofta'olifer~o~, have ot'W~iz~ ad hoc groups and appealed to laeal officials to have them closed down. Such local opposition ultimately re.sultod in th~ voluntAr~ closing of adult video stores and bars in Astoria. Jackson Heights, Chelsea, Murray Hill, Forest Hills, and Bay Ridge. Two bills have been intr~iucai in the City Council ta ret,,ulat~ llz location of adult entertainment uses. A resolution has also been ~nu'oduced at tiz Council calling for zoning amendmenu to reslrict adult enteluinment uses. The consensus among those expressing opposition to the operation of adult uses is that adult entertainment establishmenu have a negative impact on the communities in which they ate located. The~ irnpact-~ include: inapt3mpriate exposun: of children and teenaget~ ta graphic Recent Trends in the Location of Adult Entertainment Uses After burgerruing gzow~ in the catty 1970's. the mrmher of adult entetxainmm estab~ts in the city declined by 13 percent from 151 in 1976 to 131 in 19843 By 1993. however. DCP identified 177 stu:h establishments with assistance from the 59 CommuniV/Boards. This ~u an inctease of 35 percent over the last ~-~- Should ~s growth continue at the r~t_e, an sdelltional 60 adult enter, aimnent esubli~hm~u ~ b~ openreal in t~ .~ty by th~ year 2002.. Th~ DCP ~rvv/fck--us~ on tha~ ~ of u.~: mple-X v~d~o atgt t~oe~t~-u, ,~4,!, liv~ or movie thearsr$, and tople~ or nuc~ bats. These adult ~ wer~ luther llrnited to which identified themselves as "adult,' through signage or other adverctsing. The survey may undtnsza~ the total numbe~ of ~!t entertainment uses. The loc~ons of rh,.~ ,~t:hHthm,.,.~s shown on a map following page 20. Mote than 75 petczar of the eduit estab,,h,,,,-~ were located in zoning distrim that pesmit rcsideszs. Since the survey wu completed, several new at:hilt elxttttainzl~ e~tshlilhrraqw have opem:L The l~odaction and disrebut|on of sexually expficit m,e-,~als has changed drdmati~ly in teeeat years. Adult matPrial Ls mo~e readily ~_~-~qble than it ~ to be. and a grea~ variety of piedues ate availahle m segmmu tithe o~-!, ,~,-naiam~z ,,~4!,,~_. beth inexp~ve ,,,,-,~al and fancier enteaainment ate move ~thy available than ten yeaa ag~. In particular. tdple-X videos ate now pt~lucut clza~y and sold for prices below $5. whetes.s only a few yean ago adult film cot~lt~atlded pt'4.c. el of aPpt~elm~t~'lY S100. In additloll there at~ mot~ top|e~ bags than previously. dee to a pmtife~oa of rap|ca bars affecting an 'upr. ale' hear- Pama~ly u a result of the~ change~ in the _~hdt USe indusUy. adult eatenainmeat estabiLt~m~euu au-e now found mote w~dnly thzoughouz the ~ity. in terms of their location. adult entertainment uses have continued an historical tendons7 to concenwa~ in specif~ areas. Overthe last ten ycsss most adult ert~rt~inmellt eslablishtnents have continued to concentra~ witl~ a few commatory dismcu in ManhllTan~ However. within that period the number of comznunity dist~cts civ/~ide with seven or mote adult entermnment cs~ablishmeats tripled. from thee to nine. Between 1984 ~d 1993. the number ~m~ show~i~ sto~ inked ci~ide f~m 29 to 8~ e~iis~e~ ~s ca~o~, 74 ~ent consis~d of adult video stom~, none of w~cb w~ no~ in s~ey. Adult movie ~d Uve th~ connnued (o decUric from ~ in igB4 to ~ Topics ~d n-~e b~ inc~ by 26 ~cn~ in ~e s~e ~e ~ ~m 54 ~o Impacts Found and Regulations in Other Localities Other jurisdictions ,.hat have studied the effects of adult entertainment u~ have found that these uses have negative secondary impacts. This has been the case for lar~ (such as Chicago and L~s Angeles), medium-sized citie~ (such u Austin, Texas) and small villages (such as blip, New York). Similar negative seconda~ impacts (e.g., a relatiouship between the con~nration of adult ente~'-;-m-nt ~ and inc~-,--d incidenc~ of c~ne) been found d~pit~ wide.4pl~,a varia~on in land use l~ff,.qi.s and oth~ loc~ conditions. While New York may d~ffet ~ the~ other judsalctions in c, emia inspeas, their exL3erience with adult entertainment uae4 is highly relevant to consideration of the n__*ed for som~ form of re&nllation. Both the Uulled 5:f~fl..~ Supreme Courz and th~ New York Court of Appeah hav~ recognized that, in adopting regulations, a munlcipaliqt my rely on the experience., ofoth~ other jtuisdictions include the followjut. t The Town of Islip, in Suffolk County on Long Island, prohibited ,d-!t uses from locating in downtown commestil areas because they would produce a *d,'-~ zone' that shoppers would avoid, Other goverNneat eftroll to revi~ or sr.~bili~ these axeas and ~ 9riva~ invest- merit would be ~ ner,,ively. The CiW of lndianapolir,, Indiana, conduc',ed national and Ioc~d surveys of real estate appraisers regarding the impaa of adult usu on pwpen? values in middle-income residential neighbor- hoods. A majori~ of the appraisers, seventy five percent, rcspended that such a use Ioca~d within one block of such a residential neighborhood would have a negative effea on the valua of both residentia/and commetc/ai prod-ties. The City of Wl'dttier, Ca/ifornia, in a study of the impacts of adult establishments found higher turnover r-~es in commemiai and resident.~l areas adjacent to adult uses. The study also iii compa.,-cd 38 ry. pe~ of crim:nal acuvity over two time penoch. showm8 a total increa~ of percent for the study area containing adult businessea, while the city as a whole had only an eight percent increase. A study by the City of Austin. Texas. compared areas with adult businesses to other axeas containing sirmint land uses but no :Kinit businesses. and found a sex crimea rate between two and five rues ~ m the areas with s~uit btzsinesses. 'roe study aL~o showed ~ the seX- related crime rate was 66 percent higher in areas havin~ two or more adult busin*__~_te_3_ than in those areas having only one such busines.t Phoenix, Arizona. studied the relationship between arrests for sex ~thnes and the locations of adult busin~,_; and found an overall inazase of six tunes the sex crime rate in the study azea with aclult uses over the eomzol areas without such uses. The 5taz of Minnesota reported that a study conducted in that state examining the effects of sexually-oriented busin~e-mr upon propew/values and crime n,N in~ thaz such bttsines/~ had a sm:~g ~ega~ve imlsaa ou the ~,,~- m~: ThE ackLi~ioa of one sexua~y-o-ieated b,,,~,-~ to ~r. enL T~ ether state study, it wM determined tha~ the~ was a statist~ca~y sig~ficant corre|ation between the lotion of adult businches and neighborhc~t _~___,~_'or~ou. FIousing values were si~i~ant~y lower in an area with thee ~ult bualue~es than in an eu with ouly one adult businest Also, there was a significantly higher mine rate associated with two ,d,,R Many other cities ctmu~ mffalate ~,tt uses diffe~ndy from oth~ commemal ,_,~__ and several ofthesea~discus.czdlatetinthiastmtY- Mmtoften, these mtmladons dispesse such uses r, th-- than concentr~tlnB'them in any paaicular area of the mtmicipality and my also exclud~ t~ from certain a~-,_ For example, l~a Angeles, Califorma. generally prohihiu new adult uses from locating within a ce~_i,, distance of another such use. Los Angeles enacted its dispel. zoning after a study concluded that the concentration of adult uses had negative impacts on crirainal activitT, prol:Nc~ values, and pubHe perceptions of the quality of life. Impacts Identified in Studies in New York City Several studies have identified the impac~ associatt. d with adult entertainment establishments in New York City. In t977, the City planning Cow. nussion proposed a zoning plan to limit the conceau-auon of adult uses after relating the proliferauon of such establishments to econormc decline, and Finding a linkage betweea increa.~d numbers of felomes and the conc~aWs~'.~ o[ adult uses, In 1993, t~hc Cheisea Business Sm'vey conctude~_. after surveying t00 businesses located in due community, that dispersal zomg should be enacted m prayera m transforms.on of Cheisea into a red light ciistrict A majority of the busines_t~__ surveyed felt that a recem proliferasion of adult ¢Ote~inme~t esT. abLL~ in (:::heLsea had htta them economically. Thh year. the Tunes Square Business lmFovement District (TSBID}, after conducting a study of the secondary effects of the concenn'ation of adult use establishments in the Times Square a,ret coiled for the dis~-nal of adult u.~ in commercial and manufacturing are~ 'r~ TSBID study shows that ttz ram of incx~ase in assets~ values for blocks with ~n adul~ use did not increase as much as the rate of increase on nearby control blocks without adult uses. The study also note~ that there were almost twico as msny complaints about a'mz form mdy b_ _lr2,~_~ with adult establishllr~u aS nearby contxol blocks without e, nit usea. Property m b-cq,,~- owncs expr~`qedtheviewthatadultusesl~catedintheare~~paniculariyinc~n~~n~ti~~~~~v~~~a~a DCP, as pan of this Study, seloc'24 six stucP/ax~s where adult uses were locaw. d. Bs Times Square was alR. ady being studied by TSBID. DCP's se. ler~ study an~s which Ind teaser concentrations of adult ~ Most of ths sd~ss are in. ~s other boroughs and in some tn~s contained only a singis ise!'J'~t adult~enw, ztainn~nt use. DCP surveyed reprt~ntatives from commmuty a'Zan~un and sanitation offienn, and t~zesentatives of tlz ~,~lt enzpinment indusu7 to gather informa- tion on land use, street conditions, signags, and !m.~acu. An anal?sis of assessed valu,'s and crime dan wss also made. The six study 2t. as aze shown on m map following page 47. Many msidenu and connnunity organizations cited adult cnteminment establishments as laving significant afpotentia!ly significant negative impacts in their communities. Real estate broken inclicaxed that such establishments have negauve trapacts on propenT values. These findings a~ consistent with the data found in the TSB1D study and the Chelsea Business Survey, along with other ~"'" des~ribe~ in more det~ in this repett In some cues. particularly in study ax~as with only one adult entertainment establishment, the DCP survey did not yield conclusive evidence of a dixtct relationship between the adult use and V a~e urban ills affecting the cornmunlry. This r~ects the fact that, in a city as den.~ and diver~ as New York, it is difficult to isolate sl:~::ific impacls atlllbu~ble to any paracular l,~md it~ ~ cities thai have conducted sitmint studies have acknowledged this same difficulty. For insts,nc~ the Los Angeles City Planning Depaent concluded that while assessed valuauan of pwperties in m characteriz~ by adult uses "generally" tended to increase to a leaser degee than similar' control areu, "there was insufficient evidence to support the contention that conc~,ntraiions of sex-related b~sinesses have been the primary cause of these pavzms". Adult entertainment businesses wen nevertheless perceived by the majority of the ~ Angeles tespondents as eXerung a negative imp~'t on surrounding business and residential properties. Whether or not such neptive impacts had actually ce._-'urr~k or were only pemeived to have 0ccurn~ c. tmid not always be determim~l by the survey, but the study concluded ~ ' in terms of ~e an~nzd~ of tt~ responcLents towards such businesses, the conclusion must be drawn that the overall effea on surrounding p~es is considered to be negative." DCFs survey id~ified s=on$ concerns alntt the neganve impacts of ~ult uses slmih~ to found in the L~s Angeles study. Even in those study areas whens it conid not. b~ t,,,aly detormmed thax. ne[axive Lmps~ were altudy being felt, the~ was a strong body of opim'on, e~:~diat~y~m`.~grc~itfzm~that~hdt~nterain~entuseswe~ehavingnqai~wi~m:tsandthat ~ pt~fifel~l~Oll Of these uses in the COmm~mlt'y wO~d le~ld tO a neighborhood det~iotltio!L The experience of ux~n phtnnen and real es--,, appralsen ind~--,,', tint negative pex~-~ons as.~3ciaied with an afea can lead to ~vesxment in msidentixl ne~ghlxn~3ods and a zx~lanq to shun shopping sxrnexs whexe tinsavory a~vities ate occumng, leading to e~onomic ~ In 'The Appraisal of R~l Pmpe~," seventh edition, by the A.me~ hs~me of Real Batata Appraisers, the forces th2 influence resi estate value sfe described as follows. "rbe value of x~l px~l)en~ mficc2 and is affck'ted by the intefp|ay of basic fox?.es that motivate the activities of human beings. These fotc_~. which ptoduco the variables in real estate market values. tuay be cousidet~d in foul nujor categories: s~-'~,--/~ m~f ~ (emphasis ,a~,~t), ~,onomi~ chsnt~s and adjusms~s, ~vernmentsl conu~is and re~mlsion, and physical or environmental chsn~s,' Th~ mimdinal data in the survey is thus si~,nific~nt even in instances whe~ tiz a=rcal ne~xive ~ of sdult ente_,-uinrneni establishn'zn~s are difficult to mca~urc. Fear of the potential pro[fferation of adult uses is a well rounded concern. Taken alone it may not seem si~,ni~cant if someone smokes in a subway car, scribbles graf~ti, jumps a subway turnstile, aggressively panhandles or squnegces a csr windshield, psr, icularly in a city where thaz a~ other pressing problems such as homelesshess, violent crime and unemployment- But '~hcn ~ese small incidents. and establishmenu. proliferate and accumulate, they can tear at the uricart fabric. Similarly, as the ci~y's experience in the Times Square aza ~ the ptt}lifera- tion of adult uses in an aIzs does have si~ruficant and potentially dcvasming impacts on the character of a com.,,nunity. The Civj has adopted an alErtslive and comV, zhensive parley of addressing various qualiW-of-life issues that has begun to yield beneficial a~sults. The prOlees posed by adult entertainment establishments arc among the important quali~..of-LLfe ~ that a/~rect our neighborhoods and communities. Overall Findings and Conclusion Numerous st.dies in other lacallties found that adult entert~nment u~es haxee nega~ye seeandes? impaeff such ~ increased c~me rates, depre- cia~on of p~pe~ ~alues, dete~or~ioa of commun~ c~ct~ ~ ~e q~ of urban tif~ Tarre has been a rapid growth in the number of ~l: enurta/mmen~ uses in New Fork Cil7. Between 1984 a~ 1993, :he nu~ o~ suk ~u incre~ed from 131 to l~. ~ auger of p~o~oo~ s~res/peep sbws Adu~ theafe~ d~e~ed by 52 p~en~ · AduJJ entertainment is more read//y accessible in NTC than i~ was tan years ago. Tetra a:~ more s~h establishments i~ a Femr hater of comm~a~ ~ v~u ~e p~d in ~mr n~e, a~ ~ ~w~ cosft. ~ay m o~an a~ in gtna~ i~rest w~so sMr~ ~ weft ~ those da~otad exclusirely to aduff entertainmenL Cable tale,islam has significantly increased the availability of ~u~ glowing mala~ Adu~ AduLt entertainment usa semi to concentrate. The number of communiV/ dlztrleff with sawan 'Or more adult uses increased from three to nine over the last tan years, Seventy ~e percent, of the adult uses a~e Io~aud in nine of the cltysS 5~ CommuniV. t Districts. In Manhattan, adult uses cluster in central !ocarious, s~eh us the Times Square are& In the other boroughs, adult uses appear to cluster along major vehicular routes connecting outer reaches of the city and suburbs to the tealtel business distr~ct such us Queens Boulevard and Taird Avenue in Brooklyn. Studies of adult enurtainment use: in areas where they are highly concentrated, such as Times Square and Chelsea, identified a number of significant negative secondary impacts. In the Times Square area proper~y owners, theater operators and other business people overwheltaingly belie're that their businesses are adversely affected. An onalyl~: criminal complaints indicated a substantially higher incidence o]~ cz~tailua acavity in the Titare ~quare area where adult uses are most concentraUaL In addition, the stttdy found that the rate of increase in assessed values for sttldy block$ with adult uses grew at a slower rail than control blocks without adult uses. DCP's ~urvey of areas with less dinsa concentrations of adult uses found fewer impacts than the study of the ~'itaes Square area. ltowever, community leaden expressed concerns that adult uses impact negaavdy on the community and strongly fear tha potential results a/prohfet-,~_~m. · The strongest n:gaave reaction: to adult entertainment uses carats frota residents living near them. Where respondInto indicated that their businesses or neighborhoods hatl not yet been adversely a/ftcted by adult uses, this typicall~ accurnd in study areas with i:olated adult use:. Moreover, theso saint respondthis typically stated tituS an inertale in tusk tats would negatively impact them. Community rtshttnt$ fear the con:tquences of potential proliftre, tton and concentration of adult uses in traditionally neighborhood oritnt#d shopping areas and view the appeannct of ant or more of thtst tats at a dtttriaratbn in the q;,~tt~ of urban lift. Most real totate brolotrt report that adult entertainturns establishlathes art perceived to negat~rtly affect nearby property values and deertest marble valuls. Eighty pentat of the broken responding to the DCP suepry inditattd that an adult tat would have a negative irapact on nearby proper. ty vailtot. This is consistent with the rtsponsa from a sitallot national sart~,t of rt~l estate appra.i.~ert. Adult tat acestsar? btaines signs are generally larger, more often alumi. noted9 and graphit (taxually.oriented) compared with tha signs of other nearby commercial tats. Community residents view this signage at oat of keeping with neighborhood character and art concerned about tha expo. sun of minors to sexual images. Based on these findings, DC'? believes it is appropriate to regalate adult entertamtaent establish- ments differently from othcr commetciai establishments. 'I'he experience of othex jtmsctictions, the civ/s historic experience in Times Square, studies performed by the TSB[D and the Chelsea Business Survey, and DCP's own survey establish, the negative effects of adult ente~zinment uses. Consideration of the specific nature and extent of regulations that would be appropriate for adult ent-'~3~ament establishments in New York C~ w~ not w~n the sco~ of ~is Study. Howev~, in hRht of ~¢ nc~vc ~p~ of adult ~u ja concen~o~ ~ followinB m~ tcc~, w~ch have ~n u~ in offier Jun~c~o~ ~nt co~i~Uon in ~el~mg ,~,s!~ use m~la~o~: ~mc~ons on ~e l~a~on of a~t u~ in pmximiW to ~siden~ ~ m hous~ of won~p, to sch~is ~d to e~h offier. I. INTRODUCTION Study Objectives The Depa~hxlent of City pDnning undertook a study to evaluale the nature and extent of advet~ impacts associated wffim adult entertainment uses in other localities and in New York City. study responds to contains of city residents, businesses, and elected officials about the pwiifm- Lion of adult entertainment establishments in various pans of th~ city. The issues posed by uses are cornpint and often involve speech or couduct prourn:ted by the federal and New York Stale constitutions. My regulation must be based on a careful analysis of past present and potential adverse impacts of adult uses upon the quality of life in the city's neighborhoods, as well as the effects of possible regulatory solutions upon protected speech This study includes ( l ) a survey of existing studies concerning the impacts of adult ent~r~=iem~, establishorients and of t~gumion of such estabiishznents in other locatiti=; (2) a d~scrilrdon of the adult enterr~inmr-nt b,t,i-ess in New York City;. (3) a review of studies ~,tl retxxts on adult entment estabLLshments in New York City;, (4) a DCZP survey of the impacts such esmb, lishments have on ce, mm.nlri,-- in tl~ City;, amt (5) a se$ of overall findings -,,d_ recom- tions. Definition of Adult Entertainment Establishments There is a vast array of b~ ~ my be considered ",only.- ~ include video and bookstore~ noteis, massage parloG, sex clubs, topless and bottomless or nude bars (not all of which serve alcohol), and peep shows. Materials my include sexually expficit videos or rnagazi~es. Services may ixr. lu~'bedy rubs, or entertainment such as nude dancing. For purposes of the DCP survey, an adult entertainrecur establishment is a commercial use tha~ defines itself as such tbzoulgh exP. rior signs or other advertisemenu. Thus, a "uiple-X or XXX' video store is an adult entcrrainnl~t establishment but a neighborhoexi video stole that devotes a small area to triple-X videos is not This self-defining.characteristic allowed the survey to focus on those establishments for which there is somm consensus that the use iS adult It also means that it is possible to obtain adult enterujument materisis. such as videos and magazines. at establishments that sell primarily non-adult materials and that some businesses that are devoted to acluit entertainment but do not publicly prociaXm the fact were not included in the DCP survey. The survey was further resr~ncted to three types of such uses: adult video and bookstores, adair live or movie theaters, and topless or nucie bars. Other uses directly associat-.d with the cornmetcialization of sex, such as massage parlors or brothels (which aiz not perraxcted in New York City), and sex clubs, as well as some of those uses indirectly associated with the commer- cialization of sex such as discos, motels, newsstands, and candy stores that sen some ~ult mag~ me.s, were e'x~ludfi~_ fwm the study. The term "adult use' is technically defined differently from municipality to municipality, but generally refers to a commereiai establishment that purveys materials or services of a senreal nature. For example, both the City of Boston, Massachuseas, and the Town of blip, New York, classify adult book stores to mean tllose that exclude minors by reason of age.! Other cities such as Detroit and Los Angeles classify adult uses ou the basis of the content of the materials shown or the types of acuvities that may be found in addt establishments; the uses empisasb~.e "speafied ~ a~vitie~" at "s'pec~ed ar.~uomical areas.~ A movie ~,.~,t~,. ~zt'ail~ showing adult films is an exax~ple of such a use. II. STUDIES AND REGULATIONS IN OTHER LOCALITIES Impacts Found in Other Localities DCP reviewed impact studi~s from the following municipalida: htip (NY~, I~s A~g~l~ (CA), ~di~apotis aA); Whither (CA), Austin (~, Ph~ix (~, M~a~ C~u~ ~), N~ H~ov~ Co~W (N~, ~d ~ St~ of ~ lslip, Ne~ Ynrl~ The Town of hap completed a study~ of adult uses in September. 1980. The study fortned the basis of new zoning provisions that allowed adult uses o-iy in lndusmal I Districts, by spec~ exception of the Boasd of Appeals. Adult uses would not be allowed to locaze within 500 feel of residential u~s and public faciJides, nor would they be permitted to l~t_e witl~ o~e half-II~ Of another aduk use. Isllp pt~ the one-buff mile n~putememt to ptr~ent a businesses visible to the driving public, th~eby binctering the a~ation By limiting adult uses to certain ~d,,ea~l zones, L~p proposed to pt~,ve~ 'skid ~ e~' k effo~ such u n~ p~c ~ ~ pm~b~on of ~ ~ ~n~ nd ~o~ on new ba It ~ ~ f~ m ~t 'd~ ~' ~m ~el~g in co~ ~ A~g m ~ ~, ~ ~ ~ avoi~ m ~ ~ ~ w~ Cidng its case study, Islip indicated that the main corapla~nt about a given ,A,h book stcxe is its proximity m an adjoining t~sidential axea. Other impacts included park~g in teeaclential mv. ts (store paxtons may wish to. "lxide' theh' automobile from view by paecjng away f~om the adult establishment). The study, relying on aewspaper articles, indicated that another impact is the reputed association of the adult book store opentots with organized crime. hllp's study stated that penons who protested the establishment of the book store feared retaliation: '. · · the potential for violence or other illegal behavior is clearly Ix~sib|e,"~ '~tucty and Re~omtP. c~lat~ttt foe Adult E/~te~lanme~t Businto m me Town of tslip,' Dep~m of Pl~nl ~ ~velop~n~ 1980. ~bid. p.t2 3 T'he in~vldual site analyses ldentsfied sirmlar impacu found in the case study. Some menu we~ located close to Residential areas. causing unchara~tens,ic parking tmpa~u, activity. noise and dust Other establishmenu located in declining downtown a~as cr,.~,,.d_ dest zones or discouraged shoppers from walking in pedestrian-oriented comraercial ateat Los Angeles, California In 1977, the Los Angeles City Planning Depal'tment completed a study$ of adult uses forthe Platruing Committee of thn City Council. The study was intended to determine whether a concentrauon of adult establishmenu has a blighiing or degrading effect on nearby properties and/or neigllbomoods. The study provided a basis for zom$ regulations adopted the fobowing year that prohibited adult entertainment businesses within l .CXX) feel of another rdeb b~_-.h~__ or within 500 feet of any religious institution, school or public park. More restriclive provisions were added subsequendy. Police Deparmsent statistics indies.'a a gr,~_~t~' pmpc~'tion of cetuin ~,,,~ in Hollywood (wlzre the largest c~;eturatioo of adult establisbmeuu is fc-,,,d ia the city) compared with the city whole. Other impacts conM be trat. ed to public gotst The v:udy examineRt public t..~ime,ay found titat ma~y people, patticularly the elderly. were afraid to walk the stzeet$ in Hollywecxt Others had ~ ¢oncea'n that cb~ were being ~ to senally explicit m~t,,~iah unsavory persara. Some businesse~ were ao longer r~u~ning open in the eveaingl ami others had left the atea allegeally dire~ly or indirectly because of the e~,h|khm~t of ~,'l,~t busiaesset Some churches in HOllywOod were driving the eldetty to services and others were providing private gua~ in their paring locs. A survey of real estaze professiouls indicamd that the concentration of adult catabtishiaenu had an adverse economic effect on the value of commercial amd residential property. Business persons believed that the q~lity of life and business was adversely affected by litter, gra/~d. difficulty in recruiting employees ~d retaining and attracting customers. Also noted was difficulty in rendrig office spar.= and keeping desirable tenanu. 'S u"ev of the Effectl of rise Concentrauoa of Adult Entertznmeat Establishmenu m the City of los Angeles.' los Angetea City plarmsng Department..¢une, 19T'/ Indianapolix, Indiana The indianapolis Division of Planning undertook a study6. published in 1984. to determine if zoning controls were warranted for adult entertainment businesses. The study recommended that actult uses should be allowed only by special exception in commercial ciismcu oriented beyond a neighborhoocL ~.nd not within 500 feet of a residential, school, chtm:h or pazt: property line, or nistonc m The Indianapolis study analyr~ orin~ ~,t=. including sex crimes, and ~ e.~,,.. ~ra. including a national survey of real estate appraisers. The study cautions that the analyses should not be cansu-ued as conclusively proving a causal relationship between adult u_~e~__ and increased or decreased proper~y valu_,:~_: However The study found that major crimes occuzred in study areas that contained at l~ast one adult enr~1alnment estabBxhx~-nt at a me that was 23 ;~:~nt higher than six control areas (similar areas but without adult estabiislunents). and 46 percent higher than the Indianapolis Police District. The average sex-related crime rate pet population in the control areas ovet a five-year period was 262, while that rite for the study areas was 46.4. A survey of real estase pmf~_~!onals was unctet~,l-~ in onnjunc~ion with the Indiana Ualvenity School of Business' Division of Resea~h. It consisted of a 20 pe~ent random sample of nationwide membe~ of the Amorican Institute of Real Estate Apptahers and a 1130 percent sample of Member Appnisets Institute mereben who prepiced in 22 Mem:~olitan .~t~tieflc~ Areas (MSA) of a size eimlhf tO The appraisers were asked to ~ive ateh' ~bes~ professional opinion' about proper~y values in a hypothetical Sit'Ua~ou whe~ an adult bookslore was about to lncate in a middie-income, residential neighborhoe~L A majority of apgralsets (73%) responding to th~ utianal sur~ey thou t that an adult bookstore located wiehln one block would have a ncga"ve effect on the value of boat residential (80%) and c. omme~al (72%) properties. At a ~ of three bloclc~ 71 petrent thougin thai the ~ of sm adult bookstore fell off sha~ly so that the impact was negligible on both ~sidential (64%) and comznctctal CT7%) properties. 6 'Adult En[e~mmem Businesses m Indianapolis. An Analysis.' Division of Planmn~. 19~l. 5 Whittitr~ California In 1978. the City of Whimer. citing "o~erauonal characteristics which my have a deleumouS effea on immediately adjacent residential and commercial areas," defined and regulau:d adult u.~,.s tl~-ough a conditional us~ permit.7 The urgency measure was bas~ on the Detroit dispetal pending ~ pla~difig study of adult businesses and subsequent legmation, if necessary. The purpose of the study and eventual legialadon was to protect adjacent commercial and msicbmtial districts within the City frotu the "passible blightlag or dewng~ttlng effect of adult although the study cautioned, however, that adult businesses were only one of a variety of factors influencing the study areas. The study found high~ mover rnt~t in commercial and residential areas adjacent to adult ,_o~__; A compilation of police stadstic~ indicated that all of the nude model studios and three masngc parlors were actively involved in prostitution and that a number of aasaulu and thefts hmd ~ on ~e premises. Thet~ wer~ also numerous reports of exce_*--siv~ nora, dt~nle~,nn~s asi pornographic litter connecsed to adzlit busincsse~ A comparison of 3g t3~ae=s of cl'imifitl ~ between two time t~'iods, 1970-73 and 1974-77. showed a total incazase of 102 percent forthe srady mat conrag adult businches while the city, as a whole, only had an eight pemzut incre. a..~, Citiz~ns~es~datseve~ubli~h~a~ing~a~xm~ttheirfe~r~fw~lld~g~nestt~/s~zee~s~ of t~ir elxilct~u Iseiug confmm~ by offensive indivic~,l, or export to sexually explicit mauuiaL and some r~ported tint bushtesses tad left t~ m The report discussect the aifficolty of assessing tl= moral and emotional irapan of adult btmnesses on a ueig$ ~ sugg_~,_..~ that it could ~ gauged by commuaity otm'age- The study concluded that the prolonged concentration of adult businesses adv~'tsely impact neighborhoods bss~ on ~xpetiena:zs in edgr municipalities, and r~.mm~d.~_ th~ ~guhtion of a variety of defined serdsny-ori~hted businesses by locational restxictious within portions of industrial areas and shopping ceuttt~ subject to a conditional use permit. 'Staff ReiDoff. Whittier GW Planning Cummissta~ Amndme.t to ~mng Re~latioM. Adult ~ne ~m COnditio~ O~ Pe~tt (~ No. 353.0151, l~u~ 9, t~78, 6 Austin, Texas In ! 986. the City of Ausun conducted a srudya to provide a factual basis for the development of a new ordinance regulating adult-oriented businesses. The study analyzed crime rates, comparing areas with adult businesses to other axeas containing sirrular land uses but no adult businesses. The results were that the sex-rei,_L,~_ crime raze was between two and five times greamr in the areas with adult businesses. The study also showed that Lhe sex-related crime rare was 66 percorn higher in areas having two or more adult busi-,~-~_ ttan in those ateas having only one such business. The study included a survey of 120 real estase brokers and appr~al fu-ms. The results showed that 88 percent of the respondouts believed the presence of an adult business would ebb-ease propetW vaJv,'~ of t~idential pro1:~-rW within a one- block radius and 69 pe~:ent felt an ~d,tlt use would reduce the value of commeraal property widsin the sac tadira. Phoen~r, AriZona 1979. the p{,,,i,$ Depart~eat of Phoenix designed a s~ m ~i.~ if ~m wu a con~ng ~lt bu~in~ ~ ~ o~ si~ ~n~i ~ ~ ~d n~ cov~aia s~u~ busines~ ~ There was a signiticantly g~_~r_-:r_ differenc~ between the study and control areas for sex-retail crimes than for property or violc~t cril/~s: lift overall incrus~ Of siX dines the sex ct4a~ rate in the studyax~asoverthecoalxolat~u. Although mo~ thaa haif °f the an~u f°t sex crimes were for indecent exposm~ t~ remainder~f sex crim~ remained significantly high. h oue sm~ area with a concenwafion of adult businesses and the highest number of report*d sex crimes for ',~ zr~s studied, 89 portent of the reported indecent exposure cas~ were committed at the adareas~ of dz adult businesses. When compged to its conuol ~ the sex crime raz (pe~ 1,000 residences) for that study area. was over 11 times gr~a~';, in the remaining two study ar*~e; which e~h contained one adult business, the sex crimes rate was four times and almost thi'ee times as great as the comparable control arus- 'R,~,c, On Adult Oriental Businesses m Austin.' Offtc~ of Lana Developmenl Sennoel. City of Austin. May 1986. 7 In I988, the Attorney General of Minnesota formed a Worldng Group on the Regulation of Sexually-Oriemed Businesses to r~vtew data p~sented by various jurisdictio~ w~thin the ~t,. 9 In 1980, the Mir~neapolis Crime prevention Center examined the effects of sex'ually-orieat~t businesses upon property values and crime rates, The study concludeci that such bus~e.e~s coneenu'ate in areas which are relatively deteriora~i but, at most they may sliglstly contribute to the continued depression of properW values. However, it was cleat that sexually-oriented businesses had a strong negative impact on the crime rat~. The sr~ditiOII Of oBe Sexually-oriented, business to a census trot azu caused an increase in the overall crime rate inde:¢ in that ai~ea by slightly more than awe percent pet 1,000 people/~eer. in 1978, the SL Paul Division of planning and tha Minnesota Crime Cont~l ph.eing Bcm~t conducted a joint study of the relationship between adult uses and nei~htxn~ood bliSJ~. Tb~ found a s-,fi~tieully ti~li~,'.,,t cor~ladon between the ltr.fion of adult bttlinm ~nd uei~Jt~r- hood deterioration, although adult busram tend to locate in somewhat dcteriotated areat Housing values o~y one ad~t ~i~- b~inm ~ m Manatet County, The PlanrAng and Development Depstmes of Manatee County undertook a susdy to investigam the impact of a proposed adult enter~ninment ordinance. The study recommended that adult uses be limited to commercial locations at least 500 feet from a residential district and l,O00 feet from churches, scho~tt child ¢a~ fal:ilities asl public recreation areas, Also, no iulult establishraent should be located within 1,000 feet of another such ~ Manatee County relied on sraclius of othea' citie$ to identify the likely impacts of adult enteminment establishments- in addition to those of Boston, Detroit. Los Angeles and indianapolis, studies from the following cities were t~vicwedi Austin, Texas; phoenix, Arizona: Saint Paul, Minnesota; Report of the (Minnt?,~ta) Attorney Generars Wor~ng Group on the Regulation of Sexually- Oriented Businesses, lune6. 1989. Amanllo. Texa'~: anck Beaumont. Texa~. Impacts found in these smd~ inctu~ a ~lmvely ~ inc~dcn~ of cn~ i~cludmg scx-~lat~ cn~. d~limng ,eigh~ co~ifio~. a si~ificut d~e in residcn~ pm~ v~ue when morn th~ ~o ~lt b~ w~ feud ~ ~c~ inc~ed gl~, no~ ~d ~c, ~d a d~ne of neigh~n~ b~m~ ~ong ~e study ~o~e~d~fions, M~a~ Co~W na~: The sign ti dften the most notable physical element o,f an adult entertainment business. Adult entertainment signs should be controlled to protect the general public from the negative aesthetics of 'poor. caste." Sign contiols should be considered which seal protea business's freedom to adverase, but also minimize public's exposure to such usa. New ttanover County, North Carolina In July, 1989, the New Hanover County planning Deparunent published a studyto in supIsle of proposed zoning text amendments d~signed to control the locaUon of adult entertainment buli- nesses. The one or two adult businesst~ located in the County had not generally be~ a problem; the proposed zoning l~guhtious we~ cotmde~i preventative. New Hanover, ~ M.,,~s,~- County. ~lied on stmiies of offset cifi= to preaicate its zoning ~xt ~mtn~lm,,nn I I l~enthl 'adver~ im~cu from ad~lt ~i~ and adult -~-~_ in con~nn- lion could be anticipar,'~; acr..otding to the re[~o~ bas~l on studies completed in Boston, Betwit, Los hageles, hdilnapolil, Belmnont, Ph~lfi,v~ AmnrillO, and others, Those in~act~ have identtied in the discussion, abov~ Regulations in Other Localities In communities thgoughout the United Sta~es, adult eulet?,~jnment uses have ap[~ared recently within or clos~ to stab[~ tesid~l.tini ate. u, leadhg many commumties to adopt rulu placing locational and other r~wictions on thes~ use& In the New York metropolitan ~ many Long II 'Replant d Adult Enir:talnme. nt .r~st. ablish~enu in New H~v~ ~ua~,' New H~ov~ C~a~ Phnnial ~n~ July, 19~9. New ~Ov~ ~ ~ ~ fotloM~g smdi~ in iu ~ly~ of imp~ in o~ ci~: M~do~, B~ W., ~ning for AauIU Only,' ~ni~ News. August 19gS, pp- t-3. yBw, Ro~ B., "Adult ~t~nm~t ~ning: A ~ S~y,' C~mtlna Phn,m~. VoL 7. No. 1, Sp"ng 1981. pP. 3341. 9 island commumUes ([slip. Brookhaven. Srni:l~town. Babylon. and Flunitn~o:, c,'uoug others) have enacted zomug ~ia~ons ~at resmct the {~ation ~d o~tion of adult busin~ ~ ~ene~, ~e ~c~ons ~mpt to protect residenU~ ud co~e~i~ m by ~owing ~ ~ e~y in low-visibiH~ ind~m~ dis~cu. tz In St. Petersburg, FiQridz, the city's 1993 adult entertainment ordinance resinors adult -_?~_ to a handful of locations in'the city and forces existing adult businesses to move within a years time. IS In communiu.'es axzrund Atlanta, Georgia, new nude dancing operations now require a rezonjng and aze prohibited within 1,000 feet of residences and communit~ facilities.la Orange County, California, requu'es a special penal for topleu dancing clubs. i s In lackion, IVihsiuippi, a 1992 ordinance re'ethers topless bats and othe~ adult businesses to areas zoned for light industrial ese~ and requires distances ranging from 250 to 1,000 feet from residential uses and commuuity facilities. 16 [n San Diego, California, adult entertainment is not permined within 500 feet of school or home or within 1,000 feet of another adult enter~mment use. 17 Los Angeles euacu~ simile, ordinance in 1988.zm Seattle, Washington, rceantly enacted an ordinance rcsmcting stores to manufacu2ring zones 1,000 feet away f~om churches, residential a~'eas, ~choots and ply/ grounds. 19 12 la 16 19 .Tim P,,,-s,,~herk "fwm Ogs )-.Month In!ale On P~m.' New Yo~ News~ty. Ner, h 1~3. p.l. A~i 19, I~. ~uli~ R~ ~oplm Bu Ha lu E~ on Auto ~l in ~a ~s~" ~e S~, Diego Union- ~ May I~ 1~3. p, B-I, Jo~ Mey~. '~ ~ for New ~g~ W~ on Pore: ~w Enfo~em~ A ~ning ~inMce ~ll ~ ~e Chy's Maj~ Wu~n u it S~B m Shut Down Po~opphy [ o~ Anpetn ~m~. Jan~ 27, l~. p- G~e Wilson. ~ukwila Ap~% And-Po~ C~ - ~nin~ of 'Adult' Oude~ At Seattle ~mn. Ftb~ 21. t~2. p. 10 DCP relied on a variety of soun:es. including the Planners Advisory Service of the American Planning Associauon, to obtain information about how other cities regulate adult entertainment establishmenu. The Manhattan Borough President's office supplied information obtalne~ from the National hague of Cities, and informauon tha~ they culled for the Borough Pr~idenfs Task Fore= on Sex-Related Businesses. Although some of the referenced m~tenal used heroin may be and the cities may have adopted more recent regulations. the purpose is to illustr-a~ ~fferences m regulato~ stnze~P~.' Essentially~ two tyros of zomg regulations have been developed to control adult entertainment establishments. The control techaiques include the concentration of adult uses in a specified location, and the 4ispersal of adult uses apart from one another. Dispenal models ofzen exclude adult uses from areas in proximity to residential disuicts while also limiting their concentr=ion wher~ they are pertained. Concentration models ar~ guid,-! by regulation~ develc,t~l for Bosch. Massachusens; dispersion models follow the D~tmil, Michigan ordinance. TI~ De=ult dispersal model has been used more often than the Boston concentnzion model to control Use location of adult enter~i--s--~ ~stahli.shzn~ts. CONC~NTIU~TION MODEL~ Boston, Boston established a two-block -~d,,l~ enqnlsinment disrict" in a downtown "cornboa zone," where at~vi"""ly ~ pere~ of ,.,h,l~ uses in the city were cancentnnsL The purpose of Use disuia was to Fevent the sprest of adult uses m other ares of the city. Under the Boston zoning code, an adult entertainment disuia may be esmblished as an overis? district superimposed upon existing zoning The overlay district allows adult entertainments and bookstores that are characterized as such because they "exclude minors by reason of age." According to information provided by the Boston Redevelopmeat Authority, adult use openton will prohibit attendance by minors in order to avoid violating the Massachusetts obscenity law. The overlay d~ma allows the use of moving or flashing lights prohibited elsewhere in the city, and generally has fewer restrictive sip regulations compared with other Boston disroots. Outside the ove~ay dismet. preensting adult establishments may continue unless they have bccn abandoned for at least two 11 Seatilt, Washington, and Camdin, New Jetsty Seattle a~d Camden have developed zoning regulations generally following the Bos~on model of concentrating adult uses in one or more specified areas of the city. S~attle allows adult motion picnxre theaters in only three business and commercial distrim. Non-conforming adult theaters ranst be aiscontinuecL Camden has set aside a single area of the city where adult uses are pertrotted. 'Camden believes such a strategy will f~ilitate t~e city's ability to police adult establishments. DISPERSAL Detroit, Michigan 1972, Detroit amended its "anti-skid row" zoning ordinance, which prohibited contee- ' trotions of certain uses. to include adult theaters, mini-theaters, bookstores and cabare~ Not more than two ,A,,ll businesses my be located within 1,000 feet of ~ other or within 500 feet of a residential area. The Detz~it ordina~.e allowed a waiver of the 1,0CO foot r~g~adon upon ctttain findingl by the Zoning Commission: the 500 foot requlxement is not subject to the waiver provisions. T'ae Dem:~t ordinance applied only to prospec~ve uses. Atlanta, Georgia, and Kantat City, MIssouri Atlanta prohibits adult b4~kstote$, theaters and entertainment establishments from locadng wiehin 1,0OO feet from any other such use. Adult uses my not be locztexi within 500 feet of residential uses or houses of worship. An original amonizatinn provision was amended 20 .fules B. Gu'ad. Local ReVutatio" of Adult Businesses. Cl~rk Boardman Callugh:re. 1988. 12 subse~uen,y to apply solely to bath houses and to comply w~th a judicial In Kansas City, adult bookstores, motxon picture theaters, bath houses, massage shops, modeling and body painting studios may be located only in certain commercial dis~ctS, over wMch an overlay is placed. The adult uses may not locate within l,O00 feet of a residex~e disU'ict or a hou.se of wors~p or school. No more than two uses my be located within feet of each othet~ 'A petition of consent by a majority of residents or proper~/owners witch 1,000 feet of the proposed use may be made to the City Plan Commission to waive the restrictions on locazion. Angeles, California The Los Angeles ordinance regulates adult =ca, bookstores, cabarets, motels, motion picmr~ theaters, zdult theaters. masuge parlors, and sexual encounter establishments. ~ establishments are characterL~d by their emphasis on specified sexual activities or speckSeal' A i984 amendment to the otdin,anetzl ad,~-,t that an adult elltett~i-mLettt business may not be located wifhin 500 feet of any lot in an agricttinnl or residential zone, or within 'l/mited commercial' zoae~ unless appmved by e-,'ff~i,'on. No mo~ tan one ,a,,t, use may be located within any bag containing another adult enat Rdmak Pan4ek L 7nt~inf vtd r snd U~ Canals. N~ Y~ M~ B~ A ~., 11-3~ N~ 3~ ~ ~ Of ~ ~endment is m ~'~ ~ ~ing ~i~ ~f~ d~i~ oe ~ Uni~ S°~ S~ ~ in re~W z Amt~c~ ~ ~,/~, ~ J~ 24, 1976).., ' V~ ~n~ ~ve ~ m~ m ~ ~i~e. incl~ng z ~sion pm~bidng, M~ ~ t988, ~e ~n~n~ ~n of adult b~in~ I~a~ M~in ~ne ~ a confomng sire is n~ 't~nably avalable' el~. su¢¢,~t~lly c~leagM on ap~; ~e ~sia ~P~ a a ~ ~ not pm~d~ subcleat n~ of ~ble ~l~on stt~ abadging meir Fiat ~endment ~ v. City of ~s agelu, U.S. ~ of Ap~ts, Nin~ Ci~uiL 989 F.2d 1524, in Dad Use taw ann Zo.in~ Dieest. Vol. 45. No. 9. Septemir 19931. ~3 To~n of l~lip, ,Ve~ Yor~ Islip's ordinance is noteworthy in t~at it has been the subject of litigauon reviewed by the New York Court of Appcals.~ lslip defines adult uses to include adult bookstores. drive-in theate~ cabarets. motels. thenten. massage es~biishments. and peep t,hows. As in Boston. n;l_~lt ~ a~ chara~e.r~.d by their exclusion of rnmon by rusaa of age, The ~omng otcLinance tesu'icts the location of adult uses to Light industrial districts by special exception of the Zoning Board of Appeals. Adult uses ate allowed as-of-right24 in Industrial Districts, and prohibited from locating within 500 fe~t of any area zoned for ~ictemial tt~ or any school, pact or house of worship. In addition. an adult use may not be lcrxt. d within a one-half mile radius of another such use. These mtriaions may be waived based on f,u~mga that the proposed use will have no negative impacts. No more than one adult use my be located on any lot, The Isllp orcLinan~ also contained 3.tllot'"rh'~eaa provisiOnS for u~ which became non-conforming. Change, llliauisaz Chicago also foil~w~ the Detroit dispersal m~ for m~g ~ l~on of g~t end- meat ~lhh~nU. Hawed. ~ 1~ ~agO es~ a ~uing ~mnt f~ ~ One of the prhnm7 purpese~ of this tagelation was to prevent or lirait the involvemat of organized ~ at othea' syndicale4 ia th~ operation of adult-use establishments.The Jim application mqui~ the prospective adult ug operator to provide a great d"-! of Izrsonal and financial information. If the establishmeat is to have a manager. a separate manager's staremew mmt also be filed, The prosper. five opemor of a sex-related business is also required to sign an affidavit 2~t ~5 Town ef Isl~ v. Cavillie. 542 NY~:, ~A t39. The Appellate Divisiom Ser, amt Depotresent. invalidoral and severed the provision of the ordinance ~ tequ~t,~d guit ~ m obtain a spe~zi perauL Lnfotmation oa Chicago's regulations is b:ued on a memorandum prepaxed by the Manham Bo~'~ugh President't, Office for the flowugh President's Task Force on Sex-Related B~sineues, June |7, 1993. ar,~st~ng to those activities that will occur at his or h~r establishment. If', For example, the appticant sign~ an affidavit saying his or h~r business will b~ an .adult-us~ book stor~ ~t it is later det~rrmnett that a "mini m<~tion picture theater" is also operating at the site, the lic,'nse can b~ r~voke~ III. THE ADULT ENTERTAINMENT INDUSTRY Industry Trends Adult entermnment iS a multi-billion dollar, international industry that includes an ever chan~in~ ~nd expandin~ ran~'e ~f activities. ~6 The la~st ~tioas to the indus~ inciude phone-sex lines, international computer networks that offer sexually explicit me,~age~ lingerie mo~ling shops, and 'upstale' topless ban or m'ip clubs atering m businessmen. It is difficult to obxain daxa on adult use orgax~utions -- they often consist of t maze of companies thax openre retail or service businesses, or dismbuxonhips. Linkages have been reposed ~ecn S~p~-~ly orien~ businesses and organize, d crime. Iv All, hough it ha~ some signi~cauc changes in recent yean, by most accounts the indusn'y is boohung in the United S~ages. The tremendous growth in adult video sales and rentals ~nd the resulting dectine in the' number of adult movie the~'~ is one siEniflcnnt change in ~e industr~ ov~ ~ iut l~n Anoth~' is th* enu7 of lower-end Iriple-X video enu~:n'eneun whose ol~n~io~s I~ve emetted in many New York Ch7 neighborhoods. Adult Video Sal::# and R~ntais As documented in x~ent newsps~pef and n~gazine a~iclcs. adu|t video sates ahd rentals a~e a sediment of the indusW/xhaz has expefience~, sii~icant Srowth since 1980. Indos~ insidexs contend ~:xat desp~ a 1986 Re,an AdminL~nn'on 'all-ouz campaign' a~-~nst porno~x-~hef. 'th~ aurabet of adult-~d_-,,_ make~ and their videotapes has rise~ c--~'~ anx=zur videos have pmlffer- atcd and uhe indu~u'y has exp2xded beyond ma~.ktes and videos to oumpU~t netwod~*2g One trade monthly, Adult Vid~ News, reported adult video sales and re~t,~l, hi g~lR~f~ iZl~.e~$t Vil~ StOreS have so~'~l 75~ ~ 19~j l 'tO $Z I billion lasl year, and by huhdreds of millions more if 26 lnfo~oe con|lined in this section is based o's an extmve review of relent newspaper aructes off dm adult e~em indusm/, Given me ~,ent pmlifenuon of adult vidae smms and topless entertainment in New yod~ Cit'/'S n~sghbenhaods, the litenmre ~ focusel pnman|y on mess S~xe of Minfm!c~, °R~-~:, of the Attorney Gencrsl's Workinj GrOup on the Reg~htion of Sexually O~en~d Bu~ines~' -tun" 6, |989 'Desptte U.S. Campasp, A Boom in poreognphy,' The New York Times. July 4, 1993, p. A- 20. 16 adult-only outlets are included. 29 Thus, Adult publications and videos are readily available at newsstands, general vtdeo stores and other ouUets that are not characterized as adult enmrrsi,,,,3eat establishments for purposes of DCFs study. Concurrent with the growth in adult video is a decline in the number of adult movie ~ The Adult Film Association of America recently estimated that the number of adult movie theaters across the United S~tes had declined from 800 in 1979 to about 50 in 1990.3o The esumate appean low considering the number of adult movie th,.,,ms Io~,,,.,! in New York City alone, The grow',.h in the adult video sales and rentals segment of the adult inchamy is directly te~or_-,,! m the increasing availability of inexpensively produced triple-X videocsssenes that have flooded ltz market ifi recent yems. Adult video producers have cut costs dramatically by shooting on videotape rarer than film. sh~3ting for fewer days, cu~ing the len~,h of scripts, using cheaper sets, and slashing production budgets. Performers' salaries, even for top stars~ bare diq:~igd steadily from more than $1 ,000/day five yeats ago to as low as $1O0/day. Adult Vi~_,~,_ New~ estiLn_,ree that in 1983, eight percent of the releases were shot on videotape, with the be junta shot out film_ L-~et ye~t, 97 portent of the relete, ea well shot on videotape. The Adult Video ~ videocasseae to plunge f~m S100 a f~w yean ago to as low as S5 today.31 I:~spite criticism tim tim S,~ en~ in the sex industry sn~ delivering an inferior m demand for limit products aplsests to ransin strong. One Los Angeles-basel coralsany, Evil Angel ProductjOlts, is typinsa of ~ latest ptodllc~l of cheap adult videos. The cOlDpony grossed S34,000 in 1990 when it produced and re|essed eight tapes. In 1993, the ontopony gr~ssed $1 million by shooting, manufactlRing sad distributing a new hard-core videotape every tla'ee weekS.S2 Sale~ for anmhet Hollywood-based price-tuner, Video Exclusives, rose from $3 million in 1981 to $30 million in 1991, Other lard-core video produtch in Hollywood, where about ~0 29 30 31 The Wall Sineel feereal. luiy S I, 1994. p. I. Iohn Needtm~ 'C. mne With ~ Sin: Closure d Adult TI,,',.,~'' in Saner Ann Reflects Trend C~dited To - Of Btwa~d On - The Videeeauale Revolutjee,' ~ ns Aneeles T~m~. Augur. t 14, t990, p, E-I. Iohn Johnsoft, ~am:t fe ,qltoeg, But Police C. rg:kdowns am:l A Saturated Mlrket Spell Trouble [or One of L.A.'I RiggeS~ Rusim" ! ns Ant, e}es Time, Februlry 17. 1991. p. 8. 'Despite U.S. C,u,npaigP. A 8~>~m in pm'nogr'aphy." Th= New York Times. July 4. 1993. p. A- 20. 17 of the naUon's 60 or io maaufacture~ o[ hard<ore videotapes are located, report sircular growth.~3 Despite these successes, some in the industry believe that the market for these pt~xiucts has peaked and that the novelty of pornography will simply wear off over time. Triple-X videos axe sUll a billion-dollar business, says Gone Ross, an editor at Adult Video News, but the businca "peaked a couple of years ago and is on a downward trencL"~4 However. as one Los Angels police expe~ on the indusu'y expl.ai.us, "No one should rush to write the obituary for porn. Althougl~... the business climate has become tougher, the industry is not ILkely to aisappear. The enuepreneurs of sex have proven that... many people stir really wet the smff."ss Topless Entertainment In recent yeats, upscain toplea clubs have become a booming segment of the adult enmrtaim~,m industry. An article in The New York Times describes the pwliferation of topleas ban as a national phenomenon in large cities. s6 According to a recent telran in New York Newsday, topless clubs that cater to a young, affluent clientele have become one of the fastest gowing and most lucrative segments of the adult entertainmat industry in New York C. ity. By ~ ~fim,,~e; the toplea club industry in New York City is a $50 million a year business'employing about 1,~00 dancers. 3? In two yea the number of these diuta ha gown from about ~ive in 1990 to mete than 30 in t992, not including clubs timingout the city that operate without liquor licenses. al Several factors appear to have influenced ,the recent proliferation of upstale toplea clubs in New York. First, responding to the devastating effects of the recession on eating and drinking businesses, some entretn~neurs have tetooled tlzir establishments and used toplea performances as a succ~sful marketing device to win back their affluent male clientele. Second. the clubs have 36 3S Idm !drama, 'Dennnd Is StemS, But Police Cz·ckdovnt~ and A Samr~-~''4 Market Spell Trot·bin for One of LA.'S Biglea Bt~ine~as.' T ns Aeleles Times. Febtasty 17, 1991. p. S. told. 'Strip Clubs pulsing On · Suit and Tie.' The New York Times. p. 8~. Mar~h 26. 1994. Walrtt Fee, "Bate Mazkes: F~ New Upscain Clubs. lt's Boom and Bust,' New Y~c Newsday. City Edisioe. December 20. 1992, p. 7, Fold. shed Lhei.r 'sl~-~"y" r~pu~,~ons ~d become sara, clc~t s~ndings f~sh~d wire e~r a~o~ such ~ gi~t clo~ c~R ~ie~sioa sc~cns, p~l tables, ud ~r h~key. ~d, the iast~t finuci~ sucks of ~e new~ upsc~ ~opt~s clubs in In a recent interview with New York Newsday, lay Bildstein, the owner of Scores, a topless "sports b~r" on the Gpper East Side Of Manhattan, explained that while the new ctubs my vaz7 ~eatly ~n style, the corporate org~on is often similar. Club owners t~ically contrza with national or~ra~i-=Hons which, in exchange for a pen:cnug~ of gross income, recant and rnad~ th~ dancers. In the New York a,-u, Goldlingers and Pure Platinum are two of the most succtuful national marketing orga~i_~=rlons ~a~t with local topless clubs. Typically, the dances a~ treated as independenz contnc~ors, thereby releasing m=nagenlt~t from the rupo~ibiliv/for wi~holding meg or social __u~_,_tity, and prutecting the club owners from potential legal fiabiliW for the dancers' behavior. The vy~pical customer is an affluent male repeat custome~ between the of 25 and 30.39 C~.tam factors aFF. zr to be influencing the __:e~,_t pwlifenmoa of uipie-X video s~ ~ a~ P~ S~ ~ Fo~ ~illt F~ ~ a~ of low~d~ ~ ~ ~1~ in~ing nm~ of low~d ~m en~ m e~ ~m a ~t ~t wu p~a~y to y~ng b~ ~ m~ to ~ Inventory and Trends, by Location and Type The locations of adult entetminn~,t establishmenu in New York Cit7 that were identified by the DCP survey in 1993 are shown on the following map. Data in this Section was obtained from different sore'cos, and my reflect differ~t,c_~_ in dc~hitions as to what constitutes adult enter, aln- merit. Pre-1993 dam is presented because it is the most thowugh available and. outside of Midtown Manhattan, provides an unde~st3nding of the location of adult uses at that ume. 3g Molly Goniy, 'Whas's Under the Paint? How to Keep the Law Happy W~en Topless Business." New York New~dav. Manhatt~ FAiLran, September 17, 1992, p, 29. t? Citywid, Trends: 1965 to 1993 Citywi&= trends in adult entetuinm~nt establishments ate indic~eti in Table 2. TASLt 2 CITYWIDE TRENDS IN THE NUMBER OF ADULT ENTERTAINMENT ESTABLLqH- MENTS Yezt 196S 1976 Total Numbe~' 9 15 ! Sources: tg6'l. taa 1976 ,~.,- Ofttc~ oi Midmwa g. nforc~m~nt file ~ of Ca,/Planning. 1984 I 1993 1984 ~'-,-~ Potic~ In 1965, the number of adult establishments was small because the sale and distribution of pornography was largely re~trict~L By 1976, most restrictions were removed and the number of adult establishments burgeoneci to 15 I. Between 1976 and 1984, the numbs' of adult ente~i-ment esxabllshznents declined 13 peaeat. from tSl to 13l cityv/ide. in Midtown Manhattan alone, t~ number of adult uses declined by 48, from 97 to 49. This may be attributable to enforcemoat efforts by the city, the star of major consmac~ion projecu in we,~ Midtown that incre. ased investtt con~dcnc~ in th~ aru, and r.,hsngg t~-hnologY.47 However, th~ decline was offset by an increase of 2a edult uses, from 30 to 58 establishmen~ in the other boroughs- The decline in adult u.~ in the Midtown area is probably unrelated to traz increas~ in such usts to other aroas of ths city dm. inS that period.~s Between lgg4and 1993, th~ number of adult entttuinment e~.shll,heu-nt,I increased 35 pen:znt citywide, from 131 to 177. Tais stand--analyzed below-can be anxi.t~t to th~ advent of th~ adult v~deo sto~, and grux~ number~ oftopless or nud~ bats streaming ft0m thcir changing, upsc~ imag~ Z'rtnds by 8ora.l!~ Between 1984 and 1993, tl~ [;p~_t~q~,inc~ases in adult enmr~inment estnhli~hmen5 were found in Manhattan attd Q,_,,.~at Both bottmghs had a 47 percent increas~ in acttat ugs; from 73 to 107 in Manhattan. and fi~m 30 to ~,4 in Que~u. Adult uses in the Bronx declined by two, from l0 to cighL In Brooklyn, adult establishments decreased by one, from 16 to 15. Staten Island had an increase of a single e~tablishment. 41 Mo~ ctet~al~l analysis indlestea t~at the doGline i~ adult uses m Manhattan was in bookstore'./peep Shows and ~elt~'l: tl~ in~'u~ in adult u~l in Ig~oul~, ~ t.'~n Mat~hattat~ was latlgcty from top|~l ~ 1983 Annual Report. Mayor's Offic,' of Midtown Eaforccroene. p. 36. Citywide Distribution of Adult Uses by Community District Distribution of Adult Uses Among the five boroughs. most adult cntertmnment establishments continue to be Iocamd within Manhattan. In 1976. 80 percent of all such uses were located in Manhattan, decreasing to 56 percent in 1984 and increasing to 61 percent in t993. Queens has had the second p.~t,Nnt concen- u-ation of adult uses in New York Ci~/. In 1976. Queens contained i I portent of the cit?'s .d,,It uses. rising to 23 percent in 1984, and increasing marginally to 25 percent in 1993. The Bronx. Brooklyn and Smmi Island es:h have less than l0 percent of all ~lnit esmbUshnrats located in r. he civ/. Trends vithin Cat#gorits of Adult Uses Between 1984 and 1993, the number of adult bookstores/peep shows/video stores increased citywid~ 197 percznL from 29 m 86 emblishments. Adult tople.~nud~ bm also increamt dumg t~e penoct. by 26 petrent, from 54 m 68. Adult movie and llve th_¢,t-~s dec:Lined over the period by 52 pe~:ent. from 48 to 23 estabUshntentt Adult theaters deelined from 41 perce~t of all ~dn!t ~ in New York City in 1976, to 37 portent in 1984, and 13 percent in 1993. Bookstores/peep shows comprised 44 potent of all adult usns in 1976, dermh,hI to 22 pe~eet of the total in [984. However, in 1993, the category consisted of ,&9 peru:erie of the cit,/wide mtxl numbe~ of adult enter, ainmem establishments, reflecting the ~ in ,~,,!t video establhhmems fzotn none reported in 1994, to64in 1993. In 1993, adult video suxes made up 74 pezr. entofallestab- age gain among aR -,4,,!t um sinc~ ~h~ mid-i970s, Topless and nude ban inczea,led theh' share of all adult uses between 1976 and 19M, fwm 15 percent to 41 patmat, realmSrely. By 1993, adult ban -- although continuing to inazese in absotutenumben_-dr, lined .as a par. enmge of all adult uses t° 38 ~ °f the t°ul' re~eaing If gzow',,h in the various iegn~ts of the business continue over the next decade at the same ram as they did between 1994 and 1993, by the year 2002. there woulA be a 197 percent increase in the number of bcokstore/peep shows/videos from 86 to approximately 250: a 26 percent incrcase in topless/nude bars from 68 to 86; and a 52 percent decline in the number of adult movie and live theaters from 23 to l 1. 21 Trends in Conetntraaons of Adult Entertainment Establishmen,,, by Community District Ber,veen 1984 and 1993, adult entertmmnent establishments have continue~, to c~.entrat6 in a f~w commuraty districts in Manhattan. Citywich~, th~ number of community dismcu with o~ or mo~ adult uses has rema/ned relatively stable over the period. However, adult uses have mcrath/ located in n~ighboffioods within commumn/disuicu where they had not previottsiy been. Sigmficantly. the number of commumty districu with seven or more adult entertainment estab- lishments tripled between 1984 an 1993, from three to nine, Community distria desiSnstions for adult etaablishrnenxa identified in the 1976 rax-v~ at~ not _rn,fily di_~;_nuble. Table 3 indicates in rank order the number of adult uses within each community distric~ in 1993. Districu without adult uses are not listed, In 1993, the majority (53 per, rat) of city were locamt in Commm~ Distrin~s 1, 2. 4, and 5, 22 1993 RANK Rank ORDER OF COMMUNITY DISTRICTS ~ ADULT USES Community District* Establishmenu in Each District I MI 53 2 M4 19 3 lv~ It t, M| I0 5 M6 Q2 Q] 9 6 Q2 8 7 K7 7 8 QI Q7 9 Q4 t, tO BI2 KI$ Q6 Q9 Q12 I1 B5 I(2 M3 M7 QI3 S2 2 12 Bg BIO BII K6 KI2 Kit, M8 Q5 Q8 S3 ~-- ~ of City ConunuuiW District 4. Mani,~-,n= had thin .m~oud gP,,-~ cm~uu'-afiou of adult ~ in tl~ city in 1984 and 1993. Th~ ~ 1-n'~,'~ w~mx of Commumty Dislxi~ 5, eucompa.sm~ Cheisea. Clinton and part of th~ T'uum Squat~ area. lu 1984. seven percent of ti~ city's ,d,~!m entertainment establiahmeutm ~ lot. arid in tht commarely diawi~x. By1993.11 ~ of Rr.h were lc,--t-~ thorn. |~wc~s t984 mti 1993, ttg w!mh~r of ,th~}t usta withiu thin distria increased by ten establishmeaN from ~ to 19, or by more than 110 plm:gnt Th~ grow~ raum in adult in the community disttiat overtJam nix~-y~ar l:w~riod was morn than B'iple that of the city as a whole.. This data sugg~tS that over t~..past d-~r~/u'; while adull uses Mve ml:m'~d to more Community Districis, thetin is a persistent tende.ucy toward concentration of significant numbers of adult uses. Location of Adair Utu by Zaning District For purposes of this analysis, zoning districts were grouped according to certain characteristics. CI local retail and C2 local service ciistricts wei'~ grouped together because they axe both mapped widely in residential neighborhoods throughout the city. C4 general commercial districts ate regional commercial districts, mapped in each borough. They comprise the city's major and second~.'y shopping centers. C5 rcsmctexi central commercial districts and C6 general central committal disu'~c~s were grouped into a single category because th~, ar~ ~D~d p~cip~ly ia ~ ~ ~ ~u~mo~ve u~ we~ ~u~d wi~ MI. ~ ~d ~ ~s~ ~ ~ ~ ~ ~ ~i~ ~ ~ not ~ ~ C~ d~c~ ~d geae~y no~ ~ m ~uf~- ing ~sm~ ex~ ~ ~ c~ 'l'he analySiS indics~s thss of th, 177 adult entertainment esublishrnerl~ appwxi~=r,!y 1 (3 l) a~ located in Cl and C~ dislriclrk Ten us~, or approximalely six pe~en~, a~ localed in C4 disr. ricts. Appwximslely fow/percent (70) of adult uses in New York Cit~ C6 cent.t~ cornrn~-l'ci~. di~h"'ictt Forty-five nrl, lt use~ or appto~illl~E|y number, are lor. Au~ in C8 and l:Mnufscnlrin$ distric~ Combined, ~p,~,xlmnt~,~y 88 per~-,nt of adult en~'mi~_~__,~nt es~s a~ |~...tM ill CO~ Ol' n:la!l~g The remainins adult uses, 21, or approximalely 12 percent of the total number, msic~nc8 ciisuic~s whi~ do na¢ pa'mit C~mtr,'.'cial ~ ThUe "_ _~S_ Im~ be legal non-~anfarmin ~cu.b~:sus~d~l~primasTclur'ac~is~ddzts~locsa All commewial distrius except CI~ permit residesial use. ix Many light manufac'mring/mix~ use zones permit residential uses in cutsin cilntmst~e,~_: More than 75 ~ of fiz adult enter- ~ ~J~Izleg~ ~ IOP'st~v~_ iR those CO~ or manufaa',Iring zoning d~s~'ius Industry Views Members of tiz It en~uinm~nt indus~ met with ci~ planners ~a discuss ~ndus~ issues avl needs. Those respondhi to the DCP inviution mpmsen~ed topless and nude clubs, triple-X ~0 5! Fotty-lwo :itsIt uses, or 24 I>er. ena of ~ ci~wid~ m~L ~ Ioca~l in M 1.6. CI-t. C6-4, C~ ~. C6-6. sz~d C6-7 disssias within ~ ldid~sw~ Spcazl DismEt. Rssidentiil usu Ir~ alia not ~it~ in ~ dlsmc~ ~ distal. which accomm~te o~ ~u~ment u~ ~ not w~deiy 24 v~cteo/bookstore~peep st~ows. live tt~eaz,'rs. and suppiien. Some represented the Adult Trade A-f, soc:lation (AITA) a.s well as their own individual eatablishments, Tl~e meeting wss designed to familiarize the representaUves with the study and obtain specific information s. bou~ location decisions, "mployment and revenues, tounsm and industry changes and trends. Ladustry representatives argued thac thet~ are a number of positive impacts direaly attributable to adult businesses. For example, it was stated the: "safer sex," due to ~ change in sexual rnoxes caused by AIDS, has been promoted by hhe increase m triple-x video stores and ~,. corresponding decrease in live sex clubs. Othen not~i th~ adult businesses pm,~ded safe places on o~hesise dark supers because these businesses wadi~ionally stay open very la~e. Also, laxe niF~ nt~__ on a s~ect have encounged o~xef bulin~ to s~ay open laxer to cater to the customen dnwn to sft, li bnsines,ses in the evening. Adult businesses often provide imporunt rental ~evenues to landlords because they am willing to occupy vacant storefronts on a shots-term basis, The manager of a triple-X video s~ore in the l:n~t 50's in Manhanan observed l I new businesses had since opened after his store opened in Decerober 1992, observing thax xhe pr~enc. e of an adult busins on the · block is not a d~mt xo new b~. Indusu'y repr~___~,r~f~xives maintained xhat adult ~ merit businesses earn x~venue for the city, provide jobs and sx~nnlste mnrism. This wsmld be u'ne to the extent they do not discourage ~he growth of other businesses that would gentrim xnom eroployment, hu revenue and toorism. The industry appears to rep. z~i iLlelf as ss~nented --- tourist oriented v. nei~hborhoccl-oriented, upacale v. tawdry, conummity fixture v. transitional presence, eye~s_~¢_hing v. discre~ slimage, triple-X preducts v. enmuinment A number of establishments zhaz were invixed to the meeting declined w allend because thcy did not identify with pex~:civad indnsu'y w~de concerns. One adulx bookstore ownor, located for nnny years on ~ghth Avenue in the mid-30's, said he was not pax~ of the ptoblero; the oweor of a sexnally-orienusd boutique on the Upper West Sid~ s~d he was a neighborhood service and diss&sociated himself froro "heavy-duty' adult businesses. People attending the mee~ questioned whelher the DCP study had examined segments of th~ adult enter- tainment industry separately to isolate possible impacts or if the study had grouped all adult businesses together. T'h,. basic locarjonal criterion for adult enter~mnment businesses is to be "where ~he customers are.' h'l MsJlhallan, rhi~ iS often determined by where me tourists am: "Broadway is better than TweLfth Avenue," said one club owner. In the other boroughs, a good location is one with easy =_c-_~s to public transit, main afterisis and plenty of parking for local residents and commuters passing by on the way home. Mass tl-ansit and available paricing ate always important, wherever yon are, com- mented one participant. Adult entertainment businesses tend to be transitional and locate in areas that are 'moving upwardf'; they are r'a~ly found in peorer neighborhoods. One statement submi-,-d at the meeting maintained that some major real estsz developments owe their existence to the ability of landlords to wsl'~house property by rendng space to adult businesses fh~t are willing to __s,~__~ high rents =nd short leases during the period when a maior assemblage is underway. One cotpot'men that opec,t,,, two upscal~ topless b~rs provided a ~mon~ en ~ ~ b"~i~t g~ ~ ~ ~ ~ ~ ~ ~ ~ ~ of paymeaL ~e le~t-= ~ ~m~ d~e ~ w~ s~ Marketin~ According m a representative of two topless clubs in Matd2aua~ it is essential m be near tourist areas where people are da,~t m ~iolt uses by publicity and signage. About 40 percent of the approximately 5,000 weekly patrons st their club on Broadway in midtown Manhenna approximazly 15 pelq:~nt of the clientele st their downtown Manhatun club are tourists- However, the manager of a triple-X video store in the Enat 50's in Manhattan, and the owner of a tziple-X video store in the West 30's in Manham, said they have a non-tourist clientele; most customers are local residents or office workers. One of the video store owners said that eighty percent of his customers are men between 30-50 years old and 20 percent are couples or women; customers want cleanliness and safety in a convenient location that is not "sleazy." Signage for his store, he said, was originally obtrusive (to "announce" the store's presence) but is flow muted in an effort to hienet ,nto the, nezghbothood blockYfont, ~tate Hquor Autho~ty (SLA) Parucipants representing topless ban stated that their establishments are pamculady oul~iy ~ well-an because they must conform to sumgent Slate Liquor Authority (SLA) requirements. If ~hc SLA finds a "pa-~"m of disorder' during an iumpeaiou, the bar owner will f~.e disciplin,m~ aaion .-- ranging from a warning lever to tevoc-~on of a liquor licv. se. The SI.A, reSulaes iiquor sales ~nd the de~ of pefforl~ul~ nudity. Shmce SLA regulalions do rio( allow total nudity, nude clubs do not serve Hquor and axe not governed by the SLA. In response to a question about industry tr~ud~ axe group responded that them was oversararation of adult btninesses in New York City, particularly in Manhanan, and that thc~ were closing. It should he noted thai of 177 iuvimious mailed to the adult ~nummxt lishmen~s icieutified in DCI~$ survey, 27 were r~mmed Fm,~ily because ~hm adult businures was no longer learned at that acli~s. Couc~uu'axions of usem were said to be d,,,, to the 'copyc~ facumr' andthmumdeucyof!~pmxuu~towan~umqmarhop.' cy of adult use~ to con_,-~,m_u'at~ in · ¢ouununity confirmed the conclusion of 1X'F$ annlysim of the location of adult us~ by Community D~ It was aid ~hu the emergence of Blockimner Video (which duel not ,carry any ~ple-X videos) had driven out some 'morn-and-pop' video stores that had a small se~xiou of uipi~-X vkle~, leaving the field clear for u'iple-X a few neighborhoods. In a letter to the City Coum:il ttated March 9, 1994, AITA acknowledged concerns by some community groups tmganiing si~na~e and windows and said AITA had be~n formed mainly to "address thes~ p~bleam by working as · liaison between community g~oup~ and adult use pl~." Most participants agre~i that some adult busines.v.s at~ regarded negatively by the community, but claimed this reaction Lm based on a visceral x~sponse and not on any seconclsry effects. 37 IV. ADULT ENTERTAINMENT ZONING IN NEW YORK CITY Current Zoning The Zoning R~sotution of the City of New York curnntly~= regulat~ s~veral general classes of comm-rcial ~sub~ which my or may not be c~wacteaiz~t ~ adult ~ For example, Resolution m~ · thearea (includbag movie house~), · bookstore~ (ine. luahsg video stores), ~d · eating Or dri-k~-g es~ab~hmems (i~iuding bars). The zoning regulations ate no different for a neighborhood video store or a wiple-X ~d_-~_ smr~ or for a bar or a topless or nm:lt bar. Howe~r, th~ Resolution does diszinguish physical culture or Theaters, bookstores, and bats ate comme~ial uses, generally allowed as-of-dglat in most commetml and manufa~aring djsnt:~ Co,,~al use~ ate gearally prohibited from locating in residence dislricts. However, som~ ct~mzs~'isl uses that an~ non-confo~i-g in r~sicl~nc~ districts for a perlad of time, Thealert Theaters (which in~lud~ ~ houses or motion picmr~ thearea) an listed in Re Zoning Resolution in Use Groups 8 and 13. Theamn ate allowed as-of-right in C2 (Local Service), C4 (General Commep.-ial), C6 (General C. emnl Commen:ial), C7 (Comrnen:ial Amusement) and Cg (General Service) Distticls. The~-"ws limia~i to a maximum capacity of ~O0penons a~ allowed in C1 ('Local Retail) Districts only by special permit of the Board of Standards and Appeals, Ixt CI-5 52 ~3 The Z~ning Resolution of The City of New York, Mopted December 15, 1960, ~ as amended. The lan~r establishtnents, re,usage patters, axe ccsnsgdered co purvey prostitution ~d are not permat'd~d in New york City. 4 :~ougn C1-9 Dismen (mapped iu high density areu). motion picture theaters must provide indoor waiting area b~cd on sesUng capacxty. Theaters are also allowed as-of-right in most manufacrunng disreefs. except that in MI-SA and MI-5B Dismcts (mapped in Soho and Noho in Manhattan) theaters with I(X} or more _o~,.~ are allowed ordy by special pen'mr of the Board of Stand~'d~ and AppeaLs. Bookstores are Iis~ed in Use Groups 6C and 12B. They ~re allowed u-of-fight in mo~ commer- cial distncu and in MI (Light Manufacmrinff) Disrtias. Bookstores are not allowed in C3 Dismcu, and in M2 (Medium Manufacmnn~) and M3 (Hea~] Manuf~t't',~ring) Dislnc~ V{d_e,) stores have been tr~r~l as bookslor~s for zoning purposes. Eating or drinking establishments EaUng or chinking establishmenu are listed in the Zonin~ Resolution in Use Groups 6A az~ 6C,' and l0 and t2. E~zing or drinkrig establistunenu include =,,y use th~z serves food or cLrielr_ includin~ alcohol, noc otherwise mo~ specffir.~y lis~d in the Resolution. M'os~ e~ing or ddddng c,v, abl~,hmeou, incindlns ~o~ ~ ~ for w~h ~ ~ no ~ c~c ~d s~ ~o~ ~ u ~u ~ b~ ~ ~ U~ G~ 6~ ~ ~ow~ wi~h ce~mn excepdou, h Cl-I ~u~ Ct~, ~-I ~u[h ~, ~d ~ Dis~c~ ~ esmblish~nn ~ ol a ~d ~t ~m ~ Bo~ of S~ ~d A~it A ~mt is ~o ~ h MI-SA ~ MI-~ D~- Some ~ ~ dh~ may a~ifion~ ~ on ~ ~nment ~lis~en~ bu~ none dis~nr~h ~een ~lt ~d offier fore of Large eating or drinking establishmenu with enten~nment or those of any capaciW with dancing, a~ listed in Use Groups 10 and 12- These establishments are perttuned ns-of-right in C6, C?, most manufacturing dismcts. and in C4 disuicu 100 feet or more from a residence district. They F~ting or drinidng establishmcrtu with musical entertainment, but nol dancing, with a capacity of ,~00 ~rsons or less. sse allowed sirmls v u esung or cinnkin~ establishmenu in Use Gcoup 6A. 29 Consultants' final Report - A3 ...Commercial 20~ Decrease 20 16.4 16.7 10-20~ Decrease 37 30.3 30.8 0-10~j~ Decrease 36 Z9~ 30.0 No F_flea' 24 19.7 20.0 0-|0~ Increase 2 1.6 l.? 10-20~ Increase 1 .8 .8 Mining 2 1.6 Assume that a new adult bookstore will be located within 10O0 feet of an existing adult bookstore or other adult entertainment use. Based upon your professional ex?erience. how would you expect the average values of the following types of prope~e$ to be affected if they are less than 200 feet away from the new bookstore? ...Single-family residential 20c~ Decrease ~1 41.8 41,8 10-20c~ Decrease 38 31.1 31.1 0-10% Decrease 20 16.4 16.4 No Effect 12 9.8 9.8 0-10c~ Increue I .8 .8 ...MUltiple-family residential 20~[, Decress~ 41 ~3.6 33.6 I0-20~ Decrease 32 26.2 26.2 0-10~ DeCease 33 27.0 27.0 No Erca 1~ 123 123 0-1096 Increase I .8 .8 209E Deause 27 211 22.3 I0-20~ Decruse 27 211 213 0-109E Decrease 33 27.0 27.3 No F~rea 33 27.0 27.3 10-20% Increase I .8 .8 Missing I .8 ar~ allowed only by special pertrot of the Boarel of Standard~ and Appeals in C2, C3. MI-SA, MI- SB, t.MM, MI-SM, MI-6M, and in C4 ~su'ic5 within 100 feet of a r~sidence district. Signs Signs ~ regalated under the provisions of use regulations in the Zornrig Rcsoluuon. Regulations include d~fmitions, s~ze or surface azea, iMummaUon, height. pmJec~on and Iacaucnt Basic regata~ions for accessory business signs axe summarized in Table 1. TAnLI I BASIC ACCESSORY BUSINF~S SIGN REGLrLATIONS Zoainl SIte* Illumination P r o ] · e- Heillb, above Dlstrtct$ tion** Cu~ Level Cl ~; 150 ~ ~mu ~g~ up to I f~ ~ f~ ~0~.~ C2 3; l~0 3 ~u ~nng~ up to I fL ~ ~ C~5 ~C~7 No~ ~~! ! ~ No~ Cg 6; 7~0 ~I~ ~ ~n~ I ~ ~ fL~ * * In disram wh~ I f~ is a~ ~ ~ m~-f~ ~ p ~ ~ up m I l ia ~ ?? Non.illu~--,~ ~ i~ i~'~ d~ ~ n~ m 58 fm hi~ i~i~ il~~ ~ mY u~ ~ ~1 fm 30 Prior Zoning Proposals in New York City In New York City, a modern-day attempt at reguiaUng aduli establishments through zoning wu made in 1975, after a pmliferauan of sex asrahlishmenks outside of th~ Times Square ales, DCP proposed to restrict the location of "adult physical culture establisltments,' a zoning term for massage parlors which were then permatted uses in New York City, in the Tunes Squsre ares. The zordng.proposal, which included a provision that no~-conforming facilities were to be am~rdzed withLn one year, was adopted in 197~ by the Bos~d of Estima~. Ouuid~ th~ Tim~ Squ~ ~ a one-year moratorium was plow. at on new massage patton. In 1976, the United St,t_,~ Supreme Court upheld a Detroit "anti-skid ww' zoning otdinancc thsz placed Iocational restrictions and concentration limits ou a variety of uses, including adult entertainment establishmenu. Shortly after th~ coral de~ision in esriy 1977, the Mayor's M~dtown Manha Acdon Office and the ~ t:~paz~d zornrig recommendations medeled ~ Detroit, The City Pl--,~i~g Commi.lon (ClsC) pmlx~d esublishing five men~ (~ ~o~), A~g m ~ Co~i~io~ss "By ~n8 ~m ~t ~ it is now ~b~ m ~ii~h ~ ~e ~mg Rml~on ~_. ~ ~ ~f~d~ ~t ~ w~ for ~ ~ ~ Under the proposal adult ~rtsi'''~"'~'t uses would be allowed only in C4 and C64 through C6-9 Dismcts, which aro General Commercial and General Ccnwal Commercial Disu'k~ respectively. Exisdng adult enu=tainn~t uses ~.side of these diszricts, or wirJ~n 500 feet of a residgnce distact {R1 through RI0 Dislzias), would not be allowed to continue as non-confom~ng uses. Adult physical culnu~ establishments not subject to the 1976 amortization provisions would not be allowed after one year in any district in New York City, and the moratorium would be lifted. Report of the City planning Commsssmn. N 760137 ZRY. January 26, 1977. C;,lgnd, at ~,Z3. 31 in addition. adult uses would be subject to diszance. concentration. sign and amortization restrscuons, as follows: No ~Mult u~e could be located within 500feet of a res~lence dtsrric~ In C4 Dist~ct$. no new adult ~e couM be established where. w~thin a l.~ f~t r~i~. ~o or more ~ult ~ts e~te~ In C6~ through C6-9 D~tncls, no ~e couM b~ exalted where. with~ a 1,~ foot r~ three or more e~tt& ~h ~ ~t with~ a single ex~l~ent wouM p~ ~ No sign for ~ ~ ~t co~ d~p~ or ~cnbe a specified speci~ed xe-,nl ~ No ~ ~t couM ~t ~ t~ ant except t~ ~ ~t mo~n piece theater cou~ ~ ~i~ ~t a ~t. No ~ve~g xi~ wo~ be pe~ined for ~ ~t ~e. No ~ ~t si~ co~ be ill~i~td or e~e~ b~o~ t~ s~eet 1~.. ~tpt for ~d,,l~ mo~n pi~re ~rq~eS. ~ d~t requ~e~ ~ be req~red to tt~t e_~g tst~l~eaa with~ d~m'm ~ wh~h ~ d~ ~ g~ ~ The proposal would have aftowed the Boani of Standards and Appeals (BSA) to exempt exjating adult uses, locattd in dlsu'icu in which such uses would continue m be pertained, from the concenwation and amortization p~OVi~innS Of the new regulations. Sim~ldy, th~ City Commission would have been authorized to allow a new adult use notwiths~ding the concenwaxion provision,. In ,,oh ease, the BSA or CI~ as al~plicable, would be reqnir~ make findings to ensu~ that any ativet~ impacts f~m the adt~t establishment were According to Norman Marcus, v~ho at the tizn~ was counsel to the City Planning Commie~ian. 'This safety valve tEcedu~ was felt ~ to withstand a challenge to the r~,sonablene~s of the regulation.'56 Numerous speakers appeared at the public heating. both in favor of and in opposition to the proposed zoning regulations- In general. business and civic groups from Manhattan wez~ supportive of the plan. Those in opposition included representatives of boroughs outside '7,oning Obsccmty: Or. The Moral Politics of Pore." Norman Mucus. BuffuSa t ~,,v Review. 27. t978 Mannaran, ~li~:o~ msutu~ons, and civfi liberiahans. Subsequent to the_ Commission public heanng, several modifications wen made to the pt~o~al, For example, C4-I Districts, characterized by suburban-style [arge ~hopping centers, wen eliminated from the proposal n dismc~s where ~ciult entertainment es~blishmen~s would be pertmeted, Also, adult entsrtainment establishments would not be perrmly~l within 200 feet of a school or chun:tt' ' The modified proposal was then n:considers:L According tO Maaras: By virtue of the recent Cornminion amendments, the henlofon diverted and scanend eligible adult use regional commercial zones had been reduced to a hand~ of readily identifiable concentration targnu in these borougM -- and a~ suck drew sharp denunchu~n.v. 17re Commission wa.~ uc~taed [by ctt~etu of the four borough.~ other than Manhattan/offostering "red light distrim' in the outer borought anti the cry was rai.~ed ~ver more loudly to rexInn adult u~es to Manharta~ 1'he legttlation founderetL~7 Marcus obs~'ved that tim public's failu~ to undm~sM tim aucial diaxinaion b~tweca Ix~t~o~ and obscenity. Le-, whst is smi what is not legany pt~ecunt s_p,~c_J,~ msulmd in a lack of s-aif~nt political suplmrt n_,e~_;~ to sdopt a mgulatory plan to ~imit dm location snd conccntrmion of adult establishments. ha continuing to wrestle with th~ issue of adult eslablisbmenu, the City Planning Commlej~ion in 1978 proposed, and th~ Botrd of Estimag adopted, new zoning text that aL~inguisbed adult physical culture uzablisbments fxom physical culture establishmenu.~s Adult physical culture establishmenu wen elire;mated as a permitted us~ in all districts in the city. ~ were to be 311~OmZ2d W~thln on2 yc2f, A~ od~ef phy~iC2J Ct~IIL~ of h~th establishments wo~ld be permitted only by special petmR of the Ro2d Of Stanthrds and Appeals. The citywide montorium on physical culture or health esttbHshments that became cffcctive in 1976 was deleted, Thus, only part of the effort to control the locs~on of adult uses was adopted legislativcly. ~7 ~8 Rid- Resolution of the Board of Estimate, Novern~r 16. 197g, Ca|. No, 145. sppmvm$ a report (H 780387 ZRY) of th~ City plannsa! Commission. Novemt>er 8. 1978. C;I|. No. 33 V. ADULT ENTERTAINMENT IMPACTS IN NEW YORK CITY Impacts Identified by the City Planning Commission, 1977 On January :!6. 1977. the City Planning Commission reported to the Board of Estimate its recommendation for ~.onmg text changes relating to ~,~-it uses. The recommev. d~ zoning chang~ would have reduced existing conecareens of .elult u.se~ and prevented futu~ concontritions .... "thereby substantially reducing the adverse economic and social effects that the~ concentrations produce. At the same time, adult uses wiJl be prevented from di.sruptmg residential neighborhoods by regulations requiring all adult uses to be located at least 500 feet from the nearest rtsidence district boundary."~9 In iu report, the Commission cited several negative impacts of adult uses including economic factors, increased criminal acti'dty, the aging izffluenc~s on minors and tt~ disn:ptive effects that adult uses have on neighboring residential commumties and the youth of such comzlmnities. At the public bearing on the Ft~xr, d~ te. zt ~m,ndm,nt~, many of the ap,,t-~.~ ax~ in favor of the prupc~_a~ expt,.~,inZ concerns alx~t tl~ bliglRing cffea that ti~ concemntion of adult -¢~__ Ms had on m West Side of Maniuun. Some identified other reasons to support the p~oFosaL For example, a psycMalzist who was a former De~uty Commit~ioDef of the Cit3~S Addiction Services Agen~,,r and founder of Phinix House - the civ/'s major ruidential ackiiczion rehabilitation program. uid that the g~r,h of adult uses has '... a ~ bearing upon t~ numbe~ of young people who become addiczd to beroin or del~ndent upon othor ttrugs.' He d~-~ibed the ,~!t enterr:,inment Mtsinus as parasitic, attracting azu:[ viCrlmig+ng adoJes:~ts and breeding ptosti*~eD and -attictiott TM docRr ~sZ~d ths~ llmiX~g Or dispelsbig adult ~t~, m dest~ the "pathological rramx." Most who spoke in oppt~don to the pwpcml did so because it would continue to permit adultug~nearth~ircommunit~t The Cam minion noted that it analyzed th{ efforts of s~veral municipalities, including Boston, Detroit, Mitmnpolit Dallas and Atlantic City, to combine fig best efforts of all the. s, ¢itiea in a regulatory plan fOr New York. The Commission rejected the Boston concentration model, stating in the report that "Statistics indic~_te that the implernentarlon of this zoning method in Boston has resulted in an incr. ase in both the crime rate of the Boston Business and Emenainmem dismet and an increase in the vacancy rate of the surrounding buildings." The Corm~ssion felt that a Report of the City Phnning Commission. N 7~137 Z.RY. ,hnuary 26. 1977. Calendar No. 22. 34 dapersmo,, strategy, rnc~elled a~ter Dotrotors regu&atory p&an. would provicie room for consu, rioholly protected speectt as well as protectzon for the hcakh. saiety and general wetfare of the people. The Commission noted that a proliferation of adult entertainment uses in, the Times Square and Theater Districts could be minted to the decade-old absence of major invesunent or development decisions, az~d tO a ~ul}sta~U',d decline in ~:onomjc viabili~. For a three-yezt periocL tax atreazs oa West 42rid Street were 26 percent higher than the overoil ra~e for Midtown, DudnZ a two-year penoct in the early t970s, sales tax revenues in the area dccline. d by 43 percent compared to an I I percent increase citywide. In addition, jobs in retail sales declined in the area at a rate gre~rthan thai of the city as a whole. The Conunassion identified several businesses in the aru tha~ had closed, for example the Chase Manhauan Bank branch in Times Square, and noted that the *... dcciine of economic activity.. · can he directly rotated to the escalation of adult uses." Crime data for 1975 wer~ also analyzed, leading the Comnussion To state: "Increases in felonious criminal activity in areas where concentrations of adult uses are lc~-_ted are overwhelming." The Comnussion observed tl~ in Midtow'a, polic~ posu (subatees of a precina) in which one or mote ad~t ns~ were loca~d had 69.5 perce~ mote verL~ed complaints ~ ~nse in offier Posts wifh one or mote adult uses constituted 34.5 perrout of ~e total lx~ts in Mid~wn, but accounted far 47.1 percent of all complaints. Comparins posts with one or more adult uses to posts without an adult use, complaints for felonious assault were 142.3 percent higher, grand larceny complaints were g8.9 percent hiSher, rape was 185.2 percent highor and robbery was 130.2 percent hiSha, Impacts Identified By the Office of Midtown Enforcement The 1983 Annual Repo~ of The Mayors Office of Midtoum Enforcement (OME) supported ~e Ci~ Plans Co~jssi~'s c~ rm~n~ ~e o~.s rein su~ ~t in ~e e~y ~d ~d- 1970's, '~ Squ~ wu ciog~ wi~ pi~ johns, and h~ke~ M well ~ ~e addicu and muggc~ who ~ong wiffi them p~ed on ~e public." ~c report not~ that 1,2~ prostimes worked out of ~e do~ ~ so pms~m~on ~ ~d ~e 23 m~ge p~lo~ conccn~t~ ~ong Eigh~ Avenue ~n 34th ~d 5~ S~. ~d ~other twelve sex busin~s~ were wedged in ~tween ~ese busin~2s. OME strategies (including investigation, enforcement, scc~ng and obtaining legislative changes in the Nuisance Ab;,temem Law, closing hotels and obtaining substantial financial ~nalties from hotel operators) worked to clea~-up Times Square. According to the annual report, "At the end of 1983 Eighth Avenue is no longer 'The Minnesota Strip,' infested with the crowds of' pimps, prosUtures and joh~s which once mrived on the atmosphere cre~-'d by the multiplicity of sex u~-s, The crowds are no |onger there because most of the sex uses which supported or attracted them have been closed."60 Between 1978 and 1983. OM:E reported that it closed 106 illegal estsbtishments, of which 82 were sex-related 'businesses. Additionally, they "vimally eliminamd* the praaice of sex'u~ly explicit handbilling on city streets, and afar obf~ining a zoning amendment establishing a permanent ban on heterosexual massage parlors. closed 37 illegally opented seat-ml.t~ businesses in midtown. After reducing the numbe~ of sex-related busm~s in midtown by 46 petamt from 121 in 197~ to 65 at the end of 1983, OME reported that ~Its accomplishments luve resulted in increased inves~r and consumer confidence m the midtown azt. a as marerested by: the renovation and expansion of the Port Authority Bus Terminal; the opening of the new Milfo~l Plaza Hotel on Eighth Avenue, the conswacdon of the Mamott Marquis Hot~! on Bm~iwsy; and tl~ proposed 42rid Str~ Development Pmje~,' The OME Annual Report for 1983 also retx~rted the crlmln~l a~tivity occ~ring m sex-relaued businesses because. in pat, ,-onvictions for pwslimdon ocalz~g inside a premises are used by OME as a basis for civil litigadoa. Berwee~ 1978 and 1983. the n.mhm'S Of amsts for t~'ustimtion and ot~scenity inside sex-~elated busms kx:a~i in midtown decn-ased f~om 419 to 300. The change in the number of such arrests for say given year is a Nnction of many fa~:iors, e.8.. deployment of police pot~nneL unrelated litilazion de~ni~ obscenity, ,,~1 reflects only in pan tha drop in tl~ number of n',e,oa, e Fittots and other commemially-opera,,'a houses of prostitution- It is significant, however, tl~ tl~ concenu'Ation of sex-related businesses has been closely associated with substtntisl numl~ of strasts within those establishments for pmstimtinn and obscenity. 6o It was found - in another study - ~ng ~t on ~ ~ for ~c o~ue f~ to me s~ ~s ~ p~mably im~c m draw ~U~ ~:ome~ insi~ (~ ~ ~lowin~ ~m to l~k inl led a[~ to p~vide ~me ~n~ of p~v~. ~e co~lativ~ however, is ~st ~ e~nuons do not i~k outw~s ~ ~e a s~i~ in~ in ~ sidewal~ oustale. ~ · ~$ulL sidewal~ ~ left uncl~m~ and ~ avalable to mose hustiin[ ~d hangin[ OUL' New York S~Ie U~I~ ~velopment ~lion, VO[. 1. Audit ~984. 36 Impacts Identified in The Chelsea Business Survey In August. 1993, the Chelsea Action Coalition and Community Board 4, Manhattan. prepzn~d a study6! describing the effects that sex-related establislunents have on other businesses in the C~elsea .section .o.f .New York City. The Coalition called upon the city to "develop zoning proposals that will disperse, but not eliminate, these (adult) businesses...~ The C'helsea Ac'~on Coalition called for zoning proposals because it felt that the neighborhood" . .. was being transformed before our eyes into a red light distact' The study identified the locations of sex-related adult establishments in a 76 block area of Mane!tan between [3th and 32nd Su'e~ts, and Fift~ anti Ninth Avenues, Nine legal t~-X vichs stores. eleven locn_~onS closed in ftse, al year 1993 for illegal sex-related activities, a~t s~ven locations of "multiple indoor prostitution arrests" in fiscal year 1993 we~ mapped within the study axed, The Coalition stated that the concentration of mple-X video stores and peep shows' intolerable,' and "hanssful to our community," noting that" . .. under the Consum!ion th~ C2ty is pertained to prohibit this type of concontrition-" Representatives of the CoaStion and C,~mtmm~ty Board surveyed 1 O0 businesses located near ~ triple- X video stores 'to de~-i,~e whether these' adult use' businesses had negatively imp~ upon the oconorajc vitality of the C'helsea busins community." Responses to eight questio~ were tabulated, and illusa-drive ~nenu made by responddots were incl,_,~_ in the study repo~ Negative impacts stemming f~m the adult video establishments reporv~t by area businessperiods inclt,~-~' a decIbm in tit overall t~,~utaeeo of Use community, a reduction in the econonsic vitality of individual business: a de~g potenti~ for business in the cotnmunity: an4 obsea'vatinas that busines__~'s may leave ot have left Cbelsea because of the adult video stores. Sixty. one pez~znt of respondeats felt that the triple-X rated video stores had a negative hnpacl on their busines& N'mety-~ve pc!rent believe that the reputation of Chehea has been hun by these stores. Nea~y two-thhds thine the economic vitality of their business has been hurt, and 88 petcent think the potential for doing business in Cheisea has been negatively ~fectea by the adult stores. 6! "T~e Chelsea Business Survey. An Assessment of the Economic [rapact of X~CX-Rnted Videos Sto~s m ~eis~" ~e ~cl~a AcUon Coalitio~ and Commun,y Bo~d 4. 1993. 37 Specific comments ~ t,/businesspersons inctuded the followin~ My clients don't like to come to my office and have to go by these stores. The stonfmnts also lower my ima~ as a business which is very demmenul to me. . publixhing contu. ita.nt Thex~ is a XXX store on the next block. We work until 8:00 P.M. Moo. - Thurs. and it is seary to walk past the seedy element that hangs oult there. - retail fttrn//la'e ttort Impacts Identified At The Public Heating of The Task Force on the Regulation of Sex-Related Businesses The Task Force on the Regulation of Sex-Relaxed Businesses wu established in 1993 by the Bowugh President of Manlatt~ Ruth W. Mensinger. in response to co-,,,.,-~v/concerns about incre_a~,g concearatioos of sct-~l-,*pal busines.f~L The Task Force conducted a public he. axing on Octbet 6. 1993. at which more than 20 testified. Approximately twice as en=ny individuals testified in favor of regulating adult enxaef- tairanem esubi[.h.-....f. as a~se ~ to government negulaion of adult usts. Those st,.*l,i.. in favor of regulation dismissed adult establishmentS in various neighborhoods in M Tribeca and Downtown l~s,,hs,,-: Chels~ F. asx Harlem. Ttmes Squax~. and the Fast Side; the majont7 spoke of .Tunes Square azut Cbelses. The Task Force smx:nn~ tJae heating as a f.x~-finding ~_--,~ng to obtain teslimony about haw adult uses impact residenix, businesses and Mxnhattan neighborhoods. The impactS identified by the testimony are $ below, and a copy of the wanscript of the public heating is available for review at DCP. Crime, including drugs and pwstimtion, was the most frequently cited impact from adult establish.men~s. For example, the president of the 42od Sextet Development Projects62 referring to 62 a conc-ncrauon of sex-related uses on 4.grid Street between 7th ann 8th Avenues, cited a 60 perc~ drop in come after the Project took title to two-thir~ of the project area in April t990 and a rnajoriW of the site was cl~ Several speakers noted tha~ cert~n cornea were associated with adult enterr~nment estab~ts. One speaker, for example, stated that there had been no houses of prostitution in a particular neighborhood for tea years but, subsequent to the opening of a triple-X video store, two houses of prostitution had ol~aed- These i~gal establiskmeau have since been closed by the city. Quality-of-life impa~-,s, such as tittering, noise, late night operations, offensive signage, and general negative petc~zions about neighborhoods or certain stzeets, were often mention _e'~_ as impacts. For example, t~ uot-fot-profit operator of en SRO stated that persons loitering near two adult establishments located across the street from the residence have made the street 'intimidat- ing," giving it a 'different feeling" from that which had existed before the second adult use moved to the street. In other case, L certain impacts such as offensive signage depicting eroticism ot sexually-explicit words were noted as especially problematic for children. It was observed tl~ these sip are sometimes located near school bus stops. Most of those testifying i~ntified the inspans of adult entettainme~ esrablisbmeats as ~y c, oublesome in residential neighborhoods, Many noted dne problem of adult uses in concennticm, and expressed concern about the proliferalion of these establishments absent the eastmeat controls. In general, ~ose lestif~ing a~-in~ government regulation of adult en~*ainment establisttmnts disputet the testimony about ~ Fot e~nn~le, nsimony was offere~ that an adult bustesque theater provides 50 perl:~g of the busineas of ffis com/ne~ial paricing lot lcr, ated across the steer from it, Rather than having a negative impact on nea~oy businesses, it was claimed. th~ adult establishment b~in~ in b" _eir''te and bellefits otisor businesses, Others statei that tl~ testimony of those proffering impam flmn'si~l.t esmbUsh~nts wss anecdotal An adult video distributor, alluding to the ~ Business Survey, complained of bias in surveys and stated: The way y~ phrase a question can determi-~ dz reply.* 39 Impacts Identified in the Times Square Business Improvement District Study [n j'une 1993, a Times Squa.,'e Business Improvement District CTSBID) study63 found that pencling city-wide legislation. placing locations[ restrictions on adult entertainment usu, would remove adult uses from molts'of the Times Square area; the approximately 40 adult uses presen~y wi,hl- the area wonld only be allowed in small clustels in nunuf~turing districts to the south and west of the TSBID,' Aware of the legislative history of sirefiat legislation axound the country, dxe TSBID consnoted for a further study on the seconciary effects of adult entertainment uses and their concontrition. which wan issued in April 1994.64 The TSBID requests that the city restrict adult establishments in residential neiEhhothoods, anti develop "legal and effective ways to mandate disports[ of these uses in commercial and manufac- rating dismess in such a way that no designated area becomes saturated. prociucing the negative · impm:ts tha~ Tunes Squa~ and, Eighth Avenue in particular, suffer," The study, foazsed on the impacts of the dense concentrations of adult en~t'm~ s[o~g 42rid Street between Seventh and Eighth Avenues and along Eightit Avenue between 42rid aml 50 th Stree~ It briefly s,,,~,,~,,i,,d the history and demographics of the mu, c~m~ sutis~s, a~l the results of S3 in-penon and telephone interviews with large and stun!l-scale blL~iee~ 2d propew/owners including retail restaln-anL hotel and theater enterprises 2 well as cooramify boaz~ civic orpmations, churches, schools and social ~-vic~ agencies. It also sulyzed tnmds in propew/vs[ues, Data for ansossed propen7 values for the 1985/86 and 1993/94 years were analyzed individually and in aggregation for snuty ami control block:,unts to derive the spe:i~c and overall changes in valuation over that paiod of ~ .Accmding to dg study, aggregzte ,t,tn showed ~zz the nm of increase of tots[ assessed values for the study blocks with adult uses did not increzse as much as the rate of inerea~ for the control blocks withDot adult ~_,= For specific blocks, th~ rites of increase for other uses tended to be less than those for adult uses. The repoR stated that the 63 64 'Pepon on Adult Us4= Establishmenu in the Times Square B~siness Imp'mvement Dis~ct ~d the F,~r~ct of the New york City Cogncil's Proposed Neighborhood Ptotecaon ACt." Insilht ~dsociatt, s {in usociation wSth Raven Design WorkS). June 14, t993, -Secondw/Eff~:u of the Com:ent~auon of Adult Use EstablishmenU in 'j,.e Timu Square 'I'imes Squ~rc Business b,nprovement Distact. April. t994 (prepped by InsiSt 40 pro~rm~ of an adult use may b~ "sub}ecuveiy v~e~ved* by ~ssessorS. and ci:ed runner corrot don by an appraaser with the Deparu'nen~ of Finance, The study of pmper~y values conclnd~tJ_ ~ "wh~le it nuy be ~at the concentration of aduh use esub[ishmen~s has a generally d~p~ssive effect on ~he adjoining properties... we do not have sufficient dau~ w p~ove or disprove ~hL~ ~e&~* Them were almost twice as many complaints about crime for the 42nd Street study block as the control biocic, and more than twice as many compla:mu for the Eighth Avenue study blocks as control blocks. The number of crirmnai complaints ate h~ghcst near 42nd Stree~ where adult uses are most concentramd and decline further a~ong Eighth Avenu~ Pt~timdon arre~ were higher on Eighth Avenue than Ninth Avenue but even higher for the area west of Ninth Avenue, Police staustics indica~ ~ there has been a 54 pex~:~nt de~reas~ in crime during the past five years in the Th-nes Square ares, where the number of adult ~ has a~o d~:linetL A survey of prop~rW and b~in~s o~nen in adult enten~nment ~blis~enu I~ated in the ~ea, pmicul~ly in concent~do~ ~ (12) expr~sed the view ~a ~ult ~ ~siness~ have a negative effect on ~e pm~ v~u~ of business~ 1~ ~ ~ vic~W, emph~i~ng ~e nerve effm of a ~n~nmn of ~t busin~. b~in~. One ci~ ~l~U ~m ~ ~ ~ ~ ~jmt ~ ~ ~n~v~ of ~ (~ ~ ~llni.] b~i~ during evening b~ ~iH~ to ~k co~ ~ ho~l o~mn ~d ene ~ ~ 'a~ th~ ~e m conemen of ~lt ~n- ~t venu~ have znt Of five involv~ in Impacts Identified in Newspaper Reports and Correspondence Newspaper arzicles since 1993 have chronicled neighborhood concerns and opposition to the proliferadon of adult entertainment establishments throughout New York City. Previously located in a few specific ar~as, e.g., the Times Square atea~ or isolated locations, triple-X video stores and topless/nude bars can now be found in or near areas of a more residential character. Some residents, outraged by the nature of adult uses in theh' neighborhoods. and afraid of potential negauve impacts, have organized ad hoe groups and appealed to local officials to have them closed 41 down. Using a combination of pickeung, petitions, publicity and pressure tacucs on landlords. thesn neighborhood groups have often been able to directly influence the location of adult entemu'~nent uses. The following is an abstract gathered from New York City newspaper, both daily and weekly. of the opinions and ac~ons of local residents who oppose the operation of adult uses in their nei~h- borhoocis. Although anecdotal and subjective, these comments demonstrate the concern, outrage and sense of intrusion that many people feel. Fear over the potential consequences of pmlLferation is a major far. mr in neighborhood opposition to adult entertainment uses. A btmnesaman on Sixth Avenue in Chelsea who has just had a triple- X video store move into the g~3und floor space in his ofrice building states: "Then [ see every couple of blocks has that kind of store and just worry t~ the neighborhoed wouJd change to be like Times Squa~." A member of Man~,-,n Comm~mity Board 4 is more expHciu "You get three to five of these stores in an az~ and you create a s~p. Have a strip, and you get prostitution and' other related problems." In the Cheisea a,-ea, concern is so 8zelt about the proliferation of aduli entermumem use~ that residents and b,~,inesspeople joined in a coalition that has been su~.e. ssful in rou~g four of the nine adult uses in the neighborhood. The Cheisea Action Coalition has held protest maEhes and rallies to denounce suras uses ssl has pi~ o~,l~ ente~.i-m~nt uses to intimidat,, hoth tiz smm awn~r and the potential pairon. A woman who partici~-t,"e!- in a p~o~st march with her eight year old daughter said she did so Ine:mzs~ when She and her daughter walk down Sixth Avenue, her daughter says: "Don't look, Mornroy. It's a ve~ ~ stare.' The Coalition Ins publicized tl~ n~_mes of landionis who rmrt space to adult entertainment uses, pressuring landionts to evia th~n. After being piclr~ted, on~ owner of a Iriple-X video store, at Seventh Avenue and 23rd Sh,~'t, convened two-thirds of his smm to conventional videos, put up a sign stating, "Ladies and Kids · are Welcome," and disuibuted fi~s apolo~,,ting for opening the store in a residential neighbor- hOcKL Th~ Coalitiou has also ~ out to ~ coalJlluffiry boai'd and the City Council ,~trlng for legislative action. Feat of proliferation of adult uses c~n mobilL~ comm.muty action even when 1o~1 civic leaders an~ police officials agree that the sole adult use has provoked no illegal activity or even complaints about quality-of-life issues. When a local bar, located on upper Fourth Avenue in Bay Ridge, introduced topless dancers and started leafletling the neighborhood. over 1.000 people signed a petition opposing ih 'This is a community issue for those of us who live in Flay P. jdge," s~id one cosanent. Ciung me belief thac the topless club sets a precexient ~haz other such ~tablis~ mxg~t follow, the I~er of an ad h~ group fom~ to fight the zopless club also ap~he~iOn ~at ~ a4ul~ emen~nment us~ at~c~ ~ople from ou~i~ pl~ is b~nging in people from ~1 over the place, who ~ no~ of, by er for l~s co~uni~. We've go~ ~ople from B~yn Heighn. Bensonhun~ mereben of of people in them." ~e club owner. a long-~i~ ~i~nt of Bay ~ of~ci~s, civic .l~aden ~d police officiO, ~d offe~ a num~ of ~nc~io~ by dncing on Sundays nd ~c~ng ~cing m a~r 9:~ pm on oth~ nigh~ ~ co~m~ or~nin~on t~ ~ly pmtes~ if ~e b~ con~nu~ to f~ t~lm ~g. ~ club owner ch~g~ ~e topl~ focal nymg ~ "~ n~ w~t to imlt ~ co~uni~ or chin' "Cobunifies have a lot of ~wer in simatin~ like this (~) if no~ng co~d ~ it ~o~ty im~ib{e for ~e club {o o~te ~ confinely picke~g s~d a 1~ o~ci~. Concerted community action has also been effective in Astoria, Queens. When an awning advemsing "Adult Video" was installed for a store undergoing t~novation on Ditmars Boulevard, irate civic leaders, poLidciam. clcrg~ and residents ha..mly robled a ~ ~ ~ C_,~U~m for the Protection of C*hildr~L "rye never ~ the col~t'y ngited li~ thi$ 05 any i.till~* said a local politician suggesting ~ this was because the s~te was in the middle of, residential ares and within wulkillg dL.._~m~ce of four schools. Alter ne~iatiop. s with the landlord and store owner failed, the Coalition scheduled twice-,t,Hy ptq:mes~ opposite the sto~- ~ ncwsl~oes$ p~,~ided publicity, listing protest times and telephone numbers for furflier informsdon as well as tl~ ,,m~ of the store owner. The ovn~r soon assth-ed the Coalition that the store would beeore= family- oriented with an adnlts..only section but it was fillslly shut down in the face of contilnled opposi- tion. The Coalition vowed to demmtswale ag~ht~ other adult entertainment uses because *this is a significant problem in the city," according to one locsl legislator. Residents on the Upper WeS S'.K!e joined with local politicians to picket and rally in front of a triple-X video store on Amsterdam Avenue. The store is still doing business but the signage was altered to a formal tess nbjeclionsble to the community. A year later, some neighbors picketed a newly-opened sex "boutique' eight blocks away between Amsterdam Avenue and Broadway, calling it a "smut shop." A couple living in die small building said they were afraid tiz store would attract transients and expos~ children to X-rated material. "We don't have any control or say about whai's moving onto our block." said a woman who complained to the community board. 'I b~iieve in freedom of speoch.* added a neighbor who organized the demonstrations, "I understand that lxople have the right to sell and buy these things. I just don't want it across the street." 43 Concern over a tripie-X video store on Bleecker SU'~t in Greenwich Villqe io,'-,,'d 200 le~t from a church and parochial school prompted n informal protest by residems that led m the caszllarion of the lease. 'To have a store with pieann of a donkey having sex with a woman iocat~ ,10 yams From an elementary school is simply unacceptable," said a member of a nearby block asscciazinn. Another r~sident, concerned that an influx of triple-X video stors could harm the tourist business in the Village, st=,-~_:' "No one wants to do away with the Fnt Amnxhn~t but this is dsgr~.ding to the quality of life in the neighborhood." A number of merohants complain~ about the high visibility of a triple-X video store that has s~mi-naked women pamt~d on the windows and flashing l i ghts over the door. ~ is bad for the atmosphere of the enti~ neightmrhood. A lot of tcnrisu come tl~ougb here, and ths [triple-X vicl~o] storo can hurt evezTbody's business." [n November. at a community board meetmS in the Clinton az~a of Manhattan, residents of West 30th Steer in Manhattan testified for six houn about a 15 foot illuminat~l sign, "NUDE." rhsr advertises a new topless club on Eighth Avenue near Madison Square Garden A2thaugh worrisd: about the prulffention of adult entartainme~t uses endling their quality of life, it was reported that resid-nts we~ most outnged by th~ blatant s~sSs. "A lot of th~n jusz want to go into [the club] and smash the joint." said a member of the comm.,ity ~ About 400 residents man:her and pickett~l a 24-hour triple-X video store on Flathush Avenu~ in Brooklyn bccaus~ "it's a block: and a half ~om an elemenuzy school, and near a McDonald's and Burger Khg where high school kids hang out,* ar..cording to one civic leader. "We feel it dc~m't belong here." ~ In Coaununity Board 12 in the Bimn, a neighborhood bordering Westchesxer County, residents have organized several proziPs againsi a topless club that opeued in January on F~st Gun Hill Road near Laf. ouia Aveuue. The opposition is coucerued about the location of the ulub. "'rue glzy is surrounded by churches and s4~heols,* said lit community board chairman noiing thai the tht~ other adult entmuinm~nt ~ in th~ district are in primarily commercial arus. last fall, the Boast was success/ui in det~Ting the owner of a bar on E~t 233rd Strut from convet'~mg to a strip club. "Vv'e basically just told him that he was hurting th- neighborhtxxi's image and .himself by doing it and that we'd fight him,' said the chaffman of the cotru'numty board. 'He agreed to stop." fn Jackson Heights. Queens, mereben of the Jackson Heights Neighborhoc~ Association objected to a nude juice bar located on a conu'nercial strip. Northern Boulevard, two blocks from a school. When informal protests were ineffective, they initiated protests every Friday and Saturday night. "We're not questioning at ~l the First Amendment or ~he r~ght to be nude: said a local m~r~ and civic leader. "It's just their location, penoct." On East 52rd Street in Manhattan. between Second and Third Avenues, some residents have fomed a block association to protest the appearance of two triple-X video stores, The slams epitormze a relapse for ~he prr~iousiy notorious block known as the Loop for its male prostira~ion and profitsion of ~luk enteasinment uses. "l'l,.is was just beginning to get cleaned up," said one nearby resident. "Now, this." A landlord across the street from tim video stores complained: "Every one of our potential rentera refer to those stores. They axe unhappy to see this type of clientele in a residential neighborhood." The owner of an adjacent 5%unit aparunent however, claime::l to have a waiting list. At one of several protest rallies in from of the man who had brought Ms two young sons, said: "Bringing up kids in this environment is hard. My oldest started to ask, What's that, Daddy, as we walk by their big signs." The explicit signage and gaudy lighting that draw attention to adult entenammem uses are a focus. of much of the local condemnaxiom These gross cari~ of sexual objects are an insult.' said a member of Manhattan COmmunity Board 4. 'It's all pr/chdlo~ical,' said a store owner in Murray Hill ~y across the street from a triple-X ~id~e stott ~ store looks terrible but theTre not doing anything wrong.' A Chelsea resident agree~ 'The problem is nut that ira a !:n'n store but that it looks like hell.' Some midents peltrove other i..4-~_.'.. ~n....H,g from m p~ of ~ ~ Residcn~ repomd s~ing ~sdm~ for ~e f~ ~ on ~ Avenue m ~up held ~nt ~m~m~ ~ ~ up a ~le on ~ siM whe~ vdl~m h~gu~ cusm~ of ~ ~ple-X vi~ sto~. ~ me sipp h~ mu~ p~ ~ a cl~ ~ ~ ~ windows of ~ sm~ in~or. "Its ~d claimed to Mve ~ 7,~ siam optsing ~e ~t ~t ~e owner w~dows but c~m.ny cl~ ~g 1~ of Neighbon joined in nightly demonstrations outside an upscelt, nude cabaret, Runway 69, on Austin Street in Forest Hills, Queent The landlord was subjected to a barrage of telephone calls protesting the presence of the nude dancers. "I don't want to sound like rm all for it [the nude club]," said one local merebent. "but Forest Hills is changing." The club replaced a disco that attracted police attention because of the young, rowdy crowcL Afraid that the'adult entertainment u2 wouici increase congestion. attract ciisreputablc outsiders and artnet crime. the demonstrators continuea unUi the landlord negouated to buy out the ciub's lease. R. efernng to the First Amendment right of free speech that covers adult entere~tnment ~ a member of a neighborhood association in the East 60s in Manhattan cla~rned: "Everybody has a right to go to these p!aces but when it becomes a nuisance, when it be~'omes a major pwblem, we can exercise our First ,6~zndmeut rights to protest noise, sanitation problertu, tra~c and crinzs.* There have been numerous letten and petitions from community groups and local protesting the intzasion of adult uses into their community and uking th~ Ci~ to fred solutions fur the problem. "(We) just wish to live quietly and raise (our) families in quiet residential ties," wrote the pr~ident of one borough-wide civic group. A taxpayers' group in Glendale said that having to pass adult tt.~s was offenmve for ci~ldren and adults who pm'ucipn,_,M_ in activities at the many schools and churches prevalent in the area. Another neighborhood group in Queens asked for a moratorium on any new sexually-uriented bars. The executive elba'mr of The New York Foundling Hospital was conchned that their young cha~es were exposed to the "blatant and offensive' signs advet'ei~zins tripie-X vi4:l~eo ~,ofes in CheLsea. A neighborhood association in Ms*~hsrrse; wl~te th2 it '$ee~ the pxDtifer~l~on of pornograp~c b-~ieesses as a dang~ ~ ~ vinl~_,_,~_ the integriW of our East Si~ neighbor- hood.* A resident of the FAst Side wrote: 'We, who live in the civ/s residential arus, ate not opposed to free speec___h, we just feel pore establishn~nts should exd~.L~e their fr~ speech in mote apl:n. opriat~ commercially zoned areas. Th~ tenants of a residential hotel in the Times Squa~ ires submitted a number of signed petitions and ~ 'Although the people who live in this building and in this neighborhood can prove no hard numbers about how their businesses have been harmed or prove that ~ lass increasetL they do know that the quality of their lives and their neighborhoo<i is being de!-_,__-ri,'ousiy impacted." Another civic group summed it up wtaeal it ~ "many law-abiding citizens view ~hes~ establishments as a thrut to the quality of life in their neighborhoods. Such concerns ate quite valid and should not be easily dismissed." ~6 VI. SURVEY OF ADULT ENTERTAINMENT USES [n [993-94, DC? surveyed street and signage concEitions, local orgamzanons and bus[net, sos. estate brokers, and police and s~itation office~. ~d ~yz~ c~n~ compl~nt ~d p~ ~se~ment da~ for six study ~ ~ughout ~e ci~ to obt~n infom~on ~ut ~ i~ of ~ult ente~ent ~Hs~u. A map indic~g Ti~s Squ~ ~ wu not chosen u a study ~a ~cause the TSB~ Study wu al~y unde~ay. D~s study ~ we~ mos~y in the o~t ~u~ tio~ of ~ult u~. ~e of ~e s~ study ~ c~ a ~e ~1~ ~, ~ ~h study ~e~ D~ select~ "su~ey" blight(s), con~ one or mo~ ad~t en~e~men~ ~l~h- menu. ~d "tonal" bl~n~s), w~ch have si~l~ l~d u~ ex~ for ~ ~ult ~. A ap o[ e~h study m a ~ciu~ ~ ApFnd~ A. Summary Survey Results Sidewalk and sm~et frontsSos on the survey and conrol blocldronts in each of the six study areas were studied for noise, traffic, sanimion, and loirzring, Caution should be exetci__t~_ in generaliz- ing from thle survey, Observadoas were made during the cold westher moths, and over a brief amount of time. Cold weather will discourage loitering because few people want to reinsin outdoors for extensive periods under such ,~onditions. Surveyors did not spend significant amounts of time observing each su'ee~ Hemeat` although obserra~oas were made mote than once, on v~ous days of the weeit, at diffe~nt ~ of the clay er night, and on nunseN blockb-onts. On survey biock,fzonts in ball of ~ study sross. impacts were noL, d l'ney were generzJly associated with non-adult uses. e.g., noise from voices and pedestrian congestion were noted on a blocldront in Study Area 2. but the impacts are associated with a playground. In Study Area 3, pedestrians were observed waiting on the sidewaiL but for meals served in a church. However, some noise from music emanatjn~ through the walls onto the street was no~ed for the topless bat in Study Area 6, Signage Review Accesson/business signs were exarmned for all ground floor commercial uses located on the '4 Study Areas Adult Entertainment Study survey and conu'ol block. fronts in all six study areas. Little difference was nott~k for most signs On th= survey blockfronts compared with the control blockfronts, except with respect to adult cntertammeni establishments. In general, signage is characterized by the nan~ of the establishrn~m located above th~ staffhint Sonztirnes the acce.ssory business signs ar~ illuminated; less fr~:luentiy th~ ar~ flashing. Whe~ there are display win~iows, additional siS~s are ~nerally found; these ar~ of~n neon or ~umin~o ed. Signs alz generally flush with the buildings. but ~ sometimes lc.~,,,,~ on trwjectmg ~ Significantly, however, the signage for tl~ adult entertainn~nt establishmenu is charactemtically at odds with that of other establishments. In half of the study m. signage for the adult occupies a g~azr percentage of stordront surfac~ area than other commercial uses located within the same blockfronts. For example, on blockfronts in Study Area 2, acmsory businto signs cover approximately 25 to 40 percent of the storefront surface aret but the adult use sigh~e occupies gO to 100 percent of such area. On blocicfronts in Study A~ea 6, ,_ee_-,tsory sig~ cover about 20 percent of frontage; the adult use hal signage covea~g apFi~,xima~y that amotmt Onblockf~nts in four of the aix smdy ama, adultmsignagntench to b~illumina~lwbenUd non-adult co~ ~ is n~ For e~ on bl~na ~ S~y ~ 1, a~y ~ h s~ con~ 75 ~nt (3 of 4) of ~ ~t endmere ~~ Mve si~ illu~na~ but non-a~t ~ 1~ on ~ b!~wnu pn~y have non-ilh~m sigu~ge- In half of the study ax~st ~r~ ~ for adult m signage was nozd- For example., in Study Area 5, tl'-~ outlixg of t!~ femal~ fi~ wan a component of the adult iae bnsinasa sign. Flashing signs were generally not noted for th~ adult uses located in the six study areas. The s~ of the signage for the adult tag lenarod in Study Asia 3 is typical of that of movie thealert Signi~candy, the movie marquee and movie pester board display windows are devoid of graphic material; only "X.X.X' and 'adult' indicate that pornography is shown inside. Community Responses Twenty-eight local organizations, including the community district offices, within the six study ~8 a~as were contacted and 23 responded to DCP'S survey: not all responded to each question asked. A majority ( 14 of 22) informed the surveyor that over the last year they had rec=ived comments about adult entertainment establishments located in their communities.. Five said that the~ comments represented about half of all comments made about commercial uses; four informed DC'P that they made up an even greater (a high) proportion of such comments. The conune~ts, primarily from residents, mentioned graphic sipage, potential pmliferation of uses, proximity to residential neighbo~&xis, negative influence on chilcl~n and teeringers and the nature of ~e adult use itself. More than 80 percent of those surveyed (19 of 2.3) responded thai adult entertainment estab- lishments negatively impact the community in some way. Two-thirds (12 cf lg) st,_t_,~_ thai the impacts from adult uses are different from those of similar establishments not ch~zt~dz~d as adult: however, ball and discos were of~n said to create problems whether they have an adult use character er not. Approximar, ly 20 percent of those responding (4 of 19) indicated that the izntrdas are the sa~ne for all types of adult uses studied. Nearly 40 percent (9 of 2.3) of thor responding suted that they have dealt with the owue~ or manager of an adult business about a community concern. Only two reported thai the issue was resolved. Business Responses Ninety-seven businesses located within ~e survey and control blocldronu we~ contacted and asked to respond to DC?s business survey, and 70 agx~ed; not all r~2onded to each question Approximately 20 percent (13 of 60) of those responding staled that they have _r~_eived commits about adult use~ in their area. F~example, some said they were aware that re,~cienu. clients, etc., perceived that the adult use was inappropriate for the neighboffiood, or that a pmliferadon would be bad for the community. Thirty-three percent (17 of 52) responded "not known" to a question about how nedroy adult uses impact their business. However, seventeen percent (9 of 52) responding to the question think that nearby adult uses do impact their business. Ninc (of 40 responding) believe the impacts are the same for all types of adult uses, i.e., adult bars, triple-X video stores, and adult theaters. Twenty percent of the businesses responding ( l I of 53) think that the impacts from nearby adult entertmn- mere establishments are different from the impacts of smular es~ablishmems not characterized as adult, Nearly half of the businesses responding (27 of 57) believe mat their business would be negatzvely affected if mor~ ~rhqt establisbm_;nts were to locate near thertL However. a nearly equal number (24 of 55) believe that their business would be positively affected if more bars, movies or theaters, or videeoookstores of any kind were to locate nearby, About [0 percent of the businesses responding (4 of 44) st,ted that they have dealt directhe with owner or manager of an adult business about a btlsinet, s concern. Half advised the surveyor that the concern was resolve~L Police Responses The community liaison or beat officer was interviewed for each of th~ six study When ~e survey and control blockf~nts were compared for criminal cotuplaints and all~gatioas, the officers getarally ~ not liak higher incidenu with adult uace. Thr~ officta's believe that cr~i~aj alleralions are higher on the surve7 blockfronts compared to the cornrot block~nnu Irat, in two of these uses, the hiSher incidence of allegaxions was atuibuted by them to uses urels~i to the adult use. In a single insunce, an officer replied that the adult entertainment establishn~nt located in the study area has some eff~:t on crim~, and then 'only rarely,' Four of the six of~c~n · ought the adult uses have no eff~"t on ~ One officer stat¢d that if more adult enmminm~nt establishments were to locate in the study am. crime probably would increase. However, that officer and another responded that more bars, movies or thealan, or video/bookstores of say kind would effectively increag crime in the study area. Real Estaut Broken R,sponsu Nineteen real estate broken from all of the six study ax~as were interviewed; not all responded to each question asked. It is significant that more than 80 t~reent of the brokers responding (t I of 13) reported that an adult entertairtment establishment tends to dccrea.se the mazket value of property that ties within 500 feet of it. When the distance is increased from between 500 to l,OOO feet of an adult use, a 50 msjancy of broken (T of 13) indicated that me same p~nomenon would occur. At 1,000 or more feet, less than 25 percent of the brokers (3 of l]) responded in this manner, The pattern of response was basically unchanged when the question refen'~d to two adult uses (a concentra.uon) instead of one. In addition, approximately two-thirds (8 of 13) of the brokers expressing sn opinion s~id that the presence of an adult entertaxnment establishment lengthens the. time it rakes to sell or lease near~y propen?, or the turnover rate of nearby properties. Several broken added comments m explain their responses about the irapert of ad~lt entertainment establishments on nearby property values. Some said that propera/value doc~ases would be mirareal, or tha~ values may be affected differently depending on the age make-up of ~ ~ One broker suggest~ the area of imp=t as one avenue or two short blocks: most brokers said thaz it was not the physical disnncs but the pe~eived impact that mattered most. One broker said t. haz impact depends on whether the (real es~e) market is up or down. in general. commercial brokn's said that impacts on commercial properties would tend to be limited because the value of store- fronts on such strips is deterrmnexi more by Iocational factors, business volume, etc., than by a nearby adult use. Not all comments were negative: for example. one broker asserted tint a particular adult bar often customen check cashing, a service that would ne{ odztwise be avsi!shle in the rnan~annring distrio to which be was tderrinF, Three brokers rc!;~__,d_ incidents in which an adult use negadvely impacted other properties, One incident involved a childron's gym that moved after a toplens bar loused wird~in Use nnz shc~l center, Another broker repol'~:l thai a pms~ve residential loft pu~h.~ was terminated aflu it was reported t~s_.t the Flowes Disaict plann,~ to move, The ~ fezzeal tha tim vacan~ space would be occupied by adult uses. A third incident concertseal the broke~ -- be stall that when be learned that his wife's company was p!~mnln$ to move to a building consaininl a stolefront adult use, he intervened and found new offices for the company. Subsequently, he heant dial ~le space in the building con~sl-ing the adult use wok a long time to rent. Sanitation Interview The Sanitation Department official representing each study a~ea was interviewed. Sanitation problems were att,-ibuted to one adult use, located in the Study Ar~a 6. The problem consisted of two violations issued over the past year for litter and broken glass in the accessot7 parking lot. 51 Analysis of Criminal Complaint Data The Police Department provided DCP with information about cnrmnai complaints for the thrc~- month period begituung June 1. 1993, for the survey and control blockfronts within the six study axeas. The compiaint~ were drawn from precinct flies. Criminal complainu are allegetitans of unlawful acts, generally reponexl by a vic~m. The study analyz~l this data to see if there was any association between it and adult uses. Within each study area, there were generally more complaints noted in the survey block.fron~s compared with the control blocidronu, as shown in Table 4, below. Only in Study Area 3 were more compialnu recorded for the control blockfronts compared to. the survey blockfronts. la Study Ax~a ,s, an equal number of complaints was not~t for the survey and control blockfronts. Study Ar~a 6 has too few complaints for meamn~ analysis. TAaLE at CRI1VilNAL CO1VIP~ ON SURVEY AND CONTROL BLOCFd.-RON'fS Study Area Complaints on Su~e~ Blockfronts Study Aroa I 80 Study Area 2 16 Study Aru 3 47 Study ~ 4 8 * ~ StudyArea5 117 Study Area 6 3 Complaints on Blockfronts 24 tO 99 29 0 Within each stud~ ares, the num~ of survey and control blockfwnu often differ. In Study Aress l, 4, 5 and 6, the number of survey blockfronts is greater than the number of contwi blockfronts. To account for these differences, a control blockfront was 'paired' with the survey blockfront ihat has the most similar land uses (and an adult entertainment establishment). Cri~ complamts for the pau~d biocidtouts arg shown in Table 5, below.ss CRIIVIINAL COMlsLAINTS ON "PAIRED" BLOCKFRONTS Study? Area Complaints on Control Complaints. on Paired Surve,j~ Block front Blockfront Study Az~.a I ·. t0 7 Smd.v Area 2 10 Study Ax~a 3 99 47 , Study Area 4 8 2 Study At~.a 5* 6 I0 0 0 Study Are4 6 Two control blacks were chosen for me smdy ~ it spans :ppmxim-t~ly one RUle. ~ud the ct,,uac~' of it In Study Areas i. 3 and 4, ~ were more complaints noted on the coufzoi block:fxuuts ~ with the survey blockfzuntt However, in Study Axeas 2 and 5, mine complaints were noteel on the survey blockacrouts rompaxed with die routml b|ocktrouts. In Study Area 6 there were no complaints on either the ronmal or survey blocidzuuL Offier land tm related crit~rin could affect the analysis. For example, the location of ttz ~ control and survey blockX~,~,ts wu analyzed for proximity to tralB1portatio~l facilities soch a.$ subway acredora arid limited-__-,:,r~__, highways. These facilities bring coucenradons of people int~ an area, and by doing so my affect the incidence of criminal complaints. In general, the blockfronts locaP-d closest to subway stations and a limited-access highway ramp had more crimirta} romphlhlts thall blockt',:,ats locazM farther away. Excluding from this analysis one of tim pair~ blockt'onts in Study A~ 5 tlm is distant from subway acc. g~, and Study Area 6, beeaug there were too few complaints to ¢onsidP. r, the analysis found that in each of the or. her study az~u the number of criminal complaints was greater near transportation facilities, notwithstanding the location of an adult use. In addition, caution should be exen:iscd in making inferences using criminal complaints, Dat~ was Duo to limitations in reported data, in Study Area I -- where the complajnt,$ were generally listed by sta'e~ inte.e~uon ra.r.Ber than by blocldront ~ lSth S~ee% was chosen for the two survrf block:fn)nu and 11 st S~yEgt was chosen for the xwo conu'at blockfronts, collecte~ for th~ litrated purpose of idenufying differ~nce,s m cn~n~ compl~n~ ~e~n su~cy ~d con~oi bl~ronu w~n each s~y ~ not ~e~n or ~ong s~dy ~u. Diff~ m ~ num~rofc~n~ compl~n~ ~tw~n or ~ong s~dy ~ m~y ~ ~ ~n~on ofvm~o~ population density, or other facto~ for w~ich no sm~y con~ls wc~ ~stablishcd. A~i~on~ly, da~ w~ ga~ for a single, ~ted p~n~ of ~m~; not for ~n~ ~ysis, ~ su~, R w~ not po~ible to ~w dcfini~ve canciusio~s f~m the an~ysis of c~ compl~. ~d ~ 6~ ~ ~t en~n~nt ~s~nu, e.g., subway su~on appe~ to have a f~ s~ong~ ~t~ons~p to cn~ cornplan. It wu not ~ssibl~ imp~t of adult ~ ~ve to ~ compi~ Analysis of Property Assessed Values For each study area, propen? messed valuations were idenU~ed for 1986, 1989 and 1992, and the percentage changes be~een 1986 to 1992 were noted for the study area, survey block.fronts,. control blockfronts, commumvy district, and borough. The survey and control blockfronts were compazed using the dam indicating the percentage changes. The survey biocidronts were also compar~ in the saw~ way with ltz ec~nmunity disrod and borough, The analysis oftrendm in asseased valuation relative to adult enteruinment uses was inconclusive. It would appear that if adult entev'~inment uses have negative impacts, they are overwhelmed by other forces that inereas~ property values oreniL at lenst as me.s.utred by assessed values. Even at the small scale of the survey blocki,,,~t, there is a wide diversivy in the assessed value u'ends ranging from an increase of more than lg percent to an incrcase of more than 200 percent over ~lz period of analysis, strongly suggesting the importance of other fa~tor~. The influences on assessed value thai tim civy's asst. asors ~P2 into account ~ numerous and inciucl~ the sale prices of similar comparable pwpenies adjur,~ for diffe~nces in size, age, and location. While the toni assessed values on the survey bl..oc~nts my be influenced to some extent by the presence of adult entertainment uses, demonswaling such effects is very difficult. In the two Manhattan study areas (Study Areas I and 2), the change on the control blockfronts substantially exceeded the change in the messed valuation on the survey blockfronts. Between 1986 and 1992, the total assessed valuation on the control blockfronts in Study Area I increased 165 percent; the survey blockfronts increased 6g percent. In Study Area 2 during that period, the control blockfronts increased 134 percent; the survey blockfronts increased 18 percent. However. in the other four svady areas, total assessed valuatmons ,Increased by a geater percentage on the survey block,fronts compared to the control blockfronts. In Study Area 3 (the Bronx). the total a~d valuauon on the survey block~ront increased by ~64 ~rcent over the six-year p~a:l: the control blocicfront increased a ~55 percent. In Study Area 4 (Bwotdyn), the total valuation on the survey block. fronts increased 7g percent; the contro! blockfnant by 19 Study A~as 5 (Queens) and 6 (Staten Island) had incr~a.~J of 153 percent and 20l survey block. f~nt% and 149 percent and 8g l~r~nt on the confro| bkeklcmntt ~spet'tiveiy. Ther~ axe several ~clditional r~agns why the messed value findings a~ neea~arily ambi~,xatt First, the survey bloc)dr~na tend to be commercial strips or shopping streets. propercy in a stable ~ is likely to have msad values updated with g~ater frequency by a~s$ors, who ta~e into aa:otmt incnn~ and expense data that tend~ to have a net ovenill pooltire effect with inflation. Undar the Din~ Income Capitalization method toed by to yield a higher a.sse~ed valuanom Second. the adjoining commumty dismet tends to contain a greater pmpo~on of r~sidential proper~y, which is subject to legal limitatio~ on the ~creasa in a.t~ttad valuato~. Sin,. lgt), residantial pn}per~y in Clasa I (lmznarily one- to ~-f:,mi|y hough) have had theia' !xmmtial allnual asP..~ni~nt in~ lirnit~:d tO Six pelT. alR ~nd theix' Xx)~tiaJl ~immxr,~_ ~v~-ye~ ~ capped at 20 pea'cent (unless the i~ is due to a *physical change' axch u coMtructicm), In addition. in the ab,auca of at nail, r~id{ntial pio~my tenda not t~ be ~ pardeuhrly compazed to non-residential ~ in an sctiv~ ~ Third, the total assessed value of the survey blockfronts i$ very small as would be expected compared to the community districts; in ~me ca,sea le~s than one percent. While trel~ds in the community district would tend to be reflective of local area txenda, the magnitude of the sm'vey btocLaont component of total assused valu" in the district is so small that its conmbution to the commumv/dis~ct trend would tend to be iml3el~xl)dbie, w~ its specific impact was ne~adve or positive. VII. OVERALL STUDY FINDINGS AND CONCLUSION DCP found that the number of adult enter:ainment establishments m~ substantially thmugh- <~ut New York City between 1984 and 1993. increasing 35 percent - from [31 to 177. More than 75 percent of adult entertainment establishments are located in zoning districts that pernut residential uses. Often these uses are found in concenrauon. such ax in the Times Squar~ a~a and Cheisea in Manhattan. Adult ust. s am now located in more of the city's ncighbomoods than before. and have clustered within them. For example, between 1984 and 1993, the number of community' districts with seven or more adult cntenairmlent establishments tripled, Erom thee to nine. Seventy-five percent of the adult uses are located in nine of the city's 59 community disroots. Outside of central locations, adult btninesses have cluatered along major thoroughly.u, such as Queens Boulevard and Third Avenue in Brooklyn. Adult cntertmnmcnt is more readily accessible now than it was ten yeari ago. Cable television, newstands, bookstores and many general interest video stoma also provide adult viewing material. 'l"he proliferation of adult entertainmere establishments within New York City is am'tbutable in part to the increase in adult video stoma, which mcendy have begun to ean'y inexpcv. sive videos, and growing ambers of tfigh-pflced topless and nude bars. (:~nZing sexual mores since the scou/g,~ of AIDS my be another fzaor. One seeneat of th~ indusuy, adult mple-X videos, reported S2.1 billion in sales and murals in 1993. Within New York City, the topIon club segment of the indust~ is estimated conservatively as a $50 million a year busine_t_,. employing about 1,500 dancers. DCP found secondmy hnpsc~ similar to {hOse found in studies done by other tocslities. For example, the Town of hfip, New York found that adult uses creato "de~ zones" in commem~ areas which shoppe~ avoid. Los Artgules. California founa a greater proportion of certain crim~ in areas of concentration of adult uses compared to the city as a whole, and other impm trace~ to negative public perceptions about adult u__tes_~ such as the need to provide private sectrely guar~ in patking lots and closing asea b~..ea.~i early. Los Angeles m found that a~ult busine.ues were perceived by the majority of sur~ey respondcuB as exerting a negative impact on surrounding business and residential properties, stating "in terms of th~ attitudes of the mpondent~ town such businesses, the conclusion must be drawrl that the overall effect on surrounding properties is considered to be negative." Indianapolis. Indiana in cooperation with the Indiana University School Of Business' Divisioe. of Research, surveyed national real estate appraisers and found that 75 potent of the appralser~ t~lt that an adult bookstore located within a block of a residenUns neighborhood would have a negative effect on real property. Major crimes occurred in study areas that contained at least one adult 56 ~nteruanment establishment at a rate that was 23 percent higher than six control arras (s~rmlar areas wxthout adult entertainments). and ~ percent higher than the Indianapolis Polic~ Distact The City of Whittier, California found higher turnover rates in commemal and resi~nUal ainu adjacent to adult uses. The study compared 3g types of criminal activity over two t~,',a~ p~nods, showing a total incr~lse of 102 percent for the study area containing adult busines__~s, while the city as a whole, oily' had an eight percent increase. A study by the City of Austin. Texas compa=,'ed areas with adult businesses to other areas containing sirefiat land uses but no adult businesses, revealing a sex c~tr~ ate between two and five times greater in the areas with adult businesses. The study also showed that the sex-related crime rate was 66 pen:era higher in areas having two or more adult businesses than in thus,- ~ having only-one such business. Phoemx, Arizona studied the relationship between arrests for sex critues and the lucauous of =~,4t businesses, finding an overall increase of six drnes the sex crime rate in the study arus with adizk uses over the comrol atus without such uses. The S,,,* of Minnesota reported that a study conduc,.fl in that slam examining the effe~-Is of sexually oriented busines.ses upon propen~ values and criw? rates indicated clearly that such businesse.s had a stron[ nerve irapad on the crim~ ra~ Th~ addition of one sexually odemeal business to a census tract area caused an increa~ in the overall crime rate in~x in tha~ area by mote than nine ~ tn another sta~ study, it was determined that the.~ was a statistically sigmficant correlation betwe~ the location of ~H,,!~; busineas~ and neighboffiood decoration. Housing values were signilicanfi,/lower in an area with thn~ adult businesses than in an aru. with only one adult busiest: ALSO, the~ w~ a sigdilkantly higher crm~ ra~ as.s~_,__~ with two adult businesses in an ~ than was as.ioeialfl with only one adult business in an axed. Many other kx:alities such as Manntee County, Florida, and New Hanover County, North Carolina, relied on the studies of other Iocaliti~ to predicate zoning text amendments. a method sanctioned by the United States Supreme Counfi4 As a result of these impact studies, numerous communities enacted zoning Laws to resmct the location of sex businesses and to require their dispersal. Some of the communities include [slip, Huntington, Brookhaven. Smithtown and Babylon on Long Island; St. Petesburg. F]orida; Aftaura. Georgia; Orange County, Califorma; 66 City of Los Angeles. California; Seattle. Washington; Camden, New Jersey: Kansas City, Missouri; Jaclcson. NLississippi; San Diego, California: and, Chicago, Hlinois. Studies and reports have documented the impacts or secondary effect~ of adult entertainrecur establishments located within New York City. A 1977 City Planning Comnussion report noted that the concentration of adult establishments in the Times Squat= area crem,.d_ adverse economic and social impacts. 'TIle Cornrain:ion retated the proliferation of adult emenainment uses to a decade-old absence of major investment in that are~ citing tax arrearage, sales ci~:[ines, cl~ loss of jobs, and closed businesses. Increases in felonious criminal activity was characterized as "overwhelming" in areas where there were concenntions of adult uses. Complaints for felonious assault were 14~2J percent higher in police posts with one or mor~ adult uses compand to posts without an adult use. I.n 1994, the Times Square Business Improvement District published a study, "Secondary Effects of the Concentration of Adult U.~ Establishments in the Tane~ Squaxe Area." While conditio,,s in' the Times Square a~a have improved dramatically since 1977, the study found that the ra~ of increue of total ~ proi~A'ty values for the study blocks with adult uses did not increas~ as much as the rate of ina'ea~ for the contwi blocks without adult use$. In addition, there were almost twice as many complaints about me for the study blocks with adult entertainment establishments a.s nedCoy control blocks without adult urn. Property and business owners expressed the view that adult ~ located in the area. particularly in concentration, have a negative impact on their businesses, ~g potential customers. The study expreues the concern that the recem proliferation of adult tae~ (from 36 in 3une, 1993 to 43 in April 19<)4) constitutes a threat to more relent coral pwspetity ,,,d midential stability in the m Many residents of the conunities in which adult entertainment establishmenu ax~ located have complained about the impK't~ from the~ establishments. These impacts include: exposure of chilctren and teensgin to graphti sexual images, increased crime, dimihishing proputy values. adverse effects upon the climate for othex types of commercial activities and overall negative influences upon community charactex. Sexually explicit business signs or displays visible from the public street m'e particularly offensive. The public's concern about the impact on residential neighborhoods of even a single adult entertainment use. the threat of a proliferation of adult entertainment establishments in the city's neighborhoods. a~d especially a concentration of adult uses, is evidenced by a review of recent newspaper articles. DCP's survey of newspaper articles about.the prolifetation of adult enter- tammerit ~tablishments shows widespread public concern about their impacts, such as increased crime, attracting disreputable outsiders to a re.sidenttal area. changing neighborhood charac'd~, amt outrage and fear. For example, a businessman on Sixth Avenue in Chelsea who has just had a triple-X v{deQ store move into the ground floor space in his office building stated ~rhen I see every couple of blocB has that kind 'of store and just worry that the neigbborho4xl would cry, age to be like Times Square."67 Concern over a triple-X video store on Ble~ker Street in Greenwich Village loa~ 200 feet from a chttmb and parochial school prompted an informal protest by msidenu t~ led to the cancellation of the lease. "To have a store with pictures of a donkey having sex with a womaa located 40 yards from an elementary school is simply unacceptable,' said a member of a nearby block association. In another example, a report stated that about 400 residents marehod and picketed a 24--hoot tnple-X video store on Flatbush Avenue in Brooklyn because, according to one civic leader. "it's a block and a half from an elementary school... we feel it doesn't belong In Community Board 12 in the Bronx, residents orgeni:,ed several protests against a recently opened topless club because of its lc~'~tion. "rhe guy is surrounded by churches and schools,' said tbe community board cbair~,n: noting dax the three other adult uses an in primmily commer- cial areas. In 1993. the C'helsea Action Coalition, in cooperation with Community Board No. 4, published the Chelse. a Business Survey, which id~n~l negative impacts associated with a concentration of sex-related businesses in that community. Of 100 businesses surveyed, percent felt that the triple-X video stop, had a negative impact on their businesses and g8 percznt thought the l:u:)teatial for doing bL~:inesl iil ChoRea hss bee.~ negatively affec~i by the adult Several impacts from adult entertainment establishtaenu were noted in a public hearing bold October. 1993, by the Manhattan Borough President's Task Force on the Regulation of Sex- Related Busing. Mote than 20 testified: approximately twice as many in favor of regulaung adult businesses as those opposed to government r~gulation. 67 References to "T'mle~ Square" t= o~ut made by New Y~m ca~ a~l me pml~fe~Uon co~=n~uon of ~ult ~biishm~u. [t is not h~ to undm~d why. Acco~in~ to ~e 1983 Annu~ R~ of ~e Mayffs Office of Mid~wn Enfo~emenc m ~e mid- 1970's '~mes Squ~ w~ clogged w~ pimps, johns, and h~ken u well u ~e ,~icu and mu~ge~ who along ~ states ~al i. ~ prosutures work~ oul of ~e dozen ot ~em pried on ~e public." ~e prosutuuon hocels arid ~e 23 m~uge p~ion concennted along Eighffi Avenue ~tw~n 5~ S~e~. ~d ~o~cr twelve sex busm~se$ ~¢re w~ged in ~tween ~ese business. 59 Those citing negative impacu from adult establishmenu noted crime most frequently. and quahti of life impacts such as littering, noise, late mght operaUons, offensive signage, and genual perceptions about neighborhoods or certain streets. For example, the Presidem of the 42nd Sti~ Development Project. refernng to a concentratxon of sex-related uses on 42nd Street between Seventh and Eighth Avenues. cited a 60 percent drop in crime after the Project: took title to two- rhircis of the prolea aru in April, 1990 and a majority of the site was cleared. The operamr of a not-for-profit SRO 'salted that pemns loitering near va, o adult establishments located aerou m su~et from the residence have ~,d,. the street "intimidving," giving it a "diffmm feeling' from that which had existed before the second adult use moved to the street. Some observed that offensive sipage depicting eroticism or sexually explicit words were noted as especially problem- atic for chilch~u; sometime~ these sip were located near school bus stops. Some noted that the impacts from adult entertainment establishments were positive, e.g., burlesque theat,'r owner stated that her business provided 50 pertera of the business of the commer- cial parking iot located across the su~et. The positive impacts of adult entemmment estabRshaznls wer~ further noted in a meeting held by DCP and indusuy r~pres~ntatives. They maintain that businesses earn revenu~ for the city, pmvid~jobs, and stimulate tourism. Thn~gh th~ fall of 1993 and continuing into 1994, DCP surveyed street and signage conditions, local organizations and businesses, teal estate bwkers, and police and sanitation officers, and analyzed criminal complaint and propen~ assessment dam for six study m throughout th~ city obtain information about the impa~'ts of adult enmrminment establishmenu. Four of the six study arena were in boroughs other than Manhanna and in some cas-s contained a single isolm use. Surveyors found few problems but much of the work involving street conditions (noise, loitering, liner) was done dux'ing the winter months. and the r~sults should be reviewed with caution. Sigrd~anfly, the survey noted tb~ignage for the adult entertainment establishments is chara.-~r- is~ically at odds with that of other nearby commercial establishments. In half the study areas, signage for the adult use octpies a greater percentage of storefront surface area than other co~ial uses located within the same blockfronts. In one study area, accessory business signs cover approximately 2~ to 40 percent of the storefront surface area. but the adult use signage occupies g0 to 100 percent of such area. In four of the six study areas, adult use signage tends to be illurmnated when that of non-adult commercial us~s is not. In one study area. approximately gO percent of the ground floor commercial accessorY business signs are non-iitununated: in stark conh-a~ 75 percent of the adult establishments have illurrunated signs. Also, in half of the study 6O areas graphic material w3s no~ed for aduR use s~rtage. It is aiso significant that more than 80 percent of the real estate brokers responding to DC'P's survey reported that an adult entenamrocnt establishment tends to decrease the market valv-- of property within 500 feet. When the distance is increased froro between 500 to 1,000 fee~ of sn adult use, a majo. nW of broken indicated that the same phenomenon would cc~r. The pm of response was basically unchanged when the quesUon referred to two adult uses instead of one. In addition? approximamly two-thirds of the brokers exprttsing an opinion sta~d that the presence of an adult enter~ninment establishment lcn~Jlens the time it lakes to sell or lease nearby property, or the turnover rate of nearby properties. This is consistent with general principles of determinin~ market value of real property, tha~ value reflects and is affectad by forces tha~ toolirate the activities of people, including social ideals and standards. In surveys of cormnudity organinUons, more than 80 pe~:ent responded that adult establishments nega~vety ~pact the conumty m sore w~y. Nemy h~f of ~e b~ ~e~e m~ ~ b~m~ wo~d ~ ne~vely t~ ff mo~ ~t ~~ n~ ~ ~ ~n~nu in~ ~t ~e~ bu~es~s or neigh~ v~ly ~ by ~ ~ ~ u~ we~ n~ ~ic~y fou~ ~ c~on; howe~, ~n~n~ ex~ a f~ of ~ w~ of ~ ~m~ ~Bf~ ~d co~ of adult ~n~ ~ ~on~y nei~~ ~o~mg ~ ~on~ ~es~ per epUon are bolm~l by rmap in ~ TSB~ Study ~d ~e ~el~ B~ S~ey, ~ong wi~ o~ sm~ d~ ~ mo~ dc~ ~ ~ ~ Ye~ ~f ~a p~g ex~en~ co~ ~ ~ ~ of negative imp~ ~ i~t ~ ~le ~ on ~eir ~ep~o~ ~ ~ ~d= Pc~ L Bu~no d ~e N~ Yo~ Police D~ent le~ c~e on ~ult us~, 'u~ s~iolo~ist Mel Ravi~ sta~d a s~iolo~icg uiom: If perle ~Ueve some~ to ~ ~ ev~ if ii not od~n~ly, ~ey will tend to ~ u if k we~ ~e ~ in so doing, help p~u~ ~ condi~on o~tin~iy ~lieved-''~ 6S 69 'Hirin~ Private Security Guards to Cut Neighborhood Crime: The New York TLn, es. Au~st 18, 1994. p, C6. Gibbs vt ,,mencan Mini-Theairel, a.s cited in 'Adult Enteramment. A 40 Acre S udv,* p!anntn( Diviswn, Department of planning & E~onomtc Development. e<t. Paul. Nlinnesots. 1983. The analysis of cUrrenal complaint data and property assessed valuaUon data was less conclusive than the surveys, Regarding criminal complaints, it appears that land uses other titan adult entertainment' establishments. e.g., subway station access. have a far stronger relationship to criminal complaints. It was not possible to isolate the impact of adult uses retative to criminal complaints. One reason is thai data was coUec~d for the limited purpose of identifying ciiffemnc~ b~tween survey and c'oBIzOl blockfronts within each study 8rr. a. not between or among st'u~y at~s. Differences in the number of complaints between or among study areas may be a function of variations in population ciensities, or other factors for which no study controls were es~blished. Additionally. data was g~ for a single period of drne, not for u=nd analysis. Comparisons of peruenrage changes in assessed valuations between 1986 to 1992 for the areas, survey and control blockfronu, community disu-xct, and bumugh, did not reveal any significant relationship. It would appear that the negative impacts of adult entertainment tLV, S on property values that were found in other studies were overwhelmed by forces thai increased property values overall. ai least a~ measured by assessed values. DCP found ~ai demonsrating the effects of adult uses on propen7 vclues on survey block:fronts is ve~ difficult.for ~versl reasons, including the lack of sales and le4u8 dais. assessment pracLices, and the small total a.ss-4s~ valu~ of the survey block-~..c,~,z relsive to ~e comrntmit7 disuia. L,s some cases, particularly in study az~s with only one adult entertalnmeng establishment. the DCP survey did not yield conclusive evidence of a <~ct relationship between ~e adult use and d:~ urban ills affecting the community. This tefieas die fact that, in a city as dense and diverse as New York. it is diffk:uk to isdiale specific impacts attributable to any particular land use. Other · cities thai have conducted similar studies have sclmowledBed this same difficulty. For instance, ehe Los AnFtes City Planning Dq~ulzn~t concluct~i thai whil~ asse. ssed valuation of ptop~ies in areas char-ac~m. ed by re:hilt uses ~gemerally" tended to increase to a lesser degree than similar control areM, "thel'e was insuff~'ent evidence to support the contention tha~ concentrations of sex- reintat businesses have been the primary cause of these panems'. Adult entertainment businesses were nevertheless perceived by the majority of the Los Angeles resp<mdents as exerting a negative impact on surrounding business and ~sidcntial properties. Whether or not such negauve impacu had actually occurreel, or were only perceived to have occurred, could not always be detertinned by the survey, but the study concluded thai "in terms of the attitudes of the respondcuts towards such businesses. the conclusion must be drawn thai the overall effect on surrounding properties is considered to be negative." DC~'s survey identified sLyriB ~on~er~ about the ne~a~ve found in ~c Los ~geles s~dy. Even in ~osc study that negaUve imp~ were ~dy ~mg fet~ ~cm w~ a s~ng ~y o~opimon, resident, ~ adult ente~ent u~ were ~ving neg~ve imp~ ~d ~ a ~er pml~cmou of ~ us~ in ~ co~ wo~d 1~ to a neigh~m~ de~nomon. ~e ex~ne~ of c~ lead to ~ves~ent ~ ~i~n~ nei~ ~d a ~n~ to sb~ s~mg s~ gove~en~ con~ls ~d ~o~ ~ phy~ or Fear of the potemial prolifentkm of adult uses is a wen fou~_~_ concern. Tabm alone it may nut seem si gnitlcam if someone smokes in a subway car, scribbles graffitL jumps a subway turnstile, agglusively ts,mh~41es Ot squeegees__ a car witglshield, ~ in a city whe~ there are otabur pressing problems such as homelesshess, violent crime ast ut~employmeat But when these sm~n incidents, ~nel estsblishnsm~ proliferee sad sxammls~ ~ can tear at the urban fabric. Similarly, as the citys experience in tl~ Times Square ares indica2s, ~he prolifeniion of ,,t-!t uses in an ~ does have significant and poentially devastating impacts on Use charae',er of a communi- ty, The City has adop~ an ag2r~_3ive and comprehensive policy of ~eMt~sin$ various quality-of- life issues tha~ has beSun ~o yield be~e~ml resul~ The problems p~. by aduR entetumment e.stablishment. s axe amon$ the in~ttant quali~/..of-life issues that aircut our neighbo~ocds and corm'hurries. Overall Findings and Conclusion Numerous studies in other localities found that adult entertainment uses have negative secondary impacts such as increased crime rates, depreciation of property values, deterioration of community character and the quality ~f urban life. 63 There has been a rapid growth in the number of adult entertainment uxex in ,Vew York City, Between 1984 and 1993, the number of such uses in- creased from 131 to 177. The number of video/book storeslpeep shows almost tripled and there was a 26 percent increase in topless/nude bar~. Adult theaters declined by 52 percent. Adult entertainment ix more readily accessible in NYC than it was ten years ago. There are more such establishments in a greater number o[ communi- ties. Adult videos are produced in greater numbers and at lower costs. They are. oft,n available in general interest video stores as well as those devoted exclusively to adult entertainment. Cable television has significantly increased the availability of adult viewing material. Adult material ix also available at newsstands and book stores. Adult entertainment uses tend to concentrate. The number of community districts with seven or more adult usa increased from three to nine over the last ten years. Seventy five percent, of the adult axes are located in nine of the city°s 59 Community Districts. In Manhattan, adult uses cluster in central locations, such as the rimes Square area. In the other boroughs, adult axes appear to cluster along major vehitular routes ~onneeting outer reaches of the city and suburbs to the central business district such as Queens Boulevard and Third Avenue in Brooklyn. Studies of adult entertainment usas in areas where they art highly concentrated, such as Times Sqtlart and Chtistn, identified a number of significant negative secondary impacts. In the Times Square area property ownart, theater operaton and other business people overwhelmingly believe that their basinester ares adversely affected. An analysiS of criminal complaints indicated a ~bstantia!ly higher incidence of c:~minal activity in the Times Square area where adult uses are most concentrated. In addition, the study found that the rate of increase in assessed property values for study biotite with adult uses grew at a slower rate than control blocks without adult tiles. DCPts surpay of areas '~ith less dense concentrations of adult usa found fewer impacts than the study of the TZmes Square area. However, commu- nity leaden expressed concerns that adult uses impact negatively on the community and strongly fear the potential results of proliferotion. The strongest negative reactions to adult entertainment uses comes from residents living near them. Where respondeats indicated that their businesses or neighborhoods had not yet been adversely affected by adult uses, this typically occurred in study areas with isolated adult uses. Moreover, these same respondeats 6~ typically stated that an increase in such uses would negatively impact thtra. Community residents fear the consequences of potential proliferatian and concentration of adult uses in traditionally neighborhood. oriented shopping areas and view the appearance of one or more of these uses as a deterora- tion in the quality of urban life. Most real estate broken report that adult entertainment establishmenU are perceived to negatively affect nearby property values and decrease market values. Eighty percent of the beakers responding to the DCP survey indicated that an adult use would ha,o a negative impact on nearby property values. This is consistent with the responses from a similar national survey of real estate appraixer$. Adult use accessory business signs are genttally larger, more often illumi, noted, and graphic (sexually-oriented) compared with the signs of other nearby commercial uses. Community resideair view this signage as out of keeping with neighborhood character and are concerned about the exposure of minon to sexual images. Based on the,~ findings. DCP believes it is app,~,pda~ to r~gulate adult en~'~inm~u~ e.~ab[isb- menu differently f'~m other co~ esmb~ts. The experience of other jud.~'ctious, the ciry's historic experience in T~.s Square, studies performed by the TSBID and the Chelxea Business Survey, and DCFs own surve~ establish, the negative effects of adult entertainment uses. Consideration of the specific nature and extent of regulations that would be appropriate far adult entertainment establishments in New Yoxt Cit7 was not wiffiln the scope of this Study. However, in Light of the negative impacts of adult uses in conccnxx~on, the following reg~d~t~r7 t~chniques, which have been used in oth~r jtwisdictions, merit consideration in developing ~,~-!t use x~gulations: ff, smaious on the Ication of adult uses in proxinfity to rP. sidential ar~s, to house~ of wor~hjp, to schools and to rich other. 65 Appendix A Study Areax Study Ate~ I fi'a'ough 6 are identified in the following li~ting. A map of ea~h ~ follows. Study- Area 1 Study A.,'ea I is located wifhin the Chels~l s~clioll of Matth~nsn: Community Districts 4 and 5. It is bounded by 14th and 31st Streets, and Fifth and Seventh Avenues. Study Area 2 Study AP..a 2 is located within the Upper West Sid~ of Manhans,s: Community Distric~ 7. It is bounded by West 71st and 781h Struts, and:West End and Columbus Avenues. Study Area 3 Study A.r~a 3 is located within ~ Fordhalll sectiou of ~ Broil, Commlmity Disuict 5. It is bounded by ~ 184th Sl~-t, Valentine Avenue, East lSlst S~'~-,t. ~d Walton Avenue- Study Area 4 Study Area 4 is bounded by 32rid and ,Mth Sireerr and FouRh and F~rst Avenues, including an ares 200 fe~t to ttz west 9f FLvst Avenue betwee~ 391h and 41st Streets. The study aiza is 1o,'~,~ within ~ Stll%.~l Plfk neighborhc<xt of Brooklyn, Cornmumty District 7. Study Area S The study axes is locat~i ill the Sunnyside neighborhood of Queens, Community DistricI 2. It is bounded b~ 381h $tt'~t, 43rd Avenue, Roosevelt Avenue, 581h Street Queens Boulevard, 51st SIr~t and 47 Avenue.- Study Area 6 Study Axed 6 is located within the South Beach neighborhood of Staten [slan~ Commumty District 2. It is bounded by Oceanstale Avenue. Wentworth and Hickory Avenues, Foch Avenue, Humben Street and Cedar Avenue, and Austin Avenue. 712, Study Area within Manhattan CD 4 and CD S Aclull Use Survey 81o4:tcframis) SIU~ ~li (~Qnlr~ly ~min 500 to f, 000 leer ot an l~ Usm) Adult F,.ntenainment Study O~ar~m.~.t af Cty Ptana ng I Ci~ of New Yort // Study Area 2 within Manhattan CD 7 I A~UII Use m Study Area ( Ganer~ly ~t~sn $00 to l,~O0 leaf of an Adglt USa) Adult Entert~nm,'m Singly Oe;=rtment of CIty Pl~nn nl I CitT, of New Y~rl~ Study Area 3 within Bronx CD 5 · Adult Use ['~ Survey 8lockfrom(s) ~ ConlroJ Blockfrom(s] $mmm$ S:~y Area Aduh Entertainment S~udy Department of City Ptannmg ! C~y of New yor~ ~ \\/ Study Area 4 wiffiin Brooklyn CD 7 Conffof Survey Area Adult Enmr~inmen~ Study Depanmenz of C ly Planning I Ci~ of New York Study Area 5 within Queens C"D 2 Are a (G,net~ly ~t~ 500 to I, COO feet o/an A~ USa) 5O0 1~00 Adult Entertainment Study Dfpar~men~ of Clly P)ann|nl~ I City o( New Yortc Study Area 6 within Staten Island CD 2 1oo0 Ac/ul! Usa Survey BIocJ~tronl{$) Slu~y ArIa Adult Entertainment Study Dep=r~en~ of CIty e~lnn:ng 1 Ci.t)' of New Yo~ Appendix B DCP Survey of Adult Entertainment Establishments, Fall 1993 BRONX Commmant~ Distrio Nama Addfrom Usa 05 Ahagrana R~'tauram 1548 Univeuir/Ave Toplea Bat 0~ AsC~ Movie Th~n~ 22 13 Grand Coocour~ Movie 08 Just U, Bat 156 W 2311 St Toplea Bat l0 Ruf~a Bat 4026 E Ttmnont Ave Toplea Bat t I Globe TI~-,,~' 640 PeCan Parkway S Movie ~ 12 Fools Pandis~ 4/374 Boston Rd Topics Bat t2 MicL'7 & Anthanyl C,a/Mt~ 1769 E Gun Hill Rd Toplea Bar 12 ~,~u~ Wornare 4141 Boston Rd Toplea Bat BROOKLYN 02 Pandon Books 8l C.42qrt St Book Store 02 Video XXZ 851 Atlanti~ Av Vidtm Sto~ 06 Pla,y~: Adult Video 443 3zd Av Vidoo Smm 07 C.a~ts~"w ~ ;; 6120 3d Av Toplea Bat 07 C.~fraam Club 3915 hi Av TopiCs Bat 07 Fo~/Dee 920 3nt Av ToXin. Bat 07 Mores Bat 4201 2rid Av Top|e~ Bat 07 Video XXX 952 3rd Av Vid~m Stm~ 07 Vid~m XXX Watdswm 761 3rd Av Vidmm Smm 07 Wi14 Wild Well )gOI 2rid Av Topkss Bat 12 V'tdm} XXX . .. 1365 60mh St V"~te~ Store 14 Club ~ 1496 lqatbal Av Top|us Bat 15 Th~ ~ 2937 76 St Topless Bat 15 ~ R~by Club 1105 Qu~nUn Ra Topless Bat 15 X:XX VH-, It03 Queue Rd · Vidm Sm~ Comm~.mit~ OI Ol OI OI O! O! O! OI 01 01 02 02 02 02 02 02 02 O2 02 02 02 03 03 04 0~ 04 04 04 04 04 04 04 04 04 0~ 04 0S O5 05 0~ 05 05 Baby Doll Lounge Desire Video Harmony ~nc~s [-~vestyle Video Pussyeat Lounge Thunder ~ Vidm Badlas~is Adult V~deo C:~isml~e~ St Harmony Video ~ Video ~ Video ~ Video Adult Video Adult Video X:X:g All-Star ~y Billys Tople~ C~ub ~ Hollywood Twin Hollywood Twin Adxt Vldm New KinI ~ P~m Gold X:X:X video XXX-Tuy Vldm ~ ~ ~dm 3~ B~k Smm A ~v~e AdUR ~x Qn~ Adult Vid~ Adult Vid~ ~p~ B~ Vid~ C~ Cinema Address 21 Ann S~'*"""'~ 34 White St 68 Rcacle St 279 Church St 376 ~ St 96 G~ch St 59 M~y St t~ G~n~eh St ' 388 ~ St 5~ ~u~n ~t ~1 ~ ~v 329 W~ St 119~S~ 2~ Vmc~ St ~91 W~ St 3~ ~ St ~20 6~ Av i~ 3~ Av I10 1~ Av ~ 8~ Av 763 8~ Av ~ S~ Av ~ 6~ Av 161 W~St 3~ W ~ St ~9 6~ Av 689 8~ Av ~ 8~ Av ~ 8~ Av 3~6 W ~ St 2~ I I~ Av 7~ 6~ Av ~ S~ Av ~ 12~ Av ~3 6~ Av 69l ~ Av ~39 8~ Av 3~ W 4~ St 39 E 3~ St 488 8~ Av 795 6m Av 216 W 5~ St 738 8~ Av 16~ BroWway f. Js~ Tople~ B~r Video Su~ OU~. Tople~ Topl~ Topl~ ~ S~ ~ ~ B~k T~I~ T~m M~e T~m vi~ S~ ~ S~m B~k Smm B~k Store P~ Vid~ Vid~ S~o~ Vi~ ~o~ Movie .MANHATTAN Comm-mq' District 05 05 05 0S 0J 05 05 OJ 05 0S 0S 05 05 OS 0t 0J 05 OJ 05 Club ~1 ~-odc- ~amous L,crz Diamond L~JB~a~ M~ Vid~ N~.~ Vide ~mble ~ ~ Mo~e S~ in N~ V~ S~ M~I S~ S~ ~ T~ ~M V~ J · · Vo~ V~ W~d F~ ~ 241 B~k 1~ ~1 M~e Adult Vld~ ~ D~cm D~gem~ Cu~ AddrE~ 208 w 29th S~ 738 8m Av 256 W ~2nd St 23! 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Me If Yott Can 03 Loveshack Adult Vltleo 03 Polk ~ 03 Topless Bat 03 Wile~ Adult Love Dee Two Vidm 0a Pidea Place rt 05 Treasure C~est 06 Gold~ngm 06 V{rginiae 06 XXX Video Stot~ Address 29-32 No~a~nl Blvd 35*03 38th St 31.0~ 3hi St 31-07 23RI Av 36-19 Dilman BIrd 39-33 Queens BIrd 49-14 Queens BIrd 45-1,5 Queeal lllvd 56.07 Queeas !!lvd 69-20 Quee~ BIrd 45-0~ Vernon BIrd 32-37 Greenp~nt Av 31-17 Queens 81vd 92-03 Astoria RIval 73-07 371~ M 90-18 Asmeia BIrd 92-07 Reeseve{t Av 112-08 Aameia BId 92-20 Astoria BIrd 93.09 37~h Ave 39-02 104~A St 95-07 31st Ave 89-1R Qucen~ BIrd 92-02 C~mna Av 86-10 R~x~sevelt Av 81-26 ltutct Av 6007 MelTopelitan Av 92-r/Queens BIrd 95-36 Queens BIrd 98-32 Queens B{vd U~e Topl~ a~ Tapira E~ TopIra a~ Topl~ Su T~im B~ Mo~e ~ ToFI~ S~ T~m B~ Vi~ StoN ~e ~ TopIra a~ ' Tapfro 8u P~ Topi~ B~ Vidm Topira au Topie~ Bu Topira B~ Topless B~ Vid~ Store QUE,T~S (coou.ued) Dbtrla 07 Cande|wood Inn 07 Conetorture 07 GaJlaghen f~ 07 C. modtime Video a7 S~ aar Oi Ma,/fa' ~ 09 .'dd~:tyS Bat 09 ' Au.mn 12 Dinann TopIra Bar 12 Geldons Toplus Bar Address 41-57 College Point BIrd 36-35 Main St 2~-35 12~rd St 150-36 North~u'n alvd 6~ ~ M~ ~ 8~1 g~ay BIrd 93-~0 W~ ~? Su~a Bird ~16 ~ Av 8~ M~et BI~ 215-~ J~,i~ Av 24~ S ~ Ave STATEN LqLAND Dtsu. la Namo 03 Hipps Address ' 35'/5 V'~or/Bl~d 2~3 Sand ~ 2945 Arthur ~ TopIra Bat Tople=~ Bar Departzttent of City Planning Joseph IL Rose. Director Andrew ~ L3mn. I:,tcutive Dirermr William Befitstein. Fine Depmy Kucua~e Director · Tony Levy, Deputy Direoar ~ Kumem J. Beqln. Projeer Director · Louisa Craidock Queeras o~=tte Dennis Ferris, Director Victor L'F.p|ittcmcr. Deputy Directre' Brooklyn Office · ~ Dougiu Brooks, Direclot A/be. no Villn. [o~r Otp~ Di~r P~ima ~ Rosarind Silvu Sus~ Silv~ Winston Von Eng~l Ro~c Ha~ Srou Office John P~llips, Director Staten bland Olftu MitchdJ Kofeey. Deputy Direclot Howt~ Catyea, Coamd'x O~ ANne Pickart. D/ricer. Cornmen/re 8axt,~ Ptannme FloeninE, Economic & lnft. a. firutmre Plmsniat ~'ic Kober. Oirt~or Connit Fishn~n, Depur~ Director R~chazd Satkin Fra~ C..at~ta~a LAND USE STUDY: WHITTIER. CA DATE: jAN'OARY 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 residen'zial and commercial areas. At the time of the study, Whittier had 13 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 I0 years (1968-1977). One residential area was near the largest concentration of sexually oriented businesses, the other had no commercial frontage but was chosen because of similar street patterns, lot sizes and number of homes. For businesses, Area 1 had six sexually oriented businesses, Area 2 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. OCCUPANCY TURNOVER: After 1973, 57% of the homes in the sexually oriented business area had changes of occupancy, compared to only 19% 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 frustrations in the adjoining neighborhood." Citizens also expressed concern about drunk drivers coming into the area. Business Area 1, with the highest concentration of sexually oriented businesses (6), experienced a 134% 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% decrease in turnover from similar periods. CRIME: The City Council looked 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 ci=v had only an 8.3% increase). certain crimes skyrocketed (Malicious Mischief up 700%; All Assaults up 387%; Prostitution up 300%). All types Of theft (petty, grand, and auto) increased more than 120% each. Ten types of crime were reported for the first time ever in the 1974-77 period, RECOMMENDATIONS: The Council's report recommended a dispersemen= 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 their 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 was recommended). + , f e e. % e- . t ,