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LUTC PKT 03-15-1999City of Federal Way City Council Land:. UselTransportation Committee March 15, 1999 City Hall 5:30 pm Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. PUBLIC COMMENT (3 minutes) 4. COMMISSION COMMENT 5. BUSINESS ITEMS A. Star Lake Drainage Proposal Action Pratt/15 min B. Traffic Maintenance Discretionary Contract Action Perez/10 min C. Stream Inventory Update Info McClung/10 min D. Adult Entertainment Ordinance Action Clifton/45 min 6. FUTURE MEETING AGENDA ITEMS SWManagement/Dept of Ecology Ordinance & RTA Process Manual Package Northwest Church Channelization Request Open Cut of ROW vs Boring Sign Code Update Endangered Species Act Update Junk Car/Noise/Civil Citation Code Amendment 7. ADJOURN Committee Members: City Staff. Phil Watkins, Chair Stephen Clifton, Director, Community Development Services Jeanne Burbidge Sandy Lyle, Administrative Assistant Mary Gates 253.661.4116 I:U.U-TRANSw1AR 15 LUT. AGN March 1; 1999 City Hall 5:30pm Council Chambers SUMMARY In attendance: Committee members Phil Watkins (Chair), Mary Gates and Jeanne Burbidge; Council Member Linda Kochmar; Director of Community Development Services Stephen Clifton; Public Works Director Cary Roe; Street Systems Engineer Ken Miller; Assistant City Attorney Bob Sterbank; Principal Planner Greg Fewins; Surface Water Manager Jeff Pratt; Traffic Engineer Rick Perez; Senior Planner Jim Harris; Associate Planner Deb Barker; Engineering Plans Reviewer Jim Femling; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER The meeting was called to order at 5:30pm by Chairman Phil Watkins. 2. APPROVAL OF MINUTES The minutes of the February 1, 1999, meeting were approved as presented. 3. PUBLIC COMMENT Th ere was no public comment on any item not listed in the agenda. 4. COMMISSION COMMENT There was no additional comment from any of the City Commissions. 5. BUSINESS ITEMS A. Hoyt Road/SW 340`h Street Traffic Signal Bid Award - Six bids were received for the SW 3400 Street at Hoyt Road SW Intersection Improvement Project. The lowest responsive, responsible bidder was Transtech Electric, Inc., with a total bid of $250,408.60 for both Schedules A and B, which is $35,926.61 (12%) below the Engineer's Estimate. The estimated expenditures are $23,665.79 less than the funding available. The Committee m/s/c recommendation of approval to the City Council at its March 16, 1999, meeting. B. Leskovar Drainage Easement Vacation - One retention/detention facility on the "retirement" list has been bypassed and filled by SWM and lies within a drainage easement which encumbers property owned by John Leskovar at the intersection of SW 307`h Street and 16`h Avenue SW. The downstream conveyance system has been analyzed and has sufficient conveyance capacity. Since there is little or no value in the control of stormwater runoff, staff has recommended the easement be released at no cost to the property owner. The Committee m/s/c recommendation of approval to the City Council at its March 16, 1999, Council meeting. C. Belmor Regional Stormwater Control - The SeaTac Phase I (Belmor) project has been completed. The final construction cost for the project was $1,326,498.60, which was $245,816.77 below the original construction contract budget of $1,572,315.37. Following project acceptance by the Council, retainage can be released to Pivetta Brothers Construction, Inc. The Committee m/s/c recommendation of approval to the Council at the March 16, 1999, meeting. D. Ventana Preliminary Plat - The Ventana Project is a 28 lot single family residential subdivision. The Federal Way Hearing Examiner issued a recommendation to approve the proposed preliminary plat subject to several conditions. Included in the conditions were issues related to drainage retention/detention, landscaping, open space, retaining walls, a safe pedestrian corridor for school children to Adelaide Elementary School, extension of 25`h Avenue SW, and possible archaeological issues. Several residents spoke about their concerns. Rick Thompson wants to see the solitude, low traffic, and natural habitat of the Viewcliff neighborhood preserved. Robert Jones does not want 25`h Avenue SW extended to provide the connectivity referenced in the Comprehensive Plan. He wants the identity, security and privacy of the Viewcliff neighborhood preserved. Randolph Colton commended Associate Planner Deb Barker, who has worked on this project, with doing a terrific job of keeping the neighbors informed. However, he opposes the extension of 25th Avenue SW. John Elting stated that the neighborhood children can safely use the street to play and that nothing would be gained by extending 25`h Avenue SW. Dean condos lives "downstream" and he worries about drainage from the Ventana project. He is concerned that there is too little open space, too much excavation in a high -bank area, and too few remaining trees. Robert Collins expressed his view that privacy and security are more important than a through street. Howard White added that the closed Viewcliff neighborhood is a crime -free neighborhood. The Committee discussed compromises vs HB1724 requirements vs the Comprehensive Plan . The m/s/c to move further discussion of the Ventana Preliminary Plat to the March 16, 1999, City Council agenda. FUTURE MEETINGS The next meeting will be held at 5:30pm in City Council Chambers on Monday, March 15, 1999. 7. ADJOURN The meeting was adjourned at 7:lOpm. I : \LU-TRANS\MAR 1 LUT. SUM CITY OFB W� Date: March 10, 1999 To: Phil Watkins, Chair Land Use and Transportation Committee From: Jeff Pratt, Surface Water Manager Subject: Star Lake Basin Drainage Improvements - Project Construction Acceleration Request/85% Plan Completion Authorization/Proposed Interlocal Agreement Background: Proiect Construction Acceleration: The Surface Water Management (SWM) division requests council authorization to accelerate the construction phase of the Star Lake Basin Drainage Improvements by one year,i.e., in 1999 as opposed to 2000. The proposed acceleration can be accomplished as suggested due to the fact that the SeaTac Mall Detention project has been stalled again this year because of soil contamination issues and continuing easement negotiations within the SeaTac Mall area. Funds programmed in 1999 for SeaTac phase II and phase III construction can be reallocated to the Star Lake Basin Drainage Improvements project in 1999 (note that none of the remainir;f,- projects are postponed or reduced in priority). Construction of the SeaTac project will be postponed until 2000 at which time the contamination and easement issues should be resolved. Another factor that favors this request is that the accelerated project will better coordinate with planned water main replacement in the area by the Highline Water District. This fact is discussed in more detail below in the section titled "Proposed Interlocal Agreement. " Because the proposed project acceleration involves a major capital project with projected costs in excess of $680,000, SWM is requesting council authorization to, in effect, reprioritize the project construction schedule. 85% Plan Completion: Recall that in 1997 the City received mitigation money for upstream development storm water impacts to the Star Lake trunk system. Because this money was mitigation money, by law it could only be used for projects associated with the specified storm water conveyance system. Further, if this money was not used within five years - by February 24, 2002 in this case - by law it was to be returned. SWM has used this mitigation money to initiate the design process on five projects along the Star Lake trunk conveyance system as identified by the City's Surface Water Capital Facilities Plan. This project design has reached the 85 % completion point and is therefore submitted for your consideration. The proposed drainage improvements will be located along Star Lake Road, between Military Road and South 272nd Street. They will service a 403 acre drainage basin of developed, primarily residential area. The drainage basin is roughly bounded by Pacific Highway on the east, S 272nd Street on the north, S 286th Street on the south, and Interstate 5 on the west. The project's purpose is to reduce the frequency of flooding around homes, on property, and within the right-of-way of Star Lake Road and S 272nd Street. Currently, project design is estimated to be eighty five -percent complete. Included in this estimate are the following completed tasks: ■ The topographic and property boundary surveys. ■ The sensitive area delineations, surveys, and reports. ■ The 85 % project design for all of the conveyance systems. ■ The SEPA determination Staff is currently negotiating a right-of-way permit with the City of Kent for that portion of the proposed work that will occur north of the southernmost right-of-way boundary of S 272nd Street. The project budget and 85 % cost estimate are provided below for your consideration: Budget Estimate Design $ 64,163 $ 67,419 Construction $831,152 $682,000 (Includes 10% Contingency) Total $895,315 $749,419 Proposed Interlocal Agreement: In an effort to reduce costs, eliminate utility conflicts, and reduce public disruption caused by having Star Lake Road torn up for two consecutive years - by Highline Water District in 1999 and SWM in 2000. Staff is recommending that the City enter into an Interlocal Agreement (ILA) with the Highline Water District. Please find a copy of the proposed ILA for the referenced water main construction attached for your consideration. The proposed ILA outlines a cost and responsibility sharing plan which will achieve a shared project economy in the execution of the referenced system replacement work - given that the character of construction is similar for both the storm and water lines. Construction costs associated with each utility line will be borne solely by the respective owner. The proposed ILA is identical to previous agreements that the City has undertaken in cooperation with the Lakehaven Utility District. Staff seeks council's authorization to enter into this agreement with Highline Water District. Recommendation: Staff requests that the committee forward the following project recommendations to the council for consideration during their April 5, 1999 meeting: Approval of the project construction phase acceleration; 2. Authorization to proceed with the finalization of the design of the Star Lake Basin Drainage Improvements Project ; 3. Authorization to enter into the proposed Interlocal Agreement with the Highline Water District for the Star Lake Road Water Main Replacements. Attachments K:\SWM\PROJECTS\STARLAKE\STARLAKE.85 % INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND HIGHLINE WATER DISTRICT FOR THE STAR LAKE ROAD WATER MAIN REPLACEMENTS THIS AGREEMENT is made and entered into by and between the City of Federal Way (hereinafter "City") and Highline Water District (hereinafter "District"). WHEREAS, the City proposes to proceed with the Star Lake Basin Drainage Improvements (hereinafter "Project"); and WHEREAS, the District provides water service in the general area of the Project in accord with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings, reduce public disruption, eliminate utility conflicts and garner other benefits in the public's interest by contracting with the City to perform certain services for the District, including letting a public works construction contract which includes the replacement of the existing water main (hereinafter "District Work") in connection with the Project, and providing construction management services in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: DESIGN. The District will contract with KCM Inc. to design the "District Work". The scope of work shall include the production of reproducible construction drawings, special contract provisions, and other necessary documents with sufficiently detailed requirements for the District Work to become a part of the plans and specifications for the project. All of the "District work" design shall be completed by April 30, 1999. II. BIDDING. A. It is the intention of the City and the District that the "District Work" plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following the opening of construction bids on the Project, the District shall be furnished with the bid prices submitted for the District Work for the District's approval. Within two (2) weeks of receiving the bid prices, the District shall notify the City in writing that the District either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided, however: if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. The District Work shall be deleted from the project contract and, in this event, the City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the District's notice to the City of the District's rejection of all bids. III. CONTRACT ADMINISTRATION. A. The City shall provide and pay for the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall furnish a construction observer to ensure proper compliance with requirements during installation of the District Work. The District's construction observer shall advise the City of any deficiencies noted. The District's construction observer, however, shall not communicate directly with or instruct the contractor directly on any matters regarding contract performance. C. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work, which costs shall include but are not limited to the District Work performed by the Project contractor(s) and all District requested changes. B. All payments shall be due from the District to the City within fifteen (15) days after approval by the District's Board of Commissioners of said sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. Page 2 V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its partners, shareholders, agents, employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its partners, shareholders, agents, employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. OTHER PROVISIONS. A. Following completion of the construction and City's acceptance of the Project as complete according to plans, specifications and change orders, the City shall provide a Bill of Sale transferring ownership of the Water Main and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. E. Any provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Page 3 IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work as set forth herein will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY Kenneth E. Nyberg, City Manager Date: APPROVED AS TO FORM: City Attorney, Londi K. Lindell K: \SWM\PROJECTS\STARLAKE\FW-H W D.ILA 3/8/99 HIGHLINE WATER DISTRICT General Manager Date: APPROVED AS TO FORM: Page 4 General Counsel EXHIBIT "A" Star Lake Basin Drainage Improvements ESTIMATED DESIGN, CONSTRUCTION AND CONSTRUCTION MANAGEMENT COSTS INCLUDING HIGHLINE WATER DISTRICT WATER MAIN REPLACEMENT City's District's Portion Portion DESIGN Project Design (Storm only) $67,419 $0 CONSTRUCTION Drainage system Improvements $600,000 $0 Water main replacement $0 $250,000 Sales Tax 8.6% $0 $ 21,500 Construction Management $20,000 $ 20,000 10% Construction Contingency $62,000 $ 29,150 Total Estimated Project Costs $682,000 $320,650 Note: Costs represented are estimates only. Actual costs incurred will be used to calculate final cost of Highline Water District's Water Main portion for reimbursement to the City. Page 5 CIN OF C� DATE: March 9, 1999 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Richard Perez, Traffic Engineer (f SUBJECT: 1999 Citywide Pavement Marking and Channelization Back r„g ound The City contracts with King County to provide all traffic maintenance and operation services involving traffic signs, striping, pavement marking, and signals. However, in the past few years, King County's level of service for pavement marking maintenance did not meet the City's expectations in being completed prior to school opening. In addition, neighborhood traffic safety discretionary work orders involving speed humps have been significantly delayed. Furthermore, King County is not able to perform work involving any curbing or raised islands with County staff and must subcontract this work to private vendors. As a result of the issues discussed above, Public Works staff sent Requests For Quotes (RFQ's) to King County and other contractors who have the capabilities of executing all of the above services within pre -determined deadlines. The lowest quote received was from Stripe Rite, Inc. for $16,240 for basic pavement marking services. In addition, staff estimates $20,000 to be used for discretionary work orders involving pavement marking, speed humps, curbing, and raised islands. Recommendation Staff requests the Committee to: 1. Authorize the City Manager to execute a contract with Stripe Rite, Inc. in the amount of $36,240 for basic and discretionary pavement marking and channelization services. Funding for this work is already included in the Traffic Division's operating budget. 2. Forward the Committee's authorization to the April 6, 1999 Council meeting and place on the consent agenda. K: \LUT01999TA V EMARK . W PD MEMO TO: Land Use & Transportation Committee FROM: Kathy McClung, Deputy CDS Director DATE: March 8, 1999 RE: Sensitive Area Inventory Sheldon & Associates have completed all of their field work for the wetland inventory. The information is being digitized and will be available to us in about a month. Once staff has had a chance to review the information, we will be bringing back the sensitive area ordinance to the LUTC for action. In January, Dyanne Sheldon and I came to you with some problems the consultants were having with the stream inventory. Your direction was to continue mapping the streams to the best of their ability until the money ran out. The city would apply for grants and hopefully would be able to complete the stream inventory at a later date. The original purpose of mapping the streams was to assist the Surface Water Management Division with field data they did not have. What I discovered through several discussions with both Jeff Pratt and the personnel at Sheldon & Associates is that there is very little information about water channels that they do not already have and the consultants were going to Jeff Pratt for mapping information every time they got stuck. The information that would have been valuable to the Surface Water Division was the determination in the field of what was major and what was minor. We are all in agreement that the current definitions, even with some of the proposed changes, make all streams major. Subsequent to the January LUTC meeting, Jeff Pratt, Greg Fewins, Dyanne Sheldon and I met with Don Nauer from the Department of Fish & Wildlife. The purpose of the meeting was to determine if there was some commonly adopted standards that could help the field inspectors determine what was a minor and major stream. It would have even been helpful if priority streams could be identified based on established criteria. After much discussion it was clear that there is no clear criteria, that depending on the issue i.e. fish, other habitat, existing development, cost of recovery, water quality, there would be different outcomes. It became clear to me that since there isn't standard adopted criteria, we needed to take the stream issue back through a public process if we are going to make changes. Don Nauer left us with a fairly recent technical study that discusses stream setbacks and other development practices to accomplish different goals. I also have the Kirkland study which has some different guidelines depending on the drainage basin. Don Nauer said he would be very happy to work with us to establish reasonable standards and possibly create a model ordinance. My recommendation to you is to adopt the changes regarding streams when it comes to you this spring with the rest of the sensitive areas since they are a step in the right direction, but to add stream definitions and setbacks to the code revision list for future amendments. CITY OF e.- 33530 1 ST WAY SOUTH DATE: March 9, 1999 (253) 661-4000 FEDERAL WAY, WA 98003-6210 TO: Chair Phil Watkins ✓ , Land Use/Transportation Committee (LUTC) s FROM: Stephen Clifton, AICP, Director of Community Dev pment Services Londi Lindell, City Attorney SUBJECT: Planning Commission Report Relating To Adult Uses Proposed Amendments To The Federal Way City Code I. BACKGROUND Adult uses are currently regulated by Chapter 22 of the FWCC. Section 22-1 defines adult uses while Sections 22-794 and 22-806 identify applicable regulations. Adult uses are allowed in the City Center Core and Frame zoning districts subject to a 1,000 foot separation requirement from other adult uses, public parks, libraries, day cares, schools, places of religious worship and other zones which allow residential outright. Existing zoning regulations, relating to adult uses, were adopted in 1990 upon incorporation of the City. In 1995, the City reviewed the impacts of secondary effects of adult entertainment facilities and based on the information presented to and reviewed by the City Council, revisions to the Federal Way City Code, relating to licensing and standards of conduct, were adopted. On February 17, 1998, the Federal Way City Council adopted Resolution 98-268, imposing a moratorium upon the acceptance of all applications for and issuance of business licenses, building permits, or other licences or permits under the Federal Way City Code for adult entertainment or adult retail uses until additional review could be completed and any necessary code revisions adopted by the Federal Way City Council. The City Council conducted a public hearing on April 7, 1998 to consider written comments, public testimony and materials presented by staff at which time they extended the moratorium to August 16, 1998. During a public hearing on August 11, 1998, the City Council voted to extend the moratorium to February 12, 1999 in order for City staff to review additional studies and draft regulations related to adult uses. The City Council voted on February 2, 1999 for a 6 month renewal of the moratorium. II. IV. kv REASON FOR COUNCIL ACTION Pursuant to Federal Way City Code Section 22-537 (See Section VII of this report below), the City Council is responsible for taking final action on zoning text amendments. Section 22-536 requires that the Director of Community Development prepare a Planning Commission Report containing a copy of the proposal along with any explanatory information, and the Planning Commission recommendation, if any, on the proposal. PLANNING COMMISSION RECOMMENDATION City Staff presented proposed Federal Way Zoning Code amendments to the Federal Way Planning Commission on February 3, 1999 (see Attachment 2). The hearing was continued to February 17, 1999 at which time City staff presented additional information in response to Commissioner questions (see February 12, 1999 letter from Stephen Clifton to Federal Way Planning Commission). Included within this submittal is the most recent revised proposed amendments from City staff. Pursuant to FWCC, Section 22-535, the Planning Commission considered the proposed amendments in light of the decisional criteria outlined in Section V of this report. By a majority vote of the entire membership (7-0), the Planning Commission recommended that the City Council adopt the proposed code amendments referenced. Attached to the February 12, 1999 letter is the most recent revised proposed amendments and ordinance. PROCEDURAL SUMMARY February 3 & 17, 1999 Planning Commission Public Hearings March 15, 1999 City Council LUTC Meeting DECISIONAL CRITERIA Sec. 22-523. Zoning Text Amendment Criteria The city may amend the text of Chapter 22- Zoning only if it finds that: (I) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) purposes, goals and policies: FWCP Purpose, Pg. VII -1: "Create an identifiable downtown that is the social and economic focus of the City". 2 FWCP Statement, Pg. VII: "Establishment of an urban center that is a vibrant, unique, and attractive place to work". FWCP CCGS: "Encourage a mix of compatible uses to maintain a lively, attractive, and safe place to live, work and visit". FWCP CCP8: "Establish guidelines which list compatible uses". FWCP CCP12: "Develop guidelines that ensure effective transitions between different land uses and higher and lower densities ". The proposed regulations are consistent with the purpose statements, policies and goals of the Comprehensive Plan, i.e., they will help to minimize secondary adverse impacts caused by adult uses and require a minimum distance separation between adult uses and non -compatible uses. Not adopting appropriate regulations as proposed would work against the vision and direction for the City Center and City as a whole because adverse secondary impacts would not be adequately regulated. (2) The proposed amendment bears a substantial relation to public health, safety and welfare; The proposed amendments are intended to protect the general public health, safety and welfare of the citizenry of the City by regulating of the location of adult entertainment, activity, retail or use. The proposed regulations are also intended to control the decline in neighborhood conditions in and around adult retail uses, and to isolate dangerous and unlawful conduct associated with these facilities. Reasonable regulation of the location of adult uses will provide for the protection of the community, protect residents, patrons, and employees from the adverse secondary effects of such facilities. and (3) The proposed amendment is in the best interest of the residents of the city. It has also been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such business under their jurisdiction to ensure the adverse secondary effects of the uses are minimized. In this regard, the interests of the City are well served by adopting proposed amendments which: 1) more clearly define what types of adult uses are regulated, 2) allow adult uses only within a specific geographic area, 3) minimize secondary impacts through separation requirements 4) address the issue of compatibility, and 5) provide for 3 amortization of existing nonconforming adult uses. VI. LAND USE AND TRANSPORTATION COMMITTEE ACTION City Staff requests that the Land Use and Transportation Committee recommend the full City Council adopt proposed amendments to the Federal Way City Code related to Adult Uses (See Section VII below). VII. COUNCIL ACTION Pursuant to FWCC, Section 22-537(c), after consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership take the following action: 1. Approve the proposal by adopting an appropriate ordinance; 2. Modify and approve the proposal by adopting an appropriate ordinance; 3. Disapprove the proposal by resolution; or 4. Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal. NOTES: 1) The February 2, 1999 memo to the Planning Commission references Part One of a Two Part exhibit (Exhibit I of the Staff Report to the Planning Commission) relating to Studies of Secondary Impacts of Adult Entertainment and Retail Establishments. These parts have been consolidated as part of this report (Attachment 2) 2) The February 12, 1999 letter from Londi Lindell regarding Summary of Studies, Cases and Police Records states that Studies 2, 5, 7, 8 and 14 were not summarized (Exhibit I of the Staff Report to the Planning Commission) and should be discarded. These studies deal with the secondary effects of adult entertainment vs. adult retail establishments. As such, they are not included as attachments to this report. Attachments Attachment 1 Proposed Ordinance and Amendments to Federal Way City Code Sections 22-1, 22- 338, 22-794 and 22-806. Attachment 2 January 27, 1999 Staff Report to the Federal Way Planning Commission Prepared by Greg Moore. Includes consolidated Studies of Secondary Impacts of Adult Entertainment, Retail and Other Activities. Attachment 3 February 2, 1999 Letter to the Federal Way Planning Commission adding material to E the record. Attachment 4 February 12, 1999 Letter to the Federal Way Planning Commission from Stephen Clifton Regarding Additional Information for the February 17, 1999 Planning Commission Hearing. Attached information includes two February 12, 1999 letters from Londi Lindel regarding 1)Amortization, and 2) Summary of Studies, Cases and Police Records on Secondary Impacts of Adult Retail Establishments. Also attached to the letters are the February 3, 1999 Federal Way Planning Commission hearing minutes, Proposed ordinance and revisions to Items B, C, and D of Exhibit A amending Federal Way City Code Sections 22-1, 22-338, 22-794 and 22-806. Attachment 5 February 17, 1999 Federal Way Planning Commission hearing minutes. I:\ADULTUSE\DIRECTRS.RPT/March 10, 1999 5 Attachment 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REVISING AND ADDING DEFINITIONS FOR ADULT ENTERTAINMENT ACTIVITY OR USES, REVISING DISTANCE SEPARATION REQUIREMENTS,AND ADDING AMORTIZATION PROVISIONS TO CHAPTER 22, ZONING. WHEREAS, the Federal Way City Council is committed to protecting the general welfare of the City through the enforcement of laws prohibiting obscenity, indecency, and sexual offenses while preserving constitutionally protected forms of expression; and WHEREAS, the City has made a detailed review of the national record, including studies from the cities of New York, Indianapolis, and Los Angeles, the police records of various cities, and court decisions regarding adult entertainment, activity, retail, or use. The City Council finds that adult entertainment, activity, retail, or use require special supervision from the public safety agencies in order to protect and preserve the health, safety, and welfare of the patrons and employees of said businesses as well as the citizens of the City; and WHEREAS, the City Council finds that concerns about crime and public sexual activity generated and/or occurring within or nearby the adult entertainment, activity, retail, or use are legitimate, substantial, and compelling concerns of the City which demand reasonable regulation; and WHEREAS, the City Council finds that adult entertainment, activity, retail, or use, due to their nature, have secondary adverse impacts upon the health, safety, and welfare of the citizenry through increases in crime and opportunity for spread of sexually transmitted diseases; and r . ¢:. f aa�` \ PA.OF... �-�-• WHEREAS, there is convincing documented evidence that adult entertainment, activity, retail, or use have a detrimental effect on both the existing businesses around them and the surrounding residential and commercial areas adjacent to them, causing increased crime, the downgrading of quality of life and property values and the spread of urban blight. Reasonable regulation of the location of these facilities will provide for the protection of the community, protect residents, patrons, and employees from the adverse secondary effects of such retail facilities; and WHEREAS, the City recognizes that adult entertainment, activity, retail, or use, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods, day care centers, religious facilities, public parks, libraries, schools, and other adult entertainment, activity, retail, or use, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the uses are minimized; and WHEREAS, this ordinance is intended to protect the general public health, safety, and welfare of the citizenry of the City through the regulation of the location of adult entertainment, activity, retail, or use. The regulations set forth herein are intended to control health, safety, and welfare issues, the decline in neighborhood conditions in and around adult retail uses, and to isolate dangerous and unlawful conduct associated with these facilities; and E 110 ---;L;�4 PACE ..OF,�LJ. WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment to the United States Constitution, or Article 1, Section 5 of the Washington State Constitution, but to enact content neutral legislation which addresses the negative secondary impacts of adult entertainment. activity, retail, or use; and WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal law prohibits the distribution of obscene materials; and WHEREAS the Federal Way Planning Commission, having considered the proposal at public hearings during 1999, pursuant to Federal Way City Code (FWCC) Section 22-30, and all public notices having been duly given pursuant to FWCC Section 22-528; and WHEREAS the public was given opportunities to comment on the proposal during the Planning Commission review; and WHEREAS the City of Federal Way SEPA responsible official issued a Declaration of Nonsignificance on December 17, 1998; and WHEREAS following the public hearing, the Planning Commission submitted to the Land Use/Transportation Committee of the City Council its recommendation in favor of the proposal, adding sections to the FWCC as noted; and WHEREAS the Land Use/Transportation Committee of the City Council met to consider the recommendation of the Planning Commission and has moved to forward the proposal, with amendments, to the full City Council; and WHEREAS there was sufficient opportunity for the public to comment on the proposal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the proposal and the proposed amendments to the FWCC: 1. The Federal Way SEPA responsible official has issued a Declaration of Nonsignificance on December 17, 1998; and 2. The proposed code amendments would not adversely affect the public health, safety, or welfare; and 3. The Planning Commission, following notice thereof as required by RCW 35 A. 63.070, held a public hearing on the proposed amendments and has considered the testimony, written comments, and material from the public by and through said hearing. Section 2. Conclusions. Pursuant to FWCC Section 22-216, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposal is consistent with the City of Federal Way Comprehensive Plan (FWCP) purposes, goals, and polices: ORD#..... ,P*GEa EXHIBIT J, r '} 'PAGE 0E --L- FWCP Pg VII -1 "Create an identifiable downtown that is the social and economic focus of the City." FWCP Pg VII -1 "Establishment of an urban center that is a vibrant, unique and attractive place to work." FWCP CCG5 "Encourage a mix of compatible uses to maintain a lively, attractive, and safe place to live, work and visit." 2. The proposal bears a substantial relationship to the public health, safety, and welfare. 3. Zoning and text amendment criteria under FWCC Section 22-523 are met. Section 3. Amendment. The FWCC, Chapter 22-1, Definitions, is amended as set forth in the attached Exhibit A, and Chapter 22, Zoning, Sections 22-794 and 22-806 are amended as set forth in the attached Exhibit B. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD # :,-OAGE 5 E/vHI��� PAGE,_..= _QF f� Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 1999. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: I:\D000IENMDULTADULTORD. W PD day of QRD# ,PAGE6 EXH0BITJ,�v,3� PAG E (QO F i) y ....q ' EXHIBIT A Chapter 22 of the Federal Way City Code is hereby amended as follows. A. Sec. 22-1, Definitions, of Chapter 22 is amended as follows: Adult entertainment, activity, retail, or use shall mean all of the following: (1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified "Sexual activities" or "specified anatomical areas" (defined as follows below) for observation by patrons therein and which excludes minors by virtue of age. (4) (2) Adult eabaret entertainment shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined below) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in section 9-71(A) and (B) of the FWCC. Q Panarama and peepshow shall mean as defined in section 9-71(I) and (J) of the FWCC. Adult retail shall mean a retail establishment which, for money or any other form of consideration, either: EXHIBIT '•:' :.- :- -ir" is-• : : 1 111i!110 (4) (2) Adult eabaret entertainment shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined below) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in section 9-71(A) and (B) of the FWCC. Q Panarama and peepshow shall mean as defined in section 9-71(I) and (J) of the FWCC. Adult retail shall mean a retail establishment which, for money or any other form of consideration, either: EXHIBIT a. Has as one of its principal purposes to sell, exchange rent loan trade transfer, and/or provide for viewing, off the premises, any adult oriented merchandise-, or, b. Provides, as its substantial stock in trade, for the sale, exchange rental loan trade transfer, and/or for viewinp, or use, off the premises, any adult oriented merchandise. Adult oriented merchandise shall mean any goods, products commodities or other wares includiniz but not limited to videos CD Rom's DVD's magazines books pamphlets posters, cards, periodicals, or non -clothing; novelties which depict describe or simulate specified anatomical areas or specified sexual activities (defined below). Specified anatomical areas shall mean the following; a. Less than completelyapaquely covered human genitals, pubic region buttock or female breast below a point immediately above the top of the areola,• or b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities shall mean any of the following_ a. Human genitals in a state of sexual stimulation or arousal-, b. Acts of human masturbation, sexual intercourse, sodomy, oral copulation or bestiality-, or c. Fondling or other erotic touching of human genitals, pubic region buttocks or female breasts, whether clothed, of oneself or of one person by another. Activities and uses defined as adult entertainment, activity, retaiL or use are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. B. The Special Regulations and Notes of Use Zone Chart (CC -C) (Sec. 22-794, Adult entertainment, etc,) of Chapter 22 are amended as shown in Exhibit B. C. The Special Regulations and Notes of Use Zone Chart (CC -F) (Sec. 22-806, Adult entertainment, etc,) of Chapter 22 are amended as shown in Exhibit B. D. The following section shall be added to Chapter 22: Sec. 22-338.2. Nonconforming adult entertainment activity, retail or use Any nonconforming adult entertainment, activity, use or retail use located within the city limits on the effective date of this code provision, March..., 1999 which does not conform to Sections 22- 794 and 22-806 shall be terminated within one (1) year, provided however, that such termination date may be extended upon the approval of an application filed with the city's Community Development Director within 120 days of the effective date of this code provision requesting an extension to such one (1) year amortization period. The director's decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment made prior to the effective date of this code, which precludes reasonable alternative uses of the subject .: EXHIBIT -��,.��� _.. 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C 0 z v`u C W SS330Nd M31A3'1 a _- u> u > q Y q °� 032IIf1d3b a- o o c ad v N N N SNOILV'7flg3H F � j �O _E T O`� ¢ u n E X 1 I -B' ^ N N N O N N N z y 4� VY •b O 0 a / V 1 PI,G E i� 0 F to Attachment 2 CITY OF FEDERAL WAY STAFF REPORT TO THE PLANNING COMMISSION DATE: APPLICANT: January 27, 1999 City of Federal Way PROPOSED ACTION: Amend Chapter 22 of the Federal Way City Code (FWCC) regulating adult entertainment, activity, retail, or use. STAFF REPORT PREPARED BY: Greg Moore, AICP, Director of Community Development Services STAFF RECOMMENDATION: Planning Commission forward a recommendation to the City Council to amend Chapter 22 of the FWCC as presented in the body of this report and specifically as presented in Exhibit J, Draft Ordinance for Adult Facilities. INTRODUCTIONBACKGROUND A. Existing Conditions Current City Regulations — Adult uses are currently regulated in Chapter 22 of the FWCC under Section 22-1 Definitions; Section 22-794, Adult entertainment, etc.; and Section 22- 806, Adult entertainment, etc. (Exhibit A, Existing Adult Use Regulations). Section 22-1 defines adult uses, Sections 22-794 and 22-806 identify which zones the uses are allowed in and what special regulations and notes would apply. In summary, adult uses are allowed in the City Center Core and City Center Frame zoning districts subject to 1,000 foot distance separation requirements from other adult uses, other zones which allow residential outright, public parks, libraries, day cares, schools, and places of religious worship. There has been one administrative interpretation of these regulations. This interpretation was made October 6, 1997 (Exhibit B, Zoning Interpretation: Adult Video Sales and Rental). In summary, this interpretation determined that adult video sales and rental stores are analogous with adult bookstore and are allowed in the City Center Core and City Center Frame zoning districts. 2. Existing Adult Uses — There are currently six adult uses existing in the city, (Exhibit C, Existing Adult Facilities). Four of the uses are located in the Community Business (BC) zoning district and are legal nonconformances because they are not allowed in the BC zoning district. Two are located in the City Center Core zoning district. One is considered a legal nonconformance because it does not meet the distance separation requirement. The other meets the distance separation criteria. 3. Moratorium — On February 17, 1998, the City Council enacted a moratorium (Exhibit D, Resolution No. 98-268) on the acceptance of applications for and issuance of land use, building, and development permits, and business licenses for adult uses. This moratorium was for 180 days, until August 16, 1998, and subject to a public hearing within 60 days, after which the City Council authorized the continuation of the moratorium. On April 7, 1998, the City Council held a public hearing and extended the moratorium (Exhibit E, Resolution No. 98-270) to August 16, 1998. The purpose of the moratorium was to study the issue of secondary effects from adult retail establishments and bookstores. On August 11, 1998, after a public hearing, the City Council extended the moratorium (Exhibit F, Resolution No. 98-276), for another 180 days until February 12, 1999, in order to review additional studies and draft regulations for adult uses. B. Need to Review Regulations Existing zoning regulations were adopted in 1990 with incorporation of the city. Zoning for adult uses has been partially reviewed in the past nine years. In 1995, the city reviewed the impacts of secondary effects of adult entertainment facilities and made revisions to FWCC, Chapter 9, Article III, regarding procedures for licensing and standards of conduct (Exhibit G, Ordinance No. 95-241). It has been documented, and is further elaborated on in this report, that adult entertainment, activity, retail, and uses cause secondary effects that are detrimental to the public. The current regulations are being modified in order to continue to address the various impacts to public health, safety, morals, and general welfare. There are various ways to regulate adult uses, and local jurisdictions have different mechanisms. Therefore, per City Council direction, staff has researched secondary impacts, reviewed how other jurisdictions have addressed the issue, and reviewed existing city zoning codes for adequacy. C. Methods of Regulation Adult facilities can be regulated by concentration, (allowing them in one zone with no separation requirement), or by dispersion (separating adult facilities by distance from each other and from other land uses for which the adult facilities would have undesirable impacts). A combination of concentration and dispersion is a typical regulation method. This would allow adult facilities in one or two zones, but separate them by distance from other sensitive uses. Most local jurisdictions, including Federal Way, use this method (Exhibit H, Draft Survey of Adult Entertainment Sites in King County). This draft survey was prepared by King County. Staff Report Page -2- Adult Entertainment Amendments SECONDARY IMPACTS OF ADULT FACILITIES There have been numerous studies that document adverse secondary impacts from adult uses, including adult entertainment and adult retail establishments. Such establishments are detrimental to the public health, safety, morals, protection of minors, and the general welfare of the public. The adverse secondary effects include significant criminal activity not limited to: prostitution, illegal employment of minors, narcotics and alcoholic beverage law violations, breaches of peace, tax evasion, and harboring of persons with outstanding arrest warrants. Adverse secondary effects also include public sexual conduct on the premises of adult entertainment businesses, which can facilitate prostitution and related crimes. Such conduct also causes substantial public health and safety concerns, not limited to the spread of sexually transmitted diseases. Studies have also concluded that adverse secondary effects from adult retail establishments include increased crime rates, depreciation of property values, deterioration of community character, discarded pornographic literature which could become available to minors, adverse impacts to the redevelopment of a city center, and a decrease in the quality of life. Studies which document adverse secondary impacts are noted on Exhibit I, Studies of Secondary Impacts of Adult Entertainment (the list is provided in the staff report, with actual studies provided to Planning Commission members; copies are also available in the Department of Community Development Services). REASONABLE REGULATION OF ADULT FACILITIES "Adult facilities" includes a wide variety of businesses that provide adult services, including bookstores, retail, peep shows, panoramas, movie theaters, video rental stores, and live entertainment or dance establishments. Adult facilities, including books and videos as well as dancing, has been defined as "speech" that is protected under the First Amendment of the United States Constitution. It is also protected by Article 1, Section 5 of the Washington Constitution, which states that, "...every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right," and which provides greater protection for speech than does the First Amendment of the US. Constitution. For at least the last ten years, established law has permitted a city to combat the secondary effects of adult facilities, including retail, if the city's purpose is unrelated to the speech itself, the regulations are narrowly tailored to meet the purpose, and reasonable alternative avenues of communication are left available. Staff Report Page -3- Adult Entertainment Amendments COMPREHENSIVE PLAN The City of Federal Way Comprehensive Plan (FWCP) Chapter 7, City Center, identifies and describes a City Center Plan. That plan describes several multiple purposes and goals. Among those is the following purpose statement. "Create an identifiable downtown that is the social and economic focus of the City;" The City Center is designated an Urban Center under the Countywide Planning Policies (CWPP). The City Center Comprehensive Plan notes that the CWPP supports the City Center by: "Establishment of an urban center that is a vibrant, unique and attractive place to work;" More specifically a City Center Plan Policy states: "CCG5 Encourage a mix of compatible uses to maintain a lively, attractive, and safe place to live, work, and visit." In order to implement and maintain the vision for the City Center, appropriate regulations and codes must be in place. Because adult facilities have adverse secondary impacts which can be detrimental to the vision, purpose, and polices of the City Center, appropriate controls should be in place. Placement of adult facilities next to residential areas, churches, schools, libraries, etc., would not be compatible with such uses. The increased crime and discarded pornographic literature, etc., would be exposed to children at places where they congregate. Failure to put minimum controls on adult uses would cause property values to decrease, discourage development, and defeat the intent of providing a economic focus for the downtown. The proposed minor adjustments to regulations assures that the FWCP for the City Center is being met and that compatibility of adult facilities with other uses is maintained. PROPOSED CHANGES TO EXISTING CODE REGULATIONS Only minor changes are proposed to the existing regulations. Changes are proposed to the Definitions and Special Regulations and Notes sections, and a new section for a sun setting provision for nonconforming adult facilities is also proposed (Exhibit J, Draft Ordinance for Adult Facilities). The following highlights the nature of the changes as shown on the exhibit. A. Definitions (FWCC Section 22-1) The definition section is revised to more clearly note that adult retail is a regulated use. There are also minor edits to other aspects of the existing definitions such as adding panorama and peep shows, clarifying adult entertainment, and clarifying that fondling or other erotic touching is also part of specified sexual activities. Staff Report Page -4- Adult Entertainment Amendments B. Special Regulations and Notes (FWCC Sections 22-794 and 22-806) The setback provision between adult entertainment uses is changed to 500 feet from 1,000 feet. This change was made because it has been determined that 500 feet would still keep a separation significant enough to avoid concentration. There is opportunity to keep them apart, yet allow persons the ability to travel around or away from them while in the zones which allow the adult uses. There is also revised language to how the distance between separated uses shall be made. The revisions use a clearer measurement from property line to property line rather than from a point of public access. C. Sun Setting Provision (New Section 338.2) This provision adds a new section to the nonconforming provisions of the FWCC relating directly to the amortization of existing adult facilities that do not meet the provisions of this chapter. A one year time period gives them a reasonable period to relocate. ZONING AND TEXT AMENDMENT CRITERIA FWCC Section 22-523 sets out criteria for amendments. Below is listing of the criteria and a staff response. The city may amend the text of this chapter only it finds that: 1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan. Staff Response — Please see the analysis in the staff report under the section of COMPREHENSIVE PLAN, above. The proposed regulations are consistent with purpose statements of the comprehensive plan which call for a vibrant, unique, and attractive place to work, in addition to being the social and economic focus of the city. Failure to have appropriate regulations as proposed by the city would work against the vision and direction for the City Center because adverse secondary impacts would go unchecked. The proposed regulations are also consistent with Policy CCG5 which calls for compatible land uses in City Center. Failure to have appropriate regulations as proposed by the city would contribute to incompatible land uses. 2) The proposed amendment bears a substantial relation to public health, safety, or welfare. Staff Response — Please see the analysis is the staff report under the section of SECONDARY IMPACTS OF ADULT FACILITIES, above. Numerous studies have documented that adult Staff Report Page -5- Adult Entertainment Amendments facilities, including retail, are detrimental to the public health, safety, morals, protection of minors, and general welfare of the public. These adverse impacts include criminal activity, depreciation of property values, deterioration of community character, etc. 3) The proposed amendment is in the best interest of the residents of the City. Staff Response — The proposed modifications to regulations promote a vibrant and attractive downtown. The regulations assure compatibility between land uses and protect citizens, including children, from unnecessary exposure to adult uses. CONCLUSIONS 1) Adult facilities have secondary impacts that are detrimental to the public health, safety, morals, protection of minors, and general welfare of the public. 2) The city desires to control secondary impacts while still allowing reasonable protection of speech as provided for under the United States and Washington State Constitutions. 3) The City Center is the intended focal point for social activity, work, business, and residents. 4) Existing adult facility regulations need minor revisions to minimize secondary impacts, implement the City Center Plan, and protect rights of free speech. The proposed revisions are necessary. 5) Zoning and text amendment criteria under FWCC Section 22-523 are met. EXHIBITS A) Existing Adult Use Regulations B) Zoning Interpretation: Adult Video Sales and Rental C) Existing Adult Facilities D) Resolution No. 98-268 E) Resolution No. 98-270 F) Resolution No. 98 276 G) Ordinance No. 95-241 H) Draft Survey of Adult Entertainment Sites In King County 1) Studies of Secondary Impacts of Adult Entertainment J) Draft Ordinance for Adult Facilities I:%DOCUMENT�ADULT\ADULTRPT. WPD Staff Report Page -6- Adult Entertainment Amendments ZONING ARTICLE I. IN GENERAL Sec. 22-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned shall mean knowing relinquish- ment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the prop- erty or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. Accessory shall mean a use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property. Accessory dwelling unit (ADU) shall mean ei- ther a freestanding detached structure or an attached part of a structure which is subordinate and incidental to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including per- manent provisions for living, sleeping, cooking and sanitation. ADU, attached shall mean an accessory dwell- ing unit that has one or more vertical and/or horizontal walls, in common with or attached to, the primary dwelling unit. ADU, detached shall mean a freestanding ac- cessory dwelling unit that is not attached or physically connected to the primary dwelling unit. Accessory hardship dwelling unit shall mean an attached ADU which satisfies the criteria set forth in Section 22-633 of this Code. Accessory living facility shall mean an area or structure on the subject property, which is acces- sory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the § 22-1 subject property and that employee's family, or for the business owner/operator and that person's family. Adjoining shall mean property that touches or is directly across a street from the subject prop- erty. For the purpose of height regulations, any portion of a structure which is more than 100 feet from a low density zone is not considered to be adjoining that zone. Adult entertainment activity or use shall mean all of the following: (1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or char- acterized by an emphasis on matter de- picting, describing or relating to specified sexual activities or specified anatomical areas (defined as follows) for observation by patrons therein and which excludes minors by virtue of age. a. Specified anatomical areas shall mean both of the following: 1. When less than completely and opaquely covered: i. Human genitals or pubic region. ii. Human buttock. iii. Human female breast be- low a point immediately above the top of the are- ola. 2. Human male genitals in a dis- cernibly turgid state, even if completely and opaquely cov- ered. b. Specified sexual activities shall mean all of the following: 1. Human genitals in a state of sexual stimulation or arousal. 2. Acts of human masturbation, sexual intercourse or sodomy. 3. Fondling or other erotic touch- ing of human genitals, pubic region, buttock or breast. Supp. No. is 1332.1 EXH1131T_ A PAGE.. I OF'_A...... § 22-1 (2) (3) FEDERAL WAY CITY CODE Adult bookstore shall mean an establish- ment which in whole or in portion thereof has a substantial or significant portion of its stock and trade books, magazines or other periodicals, which are distinguished or characterized by an emphasis on mat- ter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" and which excludes mi- nors by virtue of age. Adult cabaret shall mean a cabaret, night- club or other establishment which fea- tures go-go dancers, exotic dancers, strip- pers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "spec- ified anatomical areas" and/or whose per- formances or other activities include or mimic "specified sexual activities" and which establishment excludes minors by virtue of age. Activities and uses defined as adult enter- tainment activity or use are only permit- ted in the zone where that term is specif- ically listed as an allowable use and only in conformance to the requirements as stated for that use. Agricultural use shall mean any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. Air rights shall mean the right to, in some manner, control the use of the space above the surface of the ground. Alluvium _shall mean soil deposits transported by surface waters. Antenna(e) shall mean any system of electro- magnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or re- ceive electromagnetic waves between terrestrian and/or orbital based points, includes, but is not limited to: (2) Directional (or "panel") antenna(e) trans- mits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) Parabolic antenna(e) (or dish) antenna(e) is a bowl -shaped device for the reception and/or transmission of communications signals in a specific directional pattern. (4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimen- sion and that is not directly used to pro- vide personal wireless communications ser- vices. An example would be a global positioning satellite (GPS) antenna. Applicant shall mean both of the following, depending on the content: (1) A person who applies for any permit or approval to do anything governed by this chapter, which person must be the owner of the subject property, the authorized agent of the owner, or the city. (2) Any person who is engaging in an activity governed by this chapter or who is the owner of property subject to this chapter. Average building elevation shall mean a refer- ence datum on the surface topography of a subject property from which building height is measured. The reference datum shall be a point no higher than five feet above the lowest elevation taken at any exterior wall of the structure either prior to any development activity or at finished grade, whichever is lower, provided the reference datum is equal to or lower than the highest elevation at any exterior wall of the structure prior to devel- opment activity. (1) Omni -directional (or "whip") antenna(e) transmits and receives radio frequency signals in a 360 -degree radial pattern. Supp. No. 18 1332.2 EXHIBIT" A ..PAGE z OFA_ � I � � 1 i 1 I � /1PIC It pM,F �... rs. EXHIBIT" A ..PAGE z OFA_ ZONING § 22-794 Supp. No. 18, Rev. 1495A A EXHIBIT PAGE � OFA_ L a ° � o r L O w r`3 p u U O O ._. � u w U U O "2 O •' 9Cj u ° d in L C L y L W O T � m J V :c 9 6.0 q OO c ca 9 w i= a 00 N L d c >.5 u X A Q yO. C/1 r 6 C N w A � •O � u�° DD L C OC N V� .�-. toDe! ` 'O y m X N UQ d a y L ,� N d •C N C d'.= t0 � U y U 0 cp: 6 v L71 3 o0 0 u u u t 3 3 m •O s d y o a.tr - 0a T 3 u t - 5 L ? N O U U N a�o a ti q 040 W > '; '3 N" C -y SOT. O C .0 a o. O o o Fey f/� ai C L o G"� A u o O C _C' a,... y o L K L d U A L o W V m e00 w U d L N C P u 0.',u C T y 7s O' O OCL C R 'o w• m A T A U y. L N N u E _ O eF2 3 d c. c. u E N = c W u L T'u a aui " u c n o.o c CIS V] Q Q Q Q Q Q L F .Gu ai r:F L Z w O O -NN1a �n SOF yNn p7 [-• CFFZ•5wti v v N O �.- L •> m v°i rj • 3 of L ti M ` v1 16 t- iL F v S9DVdS ONDRiVd -C O0 a3-I1noHN x w 0 Q' 0 mn.L' mus; ,N, s AO 1H0M ° A A c o ' v o av�a a Q c } O (wvo) 9QIS W c D u 1NMU o D Z) d o u o Z 9zis 101 o c o z A � e rn w SMOU M91AMI u u> 5_v > x a3ainaaa O y N N � N N SN0LLV'In0g1I �s N N N c o` 4 Supp. No. 18, Rev. 1495A A EXHIBIT PAGE � OFA_ § 22-806 FEDERAL WAY CITY CODE Supp. No. 18, Rev. C O\ v M WJ N z b 0 �D N n tI-) lq! n N �D O\ z .0 0 ch a W cm c M r- 6 0 O 01 N N knk O tn N M 0 a O Z r. 1510 EXHIBIT- A \ _ PAGEQF--4-_ � C C "e q' LV E `o s .. ;e _ L 3C 3 O 5 aZ. °v a -env S.9 o a w M W E � vl 9 ° S `w' �ip, C �Q1r z ° '.4' �`o U U -0-0 Cpu �$ S S. g 2'a �-2y 6 C Z € aq, u raw 0 e a a &y Cit 2,,, -o—aa j K,5 ° S U C"" C u C Y 89 08 j Y„�„ N V O ,'D? M Y c�i `.94 3 �»� J ay p, •j8 5 y3 0 � •C � '�p �5_ .9 � L+ 1..x.1 n .0 uO u� Qp$; R � � �i Ad R �i C �T s C' � iY G d u e�U C° .3 -t m 'cv `o$.oL gg— �'3T1�gS.Edg° °�mw X cK'tR o at `oa ..8.8 $S.K W u uS�i N W tioi«o« `qa•.0 F !�i{{ Fu Uaa FaY �,c(,t=fY �Fu S I Z iO C tS+i g sO i c=7 � S3JVdS `Jt�[DI?[Vd aaiuna�l U 4 3 ° a — 5ta q zdO 32in MIUS 1HO131-1 wnm)cvw ; d B ` 'g o a xvHa o 78 L= r 0 (40-) gals o 3 N � a 0 7 z CY WOE N � F cm C M. ms 10-1 > `u Z O o Z 'C a S3JObd M31A923 FS .o >o jNa3a1na3N a_ 0. Q N C .4 O c N N N SNOUVT193-I Q s 0 W ul C -t: a Supp. No. 18, Rev. C O\ v M WJ N z b 0 �D N n tI-) lq! n N �D O\ z .0 0 ch a W cm c M r- 6 0 O 01 N N knk O tn N M 0 a O Z r. 1510 EXHIBIT- A \ _ PAGEQF--4-_ CITYO F � �� �y 33530 1ST WAY SOUTH October 6, 1997 Kevin Cornwell 3730 SW 338th Place Federal Way, WA 98023 (206) 661-4000 FEDERAL WAY, WA 98003-6210 RE: Zoning Interpretation: Adult Video Sales and Rental (City File No. UP197-0018) Dear Mr. Cornwell: Ouestions presented This responds to your letter, dated 9/24/97, requesting a zoning interpretation for adult video stores. Currently you are interested in establishing this use in the Business Park (BP) zoning district. It is evident from your letter that a significant, if not entire, portion of your business will be adult oriented. You have reviewed Federal Way City Code (FWCC) Chapter 22, Zoning, and determined, in your opinion, that: (1) the definition of adult entertainment activity or use does not expressly include adult video stores, and (2) the FWCC does not define video rental; therefore, (3) adult video stores should be classified as video rental. You correctly note that video rental is currently permitted in various zoning districts but not in the Business Park (BP) district. You also note that the BP district does not expressly exclude adult video and you ask the City to consider including these uses therein. In summary, your request presents two questions, addressed below: 1. r. -w Can adult video stores be classified as video rental stores? Interpretation Adult video sales and rental stores are determined to be analogous with adult bookstores, as contained in the FWCC definition of adult entertainment activity or use (enclosed). These uses are permitted in the City Center Core (CC -C) and City Center Frame (CC -F) zoning districts (FWCC Sec. 22-794 and 22-806, enclosed). b. Discussion As a general rule, in order for a particular land use to be allowed, in a zoning district, the use must be expressly listed on the district land use charts in which the property is located. In other. words, a use is not permitted where it is not listed. In the subject case, adult video is not expressly listed on any district charts. In such cases, the Director of Community Development' Services may issue a zoning interpretation pursuant to FWCC Sec. 22-4 (enclosed) based on the criteria contained in that section. This letter constitutes such written interpretation. H bil�. PAG E_J__4F---�-- Kevin Cornwell October 6, 1997 Page 2 of 3 C. Analysis The request asserts that the proposed adult video should be classified as video rental, since adult video is not expressly included in the FWCC definition of adult entertainment. However, an analysis of this definition (enclosed), and more particularly it's subcategory adult bookstore, determines that it is, in fact, sufficient to include adult video by analogy. Inclusion of adult videotapes in the classification adult bookstore is reasonable and logical because (1) videotapes are a means of mass communication, along with "...books, magazines, and newspapers." and (2) such videotapes are clearly "...distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", and "which excludes minors by virtue of age." The zoning definition of adult entertainment, more specifically adult bookstore, clearly distinguishes materials containing sexually explicit content .and accessible by adults only, from material not containing this content and available to the general public. While general video and adult video would certainly share some operational traits, their stock in trade is clearly distinguishable and definable under current code. Therefore, a claim that an adult video is more analogous to general video ignores the contrasts in the nature of the two businesses, as extrapolated from the definition of adult entertainment. Additional findings in support of this interpretation can be made by contrasting zoning regulations for video rental with adult entertainment. Specifically, video rental is permitted in all commercial zoning districts, with no separation requirements from residential neighborhoods or public institutions, and no special review requirements. However, adult entertainment is permitted in the City Center only, and it is subject to public notice requirements, with specific separation from residential zoning districts, churches and schools, etc. Given these contrasting regulations, along with the foregoing definitional analysis, it is clear that the zoning regulations intended to distinguish adult video from general video, and to direct the former to areas and away from residential neighborhoods and other potentially impacted uses. 2. Can the Business Park MP) zoning district be amended to include adult video stores? Under current Federal Way City Code (FWCC), adult entertainment is not permitted in the Business Park (BP) zoning district, but is permitted in the City Center (CC-C,CC-F). Since this use is currently not permitted in the BP zone, you are correct.that a FWCC amendment would be required to include it in the BP zone. FWCC amendments must be approved by the City Council following a public hearing by the Planning Commission. Also, it is likely that an amendment to the Federal Way Comprehensive Plan (FWCP) would be PAGE.---OF� Kevin Cornwell October 6, 1997 Page 3 of 3 required, since adult video is not consistent with BP land uses as contemplated in the current FWCP, and state law requires consistency between zoning and comprehensive plan documents. I trust that the foregoing information will assist you in your business decisions, and we apologize for any previous confusion regarding zoning classification of this use. Please be advised that the City cannot approve a business license for a land use that is not permitted in a particular zoning district. As previously stated, an adult video store, classified as adult entertainment activity or use, may be located in City Center -Core and City Center -Frame (FWCC Division 8, enclosed) subject to all applicable regulations and notes, including separation requirements (refer to FWCC Sections 22-794 and 22-806, enclosed). If you have any questions concerning this interpretation please contact Lori Michaelson, Senior Planner at 661-4045. Sincerely, A ry Moore, AICD Directo of Community Development Services encl: FWCC Article I, definition of adult entertainment activity or use FWCC Sec. 22-4, 22-794, 22-806 c: Lori Michaelson, Senior Planner Margaret Clark, Senior Planner %,/Greg Fewins, Principal Planner Bonnie Lindstrom, Assistant City Attorney Interpretation Notebook 00 rn M N 6 3 x U O 9 EXHIBIT G PAGE I .OF 1 0 0 V) V) 4 '. U U 0 0 0 0 Ll U U U U o � � (1)v) von r° vo) V) n m M Cd to on on to to o x x x x x O cn U cd U Cd U cd U Cd U cd N O � O O O O N �p kn v'i D1 Q� U1 M N N N N 3 cn O to � a o w � a C3cn a z w > ° > o cl �cn Q 0 6 3 x U O 9 EXHIBIT G PAGE I .OF 1 C RESOLUTION NO. 98- fIl A RESOLUTION OF THE CITY COUNCIL OF THE GTTY OF FEDERAL WAY, WASHINGTON, EM[POSING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, AND BUSINESS LICENSES, FOR ADULT EN'T'ERTAINMENT AND ADULT RETAIL USES. WHEREAS, the Federal Way City Council has previously determined, based on public testimony and other evidence and through findings of fact detailed in Ordinance No. 95- 241, that adult entertainment uses cause secondary effects that are detrimental to the public health, safety, morals and general welfare of the citizens of Federal Way; and WHEREAS, there are present within the City of Federal Way several adult retail establishments (a subset of adult entertainment uses), whose stock in trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded video tapes, disks, film or other such media, instruments, devices, equipment, paraphernalia, toys and novelties, games, clothing or other merchandise which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are defined in Federal Way City Code ("FWCC") 9-71.A; and WHEREAS, there is evidence that the City could, in the near future, receive applications for adult entertainment or adult retail uses that would significantly increase the Res. No. 98-268, Page 1 E �='Vjj 0 KFD:u V. - - D n is I amount of square feet of commercial space characterized by such uses and located with the City Center Core and Frame; and WHEREAS, the FWCC may not currently adequately address the various impacts to public health, safety, morals and general welfare that these uses present; and" WHEREAS, other cities in the surrounding Seattle -Tacoma metropolitan region, and elsewhere in the country, have adopted ordinances regulating adult entertainment and adult retail uses, based upon evidence of the negative secondary effects of such uses; WHEREAS, the citizens of Federal Way would be well served if City Council members and city staff more fully addressed and understood the potential negative secondary effects, in the form of health, safety and economic and aesthetic impacts, these uses impose upon neighboring properties and on the community as a whole; and WHEREAS, the City needs to review existing information on the negative secondary effects of adult entertainment and adult retail uses, and to review the City's Code and ordinances in a comprehensive fashion to determine whether they sufficiently address the secondary effects of such uses; and WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to adopt moratoria provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, the City should impose a moratorium barring the acceptance of all applications for and issuance of business licenses, building permits, land use permits, or other licenses or permits under the FWCC for adult entertainment or adult retail uses, until additional review has been completed and any necessary code revisions have been adopted by the Federal Way City Council; and Res. No. 98-268, Page 2 LO 0 F-4- .�...-...�.......w..,�...,.....��.�.r•...Jt.:.�,t.ra .f YwL.'441+.S.L t9.:tllliiU WHEREAS, the Federal Way City Council understands that a portion or all of the materials sold by adult entertainment or adult retail uses may be protected by the First Amendment of the U.S. Constitution and/or Article 1, Section 5 of the Washington State Constitution; and WHEREAS, the Federal Way City Council does not intend, by this resolution, to impermissibly infringe upon any party's free speech rights, and urges any court reviewing this resolution to interpret it in such a manner and determine that it is constitutional; and WHEREAS, the purpose of this resolution is to provide, during the moratorium period, time in which the City Council may study its existing Code, ordinances and the negative secondary effects of such uses; determine whether any additional, reasonable regulation is necessary to mitigate the secondary effects; and prepare for adoption suitable time, place and manner restrictions narrowly tailored to regulate such uses by the least restrictive means available; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Moratorium. The Federal Way City Council hereby declares a moratorium upon the acceptance of applications, for and the issuance of any business license, building, land use or development permit or approval ('including variances and rezones), or any other permit, license or approval required to construct, install, relocate, or operate any adult entertainment or adult retail use as defined in the FWCC or described in the recitals of this resolution. Further, during the pendency of this moratorium, no information or submissions on any pending applications for adult entertainment or adult retail uses shall be accepted by City staff. Res. No. 98-268 , Page 3 EXHIB7, PAGE��� _�. Sedation 2. Duration. This moratorium shall be in effect for 180 days following the effective date of this resolution, and shall expire at midnight on August 16, 1998 unless extended by the City Council. Section 3. Public Dearing. Pursuant to RCW 36.70A.390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption, or no later than April 18, 1998. Immediately after the public hearing, the City Council shall adopt findings of fact on the subject of this moratorium, and either justify its continued imposition or cancel the moratorium. Section 4. Staff Direction. During the moratorium, the City staff is directed to survey existing studies and evidence and: identify any negative secondary effects that are associated with adult retail portions of adult entertainment uses; determine whether any �. mechanisms exist by which these effects may be mitigated; identify the least restrictive of these mechanisms; and identify alternative, available areas within the City within which the City may provide a reasonable means to accommodate access to constitutionally -protected material, if any; make recommendations to the City Council, or a subcommittee thereof, if appropriate, concerning any necessary and appropriate legislation and/or code amendments. Section 5. Temporary Use Permits. Notwithstanding the moratorium in Section 1 above, any adult entertainment or adult retail use which satisfies all criteria applicable to its underlying zone may be permitted under a temporary use permit if it meets the following criteria: A. It is not located or proposed to be located within one thousand feet (1,000') of: 1. any zone in which residential use is permitted outright; 2. any public or private school or day care facility. Res. No. 98-16 3, Page 4 ?'_ ,. ,� i ■ A . FMGE. i 3. any church, synagogue, or other place of religious worship; 4. any public park; 5. any library; and 6. any other adult entertainment or adult retail use or activity. For purposes of this subsection, 1,000 feet shall be measured along a straight line from any point of public access to the adult entertainment or adult retail use to the nearest corner of the property on which the school, church, park, library, residential, or other adult entertainment or adult retail use is located. B. It meets other applicable criteria under the FWCC, including those under Chapter 22, for issuance of a temporary use permit. pages 1-3 of this Resolution, and the findings of fact contained in Ordinance No. 95-241, are incorporated as if fully set forth herein and shall serve as Findings of Fact. The City Council may amend such findings in whole or in part and adopt additional findings following the public hearing described in Section 3 above. Section 7. Sever -ability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Res. No. 98- 26$ Page 5 P/aCa E -� C Section 9. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this � I�ay of February, 1998. CITY OF FEDERAL WAY 1 24vl� MAY6A, RON GINTZ ATTEST: C CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: C TT , LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 98-268 Y-%PMO%TADULTFNf.MOR Res. No. 98-268, Page 6 February 17, 1998 February 17, 1998 'st C RESOLUTION NO. 98-270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING FINDINGS OF FACT AND CONTINUING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PMMITS, AND BUSINESS LICENSES, FOR ADULT ENTERTAINMENT AND ADULT RETAIL USES. WHEREAS, the Federal Way City Council has previously determined, based on public testimony and other evidence and through findings of fact detailed in Ordinance No. 95- 241, that adult entertainment uses cause secondary effects that are detrimental to the public health, safety, morals and general welfare of the citizens of Federal Way; and WHEREAS, there are present within the City of Federal Way several adult retail establishments (a subset of adult entertainment uses), whose stock in trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded video tapes, disks, film or other such media, instruments, devices, equipment, paraphernalia, toys and novelties, games, clothing or other merchandise which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are defined in Federal Way City Code ("FWCC") 9-71.A; and WHEREAS, there is evidence that the City could, in the near future, receive applications for adult entertainment or adult retail uses that would significantly increase the EXHIBIT Res. No. 98-17_0, Page 1 PAGE _1_._ OF � I! " (1 *N 1 lJl� amount of square feet of commercial space characterized by such uses and located with the City Center Core and Frame; and WHEREAS, the FWCC may not currently adequately address the various impacts to public health, safety, morals and general welfare that these uses present; and WHEREAS, other cities in the surrounding Seattle -Tacoma metropolitan region, and elsewhere in the country, have adopted ordinances regulating adult entertainment and adult retail uses, based upon evidence of the negative secondary effects of such uses; WHEREAS, the citizens of Federal Way would be well served if City Council members and city staff more fully addressed and understood the potential negative secondary effects, in the form of health, safety and economic and aesthetic impacts, these uses impose upon neighboring properties and on the community as a whole; and WHEREAS, the City needs to review existing information on the negative secondary effects of adult entertainment and adult retail uses, and to review the City's Code and ordinances in a comprehensive fashion to determine whether they sufficiently address the secondary effects of such uses; and WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to adopt moratoria provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, on February 17, 1998 the City adopted Resolution No. 98-268, imposing a moratorium upon the acceptance of all applications for and issuance of business licenses, building permits, land use permits, or other licenses or permits under the FWCC for adult entertainment or adult retail uses, until additional review has been completed and any necessary code revisions have been adopted by the Federal Way City Council; and Res. No. 98-229, Page 2 - EXHIBIT -E... PAGE P- OF C WHEREAS, RCW 35A.63.220 and RCW 36.70.390 provide that a city adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty (60) days of adoption of the moratorium; and WHEREAS, a public hearing was held on Tuesday, April 7, 1998 before the Federal Way City Council; and WHEREAS, the City Council has considered written comments and public testimony received at the hearing, as well as materials presented by staff at the hearing; NOW, THEREFORE, THE CITY COUNCE . OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings of The Federal Way City Council hereby adopts the following Findings of Fact: A. The City has determined previously, through public testimony and the receipt of other evidence, that adult entertainment uses cause adverse secondary effects that are detrimental to the public health, safety, morals, protection of minors and the general welfare of the citizens of Federal Way. B. Many of those adverse secondary effects are summarized in the findings of fact contained in Ordinance No. 95-241, and Resolution No. 98-268 which are incorporated herein by this reference. Those adverse secondary effects include significant criminal activity not limited to prostitution, illegal employment of minors, narcotics and alcoholic beverage law violations, breaches of the peace, tax evasion and harboring of persons with outstanding arrest warrants. C. Those adverse secondary effects also include public sexual conduct on the premises of adult entertainment businesses, which can facilitate prostitution and related crimes. Such conduct Res. No. 98-270 , Page 3 XHIBi F - PAGE 3 OF .10 also causes substantial public health and safety concerns, not limited to the spread of sexually transmitted diseases. D. The City has reviewed studies from other cities concerning the adverse secondary effects arising from adult retail establishments (a subset of adult entertainment uses), whose stock in trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded video tapes, disks, film or other such media, instruments, devices, equipment, paraphernalia, toys and novelties, games, clothing or other merchandise which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are defined in the Federal Way City Code ("FWCC") 9-71.A. E. The City is concerned that the studies from other cities conclude that adverse secondary effects from such adult retail establishments include increased crime rates, depreciation of property values, deterioration of community character, and a decrease in the quality of life. F. The City is also concerned that the studies from other cities conclude that such adult retail establishments tend to concentrate in certain areas, and that the proximity of those establishments to sensitive uses such as schools, residential zones, places of religious worship and parks result in similar or increased adverse secondary effects. G. Although reliance on these studies may result in decisions by the City to regulate the location of such adult retail establishments, the City believes that the characteristics of such establishments within the City may have an impact on the type and manner of regulation which the City chooses to employ. The City finds that its own study of such adult retail establishments may be necessary to properly determine what regulations are appropriate. The City finds that Res. No. 98- 2 I a Page 4 E H I I PAGE .OF additional review of such other studies on the secondary effects of adult retail establishments is necessary to determine what regulations are appropriate. H. A continuation of the moratorium established by City Resolution No. 98-268 until August 16, 1998 is necessary to take such additional action. ••� :.. �• �� �� • .•u.•t: '.•TMOMIMITMI pages 1-3 of this Resolution, and the findings of fact contained in Ordinance No. 95-241 and Resolution No. 98-268, are incorporated as if fully set forth herein and are hereby adopted as additional Findings of Fact to the extent they are not inconsistent with the Findings of Fact adopted in Section 1 of this Resolution. Section 3. Continuation of Moratorium. Based on the Findings of Fact adopted in Sections 1 and 2 above, the City Council hereby determines that it is necessary for the moratorium enacted in Resolution No. 98-268 to remain in effect for the entire 180 -day period set forth in Resolution No. 98-268. Accordingly, the moratorium shall not expire until midnight on August 16, 1998, unless the moratorium is shortened or extended by action of the City Council. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Res. No. 98-2j0, Page 5 PAG E 5 0F... I Stiction 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this�ay of April, 1998. ATTEST: CITY CITY OF EDERAL WAY OL MAYOR, RON GUM . CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: 03-31-98 PASSED BY THE CITY COUNCIL: 04-07-98 RESOLUTION NO. 98- 98-270 K:\RFSO\TADULTFNT.FOF Res. No. 98-270, Page 6 PAGE0Fk RESOLUTION NO. 98-276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING FINDINGS OF FACT AND RENEWING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMPTS, AND BUSINESS LICENSES, FOR ADULT ENTERTAINMENT AND ADULT RETAIL USES. WHEREAS, the Federal Way City Council has previously determined, based on public testimony and other evidence and through findings of fact detailed in Ordinance No. 95- 241, that adult entertainment uses cause secondary effects that are detrimental to the public health, safety, morals and general welfare of the citizens of Federal Way; and WHEREAS, there are present within the City of Federal Way several adult retail establishments (a subset of adult entertainment uses), whose stock in trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded video tapes, disks, film or other such media, instruments, devices, equipment, paraphernalia, toys and novelties, games, clothing or other merchandise which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are defined in Federal Way City Code ("FWCC") 9-71.A; and WHEREAS, there is evidence that the City could, in the near future, receive applications for adult entertainment or adult retail uses that would significantly increase the Res. No. 98- 27§ Page 1 EXHIBIT --E PAGE -OFA_ COp amount of square feet of commercial space characterized by such uses and located with the City Center Core and Frame; and WHEREAS, the FWCC does not currently adequately address the various impacts to public health, safety, morals and general welfare that these uses present; and WHEREAS, other cities in the surrounding Seattle -Tacoma metropolitan region, and elsewhere in the country, have adopted ordinances regulating adult entertainment and adult retail uses, based upon evidence of the negative secondary effects of such uses; and WHEREAS, the citizens of Federal Way would be well served if City Council members and city staff performed additional analysis on the negative secondary effects, in the form of health, safety and economic and aesthetic impacts, these uses impose upon neighboring properties and on the community as a whole; and WHEREAS, the City needs to review existing information on the negative secondary effects of adult entertainment and adult retail uses, and to prepare draft code amendments to the FWCC addressing the negative secondary effects of such uses; and WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to adopt moratoria provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, on February 17, 1998 the City adopted Resolution No. 98-268, imposing a moratorium upon the acceptance of all applications for and issuance of business licenses, building permits, land use permits, or other licenses or permits under the FWCC for adult entertainment or adult retail uses, until additional review has been completed and any necessary code revisions have been adopted by the. Federal Way City Council; and Res. No. 98-276, Page 2 PAG E z O F�- C WHEREAS, RCW 35A.63.220 and RCW 36.70.390 provide that a city adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty (60) days of adoption of the moratorium; and WHEREAS, a public hearing was held on Tuesday, April 7, 1998 before the Federal Way City Council and after considering all written comments and public testimony received at the hearing, as well as materials presented by staff at the hearing, the City Council adopted Findings of Fact and continued the moratorium until August 16, 1998; and WHEREAS, as a result of research and analysis performed during the moratorium, the City has concluded that adult entertainment, including adult retail uses and bookstores, has negative secondary effects and that code amendments are necessary to the FWCC to address such effects; and WHEREAS, in order to allow staff sufficient time to thoroughly analyze all of the information staff has gathered during the six (6) month moratorium, to draft proposed code amendments and to present such code amendments to the Federal Way Planning Commission, the Land Use Transportation City Council Committee and the full City Council, staff is requesting a six (6) month renewal to the adult moratorium; and WHEREAS, pursuant to RCW 35A.63.220 and RCW 35.70A.390; -a public hearing was held on August 11, 1998 to consider renewing the moratorium for a six (6) month period; and WHEREAS, the City Council has considered written comments and public testimony received at the August 11, 1998 hearing, as well as all materials presented by staff; and WHEREAS, RCW 35A.63.220 and RCW 36.70.390 provide that a city renewing a moratorium shall adopt findings of fact prior to such renewal; Res. No. 98-_L76 Page 3 EX re PAGE 3 OF. ' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings of Fact. The Federal Way City Council hereby adopts the following Findings of Fact: A. The City has determined previously, through public testimony and the receipt of other evidence, that adult entertainment uses cause adverse secondary effects that are detrimental to the public health, safety, morals, protection of minors and the general welfare of the citizens of Federal Way. B. Many of those adverse secondary effects are summarized in the findings of fact contained in Ordinance No. 95-241, Resolution No. 98-268 and Resolution 98-270 which are incorporated herein by this reference. Those adverse secondary effects include significant criminal activity not limited to prostitution, illegal employment of minors, narcotics and alcoholic beverage law violations, breaches of the peace, tax evasion and harboring of persons with outstanding arrest warrants. C. Those adverse secondary effects also include public sexual conduct on the premises of adult entertainment businesses, which can facilitate prostitution and related crimes. Such conduct also causes substantial public health and safety concerns, not limited to the spread of sexually transmitted diseases. D. The City has reviewed studies from other cities concerning the adverse secondary effects arising from adult retail establishments ( a subset of adult entertainment uses), whose stock in trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded video tapes, disks, film or other such media, instruments, Res. No. 98- 276, Page 4 F1411`- F PAGE® F_ 'oh devices, equipment, paraphernalia, toys and novelties, games, clothing or other merchandise which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are defined in FWCC 9-71.A. E. The City adopts by reference the studies from other cities that conclude that adverse secondary effects from such adult retail establishments include increased crime rates, depreciation of property values, deterioration of community character, and a decrease in the quality of life. F. The City adopts by reference the conclusions contained in such studies from other cities that conclude that such adult retail establishments tend to concentrate in certain areas, and that the proximity of those establishments to sensitive uses such as schools, residential zones, places of religious worship and parks result in similar or increased adverse secondary effects. G. Although reliance on these studies has resulted in the decision by the City to regulate the location of such adult retail establishments, the City believes that the characteristics of such establishments within the City may have an impact on the type and manner of regulation which the City chooses to employ. The City finds that additional review of other studies on the secondary effects of adult retail establishments is necessary to determine what regulations are appropriate. H. Staff will prepare draft code amendments as a result of its further review of such studies to address the negative secondary effects of such adult uses for the City Council's consideration and adoption. I. A renewal of the moratorium established by City Resolution No. 98-268 and Resolution No. 98-270 until February 12, 1999 is necessary to take such additional action. Res. No. 98-_Z76, Page 5 I PAGE--.-60E-"b -- Section 2. Recitals and Findings of Fact Incorporated. The recitals set forth on pages 1-3 of this Resolution, and the Findings of Fact contained in Ordinance No. 95-241, Resolution No. 98-268 and Resolution No. 98-270, are incorporated as if fully set forth herein and are hereby adopted -as additional Findings of Fact to the extent they are not inconsistent with the Findings of Fact adopted in Section 1 of this Resolution. Section 3. Renewal of Moratorium. Based on the Findings of Fact adopted in Sections 1 and 2 above, the City Council hereby determines that it is necessary for the moratorium enacted in Resolution No. 98-268 to be renewed for an additional six (6) month period. Accordingly, the moratorium shall not expire until midnight on February 12, 1999. Section 4. Work Plan. During the six (6) month extension, staff will continue its analysis and review of studies and ordinances from other jurisdictions addressing the negative ( secondary effects of adult businesses including adult bookstores. Staff will draft amendments to the FWCC, including without limitation, Sections 9-71 through 9-134 covering licensing and regulation of adult establishment businesses and the zoning charts contained in Chapter 22 of the FWCC. The draft amendments will be presented to the Federal Way Planning Commission if such amendments cover Chapter 22 of the FWCC and all amendments will be presented to the Land Use Transportation City Council Committee and the full City Council for consideration and adoption. The timing of the presentation of the amendments to the Planning Commission and City Council will depend upon each body's existing work plan and available schedule. In the event either the Planning Commission or City Council is unable to complete its review and adoption of such -amendments on or before February 12, 1999, staff will request an additional renewal of the moratorium. Res. No. 98-_Z76 Page 6 rI A OF Section 5. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 11th day of August, 1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ C CITY CLERK, N. CHRISTINE GREEN, CMC Res. No. 98-276, Page 7 1, .a' 'il. F '.�. d 4. APPROVED AS TO FORM: CIT A ORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: August 11, 1998 PASSED BY THE CITY COUNCIL: August 11, 1998 RESOLUTION NO. 98- 276 KARESMADULTENT.RNW Res. No. 98-276, Page 8 ORDINANCE NO. 96-Z4,1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE ADULT ENTERTAINMENT CODE TO PROVIDE FOR A DEFINITION OF ADULT ENTERTAINMENT, FINDINGS OF FACT, PROCEDURES FOR THE CLERK TO SUSPEND OR REVOKE A LICENSE, INFORMATION REQUIRED IN ADULT ENTERTAINMENT LICENSES, AND STANDARDS OF CONDUCT INCLUDING A MINIMUM FOUR FOOT SEPARATION BETWEEN AN ENTERTAINER AND A PATRON (AMENDING ORDINANCE NO. 90-55 AND 92-129) WHEREAS, the Federal Way City Council finds that the ordinance is in the interests of the public health, safety and welfare, and - WHEREAS, based on public testimony and other evidence presented to it, the City Council has determined that the secondary effects of adult entertainment activities are detrimental to the C public health, safety, morals and general welfare of the citizens of the Federal Way, and WHEREAS, proximity between entertainers and patrons during adult entertainment performances can facilitate sexual contact, prostitution and related crimes, and WHEREAS, concerns about crime and public sexual activity are legitimate and compelling concerns of the City which demand reasonable regulation of adult entertainment establishments in order to protect the public health, safety and general welfare, and WHEREAS, it is the intent of the ordinance to enact time, place and manner regulations which address the compelling interests of the City in mitigating the secondary effects of adult entertainment establishments, and ORD # 95.24-1 , PAGE 1 WGII NW] WHEREAS, on June 1, 1995 and on July 13, 1995, the Public Safety and Human Services Council Committee reviewed the ordinance, heard testimony regarding enforcement problems with the City's existing ordinance, and moved that the amended ordinance be forwarded to the entire City Council for approval; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Federal Way City Code, Chapter 9, Article III is hereby amended as follows: DIVISION 1. GENERALLY Sec. 9-71. Definitions. For the purpose of this article the words and phrases used in this section shall have the following meanings unless the context. otherwise indicates: Adult entertainment shall mean ar= 7.. I:ny exhibition'; }?ert'or.riancc or dance of any type conducted in •premises where such exhibition er—danee. t:hc�--i�xposrrrc'o��ta-of;;,:,iperiormatice•ora':dancn .Lnvo.l.ves a 'pc_rs'on ,��kiq is �nc�:o'tiIt or" it?.:suc%),•'`co`§stumer: attire or �cl.'o'thing',, as�." to. exposeany portion `"of""•tlze female breast below 'the top of" - itt"•e` areola or any portion. of the pubic hair rngi.on, anus, buttocks, vulva or geni.tal:a, 'ar.Y. wr:�irY"iiq ��'ny 'deyrd.6" e -o cci"vexing":: eXiiosei to vi.ewwh-i:'cli"'s`•itiiixTat'es''`th'e•,,appearance` of: any portion' of' the f'erla'Le lircast blow"the' top of the areola or any portion of: ttie pubic h -a -:r region, anus, buttocks, vulva or genitals, or h ma'ri ma1'e gena; �i'lws'�.'�in,a 'd,aspern'ililyt,,tury,i.d i state, even.- i�f� completely � nd,„opaquely, covered;, ;or Any exhibition, -performance,,,: or"- dance of.;, ;.any,., type: conducted i`n'' a, premises.tt}1X •;;such .sex%i;:�iit,o,n, performanceor,,dance�;is:,dist.xrigui skied:;or� c:harac.t'eri:zed�by, a t, prddo i.'ria t"we pt + f'p. r ,p m t�' `1n t�as•,is ,;'�on � ;cher ;dc, i.ct•1�i't;�; '�n des'c:ri, 't���iiii simulat.i-$on;o-ora�re�ldt•ion?to tNe,xtol�low1ng:aspec f- ed,exua1 C ORD # 95 PAGE 2 PAGE z 0F z� )(a)", `,%human gen" 'itaI-S' %. 04j] exu _aso of i int.0 nt acts ol ahum- n 'mas-Vurb-at-daii df',Ihi,(�, or sodomy; `ter 'V,-Y,`­-I'ondJ.j.ng # but, �-6r, Pu i -on, breast; or B.shall—mean an'y cio-iiime,rc.ii , 11' s'es t( a which,I ny pa. --on i s,"itiv, ited '6r,,adr-d.tted, and,where add' 1 .1. t entertaj.nme'nt is pro,vided , on a ragular Nasi.s and •as 6, subs tall t t, par.'of---Hi'e prepli�;es activ.fty. C. means • the indivi.dual , or­.enti Ly -'seeki.ng all, addit. anter. t'ainment .1 icense in the City of Fedoral Way. 1). 1 A aZ212 , ru.)IIct, C01,1701 persons means: All partnerrr,11-- s, copoac Officers and directors and any other individuais in tkie applicant s business 017ganizat 'ion who hold a si.gnif icant interest, in the adult entert:ainntont based,,on responsibility for manaqc,,-u-_,-.nt of th(7.- adtilt entertainment bii.,:;I'IICSISI. Er Employee shall mean any and all persons, including zu entertainers, and inclependent contractors who work in or...... render any services directly related to the operation of adult entertainment establishment whieh effers, eoniae__ maintains adult entertainment. ORD # 95- PAGE 3 EXHIBIT___�_ PAGE-3-O"F z9 Any, �`6iifilliltion,,, --perf o"i mah6q'X 'Ad"n"'c"'e'"d t�`*­'d` ', t in end` "' 6kiia,11y. emixep �z , Va, r c fkwhere sudli 'exhibi: rorf',"p"b",f f,",brlfia"IiceVb"r$ d'ance, Is�,%beti or� - as icith or �-kith, s'eparateL'Cons'idcratJpn 0 L. %, n �'he, premises at- that I -, y -,-,or-,, zuch 6ither dJ t-edtlY ­or!-A.ndi.rectlT peri'ormance,, -For .p��poses­,,,of' . example and not�, lj.miial:dbn''" such a ' 6'r 6i�'- are 'commonly 'referred -,3taiii"e p fbY-iii'a'6cr_'is or dances'' e couch daTic dancing:;` . pri.vate,'danciiig or. steaddl=c ing;.` Adult- ente:L=tainment amuserfient, display establishment shall mean the premises where an. diversien, entertainment, shew,, peL=fernanee, exh.-b-It-i-en, er. like aetivity i:s held fer the use er benefit ef a me-Mber ef the publie, er advertised fer the use er benefit fa—teember ef the pi:iblie, held, eendueted, eperated er maintained fer a. prrefi:t direet er expesur-e indireet, where sueh exhibitien er danee invelvfzq 4 --hl. t -e- ;.4-ew of any pertien of the female breast belew the tep ef the areela vulva er er any perti:en ef the pubi:e hair-, anus, )�utteeks, genitals—. B.shall—mean an'y cio-iiime,rc.ii , 11' s'es t( a which,I ny pa. --on i s,"itiv, ited '6r,,adr-d.tted, and,where add' 1 .1. t entertaj.nme'nt is pro,vided , on a ragular Nasi.s and •as 6, subs tall t t, par.'of---Hi'e prepli�;es activ.fty. C. means • the indivi.dual , or­.enti Ly -'seeki.ng all, addit. anter. t'ainment .1 icense in the City of Fedoral Way. 1). 1 A aZ212 , ru.)IIct, C01,1701 persons means: All partnerrr,11-- s, copoac Officers and directors and any other individuais in tkie applicant s business 017ganizat 'ion who hold a si.gnif icant interest, in the adult entert:ainntont based,,on responsibility for manaqc,,-u-_,-.nt of th(7.- adtilt entertainment bii.,:;I'IICSISI. Er Employee shall mean any and all persons, including zu entertainers, and inclependent contractors who work in or...... render any services directly related to the operation of adult entertainment establishment whieh effers, eoniae__ maintains adult entertainment. ORD # 95- PAGE 3 EXHIBIT___�_ PAGE-3-O"F z9 Entertainer shall mean any person who provides adult Baa. .. a . entertainment whether or not a fee is charged or accepted i ow<r WN entertainment. , Manager shall mean any person who manages, directs, administers, or is in charge of, the affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any plaee effer;-g adult entertainment bstab l.'ishment. H Operator shall mean any person operating, conducting or maintaining an adult entertainment establishment. ${ Panoram or peepshow shall mean an device which, upon ;fix= P P Y .. ....... insertion of a coin or by any other mc►�'ans of uc,i,;r rie�ribesh"i.p' i'c?�� or- citrc exhibits or displays a picture or v A W hr `�.". a: r 4 ,t� , . , +•.a y .. . �vur V i'ew "by "i`i 1i1 ` V.I. or "by �riy other means s'`i`ricl'iid�:iig#�:o}aser�atz,oix abwava.S�aia •fix. .�.. 7. I�c'17roril„1 �)rei.rd.ses means Ei`�ly:•pY:eiii5cs Or., •por. tion, Ur,;rx. )YLyill�:aCAii or, portion 'of '•i• premi ses on whi.c}1i'•`a ;�ianar`aili is l'ocat'ed anid,,Zwh:i ii`°•'ice or)r*r)• to the,-"y)t3bIJ.'c;' Including ',throixgti'�,11ie•mbnrshi�). arieans .any. ..tndi'vi.diT l r :,partnership,:.cdrporat ,i:on'; ( trust” Thcor. poiated,- or unincorporated assoc,i.a,t:i.on,:,-, ma`rita], C7oMPIUMLY, 'jo.lnt^ V'ont.11r"E?, yovc�r-nmr_.ntii: er1t:Y't:y, OT" Ot.}'1C31:',.f?ntltY Ot 4roun"of pe .•.sons, •however. 'organized,. I.. •:Soxa.,a.t rc:�:rehrct: mein:, acts, of ') s'[xilal"' i.me.x-cr.�ursc� 'wit:hirr'4,t's or: iT�'�;r: y .Tr.c�ani.nc ; 'or "(".b) atiy'dortta'r.'t'a"l�'etiaE�err"}per.•' ,oris '.i'rrvow rig'' ° the .;cox;- organ of once' p "'son' `ai'&"':ttic�' :Moutti,':`or_ ';.,anus oi' nothsr;:° ,� or (c)''.111i]stL12'bilt'lUnj''illrlTluill'Ur0'hs-tr:l11idffE,]'I--,o 011'L C?l.'i��.�or: 0 'iOnO perso'ri >by a' ono cher. ;'� ` or` "(d)'"`t`'oucYizngofthe sex ,organs. or.`;•;ani's, ,,-,of= OrIOSelf: or. of once pE?rsotr (Ord. No. 90-55, § 2, 5-1.-90) Cross references) --Definitions and rules of construction generally, § 1-2. Sec. 9-72. Findings of fact. Based on public testimony and other evidence presented to it, the city council makes the following findings of fact: (1) The secondary effects of'':�the activities defined and regulated in this article are detrimental to the public health, safety, morals, and general welfare of the ORD # 95- ,2��-� , PAGE 4 iv, TMMW!IT[iCffl citizens of the city and, therefore, such activities must be regulated. (2) Regulation of the adult entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred. This history of criminal activity in the adult entertainment industry has included rostitution `?1 M1�, t4 �'"w"R*wxxw°x xw.}»'•,+�; p r1 n�giemprfdymen tno,�rs narcotics and alcoholic beve`rige law violations, breaches of the peace;,, tax. evais46rl and the presence within the industry o`f individuals with hidden ownership interests and outstanding arrest warrants. (':3) ;)fir xitn"xty; '2ic�twe, �;ai' eiii erta' 'ni:;r' �Khd+ t & 'x+oii ,du �i;ng, adult, .,,.. a'•, ; 't+%)C,}, L 'c : �.',ti 'ra i'q+:. '1y�n � Y��w,�!'}`4'r,.Y< ' nme�ttdr,om'tc'�s�`cahacw�, �,ee�sXuac:oiii:dt ,r ped stxt'l'it'ibfi`' ;,ind rt l>ai:cd ', r iii ``s. Gcin'cerii "" b0iit:`acr•i'111G y -d' } r `� W �.a' •ye ,� ^ „ ` ti 4 'o-a`-0ryky: a dk ti+ }w �,. ra } , N er endub�:irc`,.s�x�l �� ct�,�rjy.'ax��eegY2��,mitenlr�ripesl�:ny ,i v v i v . a ., t `• : , ^ „�T� fin, c:onc.'c�rn: o ;a:thet�C; ty�'whri.tall'r'dem nd��rea,ot�a!?lc���r,��.�u1:Rtt�'iott 6f"aduIt 'en'Certaini"e' ht- est.abl i.shmeri�"s`'iii oi�d�r t'o prot��c:t: t.11C?, 'piib'].a:r:, Health; safety and 'gcierl.' wcl.ttzre `� The activities described in subseeti sltlisecaion.:� 2 of this section occur, in the 'absence of regzl"at'ion, regardless of whether the adult entertainment is presented in conjunction with the sale of alcoholic beverages. It is necessary to license entertainers in the adult entertainment industry to..prevent the exploitation of minors; to ensure that each such entertainer is an adult and to ensure that such entertainers have not assumed a false name, which would make regulation of the entertainer difficult or impossible. 1:< It is necessary to have a licensed manager on the premises of establishments offering adult entertainment at such times as such establishments are offering adult entertainment so that there will at all necessary times be an individual responsible for the overall operation of the adult entertainment establishment, including the actions of patrons, entertainers and other employees. {}='>' The license fees required in this article are necessary ... as nominal fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the city in regulating the adult entertainment industry. Hidden ownership interests for the purposes of skimming profits and avoiding the payment of taxes have historically occurred in the adult entertainment industry ORD # 95 -Z41 , PAGE 5 T � OF zg_,_ in the absence of regulation. These hidden ownership interests have historically been held by organized and white collar crime elements. In order for the city to effectively protect the public health, safety, morals and general welfare of its citizens ands cffe`ct.iNi( l.y al'l e:)cZ66 ` "tlie `1aia�`<Grtforcc�ment,-X�souc:esit is 'important that city"k�e' fully <���pr'i:sed"`Pthe` actual ownerstlii) of. ,ac�u' A a� I?1l{.Lrtel'i.11lRel'lt: \.efitcls�,i';k3 ZR $ riile�lLiSi'xr"\;•elrld ,.i�y1-G�E�1tt�1,�:.1.0?!.i y :'K\�3iiC� ba`ckgrwildsri''•persons�espon's:ibl`'e r°.fo maiiagemc:nt an + J P a#a( • \ @''Cfr>4 Sr aaa ;c;ont.rcrl;`'0`1 <thc�:adix,Lteiir ,inrii�tlt��'es�� a s a\P�� <a��aaa4a rL\J .. •ih a s .•aaih., a a 9),;T1At'2 ',t}1`C.''' a.J'it`E�11is �Qf:'`` L`a''$ SeAg "i.C:a.C-, 'fo ,.�M,lxl) ]J t?fa;r ;7 CiX S • . • . ` \a • Cry��.� Nh\• t.�rk.i5,arkwra%+�r-o,, • cerl� orr, zany. 'expressi.ve*;actiyv, �s:..pro,tdct,ed. by ;tale First Ainen`dll J"'ii t�,,df �tlie, United ,S iteJ�,C'onst'-Uut,iory ur.,,Ar,t1L'�,E'. 7�'. "J ,,: :aect•i`oK'-5"' bf the, �•Washiiigtoon :, State'' .Cdnstituti.on,. bizt Y�rtYie toy enact, d manner, zeg�ll�lti ons. wilipkl ��ddr. e's's{' tN c:ompe*1>1'i'rJg' a'rJtcrests of the' city •ii rli.ti`gs't'ri rig`= the' ser.'oticiary °*'ey fe`sts of adult entc'rtainmerit establishments. T.n a'11 undercover opfarat.i.'oiz' ";'Jln '1995, ', pp3J c:e: of i icer i entered the -,Deja, V,u•4adult:a'.ent:d t:ai.nment-„rcclztabl-i sh;ncit}t,,;l-n Federad Way, Washingto"h-over an approximately five' (5)� month', perioc9. , Approximatcly,:•�hcyrininai, violations �,aere' chargedafor arts occurr.'ing,'.whi1e',the 'off1cers,were i.nsidc Dr_-ja Vu.Police of f.'i•cers-rep`ea'tedly observed milnager s. i.grlcari.nd criminal. law viol.at•1ons c:ommitt.ed' i.n'si.de ,Deja' Vu, within is :short: distarnc .°., � from -the manager. Managers would look at the •• patrotls/oi:'fi.%r1s >' whi.lc,, c:ri.luinci_1 violations . . were -corlmittedarara, by,.. -.,k tIehe .enter,t a i.ners . l;nt:ertRli.nczr::i' continuously vi.olated,,the : c:dc�ral. Vlraya C:i!ty Code.- ',Mict-e. laiaV'C:' beL•'1'1''' J111111ea UUS ltl'stallces whevFP entertainers masturbate -the,,patrons.•-,,and,, where this antert ainer.i, without: invitatloil, Press 'their vagi11as: 011 the • -genital\ � rarea� `;'And �,mouths:�k;-Of r'. ;patrons; .t , inc itnder-c:bvor. of'f:i.bes a , ..... a a<” a..aa,a , a aaa . a (Ord. No. 90-55, § I, 5-1-90) Sec. 9-73. Penalties. (a) Criminal penalty. Any person violating any of the terms of this article shall be guilty of a misdemeanor and upon conviction thereof, be punished as provided in section 1-13. (b) Civil penalty. In addition to any other penalty provided in this section or by law, any person who violates any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed $250.00 per violation, to be directly assessed by the city clerk. The city clerk, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number ORD #C)�-2,L'J , PAGE 6 SAG OF 2g of past and present violations committed; and the good faith of the violator in attempting to_achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the 'procedure specified under this article. (Ord. No. 90-55, § 15, 5-1-90) Sec. 9-74. Additional enforcement. Notwithstanding the existence or use of any other remedy, the city clerk may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any provision of this article. (Ord. No. 90-55, § 16, 5-1-90) Sec. 9-75. Business hours. No adult entertainment shall be conducted between hours of. 2:00 a.m. and 10:00 a.m. (Ord. No. 90-55, § 10, 5-1-90) - Sec. 9-76. Activities not prohibited. This article shall not be construed to prohibit: (1) Plays, operas, musicals or other dramatic works which are not obscene as defined in section 9-126; (2) Classes, seminars and lectures held for serious scientific or educational purposes; or (3) Exhibitions or dances which are not obscene as defied in S eetien 9-126. n`- 'Whrthar or; , not'. act vi>ty,. As,,.�pbscene• ,hall : be 4. judged by consideration of the' fo`1Jd%4itiq".:xfactors': 1. Whether th'02 .� skaveragpE?' ;son, > •applying cbn,ton. p�orar'.y .. co.^�;iunity '`standards',, ,woiz'1d '`find that ' the-,4'a'ctivity�`-, en aao-'a. whole 'eripeal's btb 'a prurient, i.ntc-!r(--3t • i.n'-,'se' x�pr-and 2. P.he l'.I-ier. the ac.tAvity. depicts or describes in a patently of'J' :nsi.ve, way, ,a's Yaeasured ,3against •�ommuni.ty-�.,Staiidard se xtial conc3uc.i:', i s:'dcccir5:hed in RCW 7, . 0 3. Whether the,' i:ti,�ii:,t'y , t ken ,a .' z , :,who•i E� Lacks <ser iou� Literary, arti'stic;`r::pbliticah :or ,sc'ibht-i,fi:c-.:va1up,. (Ord. iso. 90-55, § 9(D), 5-1-90)' Secs. 9-77--9-8S. Reserved. ORD # 95 PAGE 7 X,H J U �i �i DIVISION 2. ADMINISTRATION* *Cross reference(s)--Administration, ch. 2. See. 9-s6., Notif-ipation ef suspension -r revocation, denial or eivil I-e-n-alty.0 When the denying, city elerk deter -mines that thus eaase fer- suspend-i—j __ EuVeki:REJ time ,upojil . of•the . chi.ef',,of,,,,pbl,i'.e,',.aiid as provided zbelow, suspend,.orrevoke any licell.se issued 'the a eivil helding penalt , eity elerk qh;;Il Y rretify the n sueh lieense under.. tli',islschapter: (a) w .�Orooured •by,, - f. r, and ,-,or,,,­-faJ.se wlid ?i, 6uclf.'Alconse', as - repr'eis'entationr,of factq4or' (2) for to co'luply, with,,, 1:11e &ovisions of tl-i.i's, clialA-er or any -other'similar local"6r'state,'law by, tlf4y-li6ensec,or by any: of..kts scm-.-vant-s,, agents or. - employees when the. Licensee knew'',, or" ­shq uld have -'-known, of the; v.iolettions comma teed 'by i-ts servant,6, agents or emmployees;, or (3)' f6r-the' 'c6rivicti,on of the ,licensua_of: any crime -or f Cense, iliVO I.Vilig, pr'0S'titUt ion promol'..ing pros t.,itu t- i on, --or transcicti,ons„.itivolvi.ng-:coiitrol.].e,d sub.stances'­ (as,, , that . term is defined , in -,. RCW Ar,Uicle, 69.50) cormmi.Ll-ed on the prnmises, or t1le conviction- of any ,of the', 1 icensee I s, servants,• z.iqefits n iny6 in9pr0sti-utionr "pronoting pro'StItutio orr, trinsact.iohs ':i.nvol:viilq",coritrol.led $, -6 l',' 9�. ;` 5,0)" that.",'.'term" "is,,' ' def in'dd','­,An' '. RCW "ALr.tfce- c M, till, on -premises��,,s:w en',�O'thd e isee knew­,or'�,',should," ',have' ,knoin" of -,th4 vidilatio'n's%, committod by' its• servants, hgents,,` or employees. B.- A license procured by fraud or' misrepresentation sliall be revoked . Where other violatiori,.7. of this chapter. or other applicable ordinances, statutes 'or, regulations, are - found, t -.he, xicemse­ sha'l- I ,be suspended- for. - a per YP pp6n - the ',first,, such 'violatian,­,,90,daysupon,.,;-the,second violation, within a'.,24 month ppriod, and revoked,f or, and subsequent -violations within a 24 izionth, peri. , ocj',`_n'ot including periods of GUSj?0f1Si0Jll. ORD PAGE 8 EXH- rl�k� 7, PA. : i'11(? .rl.erlc,,sti 'll:Y;provir�r, ai:. �a�it ten days, pr.ipr.: not—ide to ttie fi�,�'Ge�i��ev,t�f the dPrisi.ont:n .�i�s rt r '' av'a•'d ".ft ' r�vake: the':°`rl"Xccn's .,t ph --%notice'' -shall txi:,t the-Aecisirjn Hear -designated hearing,b `� C. tt±rit .ve -date of'. such , revoca ::;azc;l)r:�ti�;.i c:)rl• il3ici: tli'e ;:gr -runds f:or revocat:i on or susp( by personal service or registered or c(�rt:. i fi nd mail ; 'return receipt requested, of the decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for the denial, suspension,op - revocation er penalty assessment. The shams --due and the denial, suspension or revocation shall become effective ten days from the date the notice is delivered or deemed received unless the person affected thereby files a written request with the city clerk for a hearing .before the hearing exam-i-ner Hearing :;xra�a i Herr" within thin such ten-day period.-{�3rd-:wo-:-90' o:.. :'r �':�-.:.>-1.--�)U•)- '1'l'lc� 1.{('<�'.I']�I1C) �.Xi.lt;l'Il�c'r' ol'" C)L}]e1'" 116a' , sin oha t 1 rezndor its: Ctt?ci si.on wi.ti' in 15 days, follc wing t:.!vd c:1U:r;f? of: ''the'apptmal. l'ic ari.nr.. Any p` orlon iaggri.evC':d by doc°: 1:.1 on of t-.1'1 ("' f1C?r1Y1 aC{ 1tiX ii V.I il(�:" (:)t- C'7'.. ii:!:' ({r2".; iq[I tnC .'loar] ng hody :hallhave the right to appeal the decislon t.c) t'.h(� SLJj) ?-io'r. Court. wi.t:.h.i.n A rlays Of the.. Hearing j I:Y.i'112;11'lf_'','." dec:ision, by writ. Ud (..,ori:.: orori ot- l,.ianc amLis as :-oV,: d('C{ in thee 1�edora 1. Way Code,Ode, :i(. ct i on. 2-.1f32 . ThetThe:': d tc: i si.on of" the clerk shall be St:iayC'.ct C1U17i ::g the pendency (.)i. " ny i,.ldmi n1.st:r at.].ve, and ji'di ci ill. exc:'npt:, n's t' rov i d(: d in Su::):. ect] on E be 1. o% . i:.•.Iihnre thr, Federal Way building ai f i.c:iill, '-ire llrarshall or. t.ho iC.i rzd County Health Depar: t:mont: is 'incl that any condition e.Y. � Sts 11pon ti -ie, pre]llises; of an iadi l.t. entertainment i't;t'.i:bl .:']}11;10?nt: wl'li.C7ll eC)n::;t:l.tut:C?:S a threat of 1.1'::11@acl'Lclt:C i..njury, or damage -to persons or property; •said Uf`f: i.ci al nll�ay. `inra&li�lt.r-'ly suspend any license 1SSLU-id' Lender t:l. c:hanter pending a hearing in. accc,rdance ' with >it1):°i(':Ca'.]C)tl C ai)ove. The offic-ial. shall. ].:esu(:? notice tt: incl f`o 'th the basis for the action and the facts that c..olis,'" i t:ut e a threat of itranediate se?r.'i.oLls injury or damage to persons.; or property, and i.nf'or.11ing the lic:en� t!e of the richt to appoal the suspension to the Hearing H'xram:Lne.r or other designated �-,hear. ing body under the same •appei -1 MX)v.i. ,ion:-, sett forth in `subsection C above, provided,, hov.,cver, that. a-aisponsi on biased on threat of iillmedi.ate 'iCal'1.(7L1 5 111:ju1:'y or s.lial.l. not: bc! st:iayc.(d dur:ing the p('::tldd?nc::y off the appeal. i �,, ORD # 95 -,2`-t , PAGE 9 The eity hearing emaminer is designated te hear appeals by par-t� agg e�oFed-by-aeti-ens-of the eity-elerk in suspending, reveleing: e a-rtiele; The —hearing emamine= may —adept reasenable— rules --er regul-atiens €ems -^~ducting its -business. Eepies-ef sueh rulesand them --freely -aeeessibde 4e }e-publie. All deelsiens and f i ndi ngs _ f the hea--'..-, --ainer shall be rendered, to the appellant in writing (Ord. No. 90-55, § 9:7(B) 5-1-90) Sec. 9-88. Notice of appeal. Any person falling under the provisions of this article may appeal from any notice of suspension, denial or revocation or civil penalty assessment by filing -with the city clerk within ten days from the date the notice is delivered or deemed received, a written appeal containing: (1) A heading in the words: I (Before the Hearing Examiner for the City of Federal Way"; ( 2 ) A caption reading: "'Appeal of It giving the names of all appellants participating in the appeal; ( (3) A brief statement setting forth the legal interest of each of the appellants participating in the appeal; (4) A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant; (5) A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified,or otherwise set aside; (6) The signatures of all parties named as appellants, and their official mailing addresses; and (7) The verification, by declaration under penalty of perjury, of at least one appellant as to the truth of the matters stated in the appeal. (Ord. No. 90-55, § 17(C), 5-1-90) ORD PAGE 10 L� 0 �:' ya / Sec. 9-89. Date, time, place for hearing. As soon as practicable after receiving the written appeal, - the hearing examiner shall fix a date, time, and place for the hearing of the appeal. Such date shall be not less than ten days nor more than 6-9 t-.1-iit'ty. ' (30); days i'rom the daLe Llie appeal was filed with the city clerk.y: unless';.:ilic.:par!!t i s.,.-.ayree .to ai"'i , "C.",n'�aI"- Written - Written notice of the time and place of the }searing sha7-1 be "gveen at least ten days prior to the date of the hearing to each appellant by the hearing examiner's office either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. At the eari-ng the appellant --shall be entAlL-ed to appear material tea the aetien e f the ___ty e er,'_ _ (Ord. No . 90-55, § 37(E) ;17;:`x: -i>', 5-1-90) Sec. 9-91. Scope of matters considered in appeal. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in ( the hearing of the appeal. (Ord. No. 90-55, § 17(F), 5-1-90) Sec. 9-92. Waiver of right to appeal. Failure of any person to file an appeal in accordance with the provisions of this division shall constitute a waiver of his or her right to an administrative hearing and .adjudication of the notice and order, or any portion thereof. (Ord. No. 90-55, § 17(G), 5-1-90) Sec. 9-94. Action after hearing. Upon completion of the hearing, the hearing examiner shall: (1) Aee=ept Affirm the city clerk's reevximendati-eiz—as el;- decision; or (2) Reverse or n;odify tlic'city,cic:r)e!s.dec'i.slozl. Deter -mine aet-ien is was ed; er ORD # 95-241 , PAGE 11 E ' CV F zg (Ord. No. 90-55, § 17(I), 5-1-90) Sec. 9-95. Appeal from hearing examiner. An appeal from a decision of the hearing examiner shall be to the county superior court and shall be served and filed within 30 days of the decision of the hearing examiner. In the event the applicant or license holder does not follow the procedures within the time periods set forth in this division, the action of the hearing examiner shall be final. (Ord. No. 90-55, § 17(J), 5-1-90) Se'c'.; '.9=96. Stay -during'' appeal. int V „J SOii' h• r•E�ri'ew :];�.r:eri�'e ui�de'r,'�;,vth'''s`, Art ic.Jc�r, sh�ix3� she a:s'ta'.y",ad'dtr'zng �dmi`n'istr'hive'h;and;+jud:iyci'a�3 r'ev�:c�w; but-,,refusal-;t+o�; ssu��w-anfix,i-.n tai#al ,>hot° he: ^sr.�i". " , „ . . ._. . Secs. 9-9.6'7---9-105. Reserved. DIVISION 3. LICENSES Sec. 9-106. License for establishment required; fee; expiration. (a) Adult entertainment establishments shall not be operated or maintained in the city unless the owner or lesseet:; has ................... obtained a license from the city clerk, as set 6 I this article. It is unlawful for any entertainer, employee or operator to knowingly work in or about, or to knowingly perform any service directly related to the operation of any unlicensed adult entertainment establishment. (b) The fee for an adult entertainment establishment license in the city as required in this division is $500.00 per year. (Ord. No. 90-55, § 3, 5-1-90) Sec. 9-107. License for managers, entertainers required; fee. No person shall work as a manager or entertainer at an adult entertainment establishment without having first obtained a manager's or an entertainer's license from the city clerk pursuant to sections 9-110(b) and 9-111. The annual fee for such a license shall be $50.00. (Ord. No. 90-55, § 4, 5-1-90) i \ ORD # �}5 -,2.4'� , PAGE 12 G A_rz F; Ct Sec. 9-108. Due date for license fees. (a) The license fee required by section 9-106 is due and payable to the city clerk at least two weeks before the opening of the adult entertainment establishment. (b) The license fee required by sections 9-106 and 9-107 are due and payable to the city clerk before the beginning of such entertainment or beginning employment. (c) Every license issued or renewed pursuant to this article shall expire on December 31 of each year. (d) The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in fult by January 31 of each respective calendar year. (Ord. No. 90-55, § 5, 5-1-90) Sec. 9-109. Renewal of license; late penalty. A late penalty shall be charged on all applications for renewal of a license received later than seven days after the expiration date of such license as set forth in the respective resolution or ordinance establishing the expiration date of such license. The amount of such penalty is fixed as follows: Days Past Due Additional Percentage of License Fees 8--30 25 31--60 50 61 and over 100 (Ord. No. 90-55, 5 6, 5-1-90) Sec. 9-110. License applications. (a) Adult entertainment establishment license. (1')' Rc�cuihd}':' .'Iii'o`r"itiL`att: All applications for an adult ritertainment 1.establishment license -er places whi: effer adult entertainment shall be submitted ORD #-9J-2-41 , PAGE 13 EXHIBIT Sec. 9-108. Due date for license fees. (a) The license fee required by section 9-106 is due and payable to the city clerk at least two weeks before the opening of the adult entertainment establishment. (b) The license fee required by sections 9-106 and 9-107 are due and payable to the city clerk before the beginning of such entertainment or beginning employment. (c) Every license issued or renewed pursuant to this article shall expire on December 31 of each year. (d) The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in fulk by January 31 of each respective calendar year. (Ord. No. 90-55, § 5, 5-1-90) Sec. 9-109. Renewal of license; late penalty. A late penalty shall be charged on all applications for renewal of a license received later than seven days after the expiration date of such. license as set forth.in the respective resolution or ordinance establishing the expiration date of such license. The amount of such penalty.is fixed as follows: Days Past Due Additional Percentage of License Fees 8--30 25 31--60 50 61 and over 100 (Ord. No. 90-55, § 6,.5-1-90) Sec. 9-110. License applications. (a) Adult entertainment establishment license. (:1) "Re4ulked `;-lnfozitiatinYi•:• All applications for an adult eni.er'tia inmerlt ,wI�.'0' ." .w. ".. establishment license €ems—p-�aees:zz shall be submitted t:o„t}te,•c ,&,a ORD PAGE 13 PA_t4 F zg in the name of the person or entity proposing to conduct sueh adult entertainment un the businesspremises and shall be signed 1_)Y SUQI,I­,J.)er soil or his or her agent and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information: (1) The name, heme address, heme telephene number, da and plaee ef birth, and seeial seeurity number ef the applieant if the appileant is an individuai. (2) The business name, address and telephene number ef the establishment—. (3) The names, addresses, telephene numbers, and seeia-l- seeurity nufabers ef any partners, eer-perate effieers and direeters, er ether per-sens whe have management respensibilities in eenneetion with the business, speeifying the management respensibilities of eaeh. (4) Terms ef any leans, leases, seeared transaetiens and repayments therefer relating te the bUS__'n____S. 11C.? nane of , the app p 1J. cant., location an d doing -bus i.ness-a s,,,haxe,� of the. proposed �.-Idikt ishmefit, inCluding a lejal- descripti k� ,A of the".-pr6perty, strr_,et addre'ss'.,,, and telepliane ith the "name ant.] addresv; of .each `owner. an(i of., .the' ProPerty. J). For. , the. appl icafit, for each applidant cuntroL.pei son, provide: Names, any aliases. 4". , or pr-(2vio'us'�.",nar,e-s,,.,;"di�i,v(�r's 'license nuriber,,�,,'ni, ft If any, d a ny, s6 o c i i -I s e, c u"'r' i ty'' n u m. b o. r a i'd husinessi., mallihgl , i ,',residential and business toleph6ne,:'nuntbox. C. If the. applicant is a whothex oeneral or -limited; and if a corporation',''date ;lnd place of incorporation, evidonce that; it i. r; in good standing.. under the laws" .of WN3sI1_J11qton,, and name, and addr-ess of ', any registered aged et: for service of process. d. Por. the app I licarit,)a'nd--�',,,9'.ac'h applicant cdn!:k.Ci1 parson, list any ,,6th" r -licenses curr'eni�l I y I -.,Ajq,Id for similar adult ,entertainment or isexuaU.Sr, oriented. businc-_,sses, Including not -ion pictur.e. ORD #_95-Z41 —, PAGE 14 thea dr's','t.and anLi"�w��uaa ` i1G''tiierti '� +roin`d rix ai`rtp,t:fi'tlty, aurtt< dx , nt� the name:s=;'nd'addr,es^+est of i:,ii'`otiher cons btisi.nes s. pr,i.oc,en�es,�Yie1'cit �idu l't 'cliterta+a.tini�nt'v.}''p Uti�er0 Vi * businesses>; whet'611 r�om�aat}ept:tya. �rri anot}1e;1:.shat=eta?' da g name' ; ?�' addres ' es nd, 'ayes'tof, op ra ai.e4rt, .'buSkneuS'eS;�' cllX1g'�"�►'c',i?�kiw�:Y�G S tJ ?+„ Sw•h•K•;"'w:: ;„ t f•+•,,•R+Y,°RS.,x license adult"' entertaarnncnt' 1'l.c:ense,:ha,s h, been revoked: orh''s'uspendeci,",:fhnd.,',L-het;;rea'soi therefor. i l ort}ie <;:applxcait',;aid;a'11 ';'al?p1:i'catitc,oiiz:o personsy"a"Fl.l'1y%�,,.and 'iii7.�svOjX; ; `�tlil;l.arC.bYYVaC���G1C1:7 b f'orfcitu.res iwitti 1�r :F IAM e�c�ii:;i.iicj�are� �; Itian�gnr'.: voice and''��yyyy,,:���t #a ii.. aN�S�+Ai;,tkI�a^0�2 `Qp;t I4 -a' °+�,• r, a stroomi.. 9 fse�v +4h x as sh � f: `�:ea , y ""� •Y, '4na�Qlt` # •q!�dpa" '' 'n",y�„r}a w y�k,�,L2 rtirir.)sc�c1 ,apli,�• i:he" dr^awz',itg.' •F,,�Ana'pp�l�i'cat 1. i:cetise ':�a % 1 ? adult:melm wh:i: li'" > t'•t';' •• ''^ym.4.a�.'d;}`kr y�A��S:,;,Q•e!t� +*r�t,•'•r�J.`';�a ;c ;i;'r{a:.';h�Slv�Y,�°]•,tkkx0.�•,'�•,., ^.�.a.c;, y•�'Zph:va:,yM n: v•�y;t,fny',a:.N.,.�rw:�..,.^tv,^..:^: v ' ..`. ,�.a^' +`;a ':��.'f14c;,`'a,,tg+�wii:�3<Si7•, ;'$:.f"na•i"�v'. �h.•V?ry.'a' rtr.at^faiidk)nN, ws­v�kinclu�c;bu astablTin�iIrA�tdyNGLrman(. Article. .. .1.. 'nc6;, appI" cation inup t-"',demonstrate,4gpmplii'ance av°�,; x','�^''.': >+'},`iW • .4y W:•. . Dt'• 'Lvt &t•' ,r}:,ia' 'Sy..a.a" r wit.,ht:.iii+?'apXe�vaa:txhso?tiiE�yCXty,�',s;?zoningsadc concern''ingaa'.a:l'lowabl"e4,°�bcti:dns f„ \a�• aafi\^\\lin+,j 4, n as .� }^ .i..'a M. ,4 .i •,� entearta i.nmerit:ki1J. s'hTnents. 1 .",r'1 he deemed: CoMplete upon .the: al�p.l._.cant's p�rovi:sion`'o al#l'n'i,arraation requesti'dabac�v�'.;:. i nc'Iud i.nq i.denti•.f:'+ic6b-jot1', r^of�'ss 11rtone where' ,'that ;»l'X:. � t: Ye cor.''r. eczta r:-esp6n s'e,` anti' 'the appl`i:cant} e'r' 's 'vif icat'ion''.,# fiat a they appl ic�nt,ion .i's'donpX.ete: ,•Thea' Clerk may, regue t .othar or c.lari}ficatiotl'An addition, to `that, provided .n a c:oiiiplete 6ppIldattIbij"101ibre '4iecessary'' tb,,det`eriid.hd • as .a c-c.)mpi .i.anc o with thi..s chapter.. non-refundrabl.e appl. i.cation, fee must bre paid at ' -the ti.me c)1: f il.ing an Tapp] i,cnt.ipn in orC ez- `to defray the? costs' of pr:c:)c:� :;asi.ncf the app:)l.ic:iat.i.ori., ( Eacil app.l.icant shall. 'ver.i.fy,,•, under p)enal.t;: ' of, perjury t the t'1:'or'vtation ',contained ,in t:he application is S. TA, ziny person ar entity acquires, sub::;egcent; to the (.)'I' an F]dul.t•. e9tit.ortiinns ent a st ahl. is -hl caret Iice.rii:;e�, !1 ; C'"11 l.cill"l t. i Mere Wit. based on re.'spani slbll:l.ty for ;il ":11i1Cy.i.'.1•:E?Il t: ar operation of the Licensed prerises or the l icel'lsed business, notice of; such acquisition sha11 be rnr'ovided in Writing,.to thd-City Clerk, no Iat..er -than t:.Y.,ont;y-onca (21) (lays following cinch acquisition. • Irlie not i.ce to the clerk , slial,l. include • t.ho sar."?, information recp.li.red f'.ox' an initial adult entertainment establ.i hmont. .'i.Cclns a 6. I'll(':: ad111.t: eiit.e1:IU. aj nnent List.ah1J.shw,e4rit Lice'. -Ise, if; granted, shill]. state on its face the nallte of thc, person or-.)ersoris to whotu it is i:iswed, the eXpira"Cion date, the cto.i.tlg-business-as merle and the address of the licensed establ.ishliiont. The license shall be postod• in a c:onspi.cuous pl.ace• int or near the entrance to the adult entertainnient establ.i:uh11iC?I'1t t a that it can. be ewsily read at any "'Ume the businbsc , iEga' open.' '' 7. No Ize.r -.;otl granter:] an adult 'entertainilient e stab.1i.shment license pursuant I. -,o this chapter shval.l. opera:te the ORD #-(95-2-41 , PAGE 16 PA7G �q est a k) 1 -iiihment-Lihile name -I lot," spec i f j cd Tior ""th( -,e'"sta1AA.sljp on sha Njjjy,l��persc p q r 4 t Alh_`��I'icbalc c. 10c Lbw, h t,�sgd6jTicid-- on"""\ 'Upoll i.-cceipt,• wil and". -J� r f;.,zr�=, ',�d !cz for. thei t -1 in`�.S'i:` vA , 4" Jq alic] review,,J�p delpermine-c.prop tile opcps,e It 0 pi.- ed, with,thci laws and -reguIatlo"n's which 'administerts. 13ach ;jtwenty,-five, -,,�41,ys `.6f the dinit'c". -'o,,k'.qu.ch aTid shal.). makc­',1`a,`wrAttcn,,t- report'., to' the cl,erk wh6thdr U61i s with ":'�Ehci%­31AWS nt v? e No . 1 inr, ce6; .�.-Ma i:i� s:je(j ujj:j,es6A­,kehclv departiment, reports " that.N% -,:-t:hq comply with t-he,'re. eyant-,'�.Iaws�'.,� applic, J.rl tho event,"%ptli6,� ,preynises, iS�,1'not__Ye4k_- cQn-.,;trl1'ctc&j �.w 4, 6'inp1%i,Sh&c. on Lioir,- roview of t)ic-;,,,-,,draw1.--n' pronflisp.s c'i sul retlion.­ Any zidul-t ch�crtzxinmecht` . i3mitted ifi-t, li pp ..i.ca .1 ('!-,tabl i:iln,.Inllt i7lr)f).0V0d 1'.)1"1 01.- to con-sC.ruction sb'a4,1-,,coj1tc).i.ri a cond i t,i on -uhrlt- the premises !.....;Iy not ()j.)Cn ,, f 6i-,- un't i 3. the preill iinlev; li;.Ivc,� bE%-`C!T'. in-sapected aild'de"63irmizibd t61m)',in substan' ia-1. conformance. 'with the drawings, sub-mit-l-..Cl wit.h th-e application-.-, ,,A oj.' ai ic:o-w.i(-.i underthl ' S I I' c -inds, thLnt, thc� proposed addl.t U Ic --h w.n -e wil aflulent c'stablA, hmwint, hs not confori ofthis chaIALe'r or othcr iaw ill aff-cict i.11 :-he city. 'A r"cou c6onendaticni for denial oshal.l: ite:`tfic pp,]. icah"! In c1aws'. J%rl estabIJ,Anuiewc. j.ic-cnn-;c sl all. bc! by the within 'C.hirty day!-.; of tlici date 0' -;e- ap "0' a conipl6te,,Aicenr ication and fee, unIess. meat c I ork (Ae term i h6s"': Jt hat, the appl,i cant has, f al. 1.c.d to mdet anyof' of this chapter or providc.,,any, i .11l'.. qiii.re�d-unclor. -thi.,-.; or that-th.c. ..c)r,,uat1ory re, al.)JAicant has "Inade cl. false.-2, or faudml.eilt C.)Tl t..I(! j.r.:a4- stat.0111ant of. materia).Llion for is j cmnlso. rillie, clerk not.ify the appl.jcallt withill 5 working (lays bf,,lipplAcation c.-wimlIttal. it ap-pl-i-cal-i-on-Is -i nccmup1c te,: and sihi.i 3. 1 grant an appl i ci-ln t 1 .1; 1:oqucst for -a r,'.zworiixbl.e, exten'sion, of ti-,,c in which to, urovide al.1 for a complet(.'Adconse al..)plicati.101I.. Tf' cl.crk [inds that the. appli(:ant- hasfai`.Led to me.e.t. any of' : t the requiriements, Ifor issuarlClc ot . -an 'adult entertainmonestablishment lAcense, tile c1erk,,slial-i-de"fiy, t. I i ; 11) p 1. i ca t i a i i 1.n w ri t. '1110 arld cite the sipecif.1.6 reasons ther'efor,,,inc1.udfiig applicab.lc law. 1f the clerk fail.r. to isslle� 'or deny thv! liconf5e wi.11---hin thirty days of ORD # 95-Z�j , PAGE 17 M OF z 61 "A. , 4 1 .11`0 A ''. 11 , ,, I` , f" , , I "(, � IICJ 6'6,.nplatc.-�app, ica %ion-,unc r C". !1 tci� ..... ... .... 10, r a pI) (.-Ab I Law t .-a I..o t IC WAS IVS.�; I o 'I i (--en o Vias, n I 6u'qI.Iii- iint I notif.i. ation by � th'a". I V-1 a r) c. that 11a, , :`1 '}:!E'ail' ;;(1011 Led" Ill'.- t"'I [1 10., � (W(I I'ItI'MA Y, t. (I (b) Application for manager or entertainer license. -3 on,. .�,:,No „,as,j,,a,,mangei -aau , it 'on "I' -without' an adult 2. t entertaim-nent -'inanag er or entartainer license from -'the City. 'All appl.i.catib'ns for is mandq'crls or entertainer's license shall be signed by the applicant and notarized or certified to be true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information: +3.+ The applicant's name, home address, home telephone number, date and place of birth, fingerprints taken by King County Departngient Of-' Public Safety at its headquarters or any of 'its pr( names soc'ial s(ici,n.-J,.I,:y number, and any n stage ames or nicknames used in entertaining,— and eemplete fingerprint infermatien as required by the eity eler-I M' +2+ The name and address of each business at which the applicant intends to work as an e -n t e r- t a i (3) The applieant shall present deeumentation that he. lihe C. Docunontation that the app,-'Licant. hay.; attained the ae gage of: +& eighteen yers. Any t,.�W. of the ii following shall be accepted as doc.. ntation of age: A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; •b. An 1 -i. a state i S; -. u (.? d identification card bearing the applicant's photograph and date e -f ' birth; or - iii an of f icial passport issued by the United States of America; iv. an immigi.ation card issu'rad by' the United Stater, of America; or - ORD // 9�-,2,41 , PAGE 18 G r)\) ,,� F z V. ciny,, otliei�,. %x Jdept cat�-'t,qn�_ ha't­,'thQV ;Eo'b6"W d. A comnlete'.statemont 'of ,all c6nvictfciKi applicant 'for any,, - misdemeanor or violations -in this -or.' any,,,. other -city",—, or, state ,,within"f ive• (,5)' years :J ' mme procedlnglthe date of the-­applioation,,; parki.i'ig,"3.violations" - or i nX r a'6tj.ons".: A -CIQ8(1riptJ.on of -the , app'! icei tit activiii es'or services ".to. berendir6a` .f. Two (2) two' inch by' two inch' photo4ra p, applicant, taken within six montlis of thadate of ijj.)T)jj.Crjtj(.)j-j s-.11()W.J.Ijg C)IIIV tll(, full -,face., Cil Author: i7ation for the City, its agents—,and employees to , investigate and , confirrfi,­any r-A-atements sot forth in the appli - ti .. L. ... C(I -Ion (2) "Llie Clerk , inay request additional itif orinati.ons ,.or clari f ication wheri ne:essary to determine coripliance."With this chapter. (3) A ntanager's or an enterCainer's license shall be is,Sped C' by tho clerk withi-n 1.4 days from the date the coyflplrete zq-)pIAc.at%:..Jon and fee are received unless the '.'.clerk determines that the applicant has Tailed to -provide% -any information 'required to be suppl. i. rzid according, to -,,this, chapter, has. made any J.'alse, nii-;lC:'adinq or frandult--!nt stat.ement of, material fact in, the application, or ha's 1`4­iAed, 1-0 Ineet'arly OF t1in requirejuents for- issuance of a. li.cense'under this chapter. T I` the C11.017k determines 'that the applicant, has- fai.led to qualify for the.,',Iicen8e_ applied for, the- clerk shall deny the - application,,' -,"in writ'..irl%j ;ITI(I shall. cite the specific reasons therbf or, including applicable laws.. T. f'. the clork. Ivis fafledto approve or deny an application- for is manaqerls license within 1.0Urtc(.,mi dayes, of" filing of a complete application, the zipplicant 1a;.1y, SUD)Oct to illi othor.- applicable, laws, C."01MIUM-ice work as a irziariager in a duly licensed adult entertilinment: e.stablAshment until notified by the, 'c1erk that the license has been denied, but in no event may.--thc clerk extend the application review time for- more tharv,an additional 20 days. 4 Every adult entertainer shall provide his or. her I , 1 c . I j. exi , , So to the adult entertainment estabi i slim. ent nianager can d%]Aty on the premises prior to his or her. performance. The I shi-"O 1 reta i n the I icenscs C.) t h C! adult ORD PAGE 19 ��o-CAHIBIT fy G E? o c ;2,7--, 13 Y,ava il ab] v, all. dlir i nq husill . f% hours � Of �'- ttk!'' L 0111:0Y Ld'I fillk?111- b -I v, (c) Temporary manager or -entertainer license. (1) A temperary iieense will be i -s -sued -te an entertainer er a manager LI . ef a eempleted applieatien, the required phetegraphs, the neeessary filing fees, a. that an appeint-ment fer has lx�!ofl- 111ado.-The ari,::i&xIt eriturta'inerls 11cens'a v-01all, ,, ..emporgiry. :,A1,j.c on re-eip ,.,o: E cens' �.Ippl ., I (2 a 0 � a I I C] ee' witomat-ical ly'expir&�bn the -du the cornpl. cite'' unlibss''the clotk­ has' fai-led 'to npp,raw.� or, deny the"license apt? 3Jc;atA.6n' in which. C'as' u ii6il'I'viiii 4') 1 d*-,..rC!.IILJ-vC -two Elates a. The date ef the fingerprinti . itment, er, (2) in the event that the fingerprint appeintment is net met, the I i(:t.'Iise be val id tint i 1. the olerk ar)prove-ts ar dcrlies the apPI..::.Cv-t_J 011, or until the f.fiial. determination, of any apI)eal ",C)LI ZI denia I Of flie,zij?131 tcat i6n.. In no event n. ay the, clerk o xterld 4 ! , for iltore than an addfti.onal. -20 ,days. thn tlw: .1 CA -Y-,-"-,l S-' {)- 1: h o --d iit e -of -'I I ik— -Vi-i ­; fli ed --a pp o -i i tm e l'i t. a i id -1'1f3 -r temperary lieenses will: be issued. te that entertainer�yaanaqer.- The entertainer/manager shall be able te app7l-y for a permanent lieense, but the permanent lieense shall issue en after full eenplianee with the applAeatie.. p-e-edure as previded ak. sus eetien (b) ef this seetien. A seeend temp erate_ eense shal:4: net be permitted=. (3) Upen eempletien of- the fingerprinting, assuming all ether - requirements have been met, the tenperary lieense shall em-L'Ire an—A a permanent lieense will be issued. (4) Al --fin erprint=ing shall be dene at Preeinet 5, eeunty pelieer by a designated agent ef the paliee. (5) The eity elerk shall issue the temperary receipt and verifieatien e€ -the applieatien, iieense premptly upe* the infermati required te be in the applieatien, the lleen the fingerprint appeintment has been made to the eity eler-k-. se fee, in a methed and pree€--thaw satisfaeterry (Ord. No. 90-55, S 7(A), (B)(1)--(3), 5-1-90; Ord. No. 92-129, 5 1, 3-17-92) ORD #A_5-zLfI PAGE 20 F -EXHIBIT - GE zI 01zg - Sec. 9-112. Manager on premises. A licensed manager shall be on the premises of an adult entertainment establishment at all times that adult entertainment is being provided. (Ord. No. 90-55, § 8, 5-1-90) Ee_= 9-113. Standards f er denial, suspensien er reveeat nn of adult- entertainment adult—entertai-nment (a) The eity elerk .. ..-w Sec. 9-112. Manager on premises. A licensed manager shall be on the premises of an adult entertainment establishment at all times that adult entertainment is being provided. (Ord. No. 90-55, § 8, 5-1-90) Ee_= 9-113. Standards f er denial, suspensien er reveeat nn of adult- entertainment adult—entertai-nment (a) The eity elerk shall Elenyreveke-er suspend -€enet -mere than-ene year-, determines that statement er given appliea-trear-€er-a-lieense-ar any the adult entertainment --lieensee—er any false- lieense applieant inferma-tien—in a- renewal --e€-a if the eity e'_ rk has --made anvfalsr eennee-tien with an lieensa er v� e, ,tea er- permitted vielatien-e€-any -(-b) The eity e1erk s,ldeny, p-r-a=opsiens of this-art-iel-e. reveke-er- suspend, -€enet more than-ene- yeas; that sueh manager any has ger-Is- -viela-ted-e lieense if the-eity permitted -vielatien e-1__'_€ determines of any of t e-��ea-tie-s-in-een�ree-teen- a�-€ams €r (-e) The eity ele rk shall with tt�e-1-teens deny, reg=e ke-ems- . p ; e a � � - - _ _ eat e -- - -- _ suspend, €ems -n -et mere than ene year, determines that ef this artiele any sueh relating entertainer's entertainer te lieense has vielated entertainer- eenduet if the eity eler-k any ef the pr er has made any ale statement the l Teens = applieatien. -Ne.r -er given -any i false-in€eresat-ie^ in eenneetient Secs. 9-114--9-125. Reserved. DIVISION 4. REGULATIONS The fellewing wards, terms and phrases, - when used in this diyisien, emeept- shall where the have the -mean-i�tgs eentemt-edea aseribed t -e- them -in nd-ieatesa different this seetien Drat-aetivi tv-�a, l mean an aetivity of, , relating te,devete� te, er er the eeneerned-speeifieally eentemperary er preffess eater. ena ,y with _ur _..t dra ORD # 95-2-41 , PAGE 21 EXHIBIT G PAGE Zz OF -Z.1- Gbseene aetivity shall mean an aetivity whieh: TM-.. a whele by - an aver -age per -sen applyi: eentemperary the aetivity appeals a --prurient interest in sem; (2) Applying eentempeEary eemmunity standards, the aetivity i depiets patently effe...­ --presentatiens eft a Ultimate sexual aets, normal er perverted, aetual er simul ted; b. Bmhibitien ef the genitals er genital area; e. Vielent er destruetive sexual aets, ineluding but - net lirdited te human e r- animal mutilatienr dismemberment, rape er terture; Cross reference(s)--Definitions and rules of construction generally, § 1-2. Sec. 9-127. Exception from division. This division does not apply to taverns and premises .:--aintaininq lini.ior licenser, and wl-Lich are subjec"IC to 41 ---he rules and of. 01 --lie Washington Stat.e Liquor, Control Board. (O.,: -d. flo. 90 -SS, S 9(G), 5-1-90) Sec. 9-128. Standards of conduct and operation. The following standards of conduct must be adhered to by employees of any adult. entertainment establishment whieh effers, eenduets er maintains adult entertainment: +4+ No employee or entertainer shall eneeurale er knewingly perfAt any persen upen the premises. te teueh, earess er f endle the breasts, butteeks, ani be unclothed' -or. in such less than opaque and complete attire,,- costume or clothing.' -so as to exgose- to view the female ,-breast below the , top -of;- the. -areoTao-or any p9i7timi-of,"the' n'it'a,.Is.,,,�,.,,,ex,, ,cept.�.up6ii�'-, ,..'stage,�,,�at.,Mdast -above, , the or -level, roW`thn' nearest patron .. .. .... . ORD # 95-Z41 , PAGE 22 EXHIBIT G PAGE 23 OF Na to h all 'costume �'C ' ' '� " ; 1,71 gale employee or`- eve�1"g xor n, If c "d" any 0 U S e. .;cove ;fl,ing• with'_;,patrp'll's '1n.-,,,qpaq[ueh "!Arid t Ili inq , a E;,, d etscrJAQ ny�K4 aiiy t pearr ibly,, cover( -,d, or'we,arotrf imu + No employee or entertainer m"''in' 'I with th iifi�" 2+ g j.ng PaU. shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva e genitals, anus,— buttocks or any per-tien ef pubie haiiF. ..... . ... +3+ 34-'�- No employee or entertainer shall f. oxiai'6 '.or. at-ot 1 Ca 1. - ly No employer,>or ;P &P n entertailier !:;lial'l'�,ejic-ourage',kqr,,,,,porr-ii.t any patron;tp couch ,,arty employeqqpj on-tainc tex. u. pei% rih---z�01— .-WhIth. siiaulate. -{4+ No employee or entertainer shall have their breasts belei the tep ef the areela, er any pertien of the pubie hair, vul er genitals, anus andjei- butteeks expesed te view emeept up-Effi a stage at least 18 inehes abeve the -immediate fleer level and remeved at least sim feet frem the nearest patren.- patron's, Utp oz: sepa.rato a patron's, +F5+ r No employee or entertainer shall porfom, actual or simulated acts of sexual, conduc'.t as defined in this '' chapter, or , any act which Constitutes a , violation.' -of I. RCW 7.48A, the Washington Moral Nuisapces.-­Statutc,. -(-6+ No employee or entertainer shall remain in er upen the adult entertainment establishment whe empes ORD PAGE 23 EXHIBIT Cv DACE24®F 2 c? a. Se�fuagz intereeurse, ffiastarbatien, sedeffty, bestiality., eral eepulatien, flagellatien er any sexual: aets whieh are prehibiteel by I:aiF,- b. The teuehing, earessing er fendling ef the breasts, butteeks er genic talst er e. The displaying ef the pubie hair, vulva e-r- efenitals, anus previded fer and seetien in sabseetien 9-76(4�. and/er butteeks; (4) of this emeept seetien as- -{4+ No employee or entertainer shall have their breasts belei the tep ef the areela, er any pertien of the pubie hair, vul er genitals, anus andjei- butteeks expesed te view emeept up-Effi a stage at least 18 inehes abeve the -immediate fleer level and remeved at least sim feet frem the nearest patren.- patron's, Utp oz: sepa.rato a patron's, +F5+ r No employee or entertainer shall porfom, actual or simulated acts of sexual, conduc'.t as defined in this '' chapter, or , any act which Constitutes a , violation.' -of I. RCW 7.48A, the Washington Moral Nuisapces.-­Statutc,. -(-6+ No employee or entertainer shall remain in er upen the adult entertainment establishment whe empes ORD PAGE 23 EXHIBIT Cv DACE24®F 2 c? Cer anus emeept as empressil prewdea—few—In rlliri(]ling wi.tta'.�..pat r.on ...;hall. ..... conduct li(:!1:•.l:cir.•riance. cir �?xhi.bi.ti.on•'in or abo,l ai i c��a oi"the {N•.adtX]. eviterta inment,, 6 irn.lc:t;s� t.l+it darice`V per.formanre 'ori;" i.)e-f`orned" �a• a.';tor'so-to-torso d is gr c than 'four.••-'(al)',,,f:cet`,fr.om'the patron',,,, x 1~'110111 dance, "performance or exhibit•ioti<;; 7. No t:.i.la or gratuity' offered., to or a ccc!pte_d: '.,bX ,,�;6iri' �'u�Vb e. nt:c t r-taa i ner may' be • of fered ' or aac::c:epted •,.;pnxior: '� o affray por-f:ormaarice, dance' ' or. exhibition�,�rovic�eds� �?�;th�c± i reiter•t:.a9 i rtc.'.r.. No .cnte:rta,iner • per: -.f orut.i.rlg,-upon' any�tage, as reel sliaa 1.1 be ' permit:ted ` to accept any <7Fr T" 4�i i • 1N'�� ik 1• cat:i'rrc:rd (.1i.r.•c�ct'ly to.<rtho.,�entertainctr, by any,-.,p;.trow..j Any (Watt:ui t:y offered to::•any` entertainer performi:nq' up'oiz1gany.. :;t;aiclr:: a1r. ezi l;iu(:it be pliacecl into a r eceptai,cle provide4f6t? .r oc o i pt. of. 'zgra3tuiti:es•, by the adult •' .en ex t'a�illii}ei�t i.:sh-iiiunt, or provided , through a m<anaige.r ,:on~,dui:yx�oti tho promises. Any gratuity or ti.p of-Ter,ed, totik�ny�"ac3u'i:i coxiduuting aany pep: i'orma.ilice, ,da:angeq',,.­ or in or about: the non-s;taige area of••,'the�'radult rlr.c r La.c.i riinr.�nt:, c::sta bli.shment:::,ha.l'.1 be LIac'ed into the',lhaand of is}i!:' ii(hi l.t. entertainer or into ai r(:2c(:G }.)i r.clf.?'provi.diLCd. by 4y „ ft.... llt or:t: a j l'ler', aal'id 1'1OL. 111. on Lho poi-san or into t,l �� clot.] ! . " tile ;.idol t (1ntert'ai (Ord. t.c>. :,:), 5 )(::) (t)--((,)'), `>-1-.)o) Sec. 9-129. List of entertainments, fees. There shall be posted and conspicuously displayed in the common areas of each place offering adult entertainment a list of any and all entertainment provided on the premises. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed. (Ord. No. 90-55, 5 9(A)(7), 5-1-90) Sec. 9-130. Physical layout of premises; sight obstructions. Every place offering adult entertainment shall be physically arranged in such a manner that: (1) a erfot:iiliarlce area. The perl.'or:la,ancu gat: -era where adult C..T.nte t:ai iii-.ent as described in Sectioli 9.71..A.1 is prov.i.ctec•.l sha:al.l. be at stage or hlatf:or-m at least eighteen (18) inclies in elevation above the level of the patron s;eat:.ind areas, and shall be separated by a distance of at. c.�ight. (a) feet., from a].1 areas of the •prei-i1ises'�td which patrons have access. A continuous r. ai 1. xkJ three to f.'iw? f."(; nt. in height above t.hc.� floor and loc:;.ted ait 1east. ORD # 96-Z41 , PAGE 24 EXHIBIT G a GE z5 OF zcl eicxtit� ; a'tromoa114,6,po Ints, ,tae 'e ,..r`. ..,.r•,i:..-. r ,•tr„tu.';au. owra.etc^n_w•.vcarw.;Baa;mrxrrwv+mmau:crRau«N:,ro...«vra:aea.,maerauc••a,artw,t„a:,< ., cies ;•, stalls whereinr. ion of the ......__......... area �.',�•w�,',1'iie•',',:arage: and the entire inter�.or po Aest'h'S4 cubicles,' rooms or sta adult entertainment is provided �s� u '`'�b visible from the 410, common areas of the premises n h..l:e'aSt:1,0i10'�.ni�i 'on. Visibility shall nock t be bloed 'ora oli �e'r'eci R.H. by doors, curtains, drapes,- or any other obstruction whatsoever. (2) No activity or entertainment occurring on the premises shall be visible at any time from any other public place. - •• .. .... ( Sec. 9-132. Notice to customers. t l A sign shall be conspicuously displayed in a common area of the premises which shall read as follows: This adult entertainment establishment is regulated by the city. Entertainers are: a. Net permitted te engage ±n any sexual eenduet; A. NOT 'PER'MIT`1'EM TO EINGAGE, IN, ANY, TYP,i-.'OF SEXJMh`,,CUNDUc'I' b. Net permitted to expese their breasts be, e the +.,.p a- stage at least 18ine h es f rem --the immediate -er- leve -- and reiR6ved at least six feet frvic}h-e B. NOT PLIMITIT'D TO APPEAR SEM1'-NUDE OR NUDE, EMP'.l.' ON STAGE • pe-rtion of a--€e'e frem-a—patren fier- entertainment C. NOT, PERMITTED TO 'ACCi;:PT •�- TIPS OR GRATU,1TjES.: ZN ADVANCE 6F THEIR PERFORMANCE �. ORD # 95 -z4 -f , PAGE 25 EXHIBI 6 A D. ,NO' (Ord. No. 90-5b, ,§' 9 (A) '(10) sec. 9-133. Additional requirements for peepshows. The following additional requirements must be adhered to at any panoram or peepshow: (1) The interior of the panoram or peepshow premises shall be arranged in such a manner as to insure that customers are fully visible from the waist down, and all persons viewing such panoram pictures shall be visible from the entrance to such premises. (2) The licensee shall not permit any doors to public areas on the premises.to be locked during business hours. (3) Any room or area on such premises shall be readily accessible at all times for inspection by any -law enforcement officer or license inspector. (4) Tnn lly Suffic:i.ont lighting sla�all. be provided in -and .'a .-.:. .:...- iul€l dirsi:r"ilarai:c�cl in all and. aboutthe pax. -t,; of' the ........:.....:..... s ....... preml.es tyre--publis at all tirfles when the p6f'ieram is to is epen therein. or when, per-mitted enter wj1ii::1a are open to patrons. r.o glia t. all er remain objects are, p1(,r i.n.ly a; t: Cal.l. i rug:-, and so that an any parr. t. c.af' tlii which is opon to patrons, as proq arm, nr_.nu or 'List printed In 8 point: type will be reaadablci by the litn.la n with 20/27 �•i:;'ican �'rc� i.wo font away. (Ord. No. 50-55, g 9(B), 5-1-90) Sec. 9-134. Additional requirements for adult entertainment establishments. At any adult entertainment establishment which effers, eenMets, ei= maintains adult entertainment, the following are required: (1) Admission must be restricted to persons of the age of 18 years or more. (2) or No adult entert<a.amiuo.nt s.hal.l. be Visible outai.de of thea adu1t entert ai.nmerit estiablAsliment, nor any ptiot:.oc_lr<ahtr, caraawi.nd, ,ketch or other pictorial or graphic representation '-heree- Elisp-laying a -nye -Tien e -f— the --breasts --belew the ep ef , genitals and/er anus may be visible eutside ef the adult entertainment which includes ORD # 95-,24 l , PAGE 26 EXHIWI G PU 27 ®F?2 rr�:••'�,•�,•r.rvr�r,•' S`n.}W griina��.��'pppt��,t,�1%r dni• xarned' i'♦n >TtC��Wrr{7 1 i3 A r s c� f3 i}}� •'a<N'dY0. •42+`V" � }, V�.>i'Rx•\x 4,r�Y , ::sc.�tii`a']L, �ate'�a.a°, 1j arx.ol�at3,nn ,a]: l(Z^W ,� . RC+.; .N rY....: A1.��Em.rh.; .,��i• • :..•.,.,,: �: f .:.C'�ri�• ;'�`h.'. a:.75�3.. Y� 5. �,d •+&N,e. _ _ (3) Sufficient lighting shall be provided in andWhic about the parts of the premises are open patso that all. oI)jects, are plainly visible at al]. times anc� r,. .ri,•,. r < ••, r+r 2u.��M"""^��'i ,i. .. .. ,+y c,.�.,,. are•rvwMY4 2:, i�i^,�,' ally, , `�'<]117t. ~si��{;��Y�m:l:ilL�S'<.�r,Wll] Ctl b'L'':�{ �<, Op,�• �o �5� �g11�t�� � � 1- Grp am mhnor` �1':, Nprx'ni:ed yin;€�8,><�poi< ter a ;k�r� i_=e'a iab`b�py;c� man w;h`'�?n/'2rY`v:1 n •e. �i atJlBS i ,, w'4rIbt."1 .•.,War :?:awr ,wv a, ash, f S II Sta u } Sx r6,r away. (Ord. No. 90-55, § 9(C), 5-1-90) Secs. 9-135--9-155. Reserved. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of 1995. CITY.OF FEDERAL WAY '7�1,,,, (,"-' A A�,) MAY?A, MPY E. GATE �. ORD # 95 -241 , PAGE 27 i TTEST: A7 CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED •FORM: FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE.DATE: ORDINANCE NO. 95-241 K\0RDIN\ADUIT.ENT ORD 95-241 , PAGE 28 07/25/95 08/15/95 08/19/95 bL, -,084-5- PAGE z9 ?a- SURVEY OF ADULT ENTERTAINMENT SITES IN KING COUNTY SETBACKS FROM: JURISDICT'N EXISTING ADULT USES: (1) ZONING WHERE PERMITTED: RESID- ENTIAL ZONES: OTHER ADULT USES: SENSITIVE USES: (2) B V P D * Moratorium for all new adult entertainment businesses is in place P S D C ** Moritorium for new live adult entertainment businesses is in place Algona (2) Sensitive Uses (1) Types of Adult Uses P - Parks Auburn 0 0 0 0 C-3, M-1, M-2 1000' 1000' 1000' 1000' 1000' 1000' Beaux Arts D - Dance Establishments No Commercial Zoning Within City EXn' Bellevue 4 0 0 0 Downtown, OLB, CB 660' 660' 660' 660' 660' 660' Black Diamond 0 0 0 0 Lt I/C 1000' if request through CUP 1000' 1000' if request through CUP I 1000' if request through CUP 1000' if request through CUP 1000' if request through CUP Bothell Burien* 0 0 0 0 660' 660' 660' 660' 660' 660' Carnation 0 0 0 0 Lt 1 0 0 500' 600' 600' 600' Clyde Hill No Commercial Zoning Within City Covington Des Moines 0 0 0 0 Highway Com 0 0 0 0 0 0 Duvall Enumclaw Federal Way 0 2 0 1 CC, CCF 1000' 1 1000' 1 1000' 1 1000' 1000' 1000' Hunt's Point No Commercial Zoning Within City Issaquah 0 0 0 0 IC 500' one per site 500' 500' 500' 500' Kenmore* 1 CB, RB, O 660' 660' 660' 660' 660' 660' Kent Kirkland 0 0 0 0 BC, CBD 1500' 1500' 1500' 1500' 1500' 1500' Lake Forest Park 0 0 0 0 BC 660' 660' 660' 660' 660' 660' Maple Valley* 0 0 0 0 Regulations under development Medina No Commercial Zoning Within City Mercer Island 0 0 0 0 Twn Cntr, Mid 0 0 0 0 0 0 O * Moratorium for all new adult entertainment businesses is in place ** Moritorium for new live adult entertainment businesses is in place (2) Sensitive Uses (1) Types of Adult Uses P - Parks B - Bookstores S - Schools V - Video Arcades D - Daycare Facilities P - Panorams or Viewing Arcades C - Churches D - Dance Establishments EXn' L'�kDULMInS.DOC 'I* 7- PAGE - sr-nrn imn OV Milton 0 0 10 0 B 1kN DE 6OV 1000' 1000' 1000' Newcastle 0 0 0 0 Normandy Park SETBACKS FROM: EXISTING ZONING RESID- OTHER SENSITIVE USES: (2) JURISDCT'N ADULT USES: WHERE ENTIAL ADULT (1) PERMITTED: ZONES: USES: North Bend 0 0 0 0 Downtown 0 1 mile 300' 300' 300' 300' Commercial Pacific* 0 0 0 0 Regulations .under development Redmond 0 0 0 0 BC, PA, BP, I, 825' 825' 825' 825' 825' MP Renton 4 0 0 0 CO, CS, CA, 1000' 0 1000' 1000' 0 1000' CD, CO, IL, IM, IH Seattle"* ? ? ? ? Dntwn R, 0 0 0 0 0 0 Dntwn O-1, Dntwn O-2 SeaTac Shoreline 0 3 0 1 RB 400' 400' 400' 400' 400' 400' Skykomish Snoqualmie 0 0 0 0 Community 0. 0 0 0 0 0 Retail, Office Park, Planned C/I Tukwila 0 0 0 2 C/Ll, TVS, Ll, 1000' 1000' 1000' .5 mile .5 mile 1000' HI, MIC/L, MIC/H Woodinville Yarrow Point No commercial zoning within city King County` 2 CB,RB,O 660' 660' 1 660' 1 660' 1 660' 660' * Moratorium for all new adult entertainment businesses is in place ** Moritorium for new live adult entertainment businesses is in place (2) (I) Types of Adult Uses B - Bookstores V - Video Arcades P - Panorams or Viewing Arcades D - Dance Establishments L:WDULT TES.DOC Sensitive Uses P - Parks S - Schools D - Daycare Facilities C - Churches EX"HAB1T STUDIES OF SECONDARY IMPACTS OF ADULT ENTERTAINMENT 1. A Report on Zoning and Other Methods Regulating Adult Entertainment in Amarillo; Amarillo, Texas (September 1977) 2. A Study on the Need to Regulate the Location of Adult Entertainment Uses; Bellevue, Washington (September 1987) 3. Adult Entertainment Business in Indianapolis, Indiana (1984) 4. Adult Entertainment Study; City of New York (November 1994) 5. City of Kent Adult Use Zoning Study; Kent, Washington (November 1982) 6. Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard; Garden Grove, California (October 199 1) 7. Regulation of Adult Entertainment Establishments in New Hanover County; North Carolina (July 1989) 8. Relation of Criminal Activity and Adult Businesses; City of Phoenix (May 1979) 9. Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area; New York, NY (April 1994) 10. Report of the Attorney General's Working broup on the Regulation of Sexually Oriented Businesses, Minnesota (June 1989) 11. Report on Adult Oriented Businesses in Austin; Austin, Texas (May 1986) 12. Study & Recommendations for Adult Entertainment Businesses in the Town of Islip; Islip, New York (September 1980) 13. Study on the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles; Los Angeles, California (June 1977) 14. Zoning and Adult Amusement; Albuquerque, New Mexico (May 1995) PAGE_I-OF--'--- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REVISING AND ADDING DEFINITIONS FOR ADULT ENTERTAINMENT ACTIVITY OR USES, REVISING DISTANCE SEPARATION REQUIREMENTS,AND ADDING AMORTIZATION PROVISIONS TO CHAPTER 22, ZONING. WHEREAS, the Federal Way City Council is committed to protecting the general welfare of the City through the enforcement of laws prohibiting obscenity, indecency, and sexual offenses while preserving constitutionally protected forms of expression; and WHEREAS, the City has made a detailed review of the national record, including studies from the cities of New York, Indianapolis, and Los Angeles, the police records of various cities, and court decisions regarding adult entertainment, activity, retail, or use. The City Council finds that adult entertainment, activity, retail, or use require special supervision from the public safety agencies in order to protect and preserve the health, safety, and welfare of the patrons and employees of said businesses as well as the citizens of the City; and WHEREAS, the City Council finds that concerns about crime and public sexual activity generated and/or occurring within or nearby the adult entertainment, activity, retail, or use are legitimate, substantial, and compelling concerns of the City which demand reasonable regulation; and WHEREAS, the City Council finds that adult entertainment, activity, retail, or use, due to their nature, have secondary adverse impacts upon the health, safety, and welfare of the citizenry through increases in crime and opportunity for spread of sexually transmitted diseases; and ORD # , PAGE 1 EXHIBIT J PACE OF.4p WHEREAS, there is convincing documented evidence that adult entertainment, activity, retail, or use have a detrimental effect on both the existing businesses around them and the surrounding residential and commercial areas adjacent to them, causing increased crime, the downgrading of quality of life and property values and the spread of urban blight. Reasonable regulation of the location of these facilities will provide for the protection of the community, protect residents, patrons, and employees from the adverse secondary effects of such retail facilities; and WHEREAS, the City recognizes that adult entertainment, activity, retail, or use, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods, day care centers, religious facilities, public parks, libraries, schools, and other adult entertainment, activity, retail, or use, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the uses are minimized; and WHEREAS, this ordinance is intended to protect the general public health, safety, and welfare of the citizenry of the City through the regulation of the location of adult entertainment, activity, retail, or use. The regulations set forth herein are intended to control health, safety, and welfare issues, the decline in neighborhood conditions in and around adult retail uses, and to isolate dangerous and unlawful conduct associated with these facilities, and ORD # , PAGE 2 EXHIBIT PAGE a �F_.�.° -. WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment to the United States Constitution, or Article 1, Section 5 of the Washington State Constitution, but to enact content neutral legislation which addresses the negative secondary impacts of adult entertainment, activity, retail, or use; and WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal law prohibits the distribution of obscene materials; and WHEREAS the Federal Way Planning Commission, having considered the proposal at public hearings during 1998, pursuant to Federal Way City Code (FWCC) Section 22-30, and all public notices having been duly given pursuant to FWCC Section 22-528; and WHEREAS the public was given opportunities to comment on the proposal during the Planning Commission review; and WHEREAS the City of Federal Way SEPA responsible official issued a Declaration of Nonsignificance on December 17, 1998; and WHEREAS following the public hearing, the Planning Commission submitted to the Land Use/Transportation Committee of the City Council its recommendation in favor of the proposal, adding sections to the FWCC as noted; and WHEREAS the Land Use/Transportation Committee of the City Council met to consider the recommendation of the Planning Commission and has moved to forward the proposal, with amendments, to the full City Council; and ORD # , PAGE 3 EUBIT PAGE 3 O F_ a WHEREAS there was sufficient opportunity for the public to comment on the proposal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the proposal and the proposed amendments to the FWCC: 1. The Federal Way SEPA responsible official has issued a Declaration of Nonsignificance on December 17, 1998; and 2. The proposed code amendments would not adversely affect the public health, safety, or welfare; and 3. The Planning Commission, following notice thereof as required by RCW 35A.63.070,held a public hearing on the proposed amendments and has considered the testimony, written comments, and material from the public by and through said hearing. Section 2. Conclusions. Pursuant to FWCC Section 22-216, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: The proposal is consistent with the City of Federal Way Comprehensive Plan (FWCP) purposes, goals, and polices: ORD # , PAGE 4 EXHIBIT ~- 0 FWCP Pg VII -1 "Create an identifiable downtown that is the social and economic focus of the City." FWCP Pg VII -I "Establishment of an urban center that is a vibrant, unique and attractive place to work." FWCP CCG5 "Encourage a mix of compatible uses to maintain a lively, attractive, and safe place to live, work and visit." 2. The proposal bears a substantial relationship to the public health, safety, and welfare. 3. Zoning and text amendment criteria under FWCC Section 22-523 are met. Section 3. Amendment. The FWCC, Chapter 22, Zoning, is amended as set forth in EXHIBIT Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD # , PAGE 5 EXHIBIT J PIAG E .15-- QF..... .,... Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 1998. ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: L\DOCUMENT\ADULTWDULTORD. WPD ORD # , PAGE 6 CITY OF FEDERAL WAY MAYOR, RON GINTZ EXHIBIT J ..._ PAG E� 4F.,...!.a.... EXHIBIT A Chapter 22 of the Federal Way City Code is hereby amended as follows. A. Sec. 22-1, Definitions, of Chapter 22 is amended as follows: Adult entertainment, activity, retail, or use shall mean all of the following: (1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified "sexual activities" or "specified anatomical areas" (defined as follows below) for observation by patrons therein and which excludes minors by virtue of age. (3) (2) Adult eabareE entertainment shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined below) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in section 9-71(A) and (B) of the FWCC. (D Panarama and peepshow shall mean as defined in section 9-71(I) and (J) of the FWCC. Adult retail shall mean a retail establishment which, for money or any other form of consideration, either: EXHIBIT J FAG E.? OF to - ----------- • -" i 10-0 is i • : i • i i i i -" __ i i iii n i _ • i i- :•" i•_ _ _ � i _�__ i i i i _ _ EMPM i i _ _ _ i :. _ _ : _ • __ i : _ i•. i _ _ : _ _ i _ : _ __ i _ _ i.......... (3) (2) Adult eabareE entertainment shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined below) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in section 9-71(A) and (B) of the FWCC. (D Panarama and peepshow shall mean as defined in section 9-71(I) and (J) of the FWCC. Adult retail shall mean a retail establishment which, for money or any other form of consideration, either: EXHIBIT J FAG E.? OF to - 2 a. Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult oriented merchandise; or, b. Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or for viewing or use, off the premises, any adult oriented merchandise. Adult oriented merchandise shall mean any Foods, products, commodities, or other wares, including but not limited to, videos, CD Rom's, DVD's, magazines, books, pamphlets, posters, cards, periodicals, or non -clothing novelties which depict, describe, or simulate specified anatomical areas or specified sexual activities (defined below). Specified anatomical areas shall mean the following: a. Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Snecifred sexual activities shall mean anv of the following: a. Human genitals in a state of sexual stimulation or arousal: b. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality, or c. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed, of oneself or of one person by another. Activities and uses defined as adult entertainment, activity, retail, or use are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. B. The Special Regulations and Notes of Use Zone Chart (CC -C) (Sec. 22-794, Adult entertainment, etc,) of Chapter 22 are amended as shown in Attachment 1. C. The Special Regulations and Notes of Use Zone Chart (CC -F) (Sec. 22-806, Adult entertainment, etc,) of Chapter 22 are amended as shown in Attachment 2. D. The following section shall be added to Chapter 22: Sec. 22-338.2. Nonconforming adult entertainment, activity, retail, or use. Any nonconforming adult entertainment, activity, use, or retail use located within the city limits on the effective date of this code provision, March ..., 1999, which does not conform to Sections 22- 794 and 22-806 shall be terminated within one year. 1 ADOCUMENTWDULrADULTEXA. W PD EXHIBIT - PAG Er.OF%. O OD W = N y N U � � G o o c -ou .. "> >o'S o c - o =� m Q ea a O 2 b 'E v Tb a v m v v o a t o v t v u r v c m =, o m u> c v U O C C) >> c° A E v N c z u Wo 'C u c > E° o 'tl w '9 W o u` u � � t •v _ o v a w U °' 3 u u ._. W ro 3 o p r.i H o aui t v 'ev p o V Z 0 U vv _GuID N Im 3 U o 3 EF s v� c E. a 12. u a .0 3 n N W n. v o C s •• o 0 o u °' �, o c ...c H m >. a c v u C4 y y ttl •p E ID _ E U n d o w .-. o y m o` '� oa o m C> v; c C o W -o y o m c o c 's u c u e0 o a Ev '� h rm o a v E u u o =° v u c �Fu. ' Eo=o E cui o v 2 = N 7 W ` u 6 a C T ue E o m `v u E y 39��vuAm2_��aHm�=occu° H 'C O F C Z A �" O O O f0 0 SHOVdS 9MINdVd c x cimnoax woo C, 0 z HNI] L3RN LS > N m o 30 ZHM14 o ' $ F u• d M t>tl S] d H Elu y)ry (4oea) HalS .LNONH � v N VI CA PL y Lu HZIS lo"I z O o z � a u SS9301Id MHIA32I w aHianaHx g_- u> 0 c, r N N 1V o a I SNOI.LV,If103i1 EXHIBIT --3- PAGE. o 4F._.,% u � H u W u L O C C rJ Y O u C° vi U 0 Z 3 0 0 •$ c u B H N 'S ^ r,� a� U o `O u ` u N v u a .. w u u •� o $ ZO S v S O N u O L S S �' •:. O C r W I� u ,Y., .+ Z U,, It y a .c .�Y. o c o 'x � a .S o. t o o w .E = x• y Y Q. o c .Q S O Y Y Q U A O Q N b E '_^ ,Aa • c ,_ y o v � .. Q� ,to_n o a m e� q X .y Y E 'T�.y .$ v c -' U a U o ry Y sq q a a ,> j.0 o u 0.Ell to u S3 W E a m A cE °°D Yv W t o z a. U g u •rrY. v m i o3 ^3 c c ^' H e ^oT. o A v >, y W � w o3s: vol __ > vyvv g E eo a '0 3 $ o '^� x w�« m '� a >: m u u e .'o E� T c •� N c a o A w 5 o o c w o• € 3 A m w. .= E u o `" c w y = v K m 3 u o AF 5.2 YY Y> A E„Y �•yw o����t �FF�w� �o-°.❑°.c°�oG r _ A v c >Z •�N M � o F V S3JVdS'JNI?IIIVd cd � a31�na3x v ° o o` dd o A z 31I UDAILLS N 301H9I3H WIIWIXVW A v '� 0 F — > Pn > M A� N � 2IV32I o LZ q (4c)ea) 3QIS o ^ N 0 zw 1NOli3 N .Y. >` N u 3ZIS 10'1 Y Ya N a z y SS330Nd M3IA31I H Y o v v _o F” .Y. A -ern >? Y q r Y 'T � QvAY a EXHIBIT --3- PAGE. o 4F._.,% Studies of Secondary Impacts of Adult Entertainment Retail and Other Uses ADULT ENTERTAINMENT BUSINESSES IN i, INDIANAPOLIS f AN ANALYSIS 1 J; t, a I 'XHIBIT E -S RETURN TO: APA 1313 E. 60TH ST. CHICAGO, IL 60637 0170 Adult Entertainment Uses -Studies Adult Entertainment Businesses in Indianapolis DATE 1984 I.D. NO. 43 COPY Ol 2 0 COPY 0 0 0 0 Study A Exhibit 1 #3 r I SUMMARY AND RECOMMENDATIONS SUMMARY AND RECOMMENDATIONS During the past ten years, Indianapolis has experienced a signi- ficanc growth in the number and variety of adult entertainment businesses located in its jurisdiction. An adult- entertainment business, for the purposes of this study, is an establishment which primarily features sexually stimulating material or per- formances. As of mid -1983 there were sixty-eight such businesses operating in this City. They were located at forty-three separate sites. The proliferation of these businesses heightened the community's awareness of their existence and resulted in numerous requests that the City control their presence. Beyond the moral objections raised by many citizens, it was also alleged that such businesses had a detrimental effect on property values and contributed to high crime rates where they were located. The Indianapolis Division of Planning undertook this study in j July of 1983. Of the existing adult entertainment sites, the 1 study examined six representative locations ( the Study Area ) and the presence - or lack thereof - of certain relevant condi- tions therein. It then compared these sites with six physically I similar locations ( the Control Area ) containing no adult en- tertainment business. Both groups of sites were compared with the City as a whole. Because of their importance to the public welfare of the commun- ity, the study examined the factors of crime incidence during the period 1978 - 1982 and real estate value appreciation from 1979 - 1982. In support of limited real estate data on a small area level, the City collaborated with Indiana University in a national survey of real estate appraisers to develop a "best pro- fessional opinion" as to the effect of adult entertainment busi- nesses on surrounding real estate values. As discussed in Appendix 111 of this report, case law has firmly established the legal and constitutional basis for control of the use of land within their jurisdiction by states and municipalities in order to safeguard "the public health, safety, morals and gen- eral welfare of their citizens". The "public welfare". in this context, embraces the stabilization of property values and the promotion of desirable home surroundings. On the other hand, case law has also upheld the right of this business sector to operate in the community under the First and Fourteenth Ammend- ments of the Constitution. In establishing an empiric base to determine whether controls were warranted in order to direct the location of these businesses, analyses of the data showed: INTRODUCTION As is the case in most large cities, Indianapolis has experienced a rapid growth in the number and variety of adult entertainment businesses over the past ten years. As of June, 1983 there were sixty-eight such businesses located singly and in clusters through- out Marion County. For the purpose of this study, the term "adult entertainment 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 mini motion picture theaters and arcades, adult entertainment arcades and adult ser- vice establishments. These enterprises have posed a particular problem due, in part, to the moral implications attendant upon such businesses in the minds of many members of the community. While this is, perhaps, the view of the majority, case law on the subject has clearly established that the exclusion of such businesses from a community is an in- fringement of First Amendment rights. The proliferation of such businesses providing various forms of adult entertainment in Mar- ion County has exacerbated this di lemma. and given rise to addition- al charges of negative impacts on neighborhoods in proximity to thei r location. Through the use of their zoning power, cities have within the past half century directed the physical growth of communities in order to assure a harmonio-is blend of land uses which foster the general welfare of the population. This power has been applied more recent- ly to adult entertainment businesses in many communities and has served as a prime means of controlling possible negative impacts on neighborhoods. This study was undertaken to examine these alleged negative impacts with the purpose of empirically establishing, to the extent poss- ible, their existence or non-existence as well as their real di- mensions in Indianapolis. The possible relationships between these impacts and the land use characteristics of the sites in which they are offered were also examined to ascertain whether certain land use classifications were better suited than others for the loca- tion of adult entertainment businesses. v METHODOLOGY I STUDY METHODS As described below, the study methodology employs the comparison of different land areas in Indianapolis. The two basic areas of comparison 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 Control Areas ). These two designations are further differentiated as to the gen- eral purpose -or emphasis of the land uses they .contain. Those that generally serve the immediately surrounding residential uses are termed "Nei ghborhood-Related" while those that contain uses meant to serve a broader geographic area are designated "Commun- ity -Related". STUDY SITE LOCATIONS At the time of the study's inception, there were at least forty- three possible, distinct sites in Indianapolis where adult enter- tainment was offered either singly or in clusters of establish-ments. For manageability purposes, it was decided to select six of �f these sites that were representative. In. choosing these subject lo- cations (as well as the Control Areas of the study) the determinant characteristics were their 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 additionally based on the number of es- tablishments located in a given neighborhood, whether it was resi- dential in nature and therefore neighborhood -related, or contained a significant portion of its land use in regional, commercial uses which made it community -related. The designation "Neighborhood -Related" was applied where a prepon- derance ( 75% or more ) of the area within 1000 feet of the site was zoned 01 through 012 ( residential dwelling district classifi - cations ) and the commercial areas were neighborhood -related - prin- cipally C3 ( a neighborhood commercial classification ). Special Use designations were judged to be neighborhood -related or not on an individual basis. SUI (church) b SU2 (school), for example, were judged to be generally neighborhood -related. "Community -Related" areas were described as areas where a signifi- cant proportion (30% or more) of the zoning within the 1000 -foot radius was C4 ( Community -Regional Commercial ) or more intense and the Special Uses within the boundaries were of a communitywide na- ture. SU6 (hospital) and SU21 (cemetery) were judged, therefore, to be related to the community generally. Within these two broad classifications. six locations were chosen. Two of them were situated in residential settings, two in re- gional -commercial settings and two in areas that fell in between, i. e., areas that had a high percentage*of residential zoning -but also contained a certain proportion of regionally oriented com- mercial zoning. These six locations became the Study Areas of this investigation. (cf. Appendix 1) SITE Residential 1.5 31 East 38th St. 2.3155 East 10th St. Coml./Residential 3.3555 West 16th St. 4.2101 W. Washington Comme rc i a 1 5.6116 E. Washington 6.4441-63 N. Keystone AREA ZONING CHARACTERISTICS STUDY AREAS CHARACTERISTICS Residential Commercial Special Parks 04=82$ C1=7$ SUI -3$ - C3=8$ 05-75$ C3=24$ SU9-1$ - 05-78$ C4-22$ - - 05-60$ C3-3$ SU2-17$ PKI -2$ C4-18$ 05=65$ C4-30$ - - - 08=5$ D5-15$ C2=5$ 1111=12$ PK2-5% C3=10$ 12U-13% C5-40$ Of the two sites chosen in residential areas; one contained an adult bookstore (Apollo Adult Books, 5431 East 38th St.) and a massage parlor(Eve's Garden of Relaxation, 5429 East 38th St.) The other residential location contained an adult movie house (Rivoli Theater, 3155 East 10th St.) and a topless bar (Ten -Oe Club, 3201 East 10th St.) One of the commercial/residential areas had a topless bar within its boundaries (Blue Moon Saloon, 2101 West Washington), while the' other harbored the White front Bar which featured topless dancing (3535 West 16th St.) The two commercial areas chosen were in the sixty-one hund red block of East Washington St. and the forty-four hundred block of North Keystone. The first site contained two adult book- stores (Modern Art Bookstore at 6118 and Adult Arcade at 6122) and a massage.parlor (Spanish Moon at 6116.) The North Keystone location contained four massage parlors (Other World, 4441. Diamond's Angels, '4445, Pleasure Palace, 4461, and Town and Country, 4463), two adult bookstores (Video World, 4447 and Adult Bookstore, 4475) as well as a topless lounge (Devil's N Hideaway, 4451). Six areas were also selected to serve as control sites for the study. These sites were chosen on the basis of their proximate location to the Study Areas (or their location on major thor- oughfares in areas physically similar in location and types of i development). size of population and zoning characteristics. None contained adult entertainment businesses. Selection was also made so that two of the sites were in predominantly resi- dential esi- dential areas, two in comme rc i a 1 areas and two in areas that contained a significant mix of residential and regional com- mercial zoning. These six sites became the Control Areas of the study, (cf. Appendix 1.) AREA ZONING CHARACTERISTICS CONTROL AREAS SITE CHARACTERISTICS Residential Commercial Special Parks Residential 1.2300 West 10th St. D5=82% C1=4% - - C3=14% 2.2500 East 10th St. 05=80$ C2=12% - - C3=8% Coml./Residential 3.5420 E. Washington 05=62% + C3=1% - D6=8% C4=19% 08=10 % j 4.2600 W. Washington 05-35% C1-2% Si11-3% - 04-34% C2=1% SUZ=3% 1 % I C7=8% Commercial 5.5200 N. Keystone 02=7% C1=4% 111.1-10% - 04-2% C3=9% 05=15% C5=25% D7-6% C7-20% i CS -2% 6.750 N. Shadeland 02=3% C4=49% SU1=15% - 03-15% C5=10% 07=3% CS -5% AREA ZONING CHARACTERISTICS NEIGHBORHOOD -RELATED COMMUNITY -RELATED Residential Study Area 1. 2. Control Area 1. 2. Coml./Residential Study Area 3. 4. Control Area 3. 4. Commercial Study Area 5. 6. Control Area 5. 6. STUDY SITE COMPARISONS 100% - 99% 1 100% - 100% 78% 82% 81% 78% 70% 35% 43% 36% 22% 18% 19% 22% 30% 65% 57% 64% t Throughout the following analyses, a series of comparisons are made at several different levels of geography: i.e., County/ Police District; Census Tract/Census Tract Cluster; and Control/ Study Area. Large Area When dealing with crime statistics, the Indianpolis Police Department District is used as the largest universe of com- parison. In the case of real estate information, Marion County is used as the largest geographic area of comparison. Center Township is also used as a basis of comparison in the analysis of adult entertainment impacts on property values Mid -Size Area Intermediate geographic levels used for comparison in the - study were census tracts when study sites were centrally located within their boundaries. Where they were not, those census tracts in proximity to the site were chosen as the basis of comparison. CENSUS TRACTS/TRACT CLUSTERS { Study/Control Areas 1 2 3 4 5 6 Con t ro 1 Areas 3412 3527 3611 7i 14 3216 3606 2416 3547 3612 3426 - 3217 3607 3548 3608 Study Areas 3310 3526 3411 3414 3607 3216 3601 3548 3426 3224 3549 3538 3225 3226 Sub -Area The Control Areas and the Study Areas, as described above, formed the smallest geographic group of the study. These target areas were constituted using the criteria listed in the previous section of this report and data derived for them by aggregating block -level or addressed data within a 1000 -foot radius of the area centroid. • . Study Area O Control Area 1980 CENSUS TRACTS ADULT ENTERTAINMENT BUSINESS STUDY xc �_ — t w.r .r Wee lS - rw -Y� YY YMM ' 1 -- eeO. YY I sor — no rrw Yrw Y. .« - .Y - J raw raw WWO • t � ru YY rA� 1M r• - , Ym Y t t �w Y1M -• .1 I � � Yf� JIB rA �M YAC rw rA ` rrr•w w.. J r•w W. rr Yr w 4404t wM r w wr+� ~�rA son• M: A A— News � lot � We Mrw MrM Nw1w rr � fir• Yr MW am Wt W"' t - 0w O.t J ""m YtY MINOR ►es. 1 w w r ~ r. r� Mrjr Imp, rwY rrr My i� 0. • aw -=G Mr w w w am r Yr IWe j Wt ri �r w� am YM i spa � w rw .r waw 6A 01 rrr YY w rw rr wep •� �• it • Y.M f rw re subm I awe rr w • . Study Area O Control Area 1980 CENSUS TRACTS ADULT ENTERTAINMENT BUSINESS STUDY xc �_ — CRIME INCIDENCE z CRIME INCIDENCE The Data Processing Unit of the Indianapolis Pclice Department performed two computer runs of their "Incidence Files" 1 in August of 1983 at the request of the City Division of Planning. The re- sultant printouts detailed all reported incidents to which po- lice had been dispatched in the Cc-itrol Areas and the Study Areas during the years 1978, 1`979. 1980, 1981 and 1982. Data were assem- bled from these printouts on a.year-by-year, area -by -area basis. They were then grouped by Major Crimes2 and Sex -Related Crime -s.3 Summary data for the Indianapolis 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 constraints would not allow their tabulation manually. The purpose of these tabulations was to identify any possible abnormalities that might have occurred in expected frequency and nature of crime between the Indianapolis Police District, the Control Areas which were chosen for their similarity to the Study Areas and the Study Areas themselves in which adult enter- tainment establishments were in operation. As was demonstrated in the previous section, the Study Area loca- tions were chosen as being representative of existing adult en- tertainment sites in zoning mix, size'of population, age of hous- ing stock and types of adult entertainment services offered in the area. Excepting the latter, these same criteria were used in the choice of Control sites. Because they were representative, it is possible to compare Control and Study Areas as well as in- fer findings to other adult entertainment locations in the com- munity. Based on the summaries of crimes, crime rates were computed f r each area using 1980 Census data as the population constant., The crime rate statistics portrayed the frequency of crime in each area for each 10,000 of population and allowed direct com- parison of crime impacts between the three areas. The same tech- nique was used to compare the magnitude of sex-related crime in the Control Areas and the Study Areas. MAJOR CRIMES The crimes of Criminal Homicide, Rape, Robbery, Aggravated Assault, Residence and Non -Residence Burglary, Larceny and Vehicle Theft are reported on a monthy basis by the Indian- apolis Police Department as Major Crimes. During the period of this study ( 1978 - 1982 ), there were 175,796 major crimes reported in the IPD District with an annual high of 37,220 occuring in 1980. The crime rate for this year was 792.42 in the police district. This represented an increase of 2.115 major crimes over the previous year total and an increase of 6% in the crime rate. The lowest annual total in the study period ( 33.898 ) was reported in 1981 which represented a drop of 10% in the crime rate from the previous year. Indianapolis Police District Major Crimes/Rates 1978-1982 Populatwn- 449,700 Total 348.77/741.49 36106/747.39 37220/792.42 33498/721.70 34734/739.64 Total Crime 176.796 Per 10.000 Populatlan 0 1978 1979 1980 19x1 1942 14urder 7611.62 9211." 107/2.28 66/ 1.38 6911.47 Rape 34117.26 439/9.36 410/&73 40019M 347/424 Robbery 1943/41.79 2043/43.71 2193/46.69 2194/46.71 1993/42.43 Aggravated Assault 1363/2831 1694/33.94 1743137.11 1480/40.03 1492/40.24 Residence Burglary 4344/138.11 6636/130.20 7496/ 180.67 7877/ 143.46 7783/ 16&70 Non-Rtsldenee Burglary 2392/80.93 2011/42.82 2679/6491 1308/49.14 2213147.12 Larceny 14492/397." 14927/402.6 14906/402.61 16782/367.29 17497/372:61 Vehicle Theft@ 3674/78.2? 3461/73.47 3787/80.63 2692/66.18 2902/61.74 Total 348.77/741.49 36106/747.39 37220/792.42 33498/721.70 34734/739.64 Total Crime 176.796 Per 10.000 Populatlan 0 ai.�...... ,. :.w �..<n .. .....: e.. ,.... .. -.'r.:.. ....•...�<�J:aaJ.�JJ(..A 1. {..lillY� IOver the same period of time. the Control Area for this study i had 5.170 major crimes committed within its boundaries - the highest number occurring in 1980 when 1,099 crimes were re- ported. The crime rate for this year was 942.05 in this area. This is compared to the lowest total of 912 -and a crime rate of 781.76 for 1978. This represented an absolute difference of 187 total major crimes and a difference of 21% in the crime rate ( 160.29 ). Murder Rape Robbery Aggravated Assault Residence Burglary Non -Residence Burglary Larceny Vehicle Theft 141/120.8a 112/96.01 110/94.29 83/71.15 90177.15 Total: 912/781.76 1.030/882.91 1.0901942.05 1.096/93x.63 1.034/886.34 Totat 5.170 per 10.000 Population Average: 886.34 Control Area Major Crimes/Rates* 1978+-1982 35/30.00 (Popdation -t 1.666) 30/25.72 1 ala 1970 1980 1081 1/O.ae 4/3.43 3/2.57 5/4.29 8/8.86 12i10.29 /6/12.86 a/6.36 37/31.72 44137.72 44/37.72 50/42.88 1982 2/1.71 13/11.14 36/30.86 19/18.29 35/30.00 29/24.88 30/25.72 37/31.72 151/129.42 229/ 196.30 262/224.56 272/233.16 1981189.72 71/80.88 50/42.66 82163.16 59150.57 79/67.72 484/414.88 544/466.31 574/402.03 588/504.03 579/436.31 During the period 1978 - 1982, 4,657 major crimes were committed in the Study Area. As in the IPO District and the Control Area, the greatest volume of major crimes ( 1,103 ) occurred in 1980 which had a crime rate of 1,291.42. The fewest number of crimes in the study's time frame was 867 in 1978 which represented a di fferencial in the total number of major crimes reported and the rate of crime -of -236 and -276.32 respectively from 1980 The frequency of crimes in the IPO District, the Control Areas and the Study Areas showed approximately the same pattern. In each of the areas, the number of major crimes increased from 1978 to 1980 when they peaked. Subsequent years showed frequency levels below the 1980 high. The average crime rate figure for the Indianapolis Police Depart- ment nistrict was 748.55. The Control Area had a rate that was 137.79 higher than the overall police district, whereas the Study Area was 204.17 points higher than the Control Area. 1-n other words, people living in the Control Area of the study were ex- posed to a major crime rate in their neighborhoods that was 18% higher than that of the IPO population generally. Residents of the Study Area, however, were exposed to a major crime rate that was 23% higher than that of the Control Area and 46% higher than the population of the IPO District as a whole. 10 Study Area Major Crimes/Rates* 1978-1982 (Papaation- 6.641). 1978 1070 1080 1661 1962 Murder 3/3.61 0/- 2/2.34 6/5.86 0/- Raoe 3/3.51 12/14.06 11/12.88 9/10.54 8/0.37 Robbery 66/64.40 53/82.06 68/07.91 28/30.44 44/51.52 Aggravated Assault 25/29.27 18/21.06 22/26.78 16/16.73 29/33.96 Residence Burglary 161/188.50 200/234.17 241286.88 190/222.46 189/221.29 Non -Residence Burglary 82/96.01 58/67.91 80/93.67 66/76.10 6174.93 Larceny 462/540.92 460/526.87 688/886.10 560/835.66 464/643.26 Vehlde Theft 76/8&" 90/105.37 100/117.06 80/70.25 77/90.15 Totat 867/1016.10 861/1031.60 1103/1291.42 931/1090.04 876/1024.47_ Totat 4.657 •Per 10.000 Population Average: 1040.51 The frequency of crimes in the IPO District, the Control Areas and the Study Areas showed approximately the same pattern. In each of the areas, the number of major crimes increased from 1978 to 1980 when they peaked. Subsequent years showed frequency levels below the 1980 high. The average crime rate figure for the Indianapolis Police Depart- ment nistrict was 748.55. The Control Area had a rate that was 137.79 higher than the overall police district, whereas the Study Area was 204.17 points higher than the Control Area. 1-n other words, people living in the Control Area of the study were ex- posed to a major crime rate in their neighborhoods that was 18% higher than that of the IPO population generally. Residents of the Study Area, however, were exposed to a major crime rate that was 23% higher than that of the Control Area and 46% higher than the population of the IPO District as a whole. 10 150 1300 1 100 900 700 Major Crime Rate* 1978-1982 WO District Control Area -- -� Study Area ---- 15w --- 1024.5 886.3 739.5 500 1 i 1 1 ' 1978 1979 1080 1081 1982 *The numerical Instance of Criminal Homicide. Rape. Robbery. Aggravated Assault. Residence Burglary. Non -Residence Burglary. Larceny and Vehicle Thett- Per 10.000 Population. M1 It is interesting to examine crime rates within the Control and Study Areas in relation to the land use characteristics of the locations in which they occurred. Crime rates provide a better understanding of actual impact on the resident of the area than crime *frequencies in that they establish a ratio of crime to each 10,000 of popu 1 a - tion. In this way, they tell us just how vulnerable a neigh- borhood is historically to crime within its boundaries. 1978-1982 ANNUAL AVERAGE MAJOR CRIME RATE BY LAND USE AREA Commercial Coml./Res. Residential Pop./Crime/Ann.Rt Pop./Crime/Ann.Rt. Pop./Crime/Ann:Rt, Control 1. 379 240 1267 2. 523 1147 4386 902 1733 7 3075 3. 2828 837 -592. 4. 2382 705 592 5210 1542 592 5. 2159 1173 1087 6. 3395 1067 629 555x+ 2240 807 S tudy I. 219 439 4009 . 2. 1218 831 1365 1737 1270 1768 3. 1015 834 1643 4. 1203 653 1086 2218 1 7 • 1341 i 5. 3656 1232 674 6. 1230 668 1086 '4W T9_0_0 778 Accordingly, we find that this impact is 74% higher in dis- trict commercial areas of the Control Area than Simi lar dis- trict commercial areas of. the Study Area. However, whi.le the. rate is approximately the same in- the residential areas of both, the Study Area exhibits a crime rate that is 127% high- er than the Control Area in locations that are mixed distri•c- commercial and residential in nature. 12 i 500 475( 4,60( 400( i 375( 350C 3200 3000 2750 2600 ,{ !260 1 2000 i1750 1500 1260 1000 750 Soo 250 0 1978-1982 Annual Average Major Crime Rates': Selected Areas Total Area Coml. Coml./ Rea. Total Area Coml. COM1./ Roe. Ree. Rea. Control Area Study Area *Per 10.000 Population 13 C SEX-RELATED CRIME 5 Crimes of Rape, Indecent Exposure, Obscene Conduct.�Child Mo- lestation, Adult Molestation and Commercial Sex were segre- gated and then aggregated from police printouts of total crime incidence occurring within the Study Area and the Control Area for the period 1978 - 1982. A total of. 153 sex-related crimes was reported in the Control area during this period, with a high of 39 having occurred in 1979. During the same period, the Study Area experienced 198 sex-related crimes, 'reaching a high of 52 in 1981. Control Area Sex -Related Crimes/Rates * 1878-1882 2 12 (Po9uUmbon-1 /,•w t0 • 1974 1979 /e•0 1081 1082 /2 Rao • 17 1• 6 12 Y+araynt EXPOWAM 7 10 • 13 4 ob4cww Conduct 0 2 O O 1 ChAd tbbatatbn • 10 4 • 12 Adult 9 11 a "CW* ttatbn 2 3 0 / 3 Ca VrdWV t a" 0 t 1 0 0 Totat 23/19.7 39143.4 29/24.0 30/26.7 32!27.4 Tont 163 I . PK 10.000 Pop dmion Study Area Sex -Related Crimes/Rates * 1978-1982 (Pooulation-0.341) (974 197• 1••0 1981 1962 Rao+ 2 12 / t t0 • N�daoant E,toorra I /0 14 /2 = 6 7 ob*CWW conduct 4 O O t O I' ChOf 61o1aatatlotl 6 • 9 11 a t4olastasf•n 1 0 0 o s Conwwrc d a" /' s /9 ss /a Total 1u22.3 43/60.4 44/61.s 62/90.• 40/41 Toat 108 • P.r 10.000 Poouralm" 14 eE 6c 66 50 46 40 36 30 25 20 15 10 6 0 1978 '.,.i , t , ,n ,_l ,s.,, a.'ii� 1.'txi ), 1.'.,�M Sex -Related Crime Rate* 1978-1982 Control Area 3tUdy AM — -- — — 46.8 27.4 1079 1980 1981 1982 • The numerical Instance of Rape. Indecent Exposure. Obscene Conduct. Child Molestatlon. Adult Molestation and Commercial Sex- Per 10.000 Population. iS Whereas sex-related crime rates in the Control 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 rate in the Control Area was 26.2 over the five year period. The rate in the Study Area was approximately 77% higher than this average during the same period of time at 46.4. Comparing the crime rate for sex-related crimes by land use categories in the Control and Study Areas, a different pat- tern than that for major crime rates emerges. 16 1978-1982 ANNUAL AVERAGE SEX-RELATED CRIME RATE BY LAND USE Area Commercial Coml./Res. Residential - Pop./Crimes/Ann. Rt. Pop./Crimes Ann. Rt, op./Crimes/Ann. Rt. Control 1. 379 2 11 2. 523 7 27 902 9 20 3. 2828 35 25 4, 2382 29 24 5210 64 25 5. 2159 49 45 6, 3395 29 17 , 5554'--7T 28 Study 1. 219 5 46 2. 1218 23 38 1T 21f 39 3. 1015 38 75 4. 1203 32 53 2218 70 63 5. 3656 69 38 6, 1230 31 50 9W 100 41 16 i ADULT ENTERTAINMENT BUSINESSES IN INDIANAPOLIS AN ANALYSIS 0 Department of Metropolitan Development Division of Planning February, . 1984 100 i 9s 90 as 80 7s 70 as 60 ss 1 50 4s 40 j 3s I1 30 2s 20 1s 10 I ' s 0 ....... ... .. Y.A � � fi9I.LM 1M�MEiib➢V1F 1978-1982 Annual Average Sex -Related Crime Rates*: Selected Areas Total Area Coral. Coral/ Res. Total Area Coral. Coral/ Res. . Res. Res. i Control Area Study Area *Per '10,000 Population f7 C Whereas major crime rates were Simi lar in -residential areas of l the Control and Study Areas, the Control Area rate was substan- tially higher in district commercial areas and lower in mixed district commercial/residential areas. In contrast to this, the sex-related crime rate was uniformly higher in all land use cate- gories of the Study Area. ranqinq from +46% in residential areas to +152% in district commercial/residential areas. SUMMARY OF FINDINGS' Both the Control and the Study Area experienced a sig- nificantly higher incidence of major crimes/10,000 population than the IPD District as a whole. Much of this increase would be expected given their location in generally older, less affluent and more populous areas of the city. It is more difficult to explain the distinctly higher crime rate experienced in the Study Areas as compared to the Con- trol Area - 1,090.51 versus 886.34. This dicotomy is even more apparent in the instance of sex- related crime rates in the two areas. The average sex-related crime rate in the Control Areas was 26.2. The Study Areas had J an average rate of 46.4. t If the same ratio between the Control and Study Areas estab- lished for major crime during this period were applied, we would expect a crime rate that was 23% higher - or 32.3 - in the Study Areas. The actual rate of 416.4 is 17% higher than that. of the Control Area and underscores a distinct departure from the expected. Not only is the rate substantially higher in the Study Area, but it is twice the rate that would have been expected from the distribution of crimes generally in,lndiana- polis. The anomalies demonstrated in the comparison of the Study Area with the general population and the Control Area will not, in themselves, establish a causal relationship between Adult Entertainment Businesses and the crime rates in the immediate area surrounding them. The fact does remain, however, that in each subsection of the Study Areas where adult entertainment is offered a substantially.higher sex-related crime presence ob- tains over the corresponding 'subsections of the Control Area. in which no adult entertainment is offered. The same is true regarding the rate of major crimes. In areas chosen for their similarities otherwise, an obvious difference lies in the presence of one or more adult enter- tainment establishments. 19 P FOOTNOTES 1. The Incidence File is.a computerized listing of all reports made by police after initial investigation of an incident to which they were dispatched. It, therefore, provides a more reliable indication of crime incidence than the com- puterized "Police Run" file which logs police dispatches based on preliminary information on the incidents. 2. Criminal Homicide, Rape, Robbery. Aggravated Assault, Resi- dence Burglary, Non -Residence Burglary, larceny and Vehicle Theft. 3. Rape, Indecent Expose re, Obscene Conduct. Child Molestation, Adult Molestation and Commercial Sex. 4. Since population estimates were not available for each year of the survey, the 1980 Census figures were used because they were the result of an actual enumeration and, falling at the mid -point of the survey, they would tend to balance out popu- lation trends during the five year time span. 5. Sex-related crimes are not isolated and compiled on a routine basis for the IPO District as a whole. A manual compilation of these data was proscribed by the time limitations of the study. 20 CRIME IMPACT BY AREA TYPE N IMPACT BY AREA TYPE As it will be noted, sample size poses a distinct problem when attempting analysis at the small area level. This is particu- larly true in the instance of mortgage information. Due to this inadequacy. it is impossible to compare the impact of adult entertainment businesses on residential property value below a certain level of geography. This is not the case, however, with crime statistics. In this case it is possible to compare subareas of the target areas since the comparisons are based on the actual instance of crime in the area ( unlike mortgage data where average value is the basis of comparison.) The subarea comparisons were based on the nature of the areas in relation to their land use composition as determined by the Comprehensive General Land Use Plan of Marion County. Four sub- areas were of a distinct regional commercial nature, four were residential in nature and four were of a mixed residential - commercial makeup. The three groupings were compared with each other to determine if crime, from a historical viewpoint, occurred more frequent- ly in areas of one land use configuration than another. Whether or not crime frequencies, at least in part, are deter- mined by the land use characteristics in which they were com- mitted cannot be definitively answered here. Several striking patterns do emerge from the comparison, however. CRIME FREQUENCIES BY AREA TYPE Of the 9.829 major crimes committed in the Control and Study Areas during 1978 - 1982, 27% were perpetrated in regional com- mercial areas, 31% in mixed commercial -residential areas and 42% in predominantly residential areas. In other words, crime frequencies were 56% higher in residential areas than commer- cial areas while mixed`commercial-residential areas were 37% higher than commercial areas. The following table displays major crime frequencies for the five year period by- type of area, the existence or non-exis- tance of adult entertainment and specific location. MAJOR CRIME FREQUENCY ' 1978 1979 1980 1981 1982 Tot. District Commercial Study Area No. Keystone 83 71 112 87 86 439 E. Washington 150 152 202 186 141 831 233 223 3W 293 227 1270 Control Area No. Shadeland 38 41 34 ,.43 -84 240 No. Keystone 212 217 210 259 249 1147 250 257 2W 302 333 T_3 7 Mixed Res./Coml. 2657 27% Study Area W. Washington 123 184 190 185 152 834 West 16th St. 177 '128 140 104 104 653 300 312 330 289 - 25r 1 ;1 7 Control Area W. Washington 110 182 211 184 150 837' E. Washington 160 151 130 139 125 705 210 333 -3Ti1 323 -77-5 15 22 Residential 3029 31% Study Area East 10th St. 219 235 294 242 242 1232 East 38th St. 115 111 165 127 150; 668 33T+ 33W 759 .3;9 392 1900 Control Area East 10th St. 211 239 269 210 243 1173 West 10th St. 181 200. 244 260 182 1067 - 33T 3W -+5$ 316 _9 392 227 0 4140 42% The pattern was similar in comparison of the frequency of sex- related crime within the three areas during the same period of time. It was more pronounced, however. Fifty-one percent of the total occurred in residential environments, while thirty-eight percent occurred in mixed commercial -residential areas. In com- parison, only eleven percent of the total occurred in dis- trict commercial areas. The following table displays sex-related crime frequencies for the five year period by type of area, the existence or non-exis- tence of adult entertainment and the individual locations inclu- ded in the study. 22 . .... ........ . „ . , .. . , ... �. ,. , .. ......... , < r:•;,.. � i � � � r. i..�t�.r:�.ee,faLr�w�; x�.r.,wtiay.:�e.�tra5 to srKJx4'tVr74hM�N1 SEX-RELATED CRIME FREQUENCY These trends are not easily explained on the basis that 'where there are more people there wi l l be more crime."Communi ty-rela- ted commercial areas draw clientele from a broad geographic area and can be expected to attract many times the residential popu- lation of the immediately surrounding area. This is the purpose of the district commercial zoning designation. Further, the trans- ient nature of"this population could be considered to contribute to the incidence of certain crimes. 23 1978 1979 1980 1981 1982 Tot. District Commercial Study Area No. Keystone - 2 2 - 1 5 E. Washington - 4 4 8 7 23 =2 Con t ro 1 Area No. Shadeland - - - - 2 2 '.o. Keystone 1 3 1 1 1 7 1 3 1 1 3 9 Mixed Res/Coml. 37 11% Study Area W. Washington 5 10 12 8 3 38 West 16 St. 1 4 8 9 10 32 -� 1Ti 20 i 7 13 70' � Control Area W. Washington 3 8 11 8 5 35 " E. Washington 4 10 3 84 29 7 1g _77_77 1b _ 9 6 Residential 134 38% Study Area East 10th St. 12 18 14 17 8 69 East 38th St. 1 5 4 10 11 31 13 23 �1 27 19 100 Control Area East 10th St. 11 13 7 7 11 49 i west 10th St. 4 5 6 5 9 29 15 IT ', 13 12 20 7$ 178 51% These trends are not easily explained on the basis that 'where there are more people there wi l l be more crime."Communi ty-rela- ted commercial areas draw clientele from a broad geographic area and can be expected to attract many times the residential popu- lation of the immediately surrounding area. This is the purpose of the district commercial zoning designation. Further, the trans- ient nature of"this population could be considered to contribute to the incidence of certain crimes. 23 Maior Crimes / 1978-1982, Selected Areas M 24 ConvTWclal Study Control Residential/ Commercial Study Control Residential Study Control Sex -Related Crimes / 1978-1982, Selected Areas 0 6o 100 160 200 260 300 25 SUMMARY OF FI N01 NGS There appears to be a strong correlation between crime frequency and the residential character of neighborhoods, i .e., the more residential the nature of the neighborhood, the greater is the instance of crime in that neighborhood. Crime frequencies were, in fact. fifty-six percent higher in residential areas than dis- trict commercial areas. The above correlation is even more acute when considering sex- related crimes. Sex-related crimes occurred four times more fre- quently in substantially residential milieus having one or more adult entertainment businesses than in commercial.environments having one or more such businesses. il PV REAL ESTATE IMPACT REAL ESTATE IMPACTS This study also undertook the quantification 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 Summaries (MLS) of the Metropolitan Indianapolis Board of Realtors, the 1980 Census (tract and block occupied, single -unit housing valuation data); and, annual lending institu- tion statements under the Federal Home Mortgage Disclosure Act (MOA). Summary data from the MLS were available over the period 1979 - 1982, while actual mortgage values reported by lending institutions were available for the period 1977 - 1982. The U.S. Bureau of the Census provides homeowner estimates of home value at the time of the 1980 Census (April 1, 1980). The data available from these three sources differ in other ways. The 1980 Census, while relying on homeowner estimates of the worth of property, is a 100 percent survey and is described down to the block level. Home Mortgage Disclosure Act data provide a record of actual mortgages processed and reported by local lenders (only a portion of the total volume). The lowest geographic level at which this information is available is the Census Tract and, even at this level, at times poses a difficulty with the available sample size. Multiple Listing Summaries generally reflect an esti- mate of worth based on current market conditions for the area and can be assembled at virtually any geographic level since they are listed by address. As in the case of the Mortgage Disclosure Act statements, however, there.are at times problems with the suffi- ciency of the sample size at the small area level. Each of the data sets presents some weaknesses. Although the 1980 Census only reflects an estimate of housing value at one point.in time, It has the advantage of being a 100 percent survey of occupied, single -unit housing. The other two sources offer time series data over periods of four and five years. They have the liability, how- ever, -of sometimes lacking a sufficient sample size at the small area level in any given year to allow an acceptable level of statis- tical confidence. Due to -these characteristics of the data, certain modifications were made in the study's original intent. Rather than doing annual comparisons of housing value, 1979 was chosen as the comparison year and the 1980 Census data set chosen due to the ability to summarize it at the county, tract and block level. 27 The geographic levels of comparison were the County -as a whole. the Census Tract or Tract cluster in which the Study or Control Areas were located and the areas within a 1000 -foot radius of the Study and Control location centroi-ds. A next step was to use the data available on real estate activity in the Multiple Listing Summaries to establish market performance between 1979 and 1982 in both the Control and -'Study Areas: The results were compared to real estate activity in the residential market of Center Township which. in terms of value and general housing condition- most closely resembles the two areas among the nine Marion County townships. COMPARISON RESULTS AVERAGE MORTGAGE VALUES - 1979 Marion County Tract/Tract Clustersl [ Tract/Tract Clustersl ] 1000 -Foot Radiusl [ 1000 -Foot Radius3 ] 5 41.854 Control Areas Study Areas $ 31.858 $ 28,003 [ 27.872 ] [ 21.605 ] 23,721 24,616 [ 16.038 ] [ 23.823 ] 1. Source: 1980 Census. 2. Source:- Home Mortgage Disclosure Act Statements. 3. Source: Residential Multiple Listing Summaries. Comparison of the 1980 Census data would indicate that the value of housing in the areas addressed in this study are from 40 to 73 percent below the Marion County average. While the average value of housing at the census tract level was somewhat higher in the census tracts in which the Control Areas were located than those in which the Study Areas were located ($31,858 vs. $28,003), the opposite was true when comparing the target areas themselves. Housing values within 1000 feet of adult entertainment businesses in the Study Areas were greater (although by a lesser margin) than those in the Control Areas ($24.616 vs. $23.721). * Whereas 'the sample size is sufficient in most years to provide acceptable confidence levels for mortgage averages, the sample is 4 only marginally acceptable in 1981 and 1982 for the Control Area. FT This finding is borne out by an examination of actual mortgages executed within the affected census tracts of the Control and Study Areas. as well as real estate listings at the 1000 -foot jlevel. Using mortgage and real estate listing data we find that, while consistent with the Census data findings. the disparities were I more acute. Average mortgages at the tract level were $27.872 vs. $21.605 in the Control and Study Area tract clusters respectively. At the 1000 -foot level, real estate listing values in the Control l Areas dropped to $16,038 while Study Area listings increased by I approximately 10 percent over the average mortgage value in the tract clusters of the Study Area. j It would appear that, while property values at the tract cluster level are appreciably higher surrounding the Control Areas, housing within the Study Areas themselves is, on the average, of distinctly higher value than housing stock in the Control Areas. TIME SERIES ANALYSIS RESULTS During the period 1979 through 1982, mortgages processed in the Control Areas of the study showed an average annual appreciation rate of +24.7 percent. During the same time frame, mortgages appreciated at an average annual rate of only +8.7 percent in the Study Area. In comparison, residential mortgages in Center Town- ship appreciated at a +16.7 percent average annual rate for the period. AVERAGE MORTGAGE VALUES l 1979 - 1982 i 1979-1982 1279 1980 1981 1982 % Change Control Areal $16,038 $21,687 $22,650 $28,420 + 77% Study Areal 23,823 25,432 30,964 30,090 + 26% i Center Township2 16,100 17,178 18,903 25,099 + 56% I.Source:lndianapclis Multiple Listings for Residential Prop. 2.Source:Nome Mortgage Disclosure Act Statements. 29 MORTGAGE VALUES % Change From Base Year 1979 1980 1981 1 !neer Township Ludy Area — — — :..icrol Area 1982 REAL ESTATE LISTINGS % Change From Base Year (127:, ter Town s h i p ---- ley Area — -- itrol Area — — 70 2 f, The average value of mortgages from 1979 to 1982 in Center Town- ship increased by 56 percent while Control Area values increased by 77 percent and the Study Area by 26 percent. RESIDENTIAL REAL ESTATE ACTIVITY 1979 - 1982 Control Area Listingsi I Study Area Listingsl Center Township Mortgages2 1979 1980 1981 1982 % Change 29 23 15 15 - 52% 28 28 26 29 + 4% 898 635 377 182 - 80% 1. Source: Indpls. Multiple Listings, Residential Properties. 2. Source: Home Mortgage Disclosure Act Statements. Both Center Township 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 again, the Study Area performed in an atypical fashion, actually regis- tering a slight increase in volume (4 percent) over the same period. CONCLUSIONS ' While bearing in mind the above-mentioned difficulties in certain cases with the sample size at the sub -area level, the following (' observations may be made on analysis of the data. A comparison of residential real estate listings indicates that the areas chosen in this study which have adult entertainment establishments within their boundaries have, on the average, a residential housing base of substantially higher value than that located in the..areas chosen as control sites. Despite the higher value of housing stock in the Study Areas, property values appreciated at only one-half tfie rate of the Con- trol Area and at one-third the rate of Center Township as a whole. 1 _ Another anomaly apparent in analysis of real estate activity within the three areas is that market forces within the Study Areas were I. present which caused real estate activity within its boundaries to run completely contrary to County. Township and Control Area trends. I 31 In summary, the available data indicate that twice the expected number of houses were placed on the market at substantially low- er prices than would be expected had the Study Area real estate market performed typically far the period of time in question. 32 .... ... _...___ _._. ._.. ....�.....____._ _.. _........_........+r..+��.. •"'-_-."'`.w�..:...,,..... .. ... ., ..,_...�.......v�+.+.wu:xs: Yaw iklJ6�i.tn:�:2 Y:irfd,si: .�.��...i...,..�.v,v. �t w,. .a',lnliui�thli ° APPRAISER SURVEY 1 t k J I ' 4 MSA SURVEY OF APPRAISERS IMPACT OF ADULT BOOKSTORES ON COMMERCIAL PROPERTY AT THREE BLOCKS Oecrease>20 114-20 Dec reas No Oecreas • - M •t1 •.r••N•• a•l •<. •�••IIY GY IN Nom.••- w••1•••1• a•.o• HW.•a I✓•.I♦ •Ia✓•• INI•w•I a-. •••N- •MNG .•M•. - tR Kt 1 •a •!••L (• V N NI►r• (/ k S yN .wy l••. aI.••N• t11•• •• w• 111 -- / 1 1 1 t J 1 1 ( t • 1 t • / • t •I / 11 J // / •J 1' (• 1 t• t <t•.a1� _._._. 1 __. r1. ------- w1.r.r«• «....1...-.«./«.� YI .Nr...rlr«...N.r.r..Irrr«I.«_...y--r-w1•.:.�_.t••_... •• 1 1 • I•^•• t • 1• r(1••r 1•f•a 1 1••• 1 •.• 1 •.1 1 ••1 1 • 1 • 1 0•1 I •.• 1 • I • t • I • 1 •.• 1 •N .l, H♦ 1 f•.f. 1 1 1 J(.• 1 • I 1.1 ! • 1 • t /•• 1. •N / 1•• 1 < •w 1 ••• / •N t •A / ••• • M• t •.• t •.• t •./ • •N t ••I t ••1 t ••• • •w 1 •.• 1 ••• t •.• 1 •.• t •A 1 ••• • ••• 1 ••• / •.• t •N 1 ••• t ♦N f •w 1 ••• 1 ••• t ••• 1�.__.�1•x'�__•ITS-r/_�'-�rl.-«-r-t.�.-�•r.�_�i rte_« _I:r.w-•«-�..�I�.�r(. �.r.y «r.-«I���r1.---•«.1 • • • • t • t • 1 • 1 � • t • 1 ! 1 t I / t • t • t • 1 N<N. 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MSA SURVEY OF APPRAISERS Impact On Residential Properties Land Use Value Higher Lowe r Much Some Same Some Much Store -front church 4% 24% 52% 20% 1% Pool hall 1% 12% 48% 33% 6% Welfare office 1% 13% . 41% 37% 7% Neighborhood tavern - 17% 52% 25% 6% Record store 6% 29% 54% 10% - Medical office 20% 37% 39% 4% - Drug rehab center - 6% 39% 40% 15% Ice cream parlor 14% 29% 52% 5% - Video -game parlor 1% 17% 51% 28% 3% Disco - 13% 44% 33% 10% Branch library 24% 37% 34% 5% .1% 45 In response to the question about their evaluation of the impact of adult bookstores generally on surrounding property values, 21% of those expressing an opinion felt that there would be little or no impact with such a use. They principally based this opinion on their experience as appraisers (20%) and the observation that such uses usually located in areas that had already deteriorated (26%). 47% of the survey felt that. there is a substantial -to moderate impact. Their opinions were based on professional appraisal ex- perience (18%), and the observations that: given current mores, an adult bookstore would discourage home buyers and customers (14%); the use precipitated decline and discouraged improvement (11%);and, it would attract "undesirables" to the neighborhood (29%). The nature of this impact on property was contingent on a number of factors in the minds of 32% of the respondents. 13% felt that it depended on local attitudes and the adequacy of legal controls on their operation. Exterior factors such as signage and building facade quality were seen by 16% as the determinant. 30% felt the impact would be directly related to'the values (both monitary and human) prevalent in the neighborhood. And 20% felt that the answer depended on whether or not the business was likely to at- tract other such businesses. 4 46 4 Subst Con t EFFECT OF ADULT BOOKESTORES ON PROPERTY VALUE MSA SURVEY OF APPRAISERS Effect COVrf 1 N• Kf 1•.r•.1 •• .KN• t•MI•f0 1•w I.[ .aw.n•- wYt�O.• •T a••M .T rN.IL Iw..1a •t L••.f•. /r0/•n•/ L/Y/{� Co. OCT I •a •ar/•.CtC• 4 •.IL•[. 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It .. •. ..it:' .:i ___ _�_ W: - __- -�- --- ----------------��__-� 1 LA..........- ...•: . •.• -. . .. . LA. :.. :::: :..:•:..: O• .. ... .:. :.: •..• . �- ---- ---- -- ------ -- ---- --- -- -- - -- 1 CC -=---------------------------- ---- ----n---- ----� � c-- ---- - - - - -- ---L I---- -- I --=! co :i �2ii3 1 , �• . i� 49 f�. co C1 N 4) M 3 1 � v > V -- X 19 4) N pt d > 3 rn •- O --c _- io �o c w vl — qm S2 L L U •> C CL c 4) 4) t O d U L L C =< - a m= W N •• •1 Il �• i 71 �•• - a_ - --- --- --T-• - - - ----•-::1: to ¢ _ __------- - __ ------------ ---- --- ---=----=1 iJJ: --'t t -.. r V i0 N p - -- -- - -- •- •- 1 1 • �' �+ L ]L «� •••:.- :••!li...•$ a .•:•.••:•••rZ-.•.: .• a /0 L N °° -j-----=---------= ----- --- --------� L E E c u O L �. O v u 0 0 0 N ---- u T--� •••. -.1 .::•� •::� •••� ••:• •.•. :..• •••. • y U C 40 L6 - ' 1 • 7 1 1 CD�`_ --_ --_- -- -------------- --- -------�i p L..1 . :•• �•.•: •••� •••. ••:: ••:: :�. __:�. •••� %D LAJ n Q1 uj 1� -1!-tttl•tT11•ITT:•t1T itt11-:!!••••!�••••••! I. -- - -- -- -- -- -- -- 1' i ' :•: :..: .•:• .:: ..:1 ..•.....• zS -. r. - C O N w N 4 C7 �+'• 61 N � -------------- ---------� .--1---•'--- ---- �• L O - i C Q1 i! .::: •::: :::: _- :::: ••:::•iii: .• -- _ �9 C d V • -- -- - -- -- -- 1 C7 41 CC U L- .• ••. •. •� 00 • :�: •:• . ::• : •.. ::• O O -- O G M -- 1 -- 1 -- 1 -- -- LLA i •:•: :••. •..1 ' W' - '�•Ttt7•!7t' '!!1•till'-1:1•till-1114. ;•111111: -t ...y ...:s:.. ...� .... .__. ...a .... 111 ........... ci E 50 SUMMARY OF FINDINGS The great majority of appraisers (75%) who responded to the national 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 (80%) and commercial {72%) properties. 50% of these respondents foresaw an immediate depreciation in excess of 10%. At a distance of three blocks, the great majority of respondents (71%) felt that the impact was negligible on both residential (64%) and commercial (77%) properties. Even so, it would appear that this residual effect of such a use was greater for residential than for commercial premises. In answer to a survey question regarding the impact of an adult book- store on property values generally. 50% felt that there would be a substantial -to -moderate negative impact, 30% saw little of no im- pact, and 20% saw the effect as being dependent on factors such as the predominant values (property and socia -1) existing in the neigh- borhood, the development standards imposed on the use, and the abil- ity of an existing commercial node to buffer the impact from other uses. The results of the 20% national sample and the 100% survey of Metro- politan Statistical Areas were virtually identical. The one signi- ficant variation that did occur was in the response to the question asked as to the effect of adult bookstores on property values gener- ally. Respondents in the MSA survey placed more emphasis (32% versus 20%) on conditional factors at the site. 51 FOOTNOTES 1. Metropolitan Statistical Areas (MSAs) surveyed at 100% were chosen on. the basis of having a one to two million population at the time of the 1980 U. S. Census. They were: Phoenix, Arizona; Sacramento, San Diego and San Jose, California; Oenver/Boulder, Colorado; Hartford, Connecticut; Fort Lauder- dale, Miami and Tampa, Florida; Indianapolis. Indiana; New Orleans, Louisiana; Kansas City, Missouri; Newark, New Jersey; Buffalo, New York; Cincinnati, Cleveland and Columbus, Ohio; Portland, Oregon; San Antonio, Texas; Seattle, Washington; and Milwaukee, Wisconsin. Although slightly outside the population j parameters for this selection, Louisville, Kentucky and Atlanta, 1 Georgia were also inc1uded. . 2. Regional designations used were those.employed by the U. S. Bureau of the Census for the 1980 Census. The data were processed and cross tabulations performed using the Statistical Package for the Social Sciences. 3. The discrepency between the number of survey responses and the number of responses to the question in this and subsequent tab- les is the result of some respondents having omitted answers to questions 6 and 7 of the survey. M 52 APPENDIX I Area Maps 7 N NOTE a For the purpose of this study, the maps included in this Ap- pendix categorize existing land uses within the Study and Con- trol Areas as having a Resi- dential or a District Commer- cial Character. All dwelling district, neighbor- hood -related commercial and spe- cial use zoning classifications are designated as being of "Res- idential Character". tiore intense commercial uses, industrial uses'and district - related special uses are -consi- dered to have a "District Com- mercial Character". .rrsf a .ns yes . .ast1 DEPO rcTf• srpom FAM VSs TT�r��. arts F" 7[ 8177 1{/W •►27 Kii[f �r� wrr. •tri. _ irs� •�r� nes• •a+� ADULT ENTERTAINMENT BUSINESS STUDY __ _ STUDY AREA LAND USE �t WES )NTOOMERY PARK Mi3c= A Mrs" firm mmw1 om199%ul�� I Sm -IMM � m ,0;,L,T EINTERTAINMENT BUSINESS STUDY rKwv i I I - V I 1 I i .c.8 i i Fhb t i ur �tDULT ENTE'PTAINMENT BUSIASS STUDY MWVN n -9 �t..w T- n•.'t�%�^^�� ELLENBERGER PARK 110 � f � ,w;Mn n;� • � R V � K r I � ... N r� 4m N In- •� • o r n N r J .� w 'v SI w n."n+•'i. w t•w .;.^ T ' MSG � MIC-16AMIC-16A NQc � AM i f := •'•v.. NIL Sr t. 7 __ .. .i�'tai W x = w-: i •• sr r r w .t.nnrf nJt I lot 1 sr Q Ji• '�/ ifl G M MN qw 'w« M MMM Mr:"..r1 •MM • '1 fid IF LW LL 1f 0 �•�, �� •i51 •0 11 .3� • w � ! - fI. It &644 H 's -- IL _fie Sl ' S Sr • vl t f. e7 ve •1. r •• •.`� c {•r S7. e7 w .et � r.-. . r - �i .. tel.^ i. • � — 1j4 F � .�. N bw w w v i •. WASHINGTON ��i �•'= s >• :r _ 3� •� N •n w b M � it 11 « 4-2 C% st i 4K is f w�•w a r • ' i i�V�f-.L• �: M�: w r ` to ..y Q wu. 5� to •.>. a.Y fS •� r '� a It Ila "���t 1 '•! T'q .� ( S IIS —i2� •c '�J ^ 117 ,i S -'4 _.'`� , 2 �.. 3l •� _ ` r 1� =.13 _ Its 133 tat t N/BB v "�'• '� --- S P'Tili �i'iT 1 t .I H ' „. w 1•' 1�1 It•5 • _' - ut h — _ 301 1 1 • —J 311. --- IX ` a& Mil ft"m airs •rs an I" -------------- CONTROL AREA LAND USE 750 North Shadeland Ave. Q Residential Character ® District Commercial Character • Control Area Centroid h I I I I � o E AI S T G A TIE � I SH10 PING I CIE N T E RI � I ENO -------------- CONTROL AREA LAND USE 750 North Shadeland Ave. Q Residential Character ® District Commercial Character • Control Area Centroid h I I I I � o E AI S T G A TIE � I SH10 PING I CIE N T E RI � I Pul loin C' � � ,./ /////�i� Li•JJI ��J��/moi //II�I,�� %%//IiJJ! fes. oil MOMMINJ =`lowKOM, M � zMM w ra• tape WOM., OWN SOON�� CONTROLAREA LAND USE/ 00 North Keystone Ave. Residential Character !////.District Commercial, APPENDIX II Appraiser Survey OAvio E. CARLEY oMECrow CSTY OF SNL^S1q.NAPOLSS yALLtAm H HUONUT. Ill MAYOR January 20, 1984 Dear MAI Member: DEPARTMENT OF METPOPOLITAN DEVELOPMENT The City of Indianapolis, Indiana is currently in the process of preparing a new local ordinance that will regulate the location of adult entertainment businesses in relation to residential neighborhoods in our community. In an effort to provide a basis for the proposed legislation that is equitable and legally defensible, 1 would like to ask your help in establishing a "best professional opinion" on the matter. As a real estate professional, the opionions you share with us on the enclosed survey forms would be very valuable to - us in the development of a positive legislative approach to this difficult local issue. Thank you very much for your assistance. Sincere , V Carley cc. L. Carroll A middle income residential neighborhood borders a main street that contains I various commercial activities serving the neighborhood. There is a building that was recently vacated by a hardware store and will open shortly as an adult bookstore. There are no other adult bookstores or similar activities in the area. There is no other vacant commercial space presently available in the neighborhood. Please indicate our answers to questions 1 through 4 in the blanks provided, Y q 8 P + using the scale A through G. I 1 SCALE: A Decrease 20% or more B Decrease more than 10% but less than 20% C Decrease from 0 to 10% D No change in value E Increase from 0 to 10% I F Increase more than 10% but less than 20% G Increase 20% or more i I 1) How would you expect the average values of the RESIDENTIAL property within one block of the bookstore to be affected? 2) How would you expect the average values of the COMMERCIAL property within one block of the adult bookstore to be affected? 3) How would you expect.the average values of RESIDENTIAL property located three blocks from the bookstore to be affected? 4) How would you expect the average values of the COMMERCIAL property three blocks from the adult bookstore to be affected? over — i _ It INDIANA UNIVERSITY.: SCHOOL OF BUSINESS �-•�� Bl+nmingtorvindunapoiss tt 10ih and Fee Lane Bloomington. Indiana 47405 f `� (812) 337-5507 Division of Research ` I TO: Professional Real Estate Appraisers FROM: Indiana University, School of Business, Division of Research Please help us in this brief national survey. The information provided will help clarify an important question. Read the following information about a hypothetical neighborhood and respond to a few questions in terms of, your i professional experience and judgment. A middle income residential neighborhood borders a main street that contains I various commercial activities serving the neighborhood. There is a building that was recently vacated by a hardware store and will open shortly as an adult bookstore. There are no other adult bookstores or similar activities in the area. There is no other vacant commercial space presently available in the neighborhood. Please indicate our answers to questions 1 through 4 in the blanks provided, Y q 8 P + using the scale A through G. I 1 SCALE: A Decrease 20% or more B Decrease more than 10% but less than 20% C Decrease from 0 to 10% D No change in value E Increase from 0 to 10% I F Increase more than 10% but less than 20% G Increase 20% or more i I 1) How would you expect the average values of the RESIDENTIAL property within one block of the bookstore to be affected? 2) How would you expect the average values of the COMMERCIAL property within one block of the adult bookstore to be affected? 3) How would you expect.the average values of RESIDENTIAL property located three blocks from the bookstore to be affected? 4) How would you expect the average values of the COMMERCIAL property three blocks from the adult bookstore to be affected? over — i _ It APPENDIX III LAND USE CONTROL Of ADULT ENTERTAINMENT LEGAL BASIS Zoning has traditionally been defined as a process by which a municipality legally controls the use which may be made of pro- perty and the physical'configuration of development upon tracts of land within its jurisdiction. This is accomplished_by means of zoning ordinances which are locally adopted to divide the land into different districts permitting only certain uses within each district for the protection of public safety, welfare, health and morality.l Zoning regulations not only regulate the use to which buildings - or property may be put within designated districts, but also the purpose or object of the use beyond the.mere conditions or cir- cumstances of the use.2 In a 1920 landmark decision. the New York Court of Appeals up- held New York Ci ty's. comprehensive zoning legislation,3 and re- affirmed this legislation as a proper exercise of the city's police powers. In 1926, the practice of comprehensive zoning received substan- tial support when the United States Department of Commerce pro- mulgated the Standard State Zoning Ehabling Act. This Act be- came the model for most of the early zoning enabling legisla- tion' in the country. While the courts have reaffirmed that municipalities are proper- ly exercising their police powers through zoning regulation, it is generally held that they have no inherent power to zone ex- cept (as is the case with the police power itself) as such power is delegated to them by the state legislature through statutory enactment. The right of state legislatures to delegate compre- hensive zoning power to municipalities, on the other hand, is uniformly recognized by the courts.4 Because municipalities in the state had to be enabled to exercise zoning powers within their jurisdictions, the Indiana State Legislature, by means of enabling legislation, delegated this power to local units of gove rnment.5 Control of the use of private land inevitably raised a number of constitutional questions. In the landmark 1926 case of Euclid v. Ambler Realty Co.6 the United States Supreme Court upheld the city of Euclid, Ohio's municipal zoning ordinance which had been claimed to involve an unconstitutional deprivation of property by deciding that comprehensive zoning ordinances are a proper exercise of the police power and donor constitute an unconstitution- al deprivation of property. This position was reaffirmed by the Supreme Court of the United States in 1927.1 Thus, the general legality of zonigg is established beyond doubt. Subsequent decisions by this courttkSS established that such ordin- ances, however, could be unconstitutional when applied to a par- ticular property. This established the basis for the system under which the City of Indianapolis currently operates where each, var- iance or rezoning request is decided on its own merits. THE PUBLIC WELFARE The police power authorizes a government to adopt and enforce all laws necessary to protect and further the public health, safety, - morals and general welfare of its ci tizens.9 Limitations on the exercise of zoning power are essentially the same as those restricting the police power under the U. S. Consti- tution, i. e., they must be reasonable and guarantee due process and equal protection. It may not be exercised in an unreasonable, oppressive, arbitrary or discriminatory way. Zoning laws, then, must have a real, substantive relation to the legitimate govern- mental objective of the protection and furtherance of the public health, safety, morals and general welfare of citizens, The public welfare, in these contexts, means the stabilization of proper%yy values, promotion of desirable home surroundings, and happiness,10 and embraces the orderliness of community growth, land value and aesthetic objectivesll and is reasonably design- ed to further the advancement of a community as a social, econom- ic and political unity.12 CONTROL OF ADULT ENTERTAINMENT13 Reacting to the increased availability of pornography in the United States and attendant pressures at -the community level for its con- trol, a number of municipal governments have addressed the pro- liferation of adult entertainment businesses through, among var- ious methods, land use controls. The validity of such an approach was upheld in 1976 in the landmark decision Young v. American Mini Theatres, In c.14 in which the Court upheld a Detroit zoning ordinance which prohibited more than two adult movie theaters or other sexual ly-orientated enterprises from locating within 1000 { feet of one another or certain other designated businesses. Against ` 5) Suppose the available commercial building is used for something other than an adult bookstore. For each of the following potential uses, would the average value of residential property within one block of the new business be... A much higher B somewhat higher than if an C about the same adult bookstore i D somewhat lower occupied the site. E much lower In the space provided, write the appropriate letter for each potential use. I Store -front church Drug rehabilitation center Pool hall Ice cream parlor I Welfare office Video -game parlor Neighborhood tavern Disco Record store Branch library Medical office 6) In general, to what degree do you feel adult bookstores affect property values? 7) Why do you feel this way? 'r i 8) Where do you practice? I City State Your name. (If you prefer not to give your name, please check here: ) Thank you for your cooperation. Please return this questionnaire in the postage paid envelope provided for your convenience. APPENDIX III Land Use Control of Adult Entertainment attacks grounded in the First and Fourteenth Amendments to the Constitution of the United States, the Court sustained- the ordin- ance on the dual bases that: 1. The ordinance was a reasonable response to demonstrat- ed adverse land -use and property value effects asso- ciated with sexually -oriented enterprises; and 2. the ordinance silenced no message or expression but merely placed geographic restrictions upon where such expression could occur. While an exhaustive analysis of the Young decision is beyond the scope of this discussion, the following generalized principles may be gleaned from the plurality, concurring and dissenting opinions of the Justices. First, hostility to constitutionally protected speech is an impermissible motive. The more apparent and rational the relationship of the adult use restrictions to recognized zoning objectives; such as the preservation of neigh- borhoods and the grouping of compatible uses, the greater; the likelihood that the restrictions will be upheld. Second, even a properly motivated ordinance will be invalidated if it unduly burdens first amendment rights. For example, an ordinance imposing locational restrictions that are so severe as to result in an inability to accommodate the present or anti- cipated number of adult businesses in a municipality will cer- tainly be struck down. The Young court repeatedly moored its de- cision upholding the Detroit ordinance upon the Finding that numerous sites complying with the zoning requirements were a- vailable to adult businesses -and that the market for sexually - explicit fare, viewed as an entity, was therefore "essentially unrestrained". Third, ordinances which are so vague in wording and definitions that a non -pornographic entrepreneur is unclear whether he falls within its proscriptions may be violative of due process. A vague ordinance may operate to hinder free speech through use of language so uncertain or generalized as to allow the inclusion of protected speech within its prohibitions or leave an individual or law enforcement officers with no specific guidance as to the nature of the acts subject to punishment. Finally, an ordinance which authorizes the exercise of broad discretionary power by administrative officials to determine which adult business will be allowed to operate, especially if the exercise of such discretion is not grounded on objective, ascertainable criteria, wi l l probably be disapproved as contrary to the precept that, in the First Amendment area, "government may regulate only with narrow specificity". 1 1 4_ 1 4 4 Any community, then, which would employ. its zoning power to regulate adult uses within its jurisdiction must be particularly concerned that the adoptive ordinance be demonstrably motivated by and found- ed on sound land use principles, it allow reasonable accommodation for such uses within its jurisdiction. and that it clearly define both the nature and regulations of the use in order to avoid, to the extent possible, the need for subjective interpretation of each proposed use. l The Young decision has encouraged a great amount .of experimentation on the part of municipalities in an effort to prevent deterioration of their commercial districts and adverse impact upon adjacent. areas. The effectiveness of these innovations will be determined by time and the legal tests to which they will be subject .as this business segment establishes itself. j For the time being, however, this decision encourages an approach ' in which localities have tended to control the siting of adult en- tertainment businesses on the basis of land use. a ,. , ,",,,:;1s.e4:-w,SJ.'+1:\1..174i'V_"'Ak'VA I FOOTNOTES 1. Cf Smith v. Collison, 119 Cap App 180, 6 Ptd (1931) ; Devaney v. Bd. of Zoning Appeals, 132 Conn. 537; 45 Ad2 828 (194 Toulouse v. Bd. of Zoning Adiustment_, 147 Me 387, 87 Ad2 670 (1952)• j 2. Cf American Sign Co. V. Fowler, 276 SW2d 651 (KY 1955)• 3. Cf Lincoln Trust Co. v. Williams Bldg. Corp., 229 NY 313, 128 NE 209 (1920). i 4. Jonas v. Fleming Town Bd. E Zoning Bd. of Appeals, 51 Ad2d 473, 382 NYS 2d 394 (4th Dept 1976). 5. I.C. 36-7-4. 6. Euclid v. Ambler Realty Co., 272 U.S. 365, 47 5 Ct 114, 71 L Ed 303 (1926T. 7. Cf Zahn v. Bd. of Pub. Works, 274 U.S. 325, 47 S Ct 574, 71 L Ed 107 1927 ; and Garieb v. Fox, 274 U.S. 603, 47 S. Ct. 675, 71 L Ed 1228 (1927). 8. Cf Sup. Ct. in Nectow v. Cambrid a (U.S. 183, 48 5. Ct. 447, 72 L Ed 842 (19-19F. 9. Cf Scrutton v. County of Sacramento, 275, Cal App 2nd, 79 Cal Rptr 872 (1969); Troiano v. Zoning Comm'n of Town of No. Bran- ford, 155 Conn 265, 231 A2d 536 (1967); and, Trust Co of Chicago v. City of Chicago, 408 Ill 91, 96 NE 2nd 499—T79 -57i. 10. Cf State v. Bessent, 27 Wisc. 2d 537, 135 NW 2d 317 (1965). ll.lbid., and J.D. Construction Co. v. Bd. of Ad'., 119 NJ Super 140, 290 A2d 452 1972 T. 12.1bid., and Fischer v. Bedminster Twp., 11 NJ 194, 93 AU 378 (1952)• 13.For a more complete discussion of this subject, see Mathew Bender, Book V, Chapter III, Sections 11.01,11.02 and 11.03. 14.Cf 421 US 50, 96 S Ct 2440, 49 L Ed 2d 310, reh denied 97 S Ct 191 (1976) , rev'd 518 F2d 1014 (6th Cir 1975) . 0 FEDERAL WAY CITY ATTORNEY 0 F: A Report On Zoning And Other Methods" Of Regulating Adull Entertainment In Amari//o September 12, 1977 PLANNING DEPARTMENT CITY OF AMARILLO, TEXAS Study 6 Exhibit 1 #1 Ama_: Z-1 A REPORT ON ZONING AND OTHER METHODS OF REGULATING ADULT ENTERTAINMENT IN AMARILLO Jerry Ammerman Commissioner No. 1 Houston Deford Commissioner No. 2 CITY COMMISSION Jerry H. Hodge Mayor John S. Stiff City Manager PLANNING AND ZONING COMMISSION W. E. (Bill) Juett Chairman U. C. Sterquell, Jr., Vice -Chairman Ronald Edmondson Jack Hazlewood Curtis A. Crofford Commissioner No. 3 J. Dean Christy Commissioner No. 4 Herbert Johnson Martin G. Manwarren Marvin Winton PLANNING STAFF H. Dale Williamson Director of Planning, Traffic and Code Enforcement Secretary, P14nning and Zoning Commission J D Smith, Jr. Chief Planner Donna Stanley, Planner II Geno Wilson, Draftsman II Gary Dumas, Planner I Steve Rodriquez, Draftsman I Michael D. Moore, Planner I Gail Beck, Secretary III Tom Horton, Draftsman II Maxine Hawk, Clerk II September 12, 1977 PREFACE k This report presents the findings of the Amarillo Planning Department regarding i the adult entertainment industry within the confines of the Amarillo City Limits. i These findings analyze the land use effects of adult entertainment businesses and alternatives for their regulation. Adult entertainment businesses are those that customarily are not open to the general public by the exclusion of minors by reason ( of age. f Presently, the only authority available to a city for regulating adult businesses 1 is the city's power to zone and license. These methods of control have been sanctioned by the Young 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, proscribed 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. A REPORT ON ZONING AND OTHER METHODS OF REGULATING ADULT ENTERTAINMENT IN AMARILLO INTRODUCTION This report on the current extent of pornography in Amarillo was initiated 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. The 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 control, 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 location 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 tie municipality, the City must decide where such uses are to be located. METHOD OF ANALYSIS I 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 cities 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 and the extent to which Amarillo, 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: 1. "Obscene material is not protected by the First Amendment, Roth v United States, 354, U.S. 476, 77 S. Ct. 1307, 1L. Ed. 2d 1498, reaffirmed. 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." 2. "The basic guidelines for the trier of fact must be: (a) whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest, Roth, Supra, at 489, 77 S. Ct. at 1311; (b) whether the work depicts j or describes, in a patently offensive way, sexual conduct specifically 11 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." Y -2- 3: "The jury may measure the essentially factual issues of prurient appeal and patent offensiveness by the standard that prevails in the forum community, and need not employ a 'national standard'." As stated above the basic guideline for determining what is obscene is through an evaluation of the material utilizing the forum community standard. In Smith v United States, 97 S. Ct. 1756 (1977) the Court amplified its consideration of the community standard when it stated that community standards are required to be applied by the jury in accordance with its understanding of the tolerance of the average person in the community. The result being that the jury has the discretion to determine what appeals to the prurient interests and what is patently offensive in its community. "State law cannot define the. contemporary community standards for appeal to the prurient interest and patent offensiveness that under Miller v California are applied in determining whether or not material is obscene . . . Though state legislatures are not completely foreclosed from setting substantive 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 of Chapter 43 which regulates 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) depicts or describes sexual conduct in a patently offensive way; and (C) lacks serious literary, artistic, political, or scientific value. (2) "Material" means a book, magazine, newspaper, or other printed or written materi.al; 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. -3- (3) "Prurient interest" means an interest in sexual conduct that goes sub- stantially beyond customary limits of candor in description or represent- ation of such conduct. If it appears from the character of the material or the circumstances of its dissemination that the subject matter is de- signed for a specially susceptible audience, the appeal of the subject matter shall be judged with reference to such audience. (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; (B) any contact between the female sex organ and the male sex organ; C any contact between a person's mouth or genitals and the anus or genitals of an animal or fowl; or (D) patently o5fensive representations of masturbation or excretory functions. 43.22. Obscene Display of Distribution (a) A person commits an offense if 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. i (b) An offense under this section is a Class C misdemeanor. 43.23. Commercial Obscenity I (a) A person commits an offense if,, knowing the content of the material: (1) he sells, commercially distributes, commercially exhibits, or possesses for sale, commercial distribution, or commercial exhibition any obscene material; (2) he presents or directs an obscene play, dance, or performance or i participates in that portion of the play, dance, or performance that makes it obscene; or (3) he hires, employs, or othe n -rise 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 1 1 (a) For purposes of this section; C -I i / -4- t 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, nudity, or excretion; (B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and (C) is utterly without redeeming social value for minors. (b) A person commits an offense if, knowing that the material is harmful: j (1) and knowing the person is a minor, he sells, distributes, 1` 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; j or (3) he hires, employes, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in Subsection ` (b)(1) of (b)(2) of this section. (c) It is a defense to prosecution under this section that: 1 (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 j committed under Subsection (b�(3) of this section in which event it is i a felony of the third degree. The preceding has outlined the substantive limitations of 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 Di stri ct and County Attorneys. tThe remainder of this report will concern the controls that the City may 1 impose to regulate the adult -only industry through land use controls, licensing, and measures to assure that minors will not be allowed to purchase or view the display of pornographic material in commercial businesses. THE NATIONAL PROBLEM/CITIES Urban areas across the nation are beginning a crackdmgn on the growth 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- partially founded upon the Supreme Court.decision in Young v American Mini Theater. This decision, affirming the City of Detroit's police power ability to zone adult i 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 Young v American Mini Theaters makes clear the Supreme Court view of adult entertainment and zoning: Though the First Amendment protects communication 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 i-ts neighborhoods adequately support the limitation imposed . . . on the place where adult films may be exhibited. As a result of Young v Am rican Mini Theaters, several cities have initiated zoning ordinances similar to Detroit's to control the proliferation 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 certain 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 cf 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 r to constant update as the adult entertainment industry implements new techniques for the dissemination of its product. The following list illustrates some of the -6- kinds of pornographic adult businesses that could have a blighting effect upon a neighborhood if allowed to grow uncontrolled. The list also points to the problem of C attempting to define each new adult business. Pornographic Adult Businesses Adult bookstores 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, laws governing massage parlors were tightened forcing most to close 5 As a result, shoeshine shops, where you can lie down while getting your shoes shined and providinq the same service as the massage parlor, were opened. The City was 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 were under attack. A quick 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 entertainment industry. They are: 1. The Boston, Massachusetts approach. In 1974 Boston was the first city in the nation to put its official stamp on the adult entertainment zone. Boston created a special zoning category for adult bookstores, peep -7- shows, x -rated movies and strip joints. This zone was a special overlay district applying to only seven acres of the City's space. The overlay zone had two main purposes: (A) The City wanted to concentrate similar adult entertainment uses into a single small area; and (B) the City wanted to prevent the spread of these uses to other areas of the City. The district approach has certain advantages over a case by case zoning approach. 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. Thd limited confines of the district boundary reduces the potential for new development. The district approach also reduces the opportunity for arbitrary and subjective de- 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 higher, as will related traffic and parking costs. These costs though can be determined. Permits can be required and the fees for these can reflect the true costs to the community. 2. 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 -roar" 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 - row" uses and spreading them throughout the commercial and industrial areas of the City. After "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 Young 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 administrative 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. ma Other cities such as Santa Maria, California, have chosen licensing as their primary approach to regulating adult businesses. Licensing approaches have been _t adopted in order to maintain certain minimum standards at places of adult entertain- ment. The licensing mechanism is designed to regulate entertainment businesses which also provide food, alcoholic beverages or exhibition of the human body. Licensing outlines required performance standards and -sets fees and required deposits Ias 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, LOCATION OF ADULT ENTERTAINMENT IN AMARILLO, illustrates the general location of the majority of businesses whose activities include catering to the adult -only market. As the attached map indicates, adult businesses in Amarillo have generally tended to congregate into several areas in a strip fashion along major thoroughfares. The Amarillo Police Department in a statistical analysis of street crimes (rape, robbery, all assaults, theft from persons, auto burglary, driving under the influence, public intoxication, vandalism and illegal weapons) round that the incidence of street crimes was significantly greater around the concentrations of adult -only businesses than the overall City average. The Police Department went further in their analysis and noted that these street crimes were 2-1/2 times the City average in the immediate vicinity of alcohol only adult businesses, and 1-1/2 times the City average immediately surrounding businesses featuring alcohol and semi-nude entertainment. In reviewing these facts relative 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 somewhat isolate themselves from other adult -only establishments. 1 T Outlets for adult -only material in the City include several book stores, drug stores, grocery stores, etc., with sections of books and magazines featuring nudity and nonexplicit sexual activity. Pornographic publications featuring nudity with explicit sexual activity, are.available within the City in only seven known loca- tions, three being adult theaters with books, magazines, novelties and peep shows. 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 discerned from this overview of the extent of pornography distribu- tion within the City, our current problem is not great. However, the following 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 1955 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 anon the case forcing the City to grant the license. In 1973 an adult book store opened, complete with sex novelties and movies. Also in 1973 a popular lounge hired totally nude dancers. Four competitors soon followed suit. Finally the. City gained its first massage parlor.b 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 regulate the anticipated growth could lead to (a) concentrations of adult entertainment businesses creating a crime incidence condition equal to or greater than the current situation around concentrations of alcohol only businesses, and (b) a proliferation of adult entertainment businesses in and around residential areas and other family or juvenile oriented activities.. it • f POSSIBLE CONTROL MECHANISMS OF ADULT BUSINESSES IN AMARILLO Adult businesses in Amarillo are comprised of taverns, lounges, lounges with semi-nude entertainment, adult bookstores and adult theaters. Various state and local laws currently regulate to certain extents each of these uses. The Texas Liquor Control Act regulates all businesses selling alcoholic beverages, after 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 i 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 appropriate court,is generally a slow and tedious process requiring manpower that is not avail- able for this type of low priority victimless crime. The maintenance of the minimum a 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 intrinsic limitations of enforcement of the Penal Code, an approach to_a more definite control of these businesses is through a strengthening of zoning regulations specifically defined to moderate the land use impact of adult -only j -12- businesses. Coincidentally with the improved zoning regulations, a license and permit mechanism can be implemented. This mechanism can set and require compliance r with minimum standards of operation for various adult businesses and recover actual jor expected expenses incurred in their enforcement through annual permit fees. These fees can reimburse the City for the added costs of police patrols, improved streets, additional street lighting to reduce accident and crime potential, routine City Depart- ment inspection, etc. These measures would generally be applied to all adult -only businesses. No 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 preceeding zoning purposes. Licensing adult -only businesses cSQ 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, maintenance of 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 services 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 revocation would be for violation of the performance standards as defined explicitly -13- in the City Code's standards for operations of an adult business. Performance standa would of course be required to vary in content relative to controlled adult business Adult business licenses should not attempt to regulate the land use effect of the use on the neighborhood or community, but should be utilized to assure perform- 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 • i 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. SUMMARY 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 analysis: 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 immediately surrounding the adult -only businesses analyzed. -14- - .1 2. Concentrations of these adult -only activities have detrimental effects upon surrounding residential and commercial activities. These effects are caused by (a) the noise, lighting and traffic generated by the pedestrian and vehicular traffic frequenting these businesses whose primary hours of operation are from late evening 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 established. This avoidance and other factors can lead to the deterioration of surrounding commercial and residential activities. Other cities have noted these effects of adult -only businesses and have attempted 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, adult motels, arcades, 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 1000 feet of another regulated use. In Amarillo,adult uses are currently allowed in general retail and all less restrictive zoning districts. If Amarillo adopted 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 commercial strip developments less than 500 feet wide along 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. -15- D. Concurrent with any zoning ordinance revisions designed to control adult uses, a permit and license mechanism should also be developed. The minimum operational standards specified by the license will vary according to the type of business to be regulated. E. Any zoning ordinance amendments concerned with adult businesses should provide provisions to regulate signs and similar forms of advertising. F. The City Commission should encourage a vigorous enforcement of the State Penal 1 Code to remove illegitimate uses. Especially important is that portion.o.f the j -16- ) I RECOMMENDATIONS FOR THE CONTROL OF ADULT -ONLY BUSINESSES IN AMARILLO 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 adult - only businesses and businesses which display generally circulated pornographic material, the Planning Department would recommend the following: A. Any zoning ordinance amendments proposed to regulate 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 dispersed i rather than concentrated. This distance should be measured radially from property line to property line and should be at least 1,000 feet. Requirements j 1 designed to maintain the integrity of residential zones and other areas where there is there considerable traffic in juvenile or family oriented activities should be adequate for the purpose but should not be overly restrictive. C. Should the City develop amendments to the Code of Ordinances designed to control the site location choices of adult entertainment businesses, it may be desirable to specify an amortized termination schedule for any existing adult business which does not meet the minimum site location standards as specified in the Ordinance. D. Concurrent with any zoning ordinance revisions designed to control adult uses, a permit and license mechanism should also be developed. The minimum operational standards specified by the license will vary according to the type of business to be regulated. E. Any zoning ordinance amendments concerned with adult businesses should provide provisions to regulate signs and similar forms of advertising. F. The City Commission should encourage a vigorous enforcement of the State Penal 1 Code to remove illegitimate uses. Especially important is that portion.o.f the j -16- ) Penal Code which protects minors from all pornographic material. The City should impose specific amendments to the Code of Ordinances requiring businesses publicly displaying generally circulated pornographic material to prohibit minors, by an enforced physical barrier, from viewing or purchasing pornographic material. If the City Commission, follading a recommendation from the Planning and Zoning Commission, 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 Commission. The Planning and Zoning Commission 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. i -17- 1 Zoning for the Pornographic Arts, City Development Department, August, 1976, Kansas City, Missouri 2 The cases reviewed in depth were: A. Young v American Mini Theaters, Inc., 96 S. Ct. 2440 (1976). 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. B. 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 I basis for the Texas Penal Code Chapter 43, Public Indecency. C. Smith v United States, 97 S. Ct. 1756 (19.77),..Paris.Adult Theatre I v Slaton, 93 S. Ct. 2629 973 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 r state community standards determining prurient appeal and patent offensiveness on a case by case basis. I 3 Amended by Act 1975, 64th Leg., p 372, - Ch. 163, j 1, eff. September 1, 1975. 4 Acts 1973, 63rd Leg.,p 883, Ch. 399, 1 11; eff. January 1, 1974. 5 U.S. News & World Report, September 13, 1976, p. 76. 6 Time, April 5, 1976. i i 1 1 1 I I I I I I I I I I i Adult Entertainment Study Department of City Planning City of New York Rudolph W. Giuliani, Mayor Department of City Planning Joseph B. Rose, Director Second Printing November, 1994 DCP# 94-08 Study C _. Exhibit 1 #4 Fable of Contents Page EXECUTIVE SUMMARY....................................I....... i I. Introduction Study objectives ............................................ I Definition of adult entertainment establishments ...................... 1 II. Studies and Regulations in Other Localities Impacts found in other localities ................................. 3 Regulations in other localities ................................... 9 III. The Adult Entertainment Industry Industry trends ............................................ 15 Inventory and trends, by location and type ........................... 18 Industry views ......................................... _... 25 IV. Adult Entertainment Zoning in New York City Current zoning ............................................ 29 Prior zoning proposals in NYC ................................. 32 V. Adult Entertainment Impacts in New York City Impacts identified by the City Planning Commission, 1977 .............. 35 Impacts identified by the Office of Midtown Enforcement .............. 36 Impacts identified in the Chelsea Busine$s Survey .................... 38 Impacts identified at the public hearing of the Task Force on the Regulation of Sex -Related Businesses ............................ 39 Impacts identified in the Times Square Business Improvement District Study . 40 LImpacts identified in newspaper reports and correspondence ............. 42 VI. Survey of Adult Entertainment Uses Summary survey results 49 Analysis of criminal complaint data .............................. 55 MAnalysis of property assessed values ............................. 57 VII. Overall Study Findings and Conclusion ............................ 59 APPENDICES A. Study Areas 4 B. DCP Survey of Adult Entertainment Establishments, Fall 1993 rxr EXECUTIVE SUMMARY Municipalities throughout the country regulate the locations of adult entertainment establish- ments to limit their impacts on neighborhoods and the quality of life. Despite the recent proliferation of such uses in New York City — an increase of 35 percent in 10 years — 1 current zoning regulations do not distinguish adult entertainment establishments from similar commercial uses without an "adult character." For example, triple -X ()XX) video stores and 1 video stores that do not purvey pornography are regulated identically in the Zoning Resolu- tion. The Department of City Planning (DCP) undertook the "Adult Entertainment Study" to 1 determine the nature and extent of the secondary impacts of adult entertainment uses on J communities in the city. The Study includes: (1) a survey of existing studies concerning the impacts of adult entertainment establishments and regulations of such establishments in other localities; (2) a description of the adult entertainment business in New York City; (3) a review of studies and reports on adult entertainment establishments in New York City; (4) a DCP survey of the impacts such establishments have on communities in the City; and, (5) overall study findings and conclusion. IBackground In 1977, after concluding that adult entertainment uses had negative impacts on communities, the City Planning Commission (CPC) proposed new t zoning regulations distinguishing adult entertainment uses and restricting their potential locations. The proposal was withdrawn at 1 the Board of Estimate due to a lack of consensus regarding the appropriate extent of such regulations and concern that the regulations being proposed might result in the movement of adult uses to new locations. The recent proliferation of adult entertainment establishments, often identified by graphic signage, has led to widespread concern about potential deterioration in the quality of life in many of the city's neighborhoods. Some residents, concerned about the negative impacts of Gadult uses in their neighborhoods and fearful of the potential results of proliferation, have organized ad hoc groups and appealed to local officials to have them closed down. Such local opposition ultimately -resulted in the voluntary closing- of–adult video stores and bars in Astoria, Jackson Heights, Chelsea, Murray Hill, Forest Hills, and Bay Ridge. Two bills have been introduced in the City Council to regulate the location of adult entertainment uses. A resolution has also been introduced at the Council calling for zoning amendments to restrict M adult entertainment uses. The consensus among those expressing opposition to the operation of adult uses is that adult entertainment establishments have a negative impact on the communities in which they are located. These impacts include: inappropriate exposure of children and teenagers to graphic sexual images, increased crime, diminishing property values, adverse effects upon the climate for other types of commercial activities, and overall negative influences upon community character. Recent Trends in the Location of Adult Entertainment Uses After burgeoning growth in the early 1970's, the number of adult entertainment establish- ments in the city declined by 13 percent from 151 in 1976 to 131 in 1984.' By 1993, however, DCP identified 177 such establishments with assistance from the 59 Community Boards. This represents an increase of 35 percent over the last decade. Should this growth continue at the same rate, an additional 60 adult entertainment establishments will be operating in the city by the year 2002. The DCP survey focused on three types of uses: triple -X video and bookstores, adult live or movie theaters, and topless or nude bars. These adult uses were further limited to those which identified themselves as "adult," through signage or other advertising. The survey may understate the total number of adult entertainment uses. The locations of these establishments are shown on a map following page 19. More than 75 percent of the adult establishments were located in zoning districts that ' permit residences. Since the survey was completed, several new adult entertainment establishment have opened. The production and distribution of sexually explicit materials has changed dramatically in recent years. Adult material is more readily accessible than it used to be, and a greater variety of products are available to segments of the adult entertainment audience - both inexpensive material and fancier entertainment are more readily available than ten years ago. In particular, triple -X videos are now produced cheaply and sold for prices below $5, whereas only a few years ago adult films commanded prices of approximately $100. In addition there are more topless bars than previously, due to a proliferation of topless bars affecting an "upscale" image. Partially as a result of these changes in the adult use industry, adult entertainment establishments are now found more widely throughout the city. -` t ' Historical data was obtained from various sources. Caution should be exercised in interpreting trend data E' because the defining characteristics of adult use may vary among sources. In terms of their location, adult entertainment uses have continued an historical tendency to concentrate in specific areas. Over the last ten years most adult entertainment establishments 1 have continued to concentrate within a few community districts in Manhattan. However, within that period the number of community districts citywide with seven or more adult entertainment establishments nearly tripled, from three to eight. Between 1984 and 1993, the number of adult �. bookstores/peep shows/video stores increased citywide from 29 to 86 establishments. Within this category, 74 percent consisted of adult video stores, none of which were noted in the 1984 survey. Adult movie and live theaters continued to decline from 48 _ in 1984 to 23 in 1993. Topless and nude bars increased by 26 percent in the same time period, from 54 to 68. Impacts Found and Regulations in Other Localities Other jurisdictions that have studied the effects of adult entertainment uses have consistently found that these uses have negative secondary impacts. This has been the case for large cities (such as Chicago and Los Angeles), medium-sized cities (such as Austin, Texas) and small villages (such as Islip, New York). Similar negative secondary impacts (e.g., a relationship i between the concentration of adult entertainment uses and increased incidence of crime) have been found despite widespread variation in land use patterns and other local conditions. While New York may differ from these other jurisdictions in certain respects, their experience with ii adult entertainment uses is highly relevant to consideration of the need for some form of 1 regulation. Both the United States Supreme Court a4d the New York Court of Appeals have recognized that, in adopting regulations, a municipality may rely on the experiences of other jurisdictions that have determined that adult uses have secondary impacts. Relevant studies from other jurisdictions include the following: The Town of Islip, in Suffolk County on Long Island, prohibited adult uses from locating in downtown commercial areas because they would produce a "dead zone" that shoppers would avoid. Other government efforts to revitalize or stabilize these areas and attract private investment would be impacted negatively. The Cit of Indianapolis, Indiana, conducted national and local surveys of real estate Y P Y t appraisers regarding. -the impact of.. adult uses on property values in middle-income } residential neighborhoods. A majority of the appraisers, seventy five percent, responded that such a use located within one block of such a residential neighborhood would have a negative effect on the value of both residential and commercial properties. fill 1 The City of Whittier, California, in a study of the impacts of adult establishments found higher turnover rates in commercial and residential areas adjacent to adult uses. The study also compared 38 types of criminal activity over two time periods, showing a total increase of 102 percent for the study area containing adult businesses, 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 areas containing similar land uses but no adult businesses, and found a sex crimes rate between two and five times greater in the areas with adult businesses. The'study also showed that the sex-related crime rate was 66 percent higher in areas having two or more adult businesses than in those areas having only one such business. Phoenix, Arizona, studied the relationship between arrests for sex crimes and the locations of adult businesses, and found an overall increase of six times the sex crime rate in the study areas with adult uses over the control areas without such uses. _ The State of Minnesota reported that a study conducted in that state examining the effects of sexually -oriented businesses upon property values and crime rates indicated that such businesses had a strong negative impact on the crime rate. The addition of one sexually - oriented business to a census tract area caused an increase in the overall crime rate index in that area by more than nine percent. In another state study, it was determined that there was a statistically significant correlation between the location of adult businesses and neighborhood deterioration. Housing valued were significantly lower in an area with three adult businesses than in an area with only one adult business. Also, there was a significantly higher crime rate associated with two adult businesses in an area than was associated with only one adult business in an area. Many other cities currently regulate adult uses differently from other commercial uses i and several of these are discussed later in this study. Most often, these regulations disperse such uses rather than concentrating them in any particular area of the.munici- pality and may also exclude them from certain areas. For example, Los Angeles, California, generally prohibits new adult uses from locating within a certain distance of another such use. Los Angeles enacted its dispersal zoning after a study concluded that the concentration of adult uses had negative impacts on criminal activity, property values, and public perceptions of the quality of life. tv d Impacts Identified in Studies in New York City Several studies have identified the impacts associated with adult entertainment establishments in New York City. In 1977, the City. Planning Commission proposed a zoning plan to limit the concentration of adult uses after relating the proliferation of such establishments to economic decline, and finding a linkage between increased numbers of felonies and the concentrations of adult uses. In 1993, the Chelsea Business Survey concluded, after surveying lQ0. businesses located in that community, that dispersal zoning should be enacted to prevent the transformation of Chelsea into a red light district. A majority of the businesses surveyed felt that a recent proliferation of adult entertainment establishments in Chelsea had hurt them economically. This year, the Times Square Business Improvement District (TSBID), after conducting a study of the secondary effects of the concentration of adult use establishments in the Tunes Square area, called for the dispersal of adult uses in commercial and manufacturing areas. The TSBID study shows that the rate of increase in assessed values for blocks with an adult use did not increase as much as the rate of increase on nearby control blocks without adult uses. The study also notes that there were almost twice as many complaints about crime for the study blocks with adult establishments as nearby control blocks without adult uses. Property and business owners expressed the view that adult uses located in the area, particularly in concentration, have had a negative impact on their businesses, deterring potential customers. DCP, as part of this Study, selected six study areas where adult uses were located. Because Times Square was already being studied by TSBID, DCP selected study areas which had lesser concentrations of adult uses. Most of the areas are in the other boroughs and in some cases contained only a single isolated adult entertainment use. DCP surveyed representatives from community boards, local organizations and local businesses, as well as real estate brokers, police and sanitation officers, and representatives of the adult entertainment industry to gather information on land use, street conditions, signage, and impacts. An analysis of assessed values and crime data was also made. The six study areas are shown on the map following page 49. Many residents and community organizations cited adult entertainment establishments as having significant or potentially significant negative impacts in their communities. Real estate brokers indicated that such establishments have negative impacts on property values. These findings are consistent with the data found in the TSBID study and the Chelsea Business Survey, along with other data described in more detail in this report. V In some cases, particularly in study areas with only one adult entertainment establishment, the DCP survey did not yield conclusive evidence of a direct relationship between the adult use and the urban ills affecting the community. This reflects the fact that, in a city as dense and diverse as New York, it is difficult to isolate specific impacts attributable to any particular land use. Other cities that have conducted similar studies have acknowledged this same difficulty. For instance, the Los Angeles City Planning Department concluded that while assessed valuation of properties in areas characterized by adult uses "generally" tended to increase to a lesser degree than similar control areas, "there was insufficient evidence to support the contention that concentrations of sex-related businesses have been the primary cause of these patterns". Adult entertainment businesses were nevertheless perceived by the majority of the Los Angeles respondents as exerting a negative impact on surrounding business and residential properties. Whether or not such negative impacts had actually occurred, or were only perceived to have occurred, could not always be determined by the survey, but the study concluded that "in terms of the attitudes of the respondents towards such businesses, the conclusion must be drawn that the overall effect on surrounding properties is considered to be negative." DCP's survey identified strong concerns about the negative impacts of adult uses similar to those found in the Los Angeles study. Even in those study areas where it could not be readily determined that negative impacts were already being felt, there was a strong body of opinion, especially among residents, that adult entertainment uses were having negative impacts and that a further proliferation of these uses in the community would lead to a neighborhood deterioration. The experience of urban planners and real estate appraisers indicates that negative perceptions associated with an area can lead to disinvestment in residential neigh- borhoods and a tendency to shun shopping streets where unsavory activities are occurring, leading to economic decline. The forces that influence real estate value are described as follows: "The market value of real property reflects and is affected by the interplay of basic forces that motivate the activities of human beings. These forces, which produce the variables in real estate market values, may be considered in four major categories: social ideals and standards (emphasis added), economic changes and adjustments, governmental controls and regulation, and physical or environmental changes." Z The attitudinal data in the survey is thus significant even in those instances where the current negative impacts of adult entertainment establishments are difficult to measure. Fear of the potential proliferation of adult uses is a well founded concern. Taken alone it may not seem significant if someone smokes in a subway car, scribbles graffiti, jumps a subway b "The Appraisal of Real Property." seventh edition, by the American Institute of Real Estate Appraisers. vi turnstile, aggressively panhandles or squeegees a car windshield, particularly in a city where there are other pressing problems such as homelessness, violent crime and unemployment. But when these small incidents, and establishments, proliferate and accumulate, they can tear at the urban fabric. Similarly, as the city's experience in the Times Square area indicates, the proliferation of adult uses in an area does have significant and potentially devastating impacts �f on the character of a community. The City has adopted an aggressive and comprehensive policy of addressing various quality -of -life issues that has begun to yield beneficial -results. The problems posed by adult entertainment establishments are among the important quality -of -life issues that affect our neighborhoods and communities. Overall Findings and Conclusion • Numerous studies in other localities found that adult entertainment uses have negative secondary impacts such as increased crime rates, deprecia- tion of property values, deterioration of community character and the quality of urban life. • There has been a rapid growth in the number of adult entertainment uses in New York City. Between 1984 and 1993, the number of such uses increased from 131 to 177. The number of video/book stores/peep shows almost tripled and there was a 26 percent increase in topless/nude bars. Adult theaters declined by 52 percent. • Adult entertainment is more readily accessible in NYC than it was ten years ago. There are more such establishments in a greater number of communi- ties. Adult videos are produced in greater ncambers and at lower costs. They are often 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 is also available at newsstands and book stores. • Adult entertainment uses tend to concentrate. The number of community districts with seven or more adult uses increased from three to eight over the last ten years. Seventy five percent of the adult uses are located in ten of the city's 59 Community Districts. In Manhattan, adult uses cluster in central locations, such as the Times Square area. In the other boroughs, adult uses appear to cluster along major vehicular routes, such as Queens Boulevard and Third Avenue in Brooklyn, that connect outer reaches of the city and suburbs to the central business district. r • Studies of adult entertainment uses in areas where they are highly concentrat- ed, such as Tunes Square and Chelsea, identified a number of significant negative secondary impacts. In the Tmes Square area property owners, theater operators and other business people overwhelmingly believe that their Cbusinesses are adversely affected An analysis of criminal complaints indicated �I vu a substantially higher incidence of criminal activity in the 7"cmes Square area where adult uses are most concentrated In addition, the study found that the rate of increase in assessed property values for study blocks with adult uses grew at a slower rate than control blocks without adult uses. • DCP's survey of areas with less dense concentrations of adult uses found fewer impacts than the study of the Times Square area. However, community y leaders expressed concerns that adult uses impact negatively on the community and they strongly fear the potential results of proliferation. • The strongest negative reactions to adult entertainment uses come from residents living near them. • Where respondents 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 respondents typically stated that an increase in such uses would negatively impact them. Community residents fear the consequences of potential proliferation and concentration of adult uses in traditionally neighborhood -oriented shopping f areas and view the appearance of one or more of these uses as a deteriora- tion in the quality of urban life. • Most real estate brokers report that adult entertainment establishments are perceived to negatively affect nearby property values and decrease market values. Eighty percent of the brokers responding to the DCP survey indicated that an adult use would have a negative impact on nearby property values. This is consistent with the responses from a similar national survey of real estate appraisers. • Adult use accessory business signs, are generally larger, more often illuminated, and graphic (sexually -oriented) compared with the signs of I other nearby commercial uses. Community residents view this signage as out of keeping with neighborhood character and are concerned about the exposure of minors to sexual images. Based on these findings, DCP believes it is appropriate to regulate adult entertainment estab- lishments differently from other commercial establishments. The experience of other jurisdictions, the city's historic experience in Times Square, studies performed by the TSBID and the Chelsea Business Survey, and DCP's own survey, establish the negative effects of adult entertainment uses. Consideration of the specific nature and extent of regulations that would be appropriate for adult entertainment establishments in New York City was not within the scope of this Study. However, in light of the negative impacts of adult uses -iii concentration, the following regulatory techniques, which have been used in other jurisdictions, merit consideration in developing adult use regulations: restrictions on the. location of adult uses in proximity to residential areas, to houses of worship, to schools and to each other. viu !, I. INTRODUCTION Study Objectives The Department of City Planning undertook a study to evaluate the nature and extent of adverse impacts associated with adult entertainment uses in other localities and in New York City. The study responds to concerns of city residents, businesses, and elected officials about the proliferation of adult entertainment establishments in various parts of the city. The issues posed by adult uses are complex, and often involve speech or conduct protected by the federal and New York State constitutions. Any 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 (1) a survey of existing studies concerning the impacts of adult entertain- ment establishments and of regulation of such establishments in other localities; (2) a description of the adult entertainment business in New York City; (3) a review of studies and reports on adult entertainment establishments in New York City; (4) a DCP survey of the impacts such establishments have on communities in the City; and (5) a set of overall findings and recommendations. Definition of Adult Entertainment Establishments I - There is a vast array of businesses that may be considered "adult." These include video and 4 bookstores, motels, massage parlors, sex clubs, topless and bottomless or nude bars (not all of which serve alcohol), and peep shows. Materials may include sexually explicit videos or magazines. Services may include body rubs, or entertainment such as nude dancing. For purposes of the DCP survey, an adult entertainment establishment is a commercial use that defines itself as such through exterior signs or other advertisements. Thus, a "triple -X or XXX" video store is an adult entertainment establishment, but a neighborhood video store 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 some consensus that the use is adult. It also means that it is, possible to obtain adult entertainment materials, such as videos and magazines, at establishments that sell primarily non -adult materials and that some businesses that are devoted to adult entertainment but do not publicly proclaim the fact were '1 not included in the DCP survey. The survey was further restricted to three types of such uses: adult video and bookstores, adult live or movie theaters, and topless or nude bars. Other uses directly associated with the commercialization of sex; such as massage parlors or'brothels ! (which are not permitted in New York City), and sex clubs, as well as some of those uses indirectly associated with the commercialization of sex such as discos, motels, newsstands, and candy stores that sell some adult magazines, were excluded from the study. The term "adult use" is technically defined differently from municipality to municipality, but generally refers to a commercial establishment that purveys materials or services of a sexual nature. For example, both the City of Boston, Massachusetts, and the Town of Islip, New York, classify adult book stores to mean those that exclude minors by reason of age? Other cities such as Detroit and Los Angeles classify adult uses on the basis of the content of the materials shown or the types of activities that may be found in adult establishments; the uses emphasize j "specified sexual activities" or "specified anatomical areas.' A movie theater generally showing ` adult films is an example of such a use. A 3 '"The adults -only definition recommended to be applied in the Islip Town ordinance avoids emphasis on the content of material, thereby avoiding Constitutional questions based on the First Amendment, and allowing pornographic uses to define themselves." Study and Recommendations for Adult Entertainment Businesses in the Town of Islip, Town of Islip Department of Planning and Development, 1978. ` "Specified Anatomical Areas" shall mean and include any of the following: (a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or (b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified Sexual Activities" shall mean and include any of the following: (a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; (b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; (c) masturbation, actual or simulated; or (d) Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above. Planning and Zoning Code, Los Angeles, Section 12.70.B.13 -B.14. 2 II. STUDIES AND REGULATIONS IN OTHER LOCALITIES 't Impacts Found in Other Localities DCP reviewed impact studies from the following municipalities: Islip (NY), Los Angeles (CA), Indianapolis (IA), Whittier (CA), Austin (TX), Phoenix (AZ), Manatee County (FL), New Hanover County (NC), and the State of Minnesota. Islip, New York The Town of Islip completed a study of adult uses in September, 1980.3 The study formed the basis of new zoning provisions that allowed adult uses only in Industrial I Districts, by special exception of the Board of Appeals. Adult uses would not be allowed to locate within 500 feet of residential uses and public facilities, nor would they be permitted to locate within one half -mile of another adult use. Islip proposed the one-half mile requirement to prevent a concentration of sex businesses visible to the driving public, thereby hindering the creation of a "combat zone." By limiting adult uses to certain industrial zones, Islip proposed to prevent skid row effects in declining downtown commercial areas. The proposal was expected to further other anti- skid row efforts such as new public investment, the prohibition of certain residential conversions, and restrictions on new bars. It was also formulated to prevent "dead zones" from developing in commercial areas. According to the study, these areas are avoided because shoppers do not want to be associated in any way with adult uses, or have their children walk by adult uses. Citing its case study, Islip indicated that the main complaint about a given adult book store is its proximity to an adjoining residential area. Other impacts included parking in residential areas (store patrons may wish to "hide" their automobile from view by parking away from the adult establishment). The study, relying on newspaper articles, indicated that another impact is the reputed association of the adult book store Verators with organized crime. s "Study and Recommendations for Adult Entertainment Businesses in the Town of Islip," Department of Planning and Development, 1980. 9 Islip's study stated that persons who protested the establishment of the book store feared retaliation: the potential for violence or other illegal behavior is clearly possible."" The individual site analyses identified similar impacts found in the case study. Some establishments were located close to residential areas, causing uncharacteristic parking impacts, night-time activity, noise and dust. Other establishments located in declining downtown areas created dead zones or discouraged shoppers from walking in pedestrian - oriented commercial areas. Los Angeles, California In 1977, the Los Angeles City Planning Department completed a study of adult uses for the Planning Conunittee of the City Council.' The study was intended to determine whether a concentration of adult establishments has a blighting or degrading effect on nearby properties and/or neighborhoods. The study provided a basis for zoning regulations adopted the following year that prohibited adult entertainment businesses within 1,000 feet of another such business or within 500 feet of any religious institution, school or public park. More restrictive provisions were added subsequently. Police- Department statistics indicated a greater proportion of certain crimes in Hollywood (where the largest concentration of adult establishments is found in the city) compared with the city as a whole. Other impacts could be traced to public perceptions. The study examined public testimony and found that many people, particularly the elderly, were afraid to walk the streets in Hollywood. Others had expressed concern that children were being exposed to sexually explicit materials and unsavory persons. Some businesses were no longer remaining open in the evenings and others had left the area allegedly directly or indirectly because of the establishment of adult businesses. Some churches in Hollywood were driving the elderly to services and others were providing private guards in their parking lots. A survey of real estate professionals indicated that the concentration of adult establishments had an adverse economic effect on the value of commercial and residential property. Business 6 Ibid. p.12- "Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles," Los Angeles City Planning Department, June, 1977. 4 ypersons believed that the quality of life and business was adversely affected by litter, graffiti, difficulty in recruiting employees and retaining and attracting customers. Also noted was 1 difficulty in renting office space and keeping desirable tenants. Indianapolis, Indiana The Indianapolis Division of Planning undertook a study, published in 1984, to determine if zoning controls were warranted for adult entertainment businesses! The study recommended that adult uses should be allowed only by special exception in commercial districts oriented beyond a neighborhood, and not within 500 feet of a residential, school, church or park ` property line, or historic area. The Indianapolis study analyzed crime data, including sex crimes, and real estate data, including a national survey of real estate appraisers. The study cautions that the analyses should not be construed as conclusively proving a causal relationship between adult uses and increased crime or decreased property values. However, the study found that major crimes occurred in study areas that contained at least one adult entertainment establishment at a rate that was 23 percent higher than six control areas (similar areas but without adult establish- ments), and 46 percent higher than the Indianapolis Police District. The average sex-related crime rate per 10,000 population in the control areas over a five-year period was 26.2, while that rate for the study areas was 46.4. A survey of real estate professionals was undertaken in conjunction with the Indiana University School of Business' Division of. Researdh. It consisted of a 20 percent random sample of nationwide members of the American Institute of Real Estate Appraisers and a 100 percent sample of Member Appraisers Institute members who practiced in 22 Metropolitan Statistical Areas (MSA) of a size similar to Indianapolis. The appraisers were asked to give their "best professional opinion" about property values in a hypothetical situation where an adult bookstore was about to locate in a middle-income, residential neighborhood. A majority of appraisers (75%) responding to the national survey thought that an adult bookstore located within one block would have a negative effect on the value of both residential (80%) and commercial (72%) properties. At a distance of three blocks, 71 percent thought that the impact of an adult bookstore fell off sharply so that the impact was negligible on both residential (64%) and commercial (77%) properties. s "Adult Entertainment Businesses in Indianapolis. An Analysis," Division of Planning, 1984. 5 Whittier, California In 1978, the City of Whittier, citing 'operational characteristics which may have a deleterious effect on immediately adjacent residential and commercial areas," defined and regulated adult uses through a conditional use permit.9 The urgency measure was based on the Detroit dispersal model, pending a planning study of adult businesses and subsequent legislation, if necessary. The purpose of the study and eventual legislation was to protect adjacent commer- cial and residential districts within the City from the "possible blighting or downgrading effect of adult businesses although the study cautioned, however, that adult businesses were only one of a variety of factors influencing the study areas. The study found higher turnover rates in commercial and residential areas adjacent to adult uses. A compilation of police statistics indicated that all of the nude model studios and three massage parlors were actively involved in prostitution and that a number of assaults and thefts had occurred on the premises. There were also numerous reports of excessive noise, drunkenness and pornographic litter connected to adult businesses. A comparison of 38 types Lof criminal activity between two time periods, 1970-73 and 1974-77, showed a total increase of 102 percent for the study area containing adult businesses while the city, as a whole, only had an eight percent increase. Citizens testified at several public hearings about their fears of walking on nearby streets, of their children being confronted by offensive individuals or exposed to sexually explicit material, and some reported that businesses had left the area. The report discussed the difficulty of assessing the moral and emotional impact of adult businesses on a neighborhood but suggested that it could be gauged by community outrage. I The study concluded that the prolonged concentration of adult businesses adversely impacts neighborhoods, based on experiences in other municipalities, and recommended the regulation of a variety of defined sexually -oriented businesses by locational restrictions within portions r of industrial areas and shopping centers subject to a conditional use permit. Austin, Texas r In 1986, the Ci of Austin conducted a stud to provide a factual basis for the development City Y of a new ordinance regulating adult-oriented businesses.10 Y , I 9 "Staff Report, Whittier City Planning Commission, Amendment to Zoning Regulations, Adult Businesses r in C-2 Zone with Conditional Use Permit (Case No. 353.015), January 9, 1978. 10 "Report On Adult Oriented Businesses in Austin," Office of Land Development Services, City of Austin, May 19, 1986. 6 The study analyzed crime rates, comparing areas with adult businesses to other areas ( containing similar land uses but no adult businesses. The results were that the sex-related crime rate was between two and five times greater in the areas with adult businesses. The study also showed that the sex-related crime rate was 66 percent higher in areas having two or more adult businesses than in those areas having only one such business. The study included a survey of 120 real estate brokers and appraisal firms. The results showed that 88 percent of the respondents believed the presence of an adult business would decrease property values of residential property within a one -block radius and 69 percent felt an adult use would reduce the value of commercial property within the same radius. Phoenix, Arizona In 1979, the Planning Department of Phoenix designed a study to determined if there was a relationship between arrests for sex crimes and the locations of adult businesses. t' The number of property crimes, violent crimes and sex-related crimes in 1978 were compared for three study areas containing adult businesses and three otherwise similar control areas that did not contain adult businesses. There was a significantly greater difference between the study and control areas for sex- related crimes than for property or violent crimes: an overall increase of six times the sex crime rate in the study areas over the control areas. Although more than half of the arrests for sex crimes were for indecent exposure, the remainder of sex crimes remained significantly high. In one study area with a concentration of adult businesses and the highest number of reported sex crimes for the areas studied, 89 percent bf the reported indecent exposure cases were committed at the addresses of the adult businesses. When compared to its control area, the sex crime rate (per 1,000 residences) for that study area, was over 11 times greater; in the remaining two study areas, which each contained one adult business, the sex crimes rate was four times and almost three times as great as the comparable control areas. Minnesota In 1988, the Attorney General of Minnesota formed a Working Group on the Regulation of Sexually -Oriented Businesses to review data presented by various jurisdictions within the state. 12 I _ 11 "Adult Business Study," Planning Department, City of Phoenix, May 25, 1979. 12 Report of the (Minnesota) Attorney General's Working Group on the Regulation of Sexually -Oriented f Businesses, June 6, 1989. I 7 In 1980, the Minneapolis Crime Prevention Center examined the effects of sexually -oriented businesses upon property values and crime rates. The study concluded that such businesses concentrate in areas which are relatively deteriorated but, at most, they may slightly contribute to the continued depression of property values. However, it was clear that sexually - oriented businesses had a strong negative impact on the crime rate. The addition of one sexually -oriented business to a census tract area caused an increase in the overall crime rate index in that area by slightly more than nine percent per 1,000 people/year. In 1978, the St. Paul Division of Planning and the Minnesota Crime Control Planning Board conducted a joint study of the relationship between adult uses and neighborhood blight. They found a statistically significant correlation between the location of adult businesses and neighborhood deterioration, although adult businesses tend to locate in somewhat deteriorated Housing values were significantly lower in an area with three adult businesses than in an area with only one adult business. There was a significantly higher crime rate associated with two adult businesses in an area than was associated with only one adult business in an area. Manatee County, Florida The Planning and Development Department of Manatee County undertook a study to investigate the impact of a proposed adult entertainment ordinance.13 The study recom- mended that adult uses be limited to commercial locations at least 500 feet from a residential district and 2,000 feet from churches, schools, child care facilities and public recreation areas. Also, no adult establishment should be located within 1,000 feet.of another such use. Manatee County relied on studies of other cities to identify the likely impacts of adult entertainment establishments. In addition to those of Boston, Detroit, Los Angeles and Indianapolis, studies from the following cities were reviewed: Austin, Texas; Phoenix, Arizona; Saint Paul, Minnesota; Amarillo, Texas; and, Beaumont, Texas. Impacts found -in these studies included a relatively high incidence of crime including sex-related crimes, declining neighborhood conditions, a statistically significant decrease in residential property t value when more than two adult bars were found in an area, increased glare, noise, and i traffic, and a decline of neighborhood -oriented businesses. f ■ 13 "Adult Entertainment Business Study for Manatee County," Manatee County Planning and Development Department, June 1987. 8 Among the study recommendations, Manatee County notes: The sign is often the most notable physical element of an adult entertainment business. Adult entertainment signs should be controlled to protect the gelteral public from the negative aesthetics of "poor -taste." Sign controls should be consid- ered which still protect a business's freedom to advertise, but also minimize public's exposure to such uses. New Hanover County, North Carolina In July, 1989, the New Hanover County Planning Department published a study in support of proposed zoning text amendments designed to control the location of adult entertainment businesses.14 The one or two adult businesses located in the County had not generally been a problem; the proposed zoning regulations were considered preventative. New Hanover, like Manatee County, relied on studies of other cities to predicate its proposed zoning text amendments.15 Potential adverse impacts from adult uses and adult uses in concentration could be anticipated, according to the report, based on studies completed in Boston, Detroit, Los Angeles, Indianapolis, Beaumont, Phoenix, Amarillo, and others. Those - impacts have been identified in the discussion, above. Regulations in Other Localities In communities throughout the United States, adult entertainment uses have appeared recently within or close to -stable residential areas, leading many communities to adopt rules placing locational and other restrictions on these uses. In the New York metropolitan area, many Long Island communities (Islip, Brookhaven, Smithtown, Babylon, and Huntington, among others) have enacted zoning regulations that restrict the location and operation of adult businesses. In general, these restrictions attempt to protect residential and commercial areas by allowing adult uses only in low -visibility industrial districts. 16 14 "Regulation of Adult Entertainment Establishments in New Hanover County," New Hanover County Planning Department, July, 1989. 13 New Hanover County cites the following studies in its analyses of impacts in other cities: • McClendon, Bruce W., "Zoning for Adults Only," Zoning News, August 1985, pp. 1-3. • Yow, Robert B., "Adult Entertainment Zoning: A Case Study," Carolina Planning, Vol. 7, No. 1, Spring 1981, pp. 33-41. 16 Jim Puzzanghera, "Town OKs 3 -Month Limit On Porn," New York Newsday, North Shore Edition, June 23, 1993, p.31. 9 In St. Petersburg, Florida, the city's 1993 adult entertainment ordinance restricts adult uses to a handful of locations in the city and forces existing adult businesses to move within a year's time." In communities around Atlanta, Georgia, new nude dancing operations now require a rezoning and are prohibited within 1,000 feet of residences and community facilities." Orange County, California, requires a special permit for topless dancing clubs." In Jackson, Mississippi, a 1992 ordinance restricts topless bars and other adult businesses to areas zoned for light industrial uses and requires distances ranging from 250 to 1,000 feet from residential uses and community facilities 20 In San Diego, California, adult entertain- ment is not permitted within 500 feet of a school or home or within 1,000 feet of another adult entertainment use .21 Los Angeles enacted a similar ordinance in 1988.22 Seattle, Washington, recently enacted an ordinance restricting adult stores to manufacturing zones 1,000 feet away from churches, residential areas, schools and play grounds.23 DCP relied on a variety of sources, including the Planners Advisory Service of the American Planning Association, to obtain information about how other cities regulate adult entertain- ment establishments. The Manhattan Borough President's office supplied information obtained f from the National League of Cities, and information that they culled for the Borough 4 President's Task Force on Sex -Related Businesses. Although some of the referenced material f used herein may be dated, and the cities may have adopted more recent regulations, the purpose is to illustrate differences in regulatory strategies. Essentially, two types of zoning regulations have been developed to control adult entertain- ment establishments. The control techniques include the concentration of adult uses in a specified location, and the dispersal of adult uses apart from one another. Dispersal models " Nichole M. Christian, "Vixen Vexes Neighbors," St. Petersburg Times, City Edition, February 6, 1993, p.1. 18 Matt Kempner, "Sugar Hill Sets Tight Restrictions on Nude Clubs," The Atlanta Journal and Constitution, September 14, 1993, p. J-1. 19 Bob Elston, "Orange County Focus: Newport Beach; County Tells Club to Halt Topless Dancing," Los Angeles Times, February 5, 1993, p. B-3. 20 Greg Henderson, "Supreme Court Allows Adult Entertainment Restrictions," Washington News, April 19, 1993. 21 Pauline Repard, "Topless Bar Has Its Eyes on Auto Lot in Chula Vista," The San Diego Union -Tribune, May 12, 1993, p. B-1. 22 Josh Meyer, "City Arms for New Legal War on Porn; Law Enforcement: A Zoning Ordinance Will be the City's Major Weapon as it Seeks to Shut Down Pornography Shops in Hollywood," Los Angeles Times, January 27, 1990, p. B-1. 23 Geordie Wilson, "Tukwila Appeals Anti -Porn Case — Zoning of 'Adult' Outlets At Issue, "The Seattle Times. February 21, 1992, p. B-1. 10 often exclude adult uses from areas in proximity to residential districts while also limiting their concentration where they are permitted. Concentration models are guided by regulations developed for Boston, Massachusetts, dispersion models follow the Detroit, Michigan ordinance. The Detroit dispersal model has been used more often than the Boston concentra- tion model to control the location of adult entertainment establishments. CONCENTRATION MODELS Boston, Massachusetts Boston established a two -block "adult entertainment district" in a downtown area known as the "combat zone," where approximately ninety percent of adult uses in the city were concentrated. The purpose of the district was to prevent the spread of adult uses to other areas of the city. Under the Boston zoning code, an adult entertainment district may be established as an overlay district superimposed upon existing zoning districts. 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 Redevelopment Authority, adult use operators will prohibit attendance by minors in order to avoid violating the Massachusetts obscenity law. The overlay district allows the use of moving or flashing lights prohibited elsewhere in the city, and generally has fewer restrictive sign regulations compared with other Boston I districts. Outside the overlay district, preexisting adult establishments may continue unless they have been abandoned for at least two years. ` Seattle, Washington, and Camden, New Jersey 1 Seattle and Camden have developed zoning regulations generally following the Boston model of concentrating adult uses in one or more specified areas of the city. Seattle allows adult motion picture theaters in only three business and commercial districts. Non -conforming -adult theaters must be discontinued. Camden has set aside a single area of the city where adult uses are permitted. Camden believes such a strategy will facilitate the city's ability to police adult establishments. DISPERSAL MODELS Detroit, Michigan 1 In 1972, Detroit amended its "anti-skid row" zoning ordinance, which prohibited concentrations of certain uses, to include adult theaters, mini -theaters, bookstores and cabarets, characterized by "specified sexual activities" or "specified anatomical areas." Detroit enacted the skid row regulations after a study indicated that the concentration of these businesses "tends to attract an undesirable quantity and quality of transients, adversely affects property values, causes an increase in crime,* especially prostitution, and encourages residents and businesses to move elsewhere. 04 Not more than two adult businesses may be located within 1,000 feet of each other or within 500 feet of a residential area. The Detroit ordinance allowed a waiver of the 1,000 foot regulation upon certain findings by the Zoning Commission; the 500 foot requirement is not subject to the waiver provisions. The Detroit ordinance applied only to prospective uses. Atlanta, Georgia, and Kansas City, Missouri Atlanta prohibits adult bookstores, theaters and entertainment establishments from locating within 1,000 feet from any other such use. Adult uses may not be located within 500 feet of residential uses or houses of worship. An original amortization provision was amended subsequently to apply solely to bath houses and to comply 1 with a judicial decision. 25 In Kansas City, adult bookstores, motion picture theaters, bath houses, massage shops, modeling and body painting studios may be located only in certain commercial districts, over which an overlay is placed. The adult uses may not locate within 1,000 feet of a residence district or a house of worship or school. No more than two uses may be located within 1,000 feet of each other. A petition of consent by a majority of residents or property owners within 1,000 feet of the proposed use may be made to the City Plan Commission to waive the restrictions on location. 1 " Jules B. Gerard, Local Regulation of Adult Businesses, Clark Boardman Callaghan, 1988. 1 =S Rohan, Patrick J., Zoning and Land Use Controls, New York: Matthew Bender & Co., 1988, p. 11 -32, Note 32: "The purpose of this amendment is to make the zoning ordinance conform to the decision of the United States Supreme Court in Young v. American Mini Theatres, Inc., et. aL (Decided June 24, 1976)..." 12 Los Angeles, California ( The Los Angeles ordinance regulates adult arcades, bookstores, res, cabarets, motels, ` motion picture theaters, adult theaters, massage parlors, and sexual encounter establishments. These establishments are characterized by their emphasis on specified sexual activities or specified anatomical areas. The ordinance prohibits the establishment of an adult entertainment business within 1,000 feet of another such business or within 500 feet of any religious institution, school or public park. Los Angeles determined that adult uses, in concentration, result in blighting conditions. A 1984 amendment to the ordinance added that an adult entertainment business may not be located within 500 feet of any lot in an agricultural or residential zone, or within "limited commercial" zones, unless approved by exception .26 No more than one adult use may be located within any building containing another adult entertain- , I ment business. Town of Islip, New York Islip's ordinance is noteworthy in that it has been the subject of litigation reviewed by the New York Court of Appeals.27 Islip defines adult uses to include adult bookstores, drive-in theaters, cabarets, motels, theaters, massage establishments, and peep shows. As in Boston, adult uses are characterized by their exclusion of minors by reason of age. The zoning ordinance restricts the location of adult uses to light industrial districts by special exception of the Zoning Board of Appeals. Adult uses are allowed as -of -right in Industrial Districts, and prohibited from locating within 500 feet of any area zoned 26 Various amendments have been made to the ordinance, including a provision prohibiting, after March 6, 1988, the continued operation of adult businesses located within 500 feet of a residential zone unless a conforming site is not "reasonably available" elsewhere. This provision has been successfully challenged on appeal; the businesses -argued that the city has not provided.them..with a sufficient number of possible - relocation sites, abridging their First Amendment rights. ITopanga Press v. City of Los Angeles, U.S. Court of Appeals, Ninth Cirbuit, 989 F.2d 1524, as reported in Land Use Law and Zoning Digest, Vol. 45, No. 9, September 1993]. 17 Town of Islip v. Caviglia, 542 NYS, 2d 139. 13 TR for residential use, or any school, park or house of worship.' In addition, an adult use may not be located within a one-half mile radius of another such use. These restrictions may be waived based on findings that the proposed use will have no negative impacts. No more than one adult use may be located on any lot. The Islip ordinance also contained amortization provisions for uses which became non -conforming. Chicago, Illinois 1 Chicago also follows the Detroit dispersal model for regulating the location of adult entertainment establishments. However, in 1977, Chicago established a licensing requirement for all adult use businesses.z9 One of the primary purposes of this regulation was to prevent or limit the involvement of organized crime or other syndicates in the operation of adult -use establishments. The license application requires the prospective adult use operator to provide a great deal of personal and financial information. If the establishment is to have a. manager, a separate manager's statement must also be filed. The prospective operator of a sex-related business is also required to sign an affidavit attesting to those activities that will occur at his or her establishment. If, for example, the applicant signs an affidavit saying his or her business will be an adult -use book store and it is later determined that a "mini motion picture theater" is also operating Iat the site, the license can be revoked. m 26 The Appellate Division, Second Department, invalidated and severed the provision of the ordinance that required adult uses to obtain a special permit. r 29 Information on Chicago's regulations is based on a memorandum prepared by the Manhattan Borough President's Office for the Borough President's Task Force on Sex -Related Businesses, June 17, 1993. 14 III. THE ADULT ENTERTALWENT INDUSTRY Industry Trends 1 Adult entertainment is a multi -billion dollar, international industry that includes an ever changing and expanding range of activities.30 The latest additions to the industry include phone -sex lines, international computer networks that offer sexually explicit messages, lingerie modeling shops, and "upscale" topless bars or strip clubs catering to businessmen. It is difficult to obtain data on adult use organizations — they often consist of a maze of smaller companies that operate retail or service businesses, or distributorships. Linkages have been reported between sexually -oriented businesses and organized crime." Although it has experienced some significant changes in recent years, by most accounts the industry is booming in the United States. The tremendous growth in adult video sales and rentals and the resulting decline in the number of adult movie theaters is one significant change -in the ` industry over the last ten years. Another is the entry of lower -end triple -X video entrepreneurs whose operations have recently emerged in many New York City neighborhoods. Adult Valeo Sales and Rentals As documented in recent newspaper and magazine articles, adult video sales and rentals are a segment of the industry that has experienced significant growth since 1980. Industry `` insiders contend that despite a 1986 Reagan Administration "all-out campaign" against I pornography, "the number of adult -video makers and their videotapes has risen, cheap amateur videos have proliferated and the industry has expanded beyond magazines and videos Ito computer networks."32 One trade monthly, Adult Video News, reported adult video sales and rentals in general interest video stores have soared 75% since 1991 to $2.1 billion last ` year, and by hundreds of millions more if adult -only outlets are included.33 Thus, adult r publications and videos are readily available at newsstands, general video stores and other 1 outlets that are not characterized as adult entertainment establishments for purposes of j DCP's study. Information contained in this section is based on an extensive review of recent newspaper articles on the adult entertainment industry. Given the recent proliferation of adult video stores and topless entertainment 1 in New York City's neighborhoods, the literature review focused primarily on these uses. 1 31 State of Minnesota, "Report of the Attorney General's Working Group on the Regulation of Sexually I Oriented Businesses," June 6, 1989. 32 "Despite U.S. Campaign, A Boom in Pornography," The New York Times, July 4, 1993, p. A-20. 33 The Wall Street Journal, July 11, 1994, p. 1. t15 I� I Concurrent with the growth in adult video is a decline in the number of adult movie theaters. The Adult Film Association of America recently estimated that the number of adult movie theaters across the United States had declined from 800 in 1979 to about 50 in 19943; The estimate appears low considering the number of adult movie theaters located in New York City alone. The growth in the adult video sales and rentals segment of the adult industry is directly related to the increasing availability of inexpensively produced triple -X videocassettes that have flooded the market in recent years. Adult video producers have cut costs dramatically by shooting on videotape rather than film, shooting for fewer days, cutting the length of scripts, using cheaper sets, and slashing production budgets. Performers' salaries, even for top stars, have dropped steadily from more than $1,000/day five years ago to as low as $100/day. Adult Video News estimates that in 1983, eight percent of the releases were shot on videotape, with the balance shot on film. Last year, 97 percent of the releases were shot on videotape. The Adult Video Association contends that cost cutting by producers of adult home videos has caused the price of a triple -X videocassette to plunge from $100 a few years ago to as low as $5 today.35 Despite criticism that the latest entrepreneurs in the sex industry are delivering an inferior product, demand for their products appears to remain strong. One Los Angeles -based company, Evil Angel Productions, is typical of the latest producers of cheap adult videos. The company grossed $34,000 in 1990 when it produced and released eight tapes. In 1993, the company grossed $1 million by shooting, mandacturing and distributing a new hard-core videotape every three weeks 36 Sales for another Hollywood -based price -cutter, Video Exclusives, rose from $3 million in 1981 to $30 million in 1991. Other hard-core video producers in Hollywood, where about 50 of the nation's 60 or so manufacturers of hard-core videotapes are located, report similar growth.37 I Despite these successes, some in the industry believe that the market for these products has peaked and that the novelty of pornography will simply wear off over time. Triple -X videos are Istill a billion -dollar business, says Gene Ross, an editor at Adult Video News, but the business " John Needham, "Gone With the Sin: Closure of Adult Theater in Santa Ana Reflects Trend Credited -To -_ Or Blamed On - The Videocassette Revolution," Los Angeles Times, August 14, 1990, p. E-1. 33 John Johnson, "Demand Is Strong, But Police Crackdowns and A Saturated Market Spell Trouble for One of L.A.'s Biggest Businesses," Los Angeles Times, February 17, 1991, p. 8. 36 "Despite U.S. Campaign, A Boom in Pornography," The New York Times, July 4, 1993, p. A-20. J7 Johnson, p. 8. En °peaked a couple of years ago and is on a downward trend."'s However, as one Los Angeles Police expert On the industry explains, "No one should rush to write the obituary for porn. Although ... the business climate has become tougher, the industry is not likely to disappear. The entrepreneurs of sex have proven that ... many people still really want the stuff."" Topless Entertainment In recent years, upscale topless clubs have become a booming segment of the adult entertain- ment industry. An article in The New York Times describes the proliferation of topless bars as a national phenomenon in large cities.' According to a recent report in New York Newsday, topless clubs that cater to a young, affluent clientele have become one of the fastest growing and most lucrative segments of the adult entertainment industry in New York City. By conservative estimates, the topless club industry in New York City is a $50 million a year business, employing about 1,500 dancers °L In two years, the number of these clubs has grown from about five in 1990 to more than 30 in 1992, not including clubs throughout -the city that operate without liquor licenses.42 Several factors appear to have influenced the recent proliferation of upscale topless clubs in New York. First, responding to the devastating effects of the recession on eating and drinking businesses, some entrepreneurs have retooled their establishments and used topless 4 performances as a successful marketing device to win back their affluent male clientele. Second, the clubs have shed their "sleazy" reputations and become more mainstream by providing topless entertainment in safe, "elegant" surroundings furnished with other attractions such as giant closed circuit television screens, pool tables, and air hockey. Third, the instant financial success of the newest upscale topless clubs in Manhattan has attracted a number of imitators. ` In a recent interview with New York Newsday, Jay Bildstein, the owner of Scores, a topless "sports bar" on the upper East Side of Manhattan, explained that while the new clubs may vary greatly in style, the corporate organization is often similar. Club owners typically contract with national organizations which, in exchange for a percentage of gross income, 78 Ibid. 39 Ibid. - 40 "Strip Clubs Putting On a Suit and Tie," The New York Times, p. B-5, March 26, 1994. " Walter Fee, "Bare Market: For New Upscale Clubs, It's Boom and Bust," New York Newsday, City Edition. December 20, 1992, p. 7. 1 a2 Ibid. 17 .l recruit and market the dancers. In the New York area, Goldfingers and Pure Platinum are two �( of the most successful national marketing organizations associated with local topless clubs. 1 Typically, the dancers are treated as independent contractors, thereby releasing management from the responsibility for withholding taxes or social security, and protecting the club owners from potential legal liability for the dancers' behavior. The typical customer is an affluent male repeat customer between the ages of 25 and 30.43 l Certain factors appear to be influencing the recent proliferation of triple -X video stores and l nude bars in or near residential neighborhoods in New York City, such as Murray Hill, { Chelsea, Sunset Park, Sunnyside and Forest Hills. First, the availability of low -budget j videotapes has enabled increasing numbers of low-end pom entrepreneurs to enter into a market that was previously closed to them. Second, topless bars have been successfully recast as upscale adult uses, catering to young businessmen with money to spend. Inventory and Vends, by Location and Type j The locations of adult entertainment establishments in New York City that were identified by the DCP survey in 1993 are shown on the maps following page 19. Data in this section was obtained from different sources, and may reflect differences in definitions as to what constitutes adult entertainment. Pre -1993 data is presented because it is the most thorough available and, outside of Midtown Manhattan, provides an understanding of the location of adult uses at that time. 43 Molly Gordy, "What's Under the Paint? How to Keep the Law Happy When Topless is a Business." New York Newsday, Manhattan Edition, September 17, 1992, p. 29. 18 Citywide Trends: 1965 to 1993 In 1965, there were nine adult establishments located in New York City. By 1976, the number of such establishments increased to 151. Between 1976 and 1984, the number of adult establishments declined to 131 citywide. Between 1984 and 1993, the number of adult establishments increased citywide, to 177. Citywide trends in adult entertainment establish- ments are indicated in Table 1. TABLE 1 CITYWIDE TRENDS IN THE NUMBER OF ADULT ENTERTAINMENT ESTABLISHMENTS Year 1965 1976 1984 1993 Total Number 9 151 131 177 Sources: 1965 and 1976 data, Office of Midtown Enforcement files; 1984 data, Police Department 1993 data, Department of City Planning. l In 1965, the number of adult establishments was small because the sale and distribution of 1 pornography was largely restricted. By 1976, most restrictions were removed and the number of adult establishments burgeoned. �. Between 1976 and 1984, the number of adult establishments dropped 13 percent, reflecting a decrease of 48 adult uses in Midtown Manhattan alone, from 97 to 49. This may be I attributable to enforcement efforts by the city, the start of major construction projects in west Midtown that increased investor confidence in the area, and changing technology.' However, the decline was offset by an increase of 28 adult uses, from 30 to 58, in the other boroughs. The decline in adult uses in the Midtown area is probably unrelated to the increase ` in such uses to other areas of the city during that period as Between 1984 and 1993, adult entertainment establishments increased 35 percent citywide. 1 The trend — analyzed below — can be attributed to the advent of the adult video store, and greater numbers of topless or nude bars stemming from their changing, upscale image. I L" 1983 Annual Report, Mayor's Office of Midtown Enforcement, p. 36. as More detailed analysis indicates that the decline in adult uses in Manhattan was in bookstores/peep shows Iand theaters; the increase in adult uses in boroughs other than Manhattan was largely in topless bars. 19 I 191.151..- -. �c'iiUal I P$r4 ell V. Q—) uus INSET MAP:- Nst:ribution of, Adult, Uses in Mil11hal fall C olllilltiility Districts 1 - K 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1` 1 1 1 i t 1 m � 1 0 � U 1 I 1 1 1 1 Citywide Distribution of Adult Uses by Community District • adult use community district boundary to community district designation area not part of any community district Souxe: Dept of City Planning, 1993 Adult Entertainment Study Department of City Planning /City of New York • ell V. Q—) uus INSET MAP:- Nst:ribution of, Adult, Uses in Mil11hal fall C olllilltiility Districts 1 - K 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1` 1 1 1 i t 1 m � 1 0 � U 1 I 1 1 1 1 Citywide Distribution of Adult Uses by Community District • adult use community district boundary to community district designation area not part of any community district Souxe: Dept of City Planning, 1993 Adult Entertainment Study Department of City Planning /City of New York New Jersey 12 Bronx M 1i 4 3 2 River-" Manh'c,'3t'tan 7 04D 4, • 4 3 MOO '-6 000 GP .. ..... .. A 2 �O 2 3 2 3 6 04 5 lupp, ewyrjrk 7 ens • Nassau Bay 13 Brooklyn k, 10 14 .......... -7, 13 NORTH Lay A!bntic, 0 MI'Ll S 2 Trends by Borough Between 1984 and 1993, the greatest increases in adult entertainment establishments were found in Manhattan and Queens. Both boroughs had a 47 percent increase in adult uses, from 73 to 107 in Manhattan, and from 30 to 44 in Queens. Adult uses in the Bronx declined by two, from 10 to eight. In Brooklyn, adult establishments decreased by one, from 16 to 15. Staten Island had an increase of a single establishment. Among the five boroughs, most adult entertainment establishments continue to be located 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 1993. Queens has had the second greatest concentration of adult uses in New York City. In 1976, Queens contained 11 percent of the city's adult uses, rising to 23 percent in 1984, and increasing marginally to 25 percent in 1993. The Bronx, Brooklyn and Staten island each have less than 10 percent of all adult establishments located in the city. IVends within Categories of Adult Uses Between 1984 and 1993, the number of adult bookstores/peep shows/video stores increased citywide 197 percent, from 29 to 86 establishments. Adult topless/nude bars also increased during the period, by 26 percent, from 54 to 68. Adult movie and live theaters declined over the period by 52 percent, from 48 to 23 establishments. Adult theaters declined from 41 percent of all adult uses in New York City in 1976, to 37 percent in 1984, and 13 percent in 1993. Bookstores/peep shows comprised 44 percent of all adult uses in 1976, declining to 22 percent of the total in 1984. However, in 1993, the categpry consisted of 49 percent of the citywide total number of adult entertainment establishments, reflecting the rise in adult video establish- ments from none reported in 1984, to 64 in 1993. In 1993, adult video stores made up 74 per- cent of all establishments in the book/peep/video category. Their recent proliferation represents Ithe largest percentage gain among all adult uses since the mid-1970s. ` Topless and nude bars increased their share of all adult uses between 1976 and 1984, from 15 ej percent to 41 percent, respectively. By 1993, adult bars — although continuing to increase in absolute numbers — declined as a percentage of all adult uses to 38 percent of the total, reflecting the proliferation of adult video establishments. I If growth in the various segments of the business continue over the next decade at the same rate as they did between 1984 and 1993, by the year 2002, there would be a 197 percent increase in the nuinber of bookstore/peep shows/videos from 86 to approximately 250; a 26 percent in- crease 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 11. 22 Trends in Concentrations of Adult Entertainment Establishments, by Community District l Between 1984 and 1993, adult entertainment establishments have continued to concentrate in a few community districts in Manhattan. Citywide, the number of community districts with one or more adult uses has remained relatively stable over the period. However, adult uses have recently located in neighborhoods within community districts where they had not 1 previously been. Significantly, the number of community districts with seven or more adult entertainment establishments nearly tripled between 1984 and 1993, from three to eight. Community district designations for adult establishments identified in the 1976 survey are not readily discernible. Table 2 indicates in rank order community districts by the number of adult uses within each district in 1993. Districts without adult uses are not listed. In 1993, the majority (53 percent) of adult uses in the city were located in Community Districts 1, 2, 4, and 5, Manhattan. In 1984 and 1993, the greatest concentration of adult uses was found in Community District 5, Manhattan, which includes part of the Times Square area In 1984, 34 percent of -the j citywide adult uses were located in the community district; in 1993, 30 percent of such uses were found there. Between 1984 and 1993, the number of adult establishments in the district increased by 18 percent, from 45 to 53, nearly half the rate of growth citywide. J TABLE 2 1993 RANK ORDER OF COMMUNITY DISTRICTS WITH ADULT USES Rank Community District* No. Establishments in Each District 1 M5 53 2 -M4 19 3 M2. 11 4 M1 10 5 M6 Q3 9 6 Q2 8 7 K7 7 8 Q1 Q7 5 9 Q4 4 10 B12 K15. -Q6 Q9 Q12 3 11 B5 K2 M3 M7 Q 13 S2 2 12 B8 BIO B11 K6 K12 K14 M8 Q5 Q8 S3 1 *Borough designations: B = the Bronx; K = Brooklyn; M = Manhattan; Q = Queens; S = Staten Island. Source: Department of City Planning survey. 23 Community District 4, Manhattan, had the second greatest concentration of adult uses in the city in 1984 and 1993. The district, located west of Community District 5, encompasses Chelsea, Clinton and part of the Times Square area. In 1984, seven percent of the city's adult entertainment establishments were located in the community district. By 1993, 11 percent of such establishments were located there. Between 1984 and 1993, the number of adult uses within the district increased by ten establishments from nine to 19, or by more than 110 percent. The growth rate in adult uses in the community district over the nine-year period was more than triple that of the city as a whole. This data suggests that over the past decade, while adult uses have spread to more community districts, there is a persistent tendency toward concentration of significant numbers of adult uses. Location of Adult Uses by Zoning District For purposes of this analysis, zoning districts were grouped according to certain.-characteris- tics. ertain. characteris- tics. C1 (Local Retail) and C2 (Local Service) Districts were grouped together because they are both mapped widely in residential neighborhoods throughout the city. C4 (General Commercial) Districts are regional commercial districts, mapped in each borough. They comprise the city's major and secondary shopping centers. C5 (Restricted Central Commer- cial) Districts and C6 (General Central Commercial) Districts were grouped into a single category because they are mapped principally in Midtown and Downtown Manhattan and Downtown Brooklyn. These districts allow a broad array of -commercial uses, and are characterized by high commercial densities:' C8 (General Service) Districts that permit automotive uses were grouped with M1, M2 and M3 Districts that permit industrial uses. Residential use is not permitted in C8 Districts and generally not permitted in manufacturing districts except in certain circumstances. The analysis indicates that of the 177 adult entertainment establishments, approximately 18 percent (3 1) are located in C 1 and C2 Districts. Ten uses, or approximately six percent, are located in C4 Districts. Approximately forty percent (70) of adult uses in New York City are located in C5 and C6 (central commercial) Districts. Forty-five adult uses, or approximately 25 percent of the total number, are located in C8 and manufacturing districts. Combined, approximately 88 percent of adult entertainment establishments are located in commercialrar manufacturing districts' 46 Forty-two adult uses, or 24 percent of the citywide total, are located in M1-6, C5-3, C6-4, C6-5, C6-6, and C6-7 Districts within the Midtown Special District. 24 The remaining adult uses, 21, or approximately 12 percent of the total number, are located in residence districts which do not permit commercial uses. These uses may be legal non- conforming commercial uses in residential districts, or the locations may be classified as within residence districts, because of the primary characteristic of the tax lot.47 1 All commercial districts except C8 permit residential use.'s Many light manufacturing/ J mixed use zones permit residential uses in certain circumstances. More than 75 percent of the adult entertainment establishments are located in those commercial or manufacturing zoning districts that also permit residential uses. Industry Views Members of the adult entertainment industry met with city planners to discuss industry issues and needs. Those responding to the DCP invitation represented topless and nude clubs, -triple - X video/bookstores/peep shows, live theaters, and suppliers. Some represented the Adult Industry Trade Association (AITA) as well as their own individual establishments. The meeting was designed to familiarize the representatives with the study and obtain specific information about location decisions, employment and revenues, tourism and industry changes and trends. Industry representatives argued that there are a number of positive impacts directly attributable to adult businesses. For example, it was,stated that "safer sex," due to the change in sexual mores caused by AIDS, has been promoted by the increase in triple -X video stokes and the corresponding decrease in live sex clubs. Others noted that adult businesses provided safe places on otherwise dark streets because these businesses traditionally stay open very late. Also, late night uses on a street have encouraged other businesses to stay open later to cater to the customers drawn to adult businesses in the evening. Adult businesses often provide important rental revenues to landlords because they are willing to occupy vacant storefronts on a short-term basis. The manager of a triple -X video store in the East 50's in Manhattan observed 11 new businesses had since opened after his store opened in December 1992, observing that the presence of an adult business on the block is not a deterrent to new businesses. Industry representatives maintained that .adult. entertainment businesses earn 47 Due to limitations in technology, different computer systems were used to cross-reference street address and zoning district. The predominant zoning classification of a tax lot was used to classify zoning districts. 'a Residential uses are also not permitted in C7 districts. C7 districts, which accommodate large, open amusement uses, are not widely mapped. 25 revenue for the city, provide jobs and stimulate tourism. This would be true to the extent they do not discourage the growth of other businesses that would generate more employment, tax ( revenue and tourism. A� Segmented Industry The industry appears to regard itself as segmented — tourist oriented v. neighborhood - oriented, upscale v. tawdry, community fixture v. transitional presence, eye-catching v. discreet signage, triple -X products v. entertainment. A number of establishments that were invited to the meeting declined to attend because they did not identify with perceived industry -wide concerns. One adult bookstore owner, located for many years on Eighth Avenue in the mid -30's, said he was not part of the problem; the owner of a sexually -oriented boutique on the Upper West Side said he was a neighborhood service and disassociated himself from "heavy-duty" adult businesses. People attending the meeting questioned whether the DCP study had examined segments of the adult entertainment industry separately to isolate possible impacts or if the study had grouped all adult businesses together-. Location The basic locational criterion for adult entertainment businesses is to be "where the customers are." In Manhattan, this is often determined by where the tourists are; 'Broadway is better than Twelfth Avenue," said one club owner. In the other boroughs, a good location is one with easy access to public transit, main arterials and plenty of parking for local residents and commuters passing by on the way home. Mass transit and available parking are always important, wherever you are, commented one participant. Adult entertainment businesses tend to be transitional and locate in areas that are "moving upwards"; they are rarely found in poorer neighborhoods. One statement submitted at the meeting maintained that some major real estate developments owe their existence to the ability of landlords to warehouse property by renting space to adult businesses that are willing to accept high rents and short leases during the period when a major assemblage is underway. Economics One corporation that operates two upscale, topless bars provided a number of statistics about their operation. Combined figures for both clubs during the last fiscal year show that they em-,_ ployed a total of 218 employees, had an annual payroll of $1,302,627 and grossed more than $600,OOOJmonth on credit card business alone. Credit cards rather than cash are the preferred method of payment. The legitimate, licensed nature of the business was stressed as well as the desire to be fully integrated into the New York City business community. 26 Marketing According to a representative of the two topless clubs, it is essential to be near tourist areas where people are drawn to adult uses by publicity and signage. About 40 percent of the approximately 5,000 weekly patrons at their club on Broadway in Midtown Manhattan are tourists; approximately 15 percent of the clientele at their Downtown Manhattan club are tourists. However, the manager of a triple -X video store in the East 50's in Manhattan, and the owner of a triple -X video store in the West 30's in Manhattan, 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 now muted in an effort to blend into the neighborhood blockfront. State Liquor Authority (SLA) Participants representing topless bars stated that their establishments are particularly orderly and well-run because they must conform to stringent State Liquor Authority (SLA) requirements. If the SLA finds a "pattern of disorder" during an inspection, the bar owner will face disciplinary action — ranging from a warning letter to revocation of a liquor license. The SLA regulates liquor sales and the degree of performance nudity. Since SLA regulations do not allow total nudity, nude clubs do not serve liquor and are not governed by the SLA. �{ r Trends In response to a question about industry trends, the group responded that there was oversaturation of adult businesses in New York City, particularly in Manhattan, and that these {, establishments were closing. It should be noted that of 177 invitations mailed to the adult f entertainment establishments identified in DCP's survey, 27 were returned primarily because the adult business was no longer located at that address. Concentrations of uses were said to be due to the "copycat factor" and the tendency of bar patrons to want to "barhop." These statements, indicating a tendency of adult uses to concentrate in a community, confirmed the conclusion of DCP's analysis of the location of adult uses by community districts. It was said that the emergence of Blockbuster Video (which does not carry any triple -X videos) had driven out some `mom-and-pop' video stores that had a small section of triple -X videos, leaving the field clear for triple -X video stores in a few neighborhoods. 27 Summary In a letter to the City Council dated March 9, 1994, AITA acknowledged concerns by some community groups regarding signage and windows and said ALTA had been formed mainly to "address these problems by working as a liaison between community groups and adult use places." Most participants agreed that some adult businesses are regarded negatively by the community, but claimed this reaction is based on a visceral response and not on any secondary effects. N - •T, 28 W. ADULT ENTERTAINMENT ZONING IN NEW YORK CITY Current Zoning The Zoning Resolution of the City of New York currently .regulates several general classes of commercial establishments which may or may not be characterized as adult uses .49 For C example, the Resolution regulates: • theaters (including movie houses) • bookstores (including video stores) • eating or drinking establishments (including bars). The zoning regulations are no different for a neighborhood video store or a triple -X video store, or for a bar or a topless or nude bar. However, the Resolution does distinguish physical culture or health establishments from adult physical culture or health establishments.5o Theaters, bookstores, and bars are commercial uses, generally allowed as -of -right in most commercial and manufacturing districts. Commercial uses are generally prohibited from locating in residence districts. However, some commercial uses that are non -conforming in residence districts are essentially "grandfathered" and may continue at these locations until they have been abandoned for a period of time. Theaters Theaters (which include movie houses or motion picture theaters) are listed in the Zoning Resolution in Use Groups 8 and 13. Theaters are allowed as -of -right in C2 (Local Service), C4 (General Commercial), C6 (General Central Commercial), C7 (Commercial Amusement) and C8 (General Service) Districts. Theaters limited to a maximum capacity of 500 persons are allowed in Cl (Local Retail) Districts only by special permit of the Board of Standards r and Appeals (BSA). In C1-5 through C1-9 Districts (mapped in high density areas), motion /t picture theaters must provide an indoor waiting area based on seating capacity. Theaters are also allowed as -of -right in most manufacturing districts, except that in M1 -5A and M1 -5B Districts (mapped in Soho and Noho in Manhattan) theaters with 100 or more Iseats are allowed only by- special permit of the Board of Standards and Appeals. 49 The Zoning Resolution of The City of New York, adopted December 15, 1960, and as amended. so The latter establishments, massage parlors, are considered to purvey prostitution and are not permitted in New York City. 29 Bookstores �- Bookstores are listed in Use Groups 6C and 12B. They are allowed as -of -right in most commercial districts and in M1 (Light Manufacturing) Districts. Bookstores are not allowed in C3 Districts, and in M2 (Medium Manufacturing) and M3 (Heavy Manufacturing) Districts. Video stores have been treated as bookstores for zoning purposes. Eating or drinking establishments Eating or drinking establishments are listed in the Zoning Resolution -in Use Groups 6A and 6C, and 10 and 12. Eating or drinking establishments include any use that serves food or drink, including alcohol, not otherwise more specifically listed in the Resolution. Most eating or drinking establishments, including. those with music for which there is no cover charge and specified showtime such as restaurants and bars listed in Use Group 6A, are allowed as -of -right in most commercial and manufacturing districts. They are allowed as - of -right in Cl, C2, C4, C5 (Restricted Central Commercial), C6, C7 and C8 Districts, and in C3 (Waterfront Recreation) Districts by special permit of the Board of Standards and Appeals. They are also allowed as -of -right in manufacturing districts. Eating or drinking establishments with entertainment, but not dancing, with a capacity of 200 persons or less are treated similarly to eating or drinking establishments listed in Use Group ` 6A, with certain exceptions S' In C1-1 through Cl -4, C2-1 through C2-4, and C5 Districts r these establishments must obtain a special permit from the Board of Standards and Appeals. A special permit is also required in M1 -5A and Ml -5B Districts. Some special purpose districts may have additional restrictions on certain entertainment establishments but none distinguistr between adult and other forms of entertainment. Large eating or drinking establishments with entertainment, or those of any capacity with Edancing, are listed in Use Groups I0 and 12. These establishments are permitted as -of -right in C6, C7, C8, most manufacturing districts, and in C4 Districts 100 feet or more from a residence district. They are allowed only by special permit of the Board of Standards and Appeals in C2, C3, Ml -5A, Ml -5B, LMM, Ml -5M, Ml -6M, and in C4 Districts within 100 feet of a residence district. 31 Eating or drinking establishments with musical entertainment, but not dancing, with a capacity of 200 persons or less, are allowed similarly as eating or drinking establishments in Use Group 6A. 30 Signs Signs are regulated under the provisions of use regulations in the Zoning Resolution. Regulations include definitions, size or surface area, illurunation, height, projection and location. Basic regulations for accessory business signs are summarized in Table 3. TABLE 3 BASIC ACCESSORY BUSINESS SIGN REGULATIONS Zoning Height above Districts Size* Illumination Projection** Curb Level Location Cl 3; 150 3 times frontage; up to 1 ft 25 ft. 50 sq. ft C2 3; 150 3 times frontage; up to I & 25 ft Certain 50 sq. & accessory business C4 5; 500 Illuminated or flashing 1 ft 40 ft. signs facing and in proximity to C5 3; 200 Not permitted*** 18. 25 ft.t a residence district or C6 5; 500 Illuminated or flashing 1 ft. 40 ft. public park shall C6-5 or C6-7 No restriction Illuminated or flashing 8 ft. No restriction conform to the sign regulations C8 6; 750 Illuminated or flashing; I ft. 40 ft-tt each sign 5 times frontage, up to in Cl 500 sq. ft each sign districts M - No restriction Illuminated or flashing No restriction No restrictionttt * To determine the maximum permitted surface area, multiply the first number by the street frontage; the second number indicated is a "cap" on the maximum number of square feet allowed ** In districts where 1 foot is identified, double- or multi -faced signs may project up to 18. inches beyond the street line. *** Except in C5-4 Districts. t In C54 Districts, may extend up to 40 feet high. fit Non -illuminated or indirectly illuminated signs may extend to 58 feet high. ttt Except that within 500 feet of a residence or Cl or C2 District, restrictions apply to certain illuminated signs; indirectly illuminated signs may extend to 58 feet high. 31 Prior Zoning Proposals in New York City In New York City, a modem-day attempt at regulating adult establishments through zoning was made in 1975, after they proliferated beyond the Times Square area. DCP proposed to restrict the location of "adult physical culture establishments," a zoning term for massage parlors which r were then permitted uses in New York City, in the Times Square area. The zoning proposal, which included a provision that non-conforming facilities were to be amortized within one year, was adopted in 1976 by the Board of Estimate. Outside the Times Square area, a one-year moratorium was placed on new massage parlors. In 1976, the United States Supreme Court upheld a Detroit anti-skid row zoning ordinance that placed locational restrictions and concentration limits on a variety of uses, including adult entertainment establishments. Shortly after the court decision in early 1977, the Mayor's Midtown Manhattan Action Office and the DCP prepared zoning recommendations modeled after Detroit. The City Planning Commission proposed establishing five categories of adult uses: adult bookstores, adult motion picture theaters, adult coin-operated entertainment facilities (peep shows), adult "topless" entertainment establishments (topless bars), and adult physical culture establishments (massage parlors). According to the Commission, 'By creating separate definitions for these adult uses it is now possible to distinguish in the Zoning Resolution adult uses and other uses. Without such definitions adult uses were for all purposes treated the same as their non-adult counterparts and were thus allowed to locate in any zoning district where the general use was permitted." S2 Under the proposal, adult entertainment uses would be allowed only in C4 and C6-4 through C6-9 Districts, which are General Commercial and General Central Commercial Districts, respectively. Existing adult entertainment uses outside of these districts, or within 500 feet of a residence district (RI through R10 Districts), would not be allowed to continue as non- conforming uses. Adult physical culture establishments not subject to the 1976 amortization provisions would not be allowed after one year in any district in New York City, and-fife moratorium would be lifted. s2 Report of the City Planning Commission, N 760137 ZRY, January 26. 1977, Calendar #23. 32 In addition, adult uses would be subject to distance, concentration, sign and amortization restrictions, as follows: • No adult use could be located within 500 feet of a residence district. • In C4 Districts, no new adult use could be established where, within a 1,000 foot fradius, two or more adult uses existed. In C6-4 through C6-9 Districts, no new r adult use could be established where, within a 1,000 foot radius, three or more adult uses existed. Each adult use within a single establishment would be considered a separate primary use. • No sign for any adult use could display or describe a specified sexual activity or a specified sexual area. No adult use could have more than one accessory business sign, except that an adult motion picture theater could, in addition, have a marquee. No advertising signs would be permitted for an adult use. No adult use sign could be illuminated or extend beyond the street line, except for adult motion picture theater marquees. • Amortization provisions dictated that adult uses that failed to meet the proposed location and distance requirements would be required to terminate within one year. Where existing establishments within districts in which adult uses would be permitted exceeded the proposed concentration provisions, the adult uses closest to a residential district would generally be amortized first. The proposal would have allowed the Board of Standards and Appeals to exempt existing adult uses, located in districts in which such uses would continue to be permitted, from the concentration -and amortization provisions of the new regulations. Similarly, the City Planning Commission would have been authorized to allow a new adult use notwithstanding the proposed concentration provisions. In each case, the BSA or CPC, as applicable, would be required to make findings to ensure that any adverse impacts from the adult establishment were minimized. According to Norman Marcus, who at the time was counsel to the City Planning Commission, "This safety valve procedure was felt essential to withstand a challenge to the reasonableness of the regulation. ,-53 Numerous speakers appeared at the public hearing, both in favor of and in opposition to the f proposed zoning regulations. In general, business and civic- groups from Manhattan were ` supportive of the plan. Those in opposition included representatives of boroughs outside Manhattan, religious institutions, and civil libertarians. 57 "Zoning Obscenity: Or, The Moral Politics of Porn." Norman Marcus, Buffalo Law Review, Vol. 27, 1978. 33 Subsequent to the Commission public hearing, several modifications were made to the proposal. For example, C4-1 Districts, characterized by large suburban -style shopping centers, { were eliminated from the proposal as districts where adult entertainment establishments would j be permitted. Also, adult entertainment establishments would not be permitted within 200 feet of a school or church. The modified proposal was then reconsidered. According to Marcus: By virtue of the recent Commission amendments, the heretofore dispersed and scattered eligible adult use regional commercial zones had been reduced to a handful of readily identifiable concentration targets in these boroughs — and as such, drew sharp denunciations. The Commission was accused [by citizens of the four boroughs other than Manhattan] of fostering "red light districts" in the outer boroughs and the cry was raised ever more loudly to restrict adult uses to Manhattan. The legislation foundered. Marcus observed that the public's failure to understand the crucial distinction between pornography and obscenity, i.e., what is and what is not legally protected speech, resulted in a lack of sufficient political support needed to adopt a regulatory plan to limit the location and concentration of adult establishments. In continuing to wrestle with the issue of adult establishments, the City Planning Commission in 1978 proposed, and the Board of Estimate adopted, new zoning text that distinguished adult physical culture establishments from physical culture establishments.S5 Adult physical culture establishments were eliminated as a permitted use in all districts in the city. They were to be amortized within one year. All other physical culture or health establishments would be permitted only by special permit of the Board of Standards and Appeals. The citywide moratorium on physical culture or health establishments that became effective in r 1976 was deleted. Thus, only part of the effort to control the location of adult uses was adopted legislatively. s< Ibid. ss Resolution of the Board of Estimate, November 16, 1978. Cal. No. 145, approving a report (N 780387 I� ZRY) of the City Planning Commission, November 8, 1978, Cal. No. 16. 1 34 1 V. ADULT ENTERTAINMENT llVWACTS IN NEW YORK CITY Impacts Identified by the City Planning Commission, 1977 On January 26, 1977, the City Planning Commission reported to the Board of Estimate its recommendation for zoning text changes relating to adult uses. The recommended zoning changes would have reduced existing concentrations of adult uses and prevented future concentrations, "... thereby substantially reducing the adverse economic and social effects that these concentrations produce. At the same time, adult uses will be prevented from disrupting residential neighborhoods by regulations requiring all adult uses to be located at least 500 feet from the nearest residence district boundary.06 In its report, the Commission cited several negative impacts of adult uses including economic factors, increased criminal activity, the damaging influences on minors and the disruptive effects that adult uses have on neighboring residential communities and the youth of such communities. At the public hearing on the proposed text amendments, many of the speakers appeared in favor of the proposal, expressing concerns about the blighting effect that the concentration of adult uses has had on the West Side of Manhattan. Some identified other reasons to support the proposal. For example, a psychiatrist who was a former Deputy Commissioner of the City's Addiction Services Agency and founder of Phoenix House — the city's major residential addiction rehabilitation program, said that the growth of adult uses has " ... a direct bearing upon the number of young people who become addicted to heroin or dependent upon other drugs." He described the adult entertainment business as parasitic, attracting and victimizing adolescents and breeding prostitution and addiction. The doctor stated that limiting or dispersing adult uses can destroy the "pathological matrix." Most who spoke in r opposition to the proposal did so because it would continue to permit adult uses near their k communities. tThe Commission noted that it analyzed the efforts of several municipalities, including Boston, Detroit, Minneapolis, Dallas and Atlantic City, to combine the best efforts of all these cities in a regulatory plan for New York. The Commission rejected the Boston concentration model, stating in the report that "Statistics indicate that the implementation of this zoning method in Boston has resulted in an increase in both the crime rate of the Boston Business and Entertainment district and an increase in the vacancy rate of the surrounding buildings." The Commission felt that a dispersion strategy, modelled after Detroit's regulatory plan, would ` Report of the City Planning Commission, N 760137 ZRY, January 26, 1977, Calendar No. 23. 35 provide room for constitutionally protected speech as well as protection for the health, safety ( and general welfare of the people. The Commission noted that a proliferation of adult entertainment uses in the Times Square and Theater Districts could be related to the decade -old absence of major investment or development decisions, and to a substantial decline in economic viability. For a three-year period, tax arrears on West 42nd Street were 26 percent higher than the overall rate for Midtown. During a two-year period in the early 1970s, sales tax revenues in the area declined by 43 percent compared to an 11 percent increase citywide. In addition, jobs in retail sales 1 declined in the area at a rate greater than that of the city as a whole. The Commission identified several businesses in the area that had closed, for example the Chase Manhattan Bank branch in Tunes Square, and noted that the " ... decline of economic activity ... can be directly'related to the escalation of adult uses." Crime data for 1975 were also analyzed, leading the Commission to state: "Increases in felonious criminal activity in areas where concentrations of adult uses are located are overwhelming." The Commission observed that in Midtown, police posts (subareas of a precinct) in which one or more adult uses were located had 69.5 percent more verified complaints than those in other subareas. Posts with one or more adult uses constituted 34.5 percent of the total posts in Midtown, but accounted for 47.1 percent of all complaints. Comparing 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 88.9 percent higher, rape was 185.2 percent higher and robbery was 130.2 percent higher. Impacts Identified by the Office of Midtown Enforcement The 1983 Annual Report of The Mayor's Office of Midtown Enforcement (OME) supported 1 the City Planning Commission's earlier findings. The OME's report stated that in the early and mid -1970's, "Times Square was clogged with pimps, johns, and hookers as well as the addicts and muggers who along with them preyed on the public." The report noted that 1,200 prostitutes worked out of the dozen or so prostitution hotels and the 23 massage parlors concentrated along Eighth Avenue between 34th and 55th Streets, and another twelve se�� businesses were wedged in between these businesses. COME strategies (including investigation, enforcement, seeking and obtaining legislative changes in the Nuisance Abatement Law, closing hotels and obtaining substantial financial 36 penalties from hotel operators) worked to clean-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, prostitutes and johns which once thrived on the atmosphere created by the multiplicity of sex uses. The crowds are no longer there because most of the'sex uses which supported or attracted them have been closed.i57 Between 1978 and 1983, OME reported that it closed 106 illegal establishments, of which 82 were sex-related businesses. Additionally, they "virtually eliminated" the practice of sexually explicit handbilling on city streets, and after obtaining' a zoning amendment establishing a permanent ban on heterosexual massage parlors, closed 37 illegally operated sex-related businesses in Midtown. After reducing the number of sex-related businesses in midtown by 46 percent from 121 in 1978 to 65 at the end of 1983, ONE reported that its "accomplishments have resulted in increased investor and consumer confidence in the midtown area as manifested by: -the renovation and expansion of the Port Authority Bus Terminal; the opening of the new Milford Plaza Hotel on Eighth Avenue; the construction of the Marriott Marquis Hotel on Broadway; and the proposed 42nd Street Development Project." The OME Annual Report for 1983 also reported the criminal activity occurring in sex-related businesses. Convictions for prostitution occurring inside the premises are used by OME as a basis for civil litigation. Between 1978 and 1983, the numbers of arrests for prostitution and obscenity inside sex-related businesses located in Midtown decreased from 419 to 300. The change in the number of such arrests for any given year is a function of many factors, (e.g., deployment of -police personnel, unrelated litigation defining obscenity) and reflects only in part the drop in the number of massage parlors and other commercially -operated houses of prostitution. It is significant, however, that the concentration of sex-related businesses has been closely associated with substantial numbers of arrests within those establishments for prostitution and obscenity. r It was found - in another study - that sex uses in the Times Square area supported hustling and hanging out on the street because of their configuration. The Final Environmental Impact Statement for the 42nd Street Development Proiect stated "most of these establishments present opaque facades to the street. - This is presumably important to draw potential customers inside (rather than allowing them to look in) and also to provide some sense of privacy. The correlative, however, is that these operations do not look outwards or take a special interest in the sidewalks outside. As a result, and also because the sex -establishment patrons hurry in and out, the sidewalks are left unclaimed and thus available to those hustling and hanging out." New York State Urban Development Corporation, Vol. 1, August 1984. 37 Impacts Identified in the Chelsea Business Survey } In August, 1993, the Chelsea Action Coalition and Community Board 4, Manhattan, prepared a study describing the effects that sex-related establishments have on other businesses in the Chelsea section of New York City.58 The Coalition called upon the city to "develop zoning proposals that will disperse, but not eliminate, these (adult) businesses ..." The Chelsea Action Coalition called for zoning proposals because it felt that the neighborhood " .. , was being transformed before our eyes into a red light district." The study identified the locations of sex-related adult establishments in a 76 block area of Manhattan between 13th and 32nd Streets, and Fifth and Ninth Avenues. Nine legal triple -X video stores, eleven locations closed in fiscal year 1993 for illegal sex-related activities, and seven locations of "multiple indoor prostitution arrests" in fiscal year 1993 were mapped within the study area. The Coalition stated that the concentration of triple -X video stores and peep shows "is intolerable," and "harmful to our community," noting that " ..: under the Constitution the City is permitted to prohibit this type of concentration." Representatives of the Coalition and Community Board surveyed 100 businesses located near (� the triple -X video stores "to determine whether these 'adult use' businesses had negatively impacted upon the economic vitality of the Chelsea business community." Responses to eight questions were tabulated and illustrative comments made by respondents were included in 9 � P the study report. Negative impacts stemming from the adult video establishments reported by area business- persons included: a decline in the overall reputation of the community, a reduction in the economic vitality of individual business; a declining potential for business in the j community; and observations that businesses may leave or have left Chelsea because of the F adult video stores. Sixty-one percent of respondents felt that the triple -X video stores had a negative impact on their business. Ninety-five percent believe that the reputation of Chelsea has been hurt by these stores. Nearly two-thirds think the economic vitality of their business has been hurt, and 88 percent think the potential for doing business in Chelsea has been negatively affected by the adult stores. _„-•r1_ se "The Chelsea Business Survey, An Assessment of the Economic Impact of XXX -Rated Video Stores in Chelsea," The Chelsea Action Coalition and Community Board 4, 1993. 38 Specific Comments made by businesspersons included the following: My clients don't like to come to my office and have to go by these stores. The storefronts also lower my image as a business which is very detrimental to me.. - publishing consultant There is a XXX store on the next block. We work until 8:00 P.M. Mon. - Thurs. and it is scary to walk past the seedy element that hangs out there. - retail furniture store Impacts Identified at the Public Hearing of The Task Force on the Regulation of Sex -Related Businesses The Task Force on the Regulation of Sex -Related Businesses was established in 1993 by the Borough President of Manhattan, Ruth W. Messinger, in response to community concerns about increasing concentrations of sex-related businesses. The Task Force conducted a public hearing on October 6, 1993, at which more than 20 people testified. Approximately twice as many individuals testified in favor of regulating adult entertainment establishments as those opposed to government regulation of adult uses. Those speaking in favor of regulation discussed adult establishments in various neighborhoods in Manhattan: Tribeca and Downtown Manhattan, Chelsea, East Harlem, Times Square, and the East Side; the majority spoke of Times Square and Chelsea. f The Task Force structured the hearing as a fact-finding hearing to obtain testimony about how j adult uses impact residents, businesses and Manhattan neighborhoods. The impacts identified r by the testimony are summarized below, and a copy of the transcript of the public hearing is available for review at DCP. r Crime, including drugs and prostitution, was the most frequently cited impact from adult establishments. For example, the President of the 42nd Street Development Project, referring to a concentration of sex-related uses on 42nd Street between 7th and 8th Avenues, cited a 60 percent drop in crime after the Project took title to two-thirds of the project area in April 1990 and a majority of the site was cleared.59 se The transcript of the testimony, at pages 110 through 116, is instructive of the effects of the concentration of adult uses. 39 Several speakers noted that certain crimes were associated with adult entertainment establish- ments. One speaker, for example, stated that there had been no houses of prostitution in a particular neighborhood for ten years but, subsequent to the opening of a triple -X video store, two houses of prostitution had opened. These illegal establishments have since been closed by the city. Quality -of -life impacts, such as littering, noise, late night operations, offensive signage, and general negative perceptions about neighborhoods or certain streets, were often mentioned as impacts. For example, the not-for-profit operator of an SRO stated tha7 persons loitering near two adult establishments located across the street from the residence have made the street "intimidating," giving it a "different feeling" from that which had existed before the second adult use moved to the street. In other cases, certain impacts such as offensive signage depicting eroticism or sexually -explicit words were noted as especially problematic for children. It was observed that these signs are sometimes located near school bus stops. Most of those testifying identified the impacts of adult entertainment establishments as especially troublesome in residential neighborhoods. Many noted the problem of adult uses in concentration, and expressed concern about the proliferation of these establishments absent the enactment of controls. In general, those testifying against government regulation of adult entertainment establish- ments disputed the testimony about impacts. For example, testimony was offered that an adult burlesque theater provides 50 percent of the business of the commercial parking lot located across the street from it. Rather than having a tlegative impact on nearby businesses, it was claimed, _the adult establishment brings in business and benefits other businesses. Others stated that the testimony of those proffering impacts from adult establishments was anecdotal. An adult video distributor, alluding to the Chelsea Business Survey, complained of bias in surveys and stated: "The way you phrase a question can determine the reply." Impacts Identified in the Times Square Business Improvement District Study In June 1993, a Times Square Business Improvement District study found that pending city­- wide ity r -wide legislation, placing locational restrictions on adult entertainment uses, would remove - adult uses from most of the Times Square area; the approximately 40 adult uses presently within the area would only be allowed in small clusters in manufacturing districts to the south 40 t and West of the TSBID 6o Aware of the legislative history of sitnilar legislation around the �} country, the TSBID contracted for a further study on the secondary effects of adult entertainment uses and their concentration, which was issued in April 1994. 61 The TSBID requests that the city restrict adult establishments in residential neighborhoods, and develop "legal and effective ways to mandate dispersal of these uses in commercial and manufacturing districts in such a way that no designated area becomes saturated, producing the negative impacts that Times Square and, Eighth Avenue in particular, suffer." The study focused on the impacts of the dense concentrations of adult entertainment uses along 42nd Street between Seventh and Eighth Avenues and along Eighth Avenue between 42nd and 50th Streets. It briefly summarized the history and demographics of the area, crime statistics, and the results of 53 in-person and telephone interviews with large and small-scale business and property owners including retail, restaurant, hotel and theater enterprises as well as community boards, civic organizations, churches, schools and social service agencies. It also analyzed trends in property values. Data for assessed property values for the 1985/86 and 1993/94 years were analyzed individu- ally and in aggregation for study and control blockfronts to derive the specific and overall changes in valuation over that period of time. According to the study, aggregate data showed that the rate of increase of total assessed values for the study blocks with adult uses did not increase as much as the rate of increase for the control blocks without adult uses. For specific blocks, the rates of increase for other uses tended to tie less than those for adult uses. The report stated that the proximity of an adult use may be "subjectively viewed" by assessors, and cited further corroboration by an appraiser with the Department of Finance. The study of property values -concluded that "while it may be that the concentration of adult use establishments has a generally depressive effect on the adjoining properties ... we do not have sufficient data to prove or disprove this thesis." There were almost twice as many complaints about crime for the 42nd Street study block as the control block, and more than twice as many complaints for the Eighth Avenue study blocks as the control blocks. The number of criminal complaints are highest near 42nd Street where adult uses are most concentrated and decline further along Eighth Avenue. Prostitution arrests 6° "Report on Adult Use Establishments in the Times Square Business Improvement District and the Effect of the New York City Council's Proposed Neighborhood Protection Act," Insight Associates (in association with Raven Design Works), June 14, 1993. 61 "Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area." Times Square Business Improvement District, April, 1994 (prepared by Insight Associates). 41 were higher on Eighth Avenue than Ninth Avenue but even higher for the area west of Ninth Avenue. Police statistics indicate that there has been a 54 percent decrease in crime during the past five years in the Times Square area, where the number of adult uses has also declined. A survey of property and business owners in the Times Square area revealed several impacts from adult entertainment establishments located in the area, particularly in concentration. All (12) expressed the view that adult use businesses have a negative effect on the property values of businesses located in their vicinity, emphasizing the negative effects of a concentra- tion of adult businesses. Theater organization executives (3) stated that adult uses are detrimental to their business. One cited complaints from theater patrons about an adjacent adult use. Representatives of restaurants (7) attributed declining business during evening hours, inability to book corporate parties, and "flamboyant" adult use advertising as having a negative impact on their businesses. Three hotel operators and one hotel owner "agreed that the dense concentration of adult entertainment venues was a deterrent to their trade". One ` hotelier stated bookings are down; customers have sent photographs of the adjacent porn store to complain to the hotel's national booking office. Of five retailers interviewed, two stated ` that "unsavory" people loiter in front of adult uses, and are involved in petty crime. Impacts Identified in Newspaper Reports and Correspondence Newspaper articles since 1993 have chronicla4 neighborhood concerns and opposition to the proliferation of adult entertainment establishments throughout New York City. Previously located in a few specific areas, e.g., the Times Square area, 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 their neighborhoods, and afraid of potential negative impacts, have organized ad hoc groups and appealed to local officials to have them closed down. Using a combination of picketing, petitions, publicity and pressure tactics on landlords, these neighborhood groups have often been able to directly influence the location of adult entertainment uses. The following is an abstract gathered from New York City newspapers, both daily—and weekly, of the opinions and actions of local residents who oppose the operation of adult uses in their neighborhoods. Although anecdotal and subjective, these comments demonstrate the concern, outrage and sense of intrusion that many people feel. 42 Fear over the potential consequences of proliferation is a major factor in neighborhood opposition to adult entertainment uses. A businessman on Sixth Avenue in Chelsea who has just had a triple -X video store move into the ground floor space in his office building states: "Then I see every couple of blocks has that kind of store and just worry that the neighbor- hood would change to be like Times Square." A member of Manhattan Community Board 4 is more explicit: "You get three to five of these stores in an area and you create a strip. Have a strip, and you get prostitution and other related problems." In the Chelsea area, concern is so great about the proliferation of adult entertainment uses that residents and businesspeople joined in a coalition that has been successful in routing four of the nine adult uses in the neighborhood. The Chelsea Action Coalition has held protest marches and rallies to denounce such uses and has picketed adult entertainment uses to intimidate both the store owner and the potential patron. A woman .who participated in a protest march with her eight year old daughter said she did so because, when she and her daughter walk down Sixth Avenue, her daughter says: "Don't look, Mommy. It's a very dirty J store." The Coalition has publicized the names of landlords who rent space to adult entertain- ment uses, pressuring landlords to evict them. After being picketed, one owner of a triple -X video store, at Seventh Avenue and 23rd Street, converted two-thirds of his store to conven- tional videos, put up a sign stating, "Ladies and Kids are Welcome," and distributed flyers apologizing for opening the store in a residential neighborhood. The Coalition has also reached out to the community board and the City Council, asking for legislative action. Fear of proliferation of adult uses can mobilize community action even when local civic leaders and 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 leafletting the neighborhood, over 1,000 people signed a petition opposing it. "This is a community issue for those of us who live in Bay Ridge," said one resident. Citing the belief that the topless club sets a precedent that other such establishments might follow, the leader of an ad hoc group formed to fight the topless club also reflected an apprehension that an adult entertainment use attracts people from outside the neighborhood: "This place is bringing in people from all over the { place, who are not of, by or for this community. We've got people from Brooklyn Heights, Bensonhurst, members of the Hell's Angels, all kinds of people in there." The club owner, a long-time resident of Bay Ridge, met with local elected officials, civic leaders and police officials, and offered a number of concessions by curtailing dancing on Sundays and restrict- ing dancing to after 9:00 pm on other nights. The community organization threatened daily protests if the bar continued to feature topless dancing. The club owner changed the topless t 43 format, saying he "did not want to insult the community or church." "Communities have a lot of power in situations like this (because) if nothing else works, they could make it { economically impossible for the club to operate by continuously picketing the place," said a local official. Concerted community action has also been effective in Astoria, Queens. When an awning ! advertising "Adult Video" was installed for a store undergoing renovation on Ditmars Boulevard, irate civic leaders, politicians, clergy and residents hastily assembled a group called the Coalition for the Protection of Children. "I've never seen 'the community united like this on any issue," said a local politician suggesting that this was because the store was in the middle of a residential area and within walking distance of four schools. After negotiations with the landlord and store owner failed, the Coalition scheduled twice-daily protests opposite the store. Local newspapers provided publicity, listing protest times and telephone numbers for further information as well as the name of the store owner. The owner soon assured the Coalition that the store would become family-oriented with an -adults -only section but it was finally shut down in the face of continued opposition. The Coalition vowed to demonstrate against other adult entertainment uses because "this is a significant problem in the city," according to one local legislator. Residents on the Upper West Side 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 M was altered to a format less objectionable 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 the small building said they were Iafraid the store would attract transients and expose children to X-rated material. "We don't have any control or say about what's moving onto our block," said a woman who complained to the community board. "I believe in freedom of speech," added a neighbor who organized the demonstrations. "I understand that people have the right to sell and buy these things. I just don't want it across the street." Concern over a triple -X video store on Bleecker Street in Greenwich Village located 200 feet from a church and parochial school prompted an informal protest by residents that led to the cancellation of the lease. "To have a store with pictures of a donkey having sex with a woman located 40 yards from an elementary school is simply unacceptable," said a member of a nearby block association. Another resident, concerned that an influx of triple -X video stores could harm the tourist business in the Village, stated: "No one wants to do away with the First Amendment but this is degrading to the quality of life in the neighborhood." A number of merchants complained about the high visibility of a triple -X video store that has semi -naked women painted on the windows and flashing lights over the door. "This is bad for the atmosphere of the entire neighborhood. A lot of tourists come through here, and the [triple -X video] store can hurt everybody's business." In November, at a community board meeting in the Clinton area of Manhattan, residents of West 30th Street in Manhattan testified for six hours about a 1S foot illuminated sign, 1 "NUDE," that advertises a new topless club on Eighth Avenue near Madison Square Garden. 1 Although worried about the proliferation of adult entertainment uses'eroding their quality of life, it was reported that residents were most outraged by the blatant signage. "A lot of them just want to go into [the club] and smash the joint," said a member of the community board. About 400 residents marched and picketed a 24-hour triple -X video store on Flatbush Avenue in Brooklyn because "it's a block and a half from an elementary school, and near a McDonald's and Burger King where high school kids hang out," according to one civic leader. "We feel it doesn't belong here." In Community Board 12 in the Bronx, a neighborhood bordering Westchester County, residents have organized several protests against a topless club that opened in January on East Gun Hill Road near Laconia Avenue. The opposition is concerned about the location of the club. "The guy is surrounded by churches and schools," said the community board chairman noting that the three other adult entertainment uses in the district are in primarily commercial areas. Last fall, the Board was successful in deterring the owner of a bar on East 233rd Street a from converting to a strip club. "We basically just told him that he was hurting the Ineighborhood's image and himself by doing it and that we'd fight him," said the chairman of the community board. "He agreed to stop." IIn Jackson Heights, Queens, members of the Jackson Heights Neighborhood Association objected to a nude juice bar located on a commercial 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 all the First Amendment or the right to be nude," said a local merchant and civic leader. "It's just their location, period." On East 53rd Street in Manhattan, between Second and Third Avenues, some residents have formed a block association to protest the appearance of two triple -X video stores. The stores epitomize a relapse for the previously notorious block known as the Loop for its male prostitution and profusion of adult entertainment uses. "This was just beginning to get cleaned up," said one nearby resident. "Now, this." A landlord across the street from the video stores 45 complained: "Every one of our potential renters refer to those stores. They are unhappy to see this type of clientele in a residential neighborhood." The owner of an adjacent 55 -unit apartment house, however, claimed to have a waiting list. At one of several protest rallies in front of the stores, one man who had brought his two young sons, said: "Bringing tip 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 entertainment uses are a focus of much of the local condemnation. "These gross caricatures of sexual objects are an insult," said a member of Manhattan Community Board 4. "It's all psychological," said a store owner in Murray Hill directly across the street from a triple -X video store. "The store looks terrible but they're not doing anything wrong." A Chelsea resident agreed: "The problem is not that its a porn store but that it looks like hell." Some residents perceive other impacts emanating from the presence of an adult entertainment use. - Residents reported seeing prostitutes for the first time on Third Avenue and 37th Street, in I Manhattan, a result, allegedly, of the presence of a 24-hour triple -X video store. A local civic group held frequent demonstrations and set up a table on the sidewalk where volunteers sat and harangued customers of the triple -X video store. Although the signage has been described as muted, passersby had a clear view through the windows of the .store interior. "It's an j assault to the eye," said a member of the Murray Hill Committee Zoning Alliance who led j twice -weekly protests and claimed to have gathered 7,000 signatures opposing the adult use. I The owner masked the windows but eventually closed citing lack of business. Neighbors joined in nightly demonstrations outside an upscale, nude cabaret, Runway 69, on Austin Street in Forest Hills, Queens. The landlord was subjected to a barrage of telephone calls protesting the presence of the nude dancers. "I don't want to sound like I'm all for it [the nude club]," said one local merchant, "but Forest Hills is changing." The club replaced a disco that attracted police attention because of the young, rowdy crowd. Afraid that the adult entertainment use would increase congestion, attract disreputable outsiders and attract ' crime, the demonstrators continued until the landlord negotiated to buy out the club's lease. Referring to the First Amendment right of free speech that covers adult entertainment uses, -« _,� a member of a neighborhood association in the East 60s in Manhattan claimed: "Everybody has a right to go to these places but when it becomes a nuisance, when it becomes a major problem, we can exercise our First Amendment rights to protest noise, sanitation problems, traffic and crimes." 46 There have been numerous letters and petitions from community groups and local organiza- tions protesting the intrusion of adult uses into their community and asking the City to find solutions for the problem. "(We) just wish to live quietly and raise (our) families in quiet residential communities," wrote the president of one borough -wide civic group. A taxpayers' group in Glendale said that having to pass adult uses was offensive for children and adults J who participated 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 -oriented bars." The executive director of The New York Foundling Hospital was concerned that their young charges were exposed to the "blatant and offensive" signs advertising triple -X video stores in Chelsea. A neighborhood association in Manhattan, wrote that it "sees the proliferation of pornographic businesses as a dangerous trend that violates the integrity of our East Side neighborhood." A resident of the East Side wrote: "We, who live in the city's residential areas, are not opposed to free speech, we just feel porn establishments should exercise their 1 free speech in more appropriate commercially zoned areas. The tenants of a residential- hotel j in the Times Square area submitted a number of signed petitions and wrote: "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 crime has increased, they do know that the quality of their lives and their neighborhood is being deleteriously impacted." Another civic group summed it up when it wrote: "many law-abiding citizens view these establish- ments as a threat to the quality of life in their neighborhoods. Such concerns are quite valid =;3 and should not be easily dismissed." 47 VI. SURVEY OF ADULT ENTERTAINMENT USES In 1993-94, DCP surveyed street and signage conditions, local organizations and businesses, jreal estate brokers, and police and sanitation officers, and analyzed criminal complaint and property assessment data for six study areas throughout the city to obtain information about the jimpacts of adult entertainment establishments. A map indicating the location of the study areas follows. The Times Square area was not chosen as a study area because the TSBID study was I already underway. DCP's study areas were mostly in the other boroughs in areas with lesser f concentrations of adult uses. Three of the six study areas contained a single isolated use. Within 1 each study area, DCP selected "survey" blockfront(s), containing one or more adult entertain- ment establishments, and "control" blockfront(s), which have similar land uses, except for an adult use. A map of each study area is included in Appendix A. i Summary Survey Results ` Planners' Assessment it Sidewalk and street frontages on the survey and control blockfronts in each of the six study areas were studied for noise, traffic, sanitation, and loitering. Caution should be exercised in generalizing from this survey. Observations were made during the cold weather months, and Iover a brief amount of time. Cold weather will discourage loitering because few people want to remain outdoors for extensive periods under such` conditions. Surveyors did not spend significant amounts of time observing each street element, although observations were made more than once, on various days of the week, at different times of the day or night, and on i numerous blockfronts. On survey blockfronts in half of the study areas, impacts were noted. They were generally associated with non -adult uses, e.g., noise from voices and pedestrian congestion were noted on a blockfront in Study Area 2, but the impacts are associated with a playground. In Study Area 3, pedestrians were observed waiting on the sidewalk, but for meals served in a church. However, some noise from music emanating through the walls onto the street was noted for the topless bar in Study Area 6. 49 Study Areas: >`: `'^ '��,, s, • ; 1 within Manhattan Community Districts 4 3 5 �� • ' „w ' ' �� 2 within Manhattan Community District 7 1 t ; 9 - within Bronx Community Districts The Bronx 4 - within Brooklyn Community District Try+. >, 5 - within Queens Community District 2 6 - within Staten Island Community District 2 - . ; Manhattan AW ?sAr !� f<f: Queens 4 `l Brooklyn r 4 a 1• n Study Areas IVIP study area r~ I4 study area designation Adult Entertainment Study partment of City Planning /City of New York Signage Review Accessory business signs were examined for all ground floor commercial uses located on the survey and control blockfronts in all six study areas. Little difference was noted,for most signs on the survey blockfronts compared with the control blockfronts, except with respect to adult entertainment establishments. In general, signage is characterized by the name of the establishment located above the storefront. Sometimes the accessory business signs are illuminated; less frequently they are flashing. Where there are display windows, additional signs are generally found; these are often neon or illuminated. Signs are generally flush with the buildings, but are sometimes located on projecting canopies. Significantly, however, the signage for the adult entertainment establishments is characteristi- cally at odds with that of other establishments. In half of the study areas, signage for the adult uses occupies a greater percentage of storefront surface area than other commercial uses located within the same blockfronts. For example, on blockfronts in Study Area 2, accessory business signs cover approximately 25 to 40 percent of the storefront surface area, but the adult use signage occupies 80 to 100 percent of such area. On blockfronts in Study Area 6, accessory business signs cover about 20 percent of frontage; the adult use has signage covering approximately twice that amount. On blockfronts in four of the six study areas, adult use signage tends to be illuminated when that of non -adult commercial uses is not. For example, on blockfronts in Study Area 1, approximately 80 percent (32 of 37) of the ground floor commercial accessory business signs are non -illuminated. In stark contrast, 75 percent (3 of 4) of the adult entertainment establish- ments have illuminated signs. On blockfronts in Study Area 4, signs on most of the adult entertainment establishments are illuminated, but non -adult uses located on these blockfronts generally have non -illuminated signage. In half of the study areas, graphic material for adult use signage was noted. For example, in Study Area 5, the outline of the female figure was a component of the adult use business sign. Flashing signs were generally not noted for the adult uses located in the six study areas. The structure of the signage for the adult use located -U-Study Area 3 is typical of that of movie theaters. Significantly, the movie marquee and movie poster board display windows are devoid of graphic material; only "XXX" and "adult" indicate that pornography is shown inside. 51 Community Responses CTwenty-eight local organizations, including the community district offices, within the six 1 study areas 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 received comments about adult entertainment establishments located in their communities. Five said that these comments represented about half of all comments made about commercial uses; four informed DCP that they made up an even greater (a high) proportion of such comments. The comments, primarily from residents, mentioned graphic signage, potential proliferation of uses, proximity to residential neighborhoods, negative influence on children and teenagers and the nature of the adult use itself. More than 80 percent of those surveyed (19 of 23) responded that adult entertainment establishments negatively impact the community in some way. Two-thirds (12 of 18) stated that the impacts from adult uses are different from those of similar establishments not characterized as adult; however, bars and discos were often said to create problems whether they have an adult use character or not. Approximately 20 percent of those responding (4 of 19) indicated that the impacts are the same for all types of adult uses studied. Nearly 40 percent (9 of 23) of those responding stated that they have dealt with the owner or manager of an adult business about a community concern. Only two reported that the issue was resolved. ,. Business Responses Ninety-seven businesses located within the survey and control blockfronts were contacted and asked to respond to DCP's business survey, and 70 agreed; not all responded to each question asked. ' Approximately 20 percent (13 of 60) of those responding stated that they have received comments about adult uses in their area. For example, some said they were aware that residents, clients, etc., perceived that the adult use was inappropriate for the neighborhood, or that a proliferation would be bad for the community. Thirty-three percent (17 of 52) responded "not known" to a question about how nearby adult I uses impact their business. However, seventeen percent (9 of 52) responding to the question think that nearby adult uses do impact their business. Nine (of 40 responding) believe the impacts are the same for all types of adult uses, i.e., adult bars, triple -X video stores, and 52 r adult theaters. Twenty percent of the businesses responding (11 of 53) think that the impacts ` from nearby adult entertainment establishments are different from the impacts of similar establishments not characterized as adult. i Nearly half of the businesses responding (27 of 57) believe that their business would be negatively affected if more adult establishments were to locate near them. However, a nearly equal number (24 of 55) believe that their business would be positively affected if more bars, lmovies or theaters, or video/bookstores of any kind were to locate nearby. ` About 10 percent of the businesses responding (4 of 44) stated that they have dealt directly with the owner or manager of an adult business about a business concern. Half advised the surveyor that the concern was resolved. Police Responses The community liaison or beat officer was interviewed for each of the six study areas. When the survey and control blockfronts were compared for criminal complaints and allega- tions, the officers generally did not link higher incidents with adult uses. Three officers believe that criminal allegations are higher on the survey blockfronts compared to the control blockfronts but, in two of these cases, the higher incidence of allegations was attributed by them to uses unrelated to the adult use. In a single instance, an officer replied that the adult entertainment establishment located in ' the study area has some effect on crime, and then "only rarely." Four of the six officers thought the adult uses have no effect on crime. N One officer stated that if more adult entertainment establishments were to locate in the study area, crime probably would increase. However, that officer and another responded that more bars, movies or theaters, or video/bookstores of any kind would effectively increase crime in the study area. Real Estate Brokers Responses Nineteen real estate brokers from all of the six study areas were interviewed; not all responded to each question asked. ' It is significant that more than 80 percent of the brokers responding (11 of 13) reported that an adult entertainment establishment tends to decrease the market value -of property that lies within 500 feet of it. When the distance is increased from between 500 to 1,000 feet of an adult use, a majority of brokers (7 of 13) indicated that the same phenomenon would occur. At 1,000 or more feet, less than 25 percent of the brokers (3 of 13) responded in this manner. The pattern 1 53 Y I of response was basically unchanged when the question referred to two adult uses (a concentra- tion) instead of one. In addition, approximately two-thirds (8 of 13) of the brokers expressing an opinion said that the presence of an adult entertainment establishment lengthens the time it takes to sell or lease nearby property, or the turnover rate of nearby properties. ' Several brokers added comments to explain their responses about the impact of adult enter- tainment establishments on nearby property values. Some said that property value decreases would be minimal, or that values may be affected differently depending on the age make-up of the area. One broker suggested the area of impact as one avenue or'two short blocks; most brokers said that it was not the physical distance but the perceived impact that mattered most. One broker said that impact depends on whether the (real estate) market is up or down. In general, commercial brokers said that impacts on commercial properties would tend to be limited because the value of storefronts on such strips is determined more by locational factors, business volume, etc., than by a nearby adult use. Not all comments were negative: for example, one broker asserted that a particular adult bar offers customers a check cashing service that would not otherwise be available in the manufacturing district to which he was referring. Three brokers related incidents in which an adult use negatively impacted other properties. One incident involved a children's gym that moved after a topless bar located within the same shopping center. Another broker reported that a prospective residential loft purchase was terminated after it was reported that the Flower District planned to move. The pur- chaser feared that the vacant space would be occupied by adult uses. A third incident concerned the broker — he stated that when he learned that his wife's company was planning to move to a building containing a storefront adult use, he intervened and found new offices for the company. Subsequently, he heard that the space in the building containing the adult use took a long time to rent. Sanitation Interview The Sanitation Department official representing each study area was interviewed. Sanitation problems were attributed to one adult use, located in the Study Area 6. The problem consisted of two violations issued over the past year for litter and broken glass in the accessory parking lot. 54 Analysis of Criminal Complaint Data The Police Department provided DCP with information about criminal complaints for the three-month period beginning June 1, 1993, for the survey and control blockfronts within the six study areas. The complaints were drawn from precinct files. Criminal complaints are allegations of unlawful acts, generally reported by a victim. The study analyzed this data to see if there was any association between complaints and adult uses. Within each study area, there were generally more complaints noted in the survey blockfronts compared with the control blockfronts, as shown in Table 4, below. Only in Study Area 3 were more complaints recorded for the control blockfronts compared to the survey block - fronts. In Study Area 4, an equal number of complaints were noted for the survey and control blockfronts. Study Area 6 has too few complaints for meaningful analysis. TABLE 4 CRIMINAL COMPLAINTS ON SURVEY AND CONTROL BLOCKFRONTS Study Area Complaints on Survey Blockfronts Complaints on Control Blockfronts Study Area 1 80 24 Study Area 2 16 10 Study Area 3 47 99 Study Area 4 8 8 Study Area 5 117 29 Study Area 6 3 0 Within each study area, the number of survey and control blockfronts often differ. In Study Areas 1, 4, 5 and 6, the number of survey blockfronts is greater than the number of control blockfronts. To account for these differences, a control blockfront was "paired" with the sur- vey blockfront that has the most similar land uses (and an adult entertainment establishment). 55 Criminal complaints for the paired blockfronts are shown in Table 5, below 6z TABLE 5 , CRIMINAL COMPLAINTS ON "PAIRED" BLOCKFRONTS Study Area Complaints on Control Blockfront Complaints on Paired Survey Blockfront Study Area 1 10 7 Study Area 2 10 16 Study Area 3 99 47 Study Area 4 8 2 Study Area 5* 23 6 49 10 Study Area 6 0 0 - *Two control blocks were chosen for the study area; the area spans approximately one mile, and the character of it changes. In Study Areas 1, 3 and 4, there were more complaints noted on the control blockfronts compared with the survey blockfronts. However, in Study Areas 2 and 5, more complaints were noted on the survey blockfronts compared with the control blockfronts. In Study Area 6, there were no complaints on either the control or survey blockfront. Other land use related criteria could affect the analysis. For example, the location of the paired control and survey blockfronts was analyzed for proximity to transportation facilities such as subway stations and limited -access highways. These facilities bring concentrations of people into an area, and by doing so may affect the incidence of criminal complaints. In general, the blockfronts located closest to subway stations and a limited -access highway ramp had more criminal complaints than blockfronts located farther away. Excluding from this analysis one of the paired blockfronts in Study Area 5 that is distant from subway access, and Study Area 6, because there were too few complaints to consider, the analysis found that in each of the other study areas the number of criminal complaints was greater near transpor- tation facilities, notwithstanding the location of an adult use. 62 Due to limitations in reported data, in Study Area 1 — where the complaints were generally listed by street intersection rather than by blockfront — 25th Street was chosen for the two survey blockfronts and 21st Street was chosen for the two control blockfronts. 56 0 In addition, caution should be exercised in making inferences using criminal complaints. Data was collected for the limited purpose of identifying differences in criminal complaints between survey and control blockfronts within each study area, not between or among study areas. Differences in the number of criminal complaints between or among study areas may be a function of variations in population densities, or other factors for which no study controls were established.. Additionally, data was gathered for a single, limited period of time; not for trend analysis. In summary, it was not possible to draw definitive conclusions from'the analysis of criminal complaints. Land uses other than adult entertainment establishments, e.g., subway station access, appear to have a far stronger relationship to criminal complaints. It was not possible to isolate the impact of adult uses relative to criminal complaints. Analysis of Property Assessed Values For each study area, property assessed valuations were identified for 1986, 1989 and 1992, and the percentage changes between 1986 to 1992 were noted for the study area, survey blockfronts, control blockfronts, community district, and borough. The survey and control blockfronts were compared using the data indicating the percentage changes. The survey blockfronts were also compared in the same way with the community district and borough. 4 The analysis of trends in assessed valuation relative to,adult entertainment uses was inconclu- sive. It would appear that if adult entertainment uses have negative impacts, they are overwhelmed by other forces that increased property values overall, at least as measured by assessed values. Even at the small scale of the survey blockfront, there is a wide diversity in ` the assessed value trends ranging from an increase of more than 18 percent to an increase of more than 200 percent over the period of analysis, strongly suggesting the importance of i other factors. The influences on assessed value that the city's assessors take into account are i numerous and include the sale prices of similar comparable properties adjusted for differences in size, age, and location. While the total assessed values on the survey blockfronts may be influenced to some extent by the presence of adult entertainment uses, demonstrating such effects is very difficult. In the two Manhattan study areas (Study Areas 1 and 2), the change on the control block - fronts substantially exceeded the change in the assessed valuation on the survey block -fronts. Between 1986 and 1992, the total assessed valuation on the control blockfronts in Study Area f57 1 increased 165 percent; the survey blockfronts increased 68 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 study areas, total assessed valuations increased by a greater percentage on the survey blockfronts compared to the control blockfronts. In Study Area 3 (the Bronx), the total assessed valuation on the survey blockfront increased by 164 percent over the six-year period; the control blockfront increased 155 percent. In Study Area 4 (Brooklyn), the total assessed valuation on the survey blockfronts i&reased 78 percent; the control blockfront by 19 percent. Study Areas 5 (Queens) and 6 (Staten Island) had increases ` of 153 percent and 202 percent on the survey blockfronts, and 149 percent and 88 percent on the control blockfronts, respectively. There are several additional reasons why the assessed value findings are necessarily ambigu- ous. First, the survey blockfronts tend to be commercial strips or shopping streets. Commer- cial property in a stable area is likely to have assessed values updated with greater frequency by assessors, who take into account income and expense data that tends to have a net overall positive effect with inflation. Under the Direct Income Capitalization method used by assessors, this tends to yield a higher assessed valuation. Second, the adjoining community district tends to contain a greater proportion of residential property, which is subject to legal limitations on the increase in assessed valuation. Since 1983, ` residential property in Class 1 (primarily one- to three-family houses) have had their potential annual assessment increase limited to six percent and their potential maximum five-year increase capped at 20 percent (unless the increase is due to a "physical change" such as construction). In addition, in the absence of a sale, residential property tends not to be reassessed, particularly compared to non-residential property in an active area. Third, the total assessed value of the survey blockfronts is very small as would be expected compared to the community districts; in some cases less than one percent. While trends in the community district would tend to be reflective of local area trends, the magnitude of the survey blockfront component of total assessed value in the district is so small that its contribution to the community district trend would tend to be imperceptible, whether its specific impact was ` negative or positive. r - i 58 VII. OVERALL STUDY FINDINGS AND CONCLUSION DCP found that the number of adult entertainment establishments increased substantially 4 throughout New York City between 1984 and 1993, increasing 35 percent — from 131 to 177. More than 75 percent of adult entertainment establishments are located in zoning Idistricts that permit residential uses. Often these uses are found in concentration, such as in the Times Square area and Chelsea in Manhattan. Adult uses are now located in more of the city's neighborhoods than before, and have clustered within them. For example, between 1984 and 1993, the number of community districts with seven or more adult entertainment j establishments nearly tripled, from three to eight. Seventy-five percent of the adult uses are located in ten of the city's 59 community districts. Outside of central locations, adult businesses have clustered along major thoroughfares, such as Queens Boulevard and Third Avenue in Brooklyn. Adult entertainment is more readily accessible now than it was ten years ago. Cable television, newsstands, bookstores and many general interest video stores also provide adult viewing material. E The proliferation of adult entertainment establishments within New York City is attributable in part to the increase in adult video stores, which recently have begun to carry inexpensive videos, and growing numbers of high-priced topless and nude bars. Changing sexual mores since the scourge of AIDS may be another factor. One segment of that industry, adult triple -X videos, reported $2.1 billion in sales and rentals in 1993. Within New York City, the topless club segment of the industry is estimated conservatively as a $50 million a year business, employing about 1,500 dancers. r I DCP found secondary impacts, similar to those found in studies done by other localities. For example, the Town of Islip, New York, found that adult uses create "dead zones" in commer- cial areas that shoppers avoid. Los Angeles, California, found a greater proportion of certain crimes in areas of concentration of adult uses compared to the city as a whole, and other impacts traced to negative public perceptions about adult uses, such as the need to provide private security guards in parking lots and closing area businesses early. Los Angeles also found that adult businesses were perceived by the majority of survey respondents as exerting a negative impact on surrounding business and residential properties, stating "in terms of the attitudes of the respondents towards such businesses, the conclusion must be drawn that the overall effect on surrounding properties is considered to be negative." 4 Indianapolis, Indiana, in cooperation with the Indiana IJniversity School Of Business' Division of Research, surveyed national real estate appraisers and found that 75 percent of the appraisers c 59 felt that an adult bookstore located within a block of a residential neighborhood would have a negative effect on real property. Major crimes occurred in study areas that contained at least one adult entertainment establishment at a rate that was 23 percent higher than six control areas (similar areas without adult entertainments), and 46 percent higher than the Indianapolis Police District. The City of Whittier, California, found higher turnover rates in commercial and residential areas adjacent to adult uses. The study compared 38 types of criminal activity over two time periods, showing a total increase of 102 percent for the study area corifaining adult businesses while the city, as a whole, only had an eight percent increase. A study by the City of Austin, Texas, compared areas with adult businesses to other areas containing similar land uses but no adult businesses, revealing a sex crimes rate between two and five times greater in the areas with adult businesses. The study also showed that the sex- related crime rate was 66 percent higher in areas having two or more adult businesses than in those areas having only one such business. Phoenix, Arizona, studied the relationship between arrests for sex crimes and the locations of adult businesses, finding an overall increase of six times the sex crime rate in the study areas with adult uses over the control areas without such uses. The State of Minnesota reported that a study conducted in that state examining the effects of I sexually -oriented businesses upon property values and crime rates indicated clearly that such r businesses had a strong negative impact on the„crime rate. The addition of one sexually - oriented business to a census tract area caused an increase in the overall crime rate index in that area by more than nine percent. In another state study, it was determined that there was a statistically significant correlation between the location of adult businesses and neighbor- hood deterioration. Housing values were significantly lower in an area with three adult businesses than in an area with only one adult business. Also, there was a significantly higher crime rate associated with two adult businesses in an area than was associated with only one adult business in an area. Many other localities such as Manatee County, Florida, and New Hanover County, North Carolina, relied on the studies of other localities to predicate zoning text amendments, a method sanctioned by the United States Supreme Court. 63 As a result of these impact studies, numerous communities enacted zoning laws to restrict the location of sex businesses pp 63 City of Renton v. Playtime Theatres, Inc.. 475 U.S. 41 (1986). 1 of recent newspaper articles. DCP's survey of newspaper articles about the proliferation of adult entertainment establishments shows widespread public concern about their impacts, such 1 as increased crime, attracting disreputable outsiders to a residential area, changing neighbor- hood character, and outrage and fear. For example, a businessman on Sixth Avenue in Chelsea who has just had a triple -X video store move into the ground floor space in his office building stated "Then I see every couple �j of blocks has that kind of store and just worry that the neighborhood would change to be like D Times Square.""' Concern over a triple -X video store on Bleeckec Street in Greenwich Village located 200 feet from a church and parochial school prompted an informal protest by residents that led to the cancellation of the lease. "To have a store with pictures of a donkey having sex with a woman located 40 yards from an elementary school is simply unaccept- able," said a member of a nearby block association. In another example, a report stated that about 400 residents marched and picketed a 24-hour triple -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 here." In Community Board 12 in the Bronx, residents organized several protests against a recently opened topless club because of its location. "The guy is surrounded by churches and schools," said the community board chairman, noting that the three other adult uses are in primarily commercial areas. In 1993, the Chelsea Action Coalition, in cooperation with Community Board No. 4, Manhattan, published the Chelsea Business Survey, which identified negative impacts associated with a concentration of sex-related, businesses in that community. Of 100 F businesses surveyed, 61 percent felt that the triple -X video stores had a negative impact on t` their businesses and 88 percent thought the potential for doing business in Chelsea has been negatively affected by the adult stores. Several impacts from adult entertainment p establishments were noted in a public hearing held October, 1993, by the Manhattan Borough President's Task Force on the Regulation of Sex - Related Businesses. More than 20 testified; approximately twice as many in favor of regulating adult businesses as those opposed to government regulation. References to "Times Square' are often made by New Yorkers concerned about the proliferation ana concentration of adult establishments. It is not hard to understand why. According to the 1983 Annual Report of the Mayor's Office of Midtown Enforcement, in the mid -1970's "Times Square was clogged with pimps, johns, and hookers as well as the addicts and muggers who along with them preyed on the public." The report states that 1,200 prostitutes worked out of the dozen or so prostitution hotels and the 23 massage parlors concentrated along Eighth Avenue between 34th and 55th Streets, and another twelve sex businesses were wedged in between these businesses. 62 Those citing negative impacts from adult establishments noted crime most frequently, and quality of life impacts such as littering, noise, late night operations, offensive signage, and t general perceptions about neighborhoods or certain streets. For example, the President of the 42nd Street Development Project, referring to a concentration 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-thirds of the project area in April, 1990 and a majority of the site was cleared. The operator of a not-for-profit SRO stated that persons loitering near two adult establishments located across the street from the residence have made the street "intim- idating," giving it a "different feeling" from that which had existed before the second adult use moved to the street. Some observed that offensive signage depicting eroticism or sexually explicit words were noted as especially problematic for children; sometimes these signs were -� located near school bus stops. Some noted that the impacts from adult entertainment establishments were positive; e.g., a burlesque theater owner stated that her business provided 50 percent of the business of -the commercial parking lot located across the street. The positive impacts of adult entertainment establishments were further noted in a meeting held by DCP and industry representatives. They maintain that their businesses earn revenue for the city, provide jobs, and stimulate tourism. Through the fall of 1993 and continuing into 1994, DCP surveyed street and signage conditions, local organizations and businesses, real estate brokers, and police and sanitation officers, and analyzed criminal complaint and property assessment data for six study areas throughout the city to obtain information about the impacts of adult entertainment establish- ments. Four of the six study areas were in boroughs other than Manhattan and in some cases contained a single isolated adult use. Surveyors found few problems but much of the work involving street conditions (noise, loitering, litter) was done during the winter months, and the results should be reviewed with caution. Significantly, the survey noted that signage for the adult entertainment establishments is characteristically at odds with that of other nearby commercial establishments. In half the study areas, signage for the adult use occupies a greater percentage of storefront surface area than other commercial uses located within the same blockfronts. In one study area, accessory business signs cover approximately 25 to 40 percent of the storefront surface area, but the adult use signage occupies 80 to 100 percent of such area. In four of the six study areas, adult use signage tends to be illuminated when that of non -adult commercial uses is not. In one study area, approximately 80 percent of the ground floor commercial accessory business signs are non -illuminated; in stark contrast 75 percent of the adult T 63 y establishments have illuminated signs. Also, in half of the study areas graphic material was noted for adult use signage. It is also significant that more than 80 percent of the real estate brokers responding to DCP's survey reported that an adult entertainment establishment tends to decrease the market value of property within 500 feet. When the distance is increased from between 500 to 1,000 feet of an adult use, a majority of brokers indicated that the same phenomenon would occur. The pattern of response was basically unchanged when the question referred to two adult uses ` instead of one. In addition, approximately two-thirds of the brokers expressing an opinion stated that the presence of an adult entertainment establishment lengthens the time it takes to sell or lease nearby property, or the turnover rate of nearby properties. This is consistent with general principles of determining market value of real property; value reflects and is affected by forces that motivate the activities of people, including social ideals and standards. In surveys of community organizations, more than 80 percent responded that adult entertainment establishments negatively impact the community in some way. Nearly half of the businesses believe that their business would be negatively affected if more adult establish- ments were to locate near them. Where respondents indicated that their businesses or t. neighborhoods were not adversely affected by adult uses, the uses were not typically found in concentration; however, the respondents expressed a fear of the consequences of the potential proliferation and concentration of adult establishments in traditionally neighborhood - oriented shopping areas, along with a deterioration in the quality of urban life. These perceptions are bolstered by the findings in the TSBID Study and the Chelsea Business Survey, along with other studies described in more detail in this report. Years of urban planning experience confirm that these perceptions of negative impacts are important because i people act on their perceptions. As Deputy Commander Peter J. Buccino of the New York P Police Department stated in a recent unrelated newspaper article on privately funded community patrols: "Residents ... tell me they feel safer... . To tell you the truth, perception often becomes reality. "65 As cited in a legal case on adult uses, "urban sociologist Mel Ravitz stated a sociological axiom: If people believe something to be true, even if it not originally, they will tend to act as if it were true and, in so doing, help produce the condition originally believed."66 65 "Hiring Private Security Guards to Cut Neighborhood Crime," The New York Times, August 18, 1994, p. C6. 66 Gibbs vs. American Mini -Theatres, as cited in "Adult Entertainment, A 40 Acre Study," Planning Division, Department of Planning & Economic Development, St. Paul, Minnesota, 1983. 64 4- - The analysis of criminal complaint data and property assessed valuation data was less conclusive than the surveys. Regarding criminal complaints, it appears that land uses other than 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 f relative to criminal complaints. One reason is that data was collected for the limited purpose ly of identifying differences between survey and control blockfronts within each study area, not between or among study areas. Differences in the number of complaints between or among study areas may be a function of variations in population densities, or -other factors for which no study controls were established. Additionally, data was gathered for a single period of time, not for trend analysis. Comparisons of percentage changes in assessed valuations between 1986 to 1992 for the study areas, survey and control blockfronts, community district, and borough, did not reveal any significant relationship. It would appear that the negative impacts of adult entertainment uses on property values that were found in other studies were overwhelmed by forces that increased property values overall, at least as measured by assessed values. DCP found that demonstrating the effects of adult uses on property values on survey blockfronts is very difficult for several reasons, including the lack of sales and lease data, assessment practices, and the small total assessed value of the survey blockfront relative to the community district. In some cases, particularly in study areas with only one adult entertainment establishment, the DCP survey did not yield conclusive evidence of a direct relationship between the adult use and the urban ills affecting the community. This reflects the fact that, in a city as dense and diverse ag New York, it is difficult to isolate specific impacts attributable to any particular land use. Other cities that have conducted similar studies have acknowledged this same difficulty. For instance, the Los Angeles City Planning Department concluded that while assessed valuation of properties in areas characterized by adult uses "generally" tended to increase to a lesser degree than similar control areas, "there was insufficient evidence to support the contention that concentrations of sex-related businesses have been the primary cause of these patterns". Adult entertainment businesses were nevertheless perceived by the majority of the Los Angeles respondents as exerting a negative impact on surrounding business and residential properties. Whether or not such -negative impacts had actually occurred, or were only perceived to have occurred, could not always be determined by the survey, but the study concluded that "in terms of the attitudes of the respondents towards such businesses, the conclusion must be drawn that the overall effect on surrounding properties is considered to be negative." I'm DCP's survey identified strong concerns about the negative impacts of adult uses similar to those found in the Los Angeles study. Even in those study areas where it could not be readily determined that negative impacts were already being felt, there was a strong body of opinion, especially among residents, that adult entertainment uses were having negative impacts and that a further proliferation of these uses in the community would lead to neighborhood deterioration. The experience of urban planners and real estate appraisers indicates that negative perceptions associated with an area can lead to disinvestment in residential neigh- borhoods and a tendency to shun shopping streets where unsavory activities are occurring, leading to economic decline. The forces that influence real estate value are described as follows: "The market value of real property reflects and is affected by the interplay of basic forces that motivate the activities of human beings. These forces, which produce the variables in real estate market values, may be considered in four major categories: social ideals and standards (emphasis added), economic changes and adjustments, governmental controls and regulation, and physical or environmental changes." 67 The attitudinal data in the survey is 1 thus significant even in those instances where the current negative impacts of adult r entertainment establishments are difficult to measure. Fear of the potential proliferation of adult uses is a well founded concern. Taken alone, it may not seem significant if someone smokes in a subway car, scribbles graffiti, jumps a subway turnstile, aggressively panhandles or squeegees a car windshield, particularly in a city where there -are other pressing problems such as homelessness, violent crime and unemploy- ment. But when these small incidents, and establishments, proliferate and accumulate, they can tear at the urban fabric. Similarly, as the city's experience in the Times Square area indicates, the proliferation of adult uses in an area does have significant and potentially devastating impacts on the character of a community. The City has adopted an aggressive and comprehensive policy of addressing various quality -of -life issues that has begun to yield beneficial results. The problems posed by adult entertainment establishments are among the { important quality -of -life issues that affect our neighborhoods and communities. C67 The Appraisal of Real Property, seventh edition, American Institute of Real Estate Appraisers. 66 j Where respondents indicated that their businesses or neighborhoods had not k yet been adversely affected by adult uses, this typically occurred in study _ areas with isolated adult uses. Moreover, these same respondents typically ' stated that an increase in such uses would negatively impact them. Community residents fear the consequences of potential proliferation and concentration of adult uses in traditionally neighborhood -oriented shopping Iareas and view the appearance of one or more of these uses as a deteriora- tion in the quality of urban life. • Most real estate brokers report that adult entertainment establishments are perceived to negatively affect nearby property values and decrease market values. Eighty percent of the brokers responding to the DCP survey indicated that an adult use would have a negative impact on nearby property values. This is consistent with the responses from a similar national survey of real estate appraisers. • Adult use accessory business signs are generally larger, more often illuminated, and graphic (sexually -oriented) compared with the signs of other nearby commercial uses. Community residents view this signage as out of keeping with neighborhood character and are concerned about" the exposure of minors to sexual images. Based on these findings, DCP believes it is appropriate to regulate adult entertainment estab- lishments differently from other commercial establishments. The experience of other jurisdic- tions, the city's historic experience in Times Square, studies performed by the TSBID and the Chelsea Business Survey, and DCP's own survey establish the negative effects of adult entertainment uses. Consideration of the specific nature and extent of regulations that would be appropriate for adult entertainment establishments in New York City was not within the scope of this Study. However, in light of the negative impacts of adult uses in concentration, the followit7g regulatory techniques, which have been used in other jurisdictions, merit consideration in developing adult use regulations: restrictions on the location of adult uses in proximity to residential areas, to houses of worship, to schools and to each other. Appendix A 1 Study Areas Study Areas 1 through 6 are identified in the following listing. A map of each area follows. Study Area 1 Study Area 1 is located within the Chelsea section of Manhattan, Community Districts 4 and 5. It is bounded by 14th and 31st Streets, and Fifth and Seventh Avenues. Study Area 2 Study Area 2 is located within the Upper West Side of Manhattan, Community" District 7. It is bounded by West 71st and 78th Streets, and West End and Columbus Avenues. Study Area 3 Study Area 3 is located within the Fordham section of the Bronx, Community District 5. It is bounded by East 184th Street, Valentine Avenue, East 181st Street, and Walton Avenue. ( Study Area 4 1 Study Area 4 is located within the Sunset Park ngighborhood of Brooklyn, Community District 7. It is bounded by 32nd and 44th Streets, and Fourth and First Avenues, including an area 200 feet to the west of First Avenue between 39th and 41st Streets. Study Area 5 Study Area 5 is located in the Sunnyside neighborhood of Queens, Community District 2. It is bounded by 38th Street, 43rd Avenue, Roosevelt Avenue, 58th Street, Queens Boulevard, 51st Street and 47 Avenue. Study Area 6 Study Area 6 is located within the South Beach neighborhood of Staten Island, Community District 2: It is bounded by Oceanside Averiue, Wentworth and Hickory Avenues, Foch Avenue, Humbert Street and Cedar Avenue, and Austin Avenue. IJUHUUG .-. KEY .5 Study Area 2 within Manhattan CD 7 0 Adult Use Survey Blockfront(s) Control Blockfront(s) Study Area Adult Entertainment Study ^partmentor city Planning/ City of New York I 3 0 C13 � p - Study Area 3 within Bronx CD 5 • Adult Use RMSurvey Blockfront(s) Control Blockfront(s) Study Area Adult Entertainment Study Department of City Planning / City Of Nc, York - . Lower New York Bay Jy a Study Area 4 within Brooklyn CD 7 0 Adult Use 0 Survey Blockfront(s) EMControl Blockfront(s) - Study Area 1 Adult Entertainment Study' Department of City Planning /City of Now York 500 1000 FEET FEE NY/ r �I I Sunnyside I / Yard Lg qr:-`�j h ti h Y anAve y` P 43rd -e o & v R��ve pve-� L inn ur---jns 81vd �o C as t (n rafi rn L I7? 471h Av e.y t 48th Ave v J cge�Q°� a65 - i a X14 t L (1) V co BOROUGH ^ This map is approximately 3/4 the scale of the other 7 five study area maps. Study Area 5 within Queens CD 2 • Adult Use InSurveyBlockfront(s) EMControl Blockfront(s) 0"— Study Area Adult Entertainment Study Department of City [Tanning /City of Ncw York Llu,;J�0) New Calvary Cemetery 0 S00 1000 FEET v - 43rd Ave. fk — :r - Study Area 6 �ithin Staten Island CD 2 I Adult Use MSurvey Blockfront(s) 02111 Control Blockfront(s) �• Study Area I ' iult Entertainment Study tment of Cite Planning / City of New York 500 FEET 1000 NORTH w E S Fort Wadsworth Lower New York say } MANHATTAN (continued) Community District Name Address Use 05 Club 90 208 W 29th St Topless Bar 05 Eros Theater 738 8th Av Movie Theater 05 Erotica 256 W 42nd St Video Store 05 Famous Legz Diamond 231 W 54th St Topless Bar 05 Flash Dancers 1672 Broadway Topless Bar 05 Forsyth Books 598 7th Av Book Store 05 Fun City 113 W 42nd St Video Store 05 G & A Books 251 W 42nd St Book Store 05 Harem 249 W 42nd St Movie Theater 05 Jocks 711 7th Av Other Theater 05 L & J Books & Videos 584 7th Av Peep Show 05 Laps 204 W 47th St Movie Theater 05 Les Gals 136 W 42nd St Peep Show 05 Manhattan Video 60 W 39th St Book Store 05 marquis video 265 W 45th St Video Store 05 Medalios 552 8th Av Topless Bar 05 Metropole Gogo (Runway 69) 725 7th Av Topless Bar 05 Neptune Video 252 W 42nd St Video Store 05 New David 236 W 54th St Other Theater 05 Nimble Video 254 W 42nd St Video Store 05 Peepworld 155 W 33rd St Video Store 05 Penn Video 252 W 31st St Video Store 05 Pinks 204 W 49th St Other Theater 05 Playpen 266 W 43rd St Book Store 05 Roxy Movie 244 W 42nd St Movie Theater 05 Salax in New York 16 E 16th St Topless Bar I 05 Show Center 259 W 42nd St Peep Show 05 Show Follies Center 711 7th Av Book Store 05 Show Palace 670 8th Av Book Store 05 Sir Merchandising 672 8th Av Book Store 1 05 Stringfellow 35 E 21st St Topless Bar 05 Super Video 264 W 43rd St Video Store 05 Texas Gold 20 W 20th St Topless Bar 05 The Male Boz 268 W 43rd St Video Store 05 Time Come Video 263 W 42nd St Video Store 05 Times Sq Adult Shopping Center 267 W 42nd St Video Store I 05 Venus Cinema 728 8th Av Movie Theater 05 Video Blow Out 247 W 42nd St Video Store 05 Video World Center 210 W 42nd St Peep Show 05 Vogue Video 296 5th Av Video Store 05 World Famous Paradise 42 W 33rd St Topless Bar 05 XXX Nectar 632 8th Av Video Store 05 XXX Video 776 8th Av _ _ Video Store " 05 113 Video Center 113 W 42nd St Video Store 05 241 Book Inc 241 W 42nd St Book Store 05 250 Bookstore 250 W 42nd St Book Store 06 301 E 14th st Video Store 06 All Male Adult Video 125 3rd Av Video Store 06 Flash Dancers Dangerous Curves 127 E 47th St Topless Bar Appendix B DCP Survey of Adult Entertainment Establishments, Fall 1993 BRONX Community District Name Address Use 05 Altagracia Restaurant 1548 University Av Topless Bar 05 Ascot Movie Theatre 2313 Grand Concourse Movie Theater 08 Just Us Bar 156 W 231st St Topless Bar 10 Ruffles Bar 4026 E Tremont Av Topless Bar 11 Globe Theater 640 Pelham Parkway S Movie Theater 12 Fools Paradise 4074 Boston Rd Topless Bar 12 Mickey & Anthonys Cabaret 1769 E Gun Hill Rd Topless -Bar 12 Pretty Woman 4141 Boston Rd Topless Bar BROOKLYN Community District Name Address Use 02 Pandora Books 88 Court St Book Store 02 Video XXX 851 Atlantic Av Video Store 06 Playpen Adult Video 463 3rdrAv Video Store 07 Corkscrew Cafe 6120 3rd Av Topless Bar 07 _Corrados Club 3915 1st Av Topless Bar 07 Foxy Den 920 3rd Av Topless Bar 07 Moms Bar 4201 2nd Av Topless Bar 07 Video XXX 952 3rd Av Video Store I 07 Video XXX Warehouse 761 3rd Av Video Store 07 Wild Wild West 3901 2nd Av Topless Bar 12 Video XXX 1368 60th St Video Store 14 Club Cheetah 1496 Flatbush Av Topless Bar 15 The Cabaret 2937 86th St Topless Bar 15 The Ruby Club 1105 Quentin Rd Topless Bar 15 i XXX Video 1103 Quentin Rd Video Store QUEENS (continued) Community District Name Address Use 07 1 Candlewood Inn 41-57 College Point Blvd Topleis Bar 07 Corsetonum Inc 36-35 Main St Other 07 Gallaghers II 26-35 123rd St Topless Bar j 07 Goodtime Video 150-36 Northern Blvd Video Store 07 Sports Bar 135-41 E Northern Blvd Topless Bar 08 Mayfair Theatre 68-25 Fresh Meadow Lane Movie Theater 09 Andys Bar 85-01 Rockaway Blvd Topless Bar 09 Austin Theater 81-07 Lefferts Blvd Movie Theater 09 Port O Call 93-10 Woodhaven Blvd Topless Bar 1 12 Dreams Topless Bar 90-67 Sutphin Blvd Topless Bar 12 Gordons Topless Bar 146-16 Hillside Av Topless Bar )I 12 Krystalls 89-25 Merrick Blvd Topless Bar 13 Happy Tips Lounge 215-50 Jamaica Av Topless. Bar 13 XXX Video 245=02 S Conduit Av Video Store STATEN ISLAND Community District Name Address Use 02 Lipsticks 3575 Victory Blvd Topless Bar 02 Scarletts 283 Sand Lane Topless Bar 03 Hipps 2945 Arthur Kill Rd Topless Bar J MANHATTAN C. Community District Name Address Use O1 Adult Video 21 Ann St Vidco Store O1 Baby Doll Lounge 34 White St Topless Bar 01 Desire Video 68 Reade St Video Store 1 01 Harmony Theatre 279 Church St Other Theater O1 Kinols 118 Nassau St Topless Bar 01 Lovestyle Video 376 Canal St Video Store 01 Pussycat Lounge 96 Greenwich St Topless Bar 01 The Doll House 59 Murray St Topless Bar 01 Thunder XXX Video 100 Greenwich St Video Store 01 XXX Video 11 Maiden Lane Video Store 02 Badlands Adult Video 388 West St Video Store 02 Christopher St Books 500 Hudson St Video Store 02 Crazy Fantasy XXX Video 331 6th Av Video Store I 02 Harmony Video 139 Christopher St Video Store 02 Prince Theater 329 West St Movie Theater 02 XXX Video 119 Christopher St Video Store 02 I XXX Video 220 Varick St Video Store 02 XXX Video 391 West St Video Store 02 XXX Video Sale 377 Canal St Video Store I 02 XXX Video Sale 323 Canal St Video Store 02 XXX Video Sale 520 6th Av Video Store 03 All Male Jewel Theatre 100 3rd Av Movie Theater 03 Chippendales 110 1st Av Topless Bar 04 Adonis Theater 693 8th Av Movie Theater 04 Adult Video 763 8th Av Video Store 04 Adult Video 228 8th Av Video Store 04 Adult Video XXX 725 6th Av Video Store 04 All-Star Harmony Club 161 W 22nd St Topless Bar 04 Back Date Magazines 0304 W 40th St Book Store 04 Billys Topless 729 6th Av Topless Bar 04 Club 44 689 8th Av Topless Bar 04 Hollywood Twin 777 8th Av Movie Theater 04 Hollywood Twin Adult Video 777 8th Av Video Store 04 I New King Male Cinema 356 W 44th St Movie Theater 04 Pure Gold 262 11th Av Topless Bar 04 Serendib XXX Video & Peep 755 6th Av Video Store 04 Show World 669 8th Av Book Store 04 The XXX Video' 644 12th Av Video Store 04 XXX Video 603 6th Av Video Store 04 XXX-Tasy Video 691 8th Av Peep Show 04 Zideo XX Video 539 8th Av Book Store 04 300 Book Store 300 W 40th St Video Store 05 A Carnivale 39 E 30th St Book Store 05 Adult Entertainment Center 488 8th Av Peep Show"' 05 Adult Video 795 6th Av Video Store 05 Adult Video Express 216 W 50th St Video Store 05 Banana Video 55 W 38th St Video Store 05 Capri Theater 738 8th Av Movie Theater 05 Circus Cinema 1606 Broadway Movie Theater MANHATTAN (continued) Community District Name Address Use 06 House of Dreams 220 E 53rd St Video Store 06 Lions Den 230 E 53rd St Video Store 06 Love to Love 220 E 53rd St Video Store 06 The Doll House 307 E 54th St Topless Bar 06 XXX Video 127 3rd Av Video Store 06 24-hour XXX Video 557 3rd Av Video Store 07 Amsterdam Ave Video 287 Amsterdam Av Video Store 07 Les Hornmes 217 W 80th St Video Store 08 1 Scores 333 E 60th St Topless Bar QUEENS 1 Community j District Name Address Use 01 Candy 29-32 Northern Blvd Topless Bar 01 Cityscape 35-03 38th St Topless Bar O1 Mermaid 31-08 31st St Topless Bar 01 Penny Whistle 31-07 23rd Av Topless Bar 01 XXX Video 36-19 Ditmars Blvd Video Store 02 Gallaghers 39-33 Queens Blvd Topless Bar 02 Honeys 49-14 Queens Blvd Topless Bar 02 Merry-go-round 45-15 Queens Blvd Topless Bar 02 Naked City 56-07 Queens Blvd Topless Bar 02 Nickels Queens Blvd Topless Bar 02 Riverhead Inn .69-20 45-08 Vernon Blvd Topless Bar 02 Scandals 32-37 Greenpoint Av Topless Bar 02 XXX Video 31-17 Queens Blvd Video Store 03 Cozy Cabin 92-03 Astoria Blvd Topless Bar 03 Earle Theater 73-07 37th Rd Movie Theater 03 Fair Theatre 90-18 Astoria Blvd Movie Theater 03 Fiddle & Bow 92-07 Roosevelt Av Topless Bar 03 Johnny Jays Catch Me If You Can 112-08 Astoria Blvd Topless Bar 03 Loveshack Adult Video 92-20 Astoria Blvd Video Store 03 Polk Theater 93-09 37th Av Movie Theater 03 Topless Bar 39-02 104th St Topless Bar 03 Wileys 95-07 31st Av Topless Bar 04 Adult Love Boutique 89-18 Queens Blvd Peep Show 04 Canhe 92-02 Corona Av Topless Bar 04 Dee Two Video 86-10 Roosevelt Av Video Store,_ . r-- 04 Pides Place II 81-26 Baxter Av Topless Bar 05 Treasure Chest 60-07 Metropolitan Av Topless Bar 06 Goldfingers 92-77 Queens Blvd Topless Bar 06 Virginias 95-36 Queens Blvd Topless Bar 06 XXX Video Store 98-32 Queens Blvd Video Store Department of City Planning Joseph B. Rose, Director Andrew S. Lynn, Executive Director William Bernstein, First Deputy Executive Director Strategic Planning Sandy Horniek, Deputy Executive Director Richard Barth, Deputy Director Zoning & Urban Design Marilyn Mammano, Director Tony Levy, Deputy Director • Kenneth J. Bergin, Project Director • Louisa Craddock Executive Office Melissa Salten Rothman, former Special Counsel to the Chairman • Carol Levine Manhattan Office Robert Flahive, Director Jacquelyn Hams-Strobert, Deputy Director • Meenakshi Srinivasan Nanette Smith Walter McRae Andrew Smith Albert Depas Queens Office Dennis Ferris, Director Victor L'Eplattenier, Deputy Director Syed S. Ahmed Robert Mazzucco Fred Lee Elizabeth Errieo Brooklyn Office Douglas Brooks, Director Alberto Villar, former Deputy Director • Purnima Kapur Rosalind Silver Susan Silverman Winston Von Engel Rosalie Hoffman Bronx Office John Phillips, Director Ralaram Rao, Associate Director Kate Brower Working Committee Staten Island Office Pablo Vengoechea, Director Mitchell Korbey, Deputy Director • Howard Geyer Counsel's Office William Valletta, former Counsel Patricia Prothro Operations & Procurement Antonio Mendez, Director Gerald Anderson Planning Coordination Anne Pizzicara, Director, Community Based Planning James McConnell, Computer Graphics Graphics Eustaee Pilgrim, Acting Director Carol Lubowski Walter Boll Michael Greene Computer Information Services Linda.Goldsmith, Director • Anne Kelly, Deputy Director Barbara Bartlett Richard Steinberg, Director of Geographic Systems Derrick Devote Robert Taszymowicz Wendy Smyth, Director of Planning Support Heidi Berman, Deputy Director of Planning Support Dorothy Bruce Roger Baldwin Ella Liskovich Housing, Economic & Infrastructure Planning Eric Kober, Director Connie Fishman, Deputy Director Richard Satkin Frank Cartolano E REPORT ON THE SECONDARY EFFECTS OF THE CONCENTRATION OF ADULT -USE ESTABLISHMENTS IN THE TIMES SQUARE AREA April 1994 11 ° 1994 TIMES SQUARE BUSINESS IMPROVEMENT DISTRICT 1560 Broadway. Suite 800. New York. NY 10036 (212) 768-1560 Gretchen Dykstra. President Stu ay e Exhibit 1 #9 TABLE OF CONTENTS t EXECUTIVE SUMMARY ........................................ i I INTRODUCTION ........................................... 1 t SUMMARY OF LEGAL ISSUES AND THE EXPERIENCE ELSEWHERE ........ 3 Other Secondary Effect Studies jA BRIEF HISTORY OF ADULT ENTERTAINMENT IN TIMES SQUARE ........ 9 APPROACH AND METHODOLOGY ............................... 11 Gathering Data on Assessed Property Values Gathering Crime Data Selecting the Interviewees TIMES SQUARE: ITS PROMINENCE AND ITS PEOPLE ................. 15 Demographics and Housing Total Population Housing Units Age Employment Characteristics TIMES SQUARE NEIGHBORHOOD: ITS ZONING AND ITS USES ........... 21 Zoning - Special Districts Land Uses ADULT USE ESi'ABLISHMENTS AND PROPERTY VALUES ............... 25 Total Assessed Value Changes on Individual Properties Department of Finance Assumptions ADULT USE ESTABLISHMENTS AND CRIMINAL ACTIVITY .............. 31 General Crime Statistics Criminal Activities: Drugs and Prostitution Arrests INTERVIEW FINDINGS........................................37 Property and Business Owners Community Residents and Organizations APPENDIX................................................53 MAP TABLE I: POPULATION CHARACTERISTICS ......................... 18 TABLE 11: AGE CHARACTERISTICS .............................. 19 TABLE III: ACTUAL ASSESSED VALUES, CHANGES FROM 1985-1993 FOR SELECTED BLOCKFRONTS ............................. 25 TABLE IV: BLOCK BY BLOCK CHANGES IN ASSESSED VALUATION ALONG EIGHTH AVENUE STUDY BLOCKS ....................... 27 TABLE IVa: BLOCK BY BLOCK CHANGES IN ASSESSED VALUATION ALONG EIGHTH AVENUE STUDY BLOCKS ..................... 28 TABLE IVb: BLOCK BY BLOCK CHANGES IN ASSESSED VALUATION ALONG EIGHTH AVENUE STUDY BLOCKS ..................... 29 TABLE V: CRIMINAL COMPLAINTS FOR SELECTED BLOCKFRONTS ........ 32 TABLE VI: PROSTITUTION AND RELATED ARRESTS FOR SELECTED BLOCKFRONTS................................ 33 TABLE Via: PROSTITUTION ARRESTS AT SELECTED LOCATIONS ......... 34 C EXECUTIVE SUMMARY BACKGROUND After a dramatic decline in the number of adult use businesses in Times Square from an all-time high of approximately 140 in the late 1970s to 36 in June, 1993, the business and adjacent residential communities view with concern the increase to 43 in the last few months. The area of concentration of these businesses has shrunk and shifted from Broadway and Seventh Avenue to Eighth Avenue and the western edge of 42nd Street block between Seventh and Eighth Avenues. This summer the City and State will begin condemnation procedures against the remaining private parcels on the northeast comer of.42nd Street and Eighth Avenue. This action will reduce the overall number but displacement onto Eighth Avenue is possible. Times. Square is one of the City's most eclectic and vibrant commercial areas, producing extraordinary economic fuel and firing the imaginations of millions worldwide as the international icon of vitality and vibrancy. Times Square is home to some of the City's major corporations with more than 30 million square feet of office space. The BID represents approximately 400 property owners and 5,000 businesses including giant entertainment companies, international security firms, large law ,firms, theatrical agents and publishers. Times Square has a daily pedestrian count of 1.5 million people. It is the capital of legitimate theater for"the nation with 37 Broadway theaters and a total of 25,000 seats. These theaters together sell some 8 million tickets annually, pumping $2.3 billion into the New York City economy annually. Approximately 20 hotels with 12,500 hotel rooms (one-fifth of all hotel rooms In Manhattan) house some five million visitors a year and more than 200 restaurants, the largest concentration in any City neighborhood, serve them and local patrons. The Convention and Visitors' Bureau estimates 20 million tourists come to Times Square annually. But Times Square is also home for thousands of residents who live within its heart or immediately adjacent to it. The BID alone has six churches within its boundaries. Among the 25,651 people who five in six census tracts which include 42nd to 54th from Sixth to Tenth Avenues, 15.4°k --are 62 years or older which is similar to Manhattan as a whole and to the two community districts (CB4 and CB5) in which Times Square exists. In 1990 nearly 2,000 children under the age of 14 lived in this area, too. Both old and young are generally circumscribed by their immediate community. The Census data also show that 48% of these residents work within less than half an hour from their homes and walk to work, spending both their working and off -hours in the Times Square area. This percentage is higher than the I percentage for the borough as a whole and is much higher than the percentage of those in the other four boroughs. Crime has plummeted over the past several years in Times Square with an estimated reduction by 60% on West 42nd Street alone. This reduction came in part from the closing of many adult use establishments on 42nd Street between 7th and 8th Avenues and the close coordination between the NY Police Department and the Times Square BID. The BID with its 40 public safety officers has witnessed an overall reduction of street crime within its boundaries by 19%. comparing 1992 to 1993, including an impressive reduction of 38% in grand larceny from the person: ..BID statistics also reveal that three card monte games have been reduced by some 57% over the past year. 1 The most recent Mayor's Sanitation Scorecard rated the sidewalks- of Times Square at an impressive 93% thanks in large measure to'the BiD's 45 sanitation workers. in addition, the BiD's homeless outreach team has -placed many needy people in shelters and services. .During 1993, the City Council introduced legislation that would restrict the locations of adult uses citywide. This proposed legislation, along with similar bills proposed and enacted in cities across the nation, including Detroit, can only be upheld constitutionally, if it can be supported by documentation of negative secondary effects as well as evidence that the establishments could locate • somewhere accessible for their patrons. The Times Square BID -commissioned, an objective, fact-finding study to determine the effect, if any, these adult use businesses have on one of -the City's most commercially vital areas. In this study, as in other secondary effects studies, researchers combined analysis of available data on property values and incidence of crime together with'a demographic and commercial profile of the area to show relationships, if any, between the concentration of adult use. establishments and negative impacts on businesses and community life. The study also Includes, as allowed by Courts, anecdotal evidence from property owners, businesses and . community residents and activists of their perceptions of the impact adult establishments have on their area. FINDINGS • All survey respondents acknowledged the improvements in the area and- jvoiced optimism about the future of Times Square even as they bemoaned the increase of adult establishments on Eighth Avenue. Many respondents felt that some adult establishments could exist in the area, but their growing number and their 1 concentration on Eighth Avenue constitute a threat to the commercial prosperity and residential stability achieved in the past few years. t • Although the study was unable to obtain data from before the recent increase in adult establishments and, thus, unable to show if there's been an increase in actual complaints, there were, in fact, 118 complaints made on Eighth Avenue between 45th and 48th compared to 50 on the control blocks on Ninth Avenue between 45th and 48th Streets. In addition, the study reveals a reduction In criminal complaints the further one goes north- on Eighth Avenue away from the major concentration of these establishments. The rate of increase of total assessed values of the Eighth Avenue study blocks increased by 65% between 1985 and 1993 compared to 91 %. for the control blocks during the same period. Furthermore, acknowledging the many factors that lead to a property's increased value, including -greater rents paid by some adult establishments, an assessment of the study blocks reveal that the rates ,of Increases in assessed value forproperties with adult establishments is greater thanthe increase forproperties on the same blockfront without adult establishments. -'•'''- : 0 Many property owners, businesses,'experts and officials provided anecdotal evidence that proximity (defined in various degrees) to adult establishments hurts businesses and property values. r. 11 I - t INTRODUCTION After a dramatic decline in the number of adult use establishments in the Times Square area in the last eight years, Times Square, like other neighborhoods in the city, has experienced a sudden increase, especially along Eighth Avenue. This recent increase of adult businesses must be seen in the context of the current resurgence of Trmes Square as New York's premier tourist, entertainment, and commercial center. Member organizations of the BID and other . concemed citizens have expressed particular concern about the impacts of a dense concentration of these businesses on the commerciat life of the area. 'Thus, this study was commissioned by the Times Square 'Business Improvement District. The Times Square Business Improvement District.works to make Times Square clean, safe and friendly. The Times Square BID, working collaboratively with _city agencies, community organizations and the many individuals and groups with a shared interest in the vitality of Times Square, provides supplemental security and sanitation services, homeless outreach efforts, tourism. assistance and special events and ' marketing. - The BID extends from 40th to 53rd Streets, just west of Sixth Avenue to the west side of Eighth Avenue. Along 46th Street, it stretches to 9th. Avenue.. Its over four hundred members represent five thousand businesses and organizations in.the Times Square area. Supported by mandatory assessments on local property owners, the BID _has an annual budget of- $4.61 million. It is an independent not-for-profit organization, with' a 46 -member Board of Directors representing .large property owners,. large and small commercial_ tenants, rQsidential tenants, and social service agencies. During 1993, legislation was introduced in the City Council that would restrict the p1946ement of adult uses on a city-wide basis. This legislation was spurred in large part.b�residential neighborhoods that, forthe first time, were becoming home to adult establithm. ents. the summer of 1993 the BID hired insight Associates to assess that proposed - legislation and its possible impact on Times Square in order to help the BID understand its options and determine an appropriate reaction. That study called attention to Wider national experience. Legislation regulating adult uses, in order to pass Constitutional muster and be upheld in the courts, must be backed by documented evidence of secondary effects of such businesses -and -their concentration. . t i C_. The Times Square BID decided to initiate its own secondary effects study, to ensure that the Times Square experience is well -represented in any city-wide debate. The BiD again hired Insight Associates, with Ethel Sheffer and Marcie Kesner as principal researchers, in September, 1993. In the same month, the Mayor of the City of New York ordered the Department of City Planning to undertake a secondary -effects study for the entire city. That study has focused on six neighborhoods in the five boroughs, but not on Times Square. We have continued to exchange data and cooperate with City Planning in the course of our two parallel inquiries (See Appendix: The Department of City Planning Secondary Effects Study). In addition, the Borough President of Manhattan has established a Task Force on which the BiD serves. The -Task Force, --staffed -by -her office, has held public hearings and continues to gather - information. -It will be- issuing its . own recommendations in the Spring of 1994.. This study, then, seeks to obtain evidence and documentation on the secondary effects," if any, of these -adult : use businesses in .the = Times Square Business Improvement District, and of their dense concentrations, especially along 42nd Street and along Eighth Avenue. The BID instructed Insight Associates to follow the models offered by other secondary effects studies. The BID was not seeking an advocacy document, but rather an objective fact-finding study, that would add to the city-wide deliberations and to future attempts to find legal and effective ways to -regulate these businesses. Many people contributed a great deal of time and effort -to this work. We want to thank particularly the staff of the -Management information -Division of the Department of Finance and of the Crime Analysis Division of the New York Police Department, as well. as staff of. the Midtown. -South, Midtown North and Tenth Precincts and the Mayor's Office of Midtown Enforcement..We have not quoted any of our 54 -interviewees who work and live in Times :Square--by-name, but we thank them for taking the time from their_.verybusy schedules --to participate in -our survey. We also are grateful -to the many,peopleJn:the_,reai; estate.rsectorr the residents and community leaders in _several :neighborhoods, and the officials; of "municipal government in New York and other American cities, who were generous with their - time in response to our inquiries. K SUMMARY OF LEGAL ISSUES AND THE EXPERIENCE ELSEWHERE The concern about the presence of adult businesses in the midst of American cities dates at least from the decades following the Second World_ War when a recognition of their impact upon surrounding land values and a growing Indignation about their effect on communities became widespread. By the early 1990's the regulation of adult use businesses and entertainment establishments had become a serious issue for communities across the United States. -This is.reflectedin a number of 'studies and public testimony ,showing a relationship between adult - use establishments - on • the one hand, and declining property values,_ - crime and neighborhood deterioration on the, other. It Is these "secondary effects" which the Supreme Court and other federal and state courts take into account when ruling on the efforts of communities to regulate these businesses. The present study is not a legal treatise—though it does review some legal precedents by way of background—but an analysis and documentation of the impacts of a concentration of adult use establishments on the Times Square area. The major -questions on.this subject for a court are whether any limitation on adult uses is based on content, or'whether it is based on the secondary effects of these uses on the surrounding community. There have beena number of instances in the last years in which federal courts have found adult use zoning restrictions to be acceptable, if they have been motivated by a desire to protect neighborhood quality, _as contrasted with an impermissible desire to ban the message purveyed by the adult uses...It'-' appears that 'courts. will .*accept restrictions ifthey -serve-..a "substantial novemment -interest". if any statute is narrowly drawn to --achieve *that end. and if there are "Leasonably available alternative avenues of communication". —"Substantial government interest" has been defined to.' include_ reasonable attempts _ . by municipalities to reduce urban blight -and to•.preserve neighborhood character. "Aherative avenues of communication" requires that there be enough other -places ' in the dity for the relocation of these establishmeirts.­-The availability of such places needs to�be. shown in court as a matter of Some cities have employed a variety of regulatory mechanisms. They .have created special use zoning districts; they have required that adult uses be located at specified distances from residences, schools, churches, or business and commercial districts; and they have required operators of regtLlated establishments to obtain licenses or permits. Some illustrations are: • Detroit's adoption of an "anti-skid row" zoning ordinance to disperse and/or bar from designated areas the establishment of a broad array of designated businesses, including adult uses. These restrictions were supported by studies of secondary effects. 3 • Chicago's requirement that owners or managing agents register and provide specific information related to the nature of their business. Chicago also regulates signs and displays by prohibiting the exterior display of sexual activity and nudity. • Renton, a suburb of Seattle, restricted adult motion picture theatres from locating within 1,000 feet of a residentially zoned area or a house of worship, park, or school. The restrictions were upheld because it was found that approximately five per cent of the city's total land would still remain available for adult uses. • Boston's creation of an Adult Entertainment District on the borders of its downtown center, and has thus concentrated rather than dispersed adult uses. This is a two -block area know as the "Combat Zone". • Islip, Long Island's plan to -restrict the. location of.adult uses to industrial districts, a plan that was upheld by the New York -State `Court of Appeals. Zoning has beer* an especially frequent toot for* cities regulating adult uses, since the Supreme Court has held that adult* entertainment is a type of land use, like any other,- that can be subject to rational scrutiny under equal protection. (Jules B. Gerard, -Local Regulation of Adult Businesses, Deerfield,- Illinois: Clark Boardman Callaghan, 1992, p.129). Certain generai'izations are seen in the variety of Court rulings. in regard to zoning: -. . • Locational restrictions cannot be so severe as to preclude the present and/or future number of adult uses in a'city. • The more evident and rational the relationship of adult use -restrictions to recognized zoning purposes, (e.g. the'- preservation of neighborhoods, the grouping f of compatible uses), the greater the likelihood that the zoning restriction will be i upheld. _, ....._ • The. greater the vagueness of a law the more -.likely k.1s to ,(ie struck down. • If there is too. much administrative -discretion__a::iaw. is; _aikely.:to be'struck down, since govemment.may regulate only with narrow specificity. I i 4 Other Secondary Effects Studies The court decisions supporting and upholding regulatory measures were supported by studies of secondary effects, some of which we summarize below: Detroit: In Young v American Mini-Theatres,(427 U.S.1976) the Supreme Court affirmed that cities may use zoning to restrict adult entertainment if adult entertainment is shown to : have *a harmful impact on neighborhoods. The City of Detroit adopted an anti -Skid Row zoning. ordinance in 1962 prohibiting certain businesses, such as pool halls; pawn 'shops,and in an.amended version in 1972, adult bookstores, motions `picture theatreand cabaiets, from'locating within 1,000 feet of any two other "regulated uses" or within 500 feet'of a'residentiaily zoned area. The ordinance sustained in Young was based on studies by urban planning- experts that showed the adverse . environmental effects of permitting certain uses to be concentrated in any given area. Mt: Ephraim;- Nei4 Jersey: in *the next ten years, there were a number of Supreme Court cases which continued to define the limits of employing zoning as a tool for restricting adult entertainment. Although it was recognized that such restrictions were valid, it was also established in Schad v. Borough of Mt. Eahraim (452 U.S.. 61,.. 1981) (though . with . a , plurality _decision because.' of `varying interpretations among the justices) that municipalities may not 'use zoning'to prohibit adult entertainment entirely. ' The deciding judges stated that the borough had not offered sufficient evidence to ,show the _ incompatibility of: adult uses with other commercial businesses; and also had not provided adequate "alternative avenues''of communication"for the location of such businesses, y _.., Renton, Washington: In. 1.9.86,,.theU.S. Supreme. Court upheld the. Renton, Washington regulations (The City of Renton v. Playtime Theatres (475 U.S.41, 1986), although the city had based its prohibitions upon a study of the secondary effects of adult theatres conducted in neighboring Seattle and other nearby cities. The Supreme Court :stated that municipalities could rely on the experiences - of other cities. Further ore, the Court stated that a city. -must. be allowed to experiment with i -solutions7o. serious problems and it must be -allowed to rely upon the experiences of other municipalities" about the deteriorating -and blighting effects of . ad'uit 'use establishments. Los Angeles: in June, 1977, the Los Angeles City Planning Department conducted a study of the effects of adult entertainment establishments in several areas within the city. It _found "a link between the concentration of such businesses _ and increased crime in the Hollywood community" (p.1.) The study also concluded, based on its analysis of percentage changes in the assessed value of commercial and residential property between 1970 and 1976, that there was no direct relationship between adult uses and property value changes. But in response to questionnaires, �- it was shown that appraisers, realtors, bankers, businesspeople, and residents all believed that the concentration of adult entertainment establishments has an adverse 5 1� economic effect on both businesses and residential property in respect to market value, rental value, and rentability/salability. - It was believed that these effects extend even beyond a 1,000 foot radius, and that they are related. to the degree of concentration. In addition, there are adverse effects on the quality of life, Including neighborhood appearance, littering, and graffiti. Minneapolis -St. Paul: The Twin Cities have conducted a number of studies over a period of more than ten years. In a 1978 St. Paul study and a 1980 Minneapolis study, statistically significant correlations were seen between location of adult businesses and neighborhood deterioration. It was concluded that adult businesses tend to locate in somewhat deteriorated areas to begin with, but further deterioration follows the arrival of adult businesses. - In these early studies, significantly higher -crime -rates were associated with an area containing two adult businesses -than -in, an-area'with only one such business. Significantly lower property value prevailed in an area with three such businesses than in an area with only one. In 1983, St. Paul examined one neighborhood that had a particularly heavy concentration 'of adult entertainment establishments. The University -Dale neighborhood had. many signs of deterioration and social distress. While these indicators could not be directly attributable to the presence of. the adult establishments, it was stated -that there was a relationship 'between the concentrations of certain -types of adult entertainment and street prostitution, especially, as swell as other -crimes. (40-Acre:'Studv,..prepared by-.the'.St.`Paul Department of Planning and Economic Development, p: 19.) This perception of -an unsafe and undesirable neighborhood was documented by a surveji* conducted by- Western State -Bank which found its efforts to attract employees . and customers .-being frustrated by people's : perceptions of -the neighborhood.I( bid.,: p.23.) In a 1987 Memorandum of the St. Paul PlanningDepartment, discussing issues raised during the -public review of proposed zoning regulations of adult -establishments, A was stated. that there is.a relationship of prostitution activity to adult entertainment establishments, making for a "sex for sale" image of the neighborhood. The variables affecting the incidence 'of street prostitution include the character of the neighborhood, the effect of the concentration of adult businesses, and the specific .kind of adult businesses associated with other serious land use problems.' Ibid., p.53- 54.) - -- While much of the public testimony and the expert analysis described the negative effects on residential areas, it was also stated that such uses should be prohibited from proximity to commercial areas as well, because the purposes are incompatible. (Ibid., p.60.) If such harmful uses do continue to exist in commercial areas, it was recommended in the study that there be sufficient spacing requirements, 6 so as to minimize the documented negative effects of clusters of establishments. In the 1988 Supplement to the 40 -Acre Study, the City Planning Staff asserted that there is considerable evidence that multifunctional adult entertainment complexes can be the equivalent of the concentration of many single adult businesses. (Supplement to the 1987 Zoning Study p. 6.) These multi -uses not only create multiple negative impacts but may also increase the intensity of the negative impacts. bid. p.7.) In 1989, the Attorney General of Minnesota, Hubert Humphrey, Ill, issued a Report based upon the study by the state's Working Group on the Regulation of Sexually Oriented Businesses. It recommended a number of zoning and distancing regulations, -as well as licensing regulations, while continuing to .document the negative effects of such businesses on communities. ' It recommended that "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. (Attorney General's Report, p. 5.) Indianapolis, Indiana, and Phoenix, Arizona: The Minnesota Attorney General's Working Group summarized these two other studies. In 1983,1ndianapolis researched the relationship between adult entertainment and property values at the national level. They took random samples of twenty percent. of the national_ membership of the American Institute of Real Estate Appraisers. Eighty percent of the, survey respondents felt that an adult bookstore located in a hypothetical neighborhood-. would have a .negative impact on residential property values of premises located within one block. of its site. Seventy-two percent of the respondents felt there would be a detrimental effect on commercial property values within the, same one -block radius. A Phoenix, Arizona Planning Department study, published in 1979, showed arrests for sexual crimes, and locations of adult businesses to be directly related. The study compared three adult use areas with three control areas with no adult use ,businesses. Islip, New York: In 1980, the town of Islip, long Island conducted a study of the impacts of adult bookstores on residential and commercial :sectlons- of the town; It focused on the impacts of the location of one particular bookstore, and it surveyed and inventoried the impacts of- other adult use enterprises on nearby hamlets, including Bayshore and Brentwood in addition to Islip Terrace and Central Islip. This study also reviewed numerous newspaper articles and letters of complaint, ip order to gauge public reaction. Further, it analyzed distances, travel -time and other factors to support the town's regulations which confined such uses to industrial zones. This regulation was upheld by the New York State Court of Appeals in Town of Islip v. Caviglia. in 1989. The Court accepted the evidence in the Islip study that the ordinance was designed to reduce the injuries to the neighborhood and that ample space remained elsewhere for the adult uses after the re -zoning. A � A BRIEF HISTORY OF ADULT � ENTERTAINMENT IN TIMES SQUARE 1 Times Square has long been known as a place for popular amusements from movies and theatre to flea circuses and video arcades. It has always attracted people of all incomes and tastes. But its history as a place of concentrated sex-related businesses really begins in the late 1960s and 1970s. .The : concentration of. massage .parlors, nude live entertainments, erotic book_ stores, X-rated movies, and peep shows increased at that time to such an extent that Times Square began to be called "a sinkhole". (The Daily News, August 14, 1975.) The resulting crimes, assaults, and other violence made Times Square the highest crime area in the city. The numbers of sex-related businesses in Times Square and its environs reached as high, by some estimates, as 140 in the late 1970s and early 1980s. In the 1 J70s the commercial and residential communities united to combat this blight by staging demonstrations and rallies, by sponsoring legislation, and, perhaps most important, by organizing themselves into the Mayor's Midtown Citizens' Committee, and in helping to create the Office of Midtown Enforcement. The negative image of Times Square created by the increasing concentration of adult entertainment uses, coupled with pessimistic economic indicators, all contributed to a sense of decline on 42nd Street and the surrounding blocks. In 1977, the City Planning Commission attempted to reduce the existing concentration of* adult use businesses and to* prevent future concentrations. Stimulated in part.by the situation in Times Square, the Commission passed new zoning amendments to disperse such concentrations and to regulate their proximity j to residential districts. The adverse economic and social effects produced by these f concentrations were documented. by findings of higher tax arrears .on 42nd Street.. compared to the -rest of midtown, declining sales tax revenue, and increases in I criminal activity in Times Square. This zoning attempt failed at the last minute at the Board of Estimate. 1 But in the early 80s, several factors converged to --stimulate a dramatic I reduction in adult use establishments on 42nd Street and throughout Times Square. The. State declared 42nd Street a "blighted area", and announced its intention to 1 condemn numerous properties, including pornography shops, in order to stage the Urban Development Corporation's 42nd Street Development Project. Although litigation slowed down the project, most of the street has now been condemned and emptied of all uses. 91 Meanwhile, there was increased police activity throughout the area and the Mayor's Office of Midtown Enforcement coordinated action against illegal businesses including massage parlors. The commencement of the AIDS epidemic had a sobering effect on live sex establishments and many disappeared. And private developers assembled Times Square parcels, removing existing adult uses. In June 1993 when Insight Associates completed the review for the Times Square BID. of City Council legislation there were 36 'adult use establishments within -the Times Square area, a dramatic decline from the all time high of 140 in the late 70s. In addition, the area of concentration had shrunk and shifted. No longer were sex shops lining Broadway and Seventh Avenue to the same degree, but rather they were beginning to cluster along Eighth Avenue. Now, nine months later, there are 43 adult establishments; with most of the new stores on:42nd' Streetlying oufside of the UDC's project and along Eighth Avenue.' Amidst the refurbishing, upgrading and improvement of a once. sorely deteriorated Times Square, there is now new concern about the recent sudden proliferation. 10 C APPROACH AND METHODOLOGY This study focuses on the Times Square Business Improvement District, but the study concentrates more closely on the.areas of adult use business concentration, that is, 42nd Street from Seventh to Eighth Avenues, .and Eighth Avenue from 42nd Street to 50th Streets, because more than half of all the District's adult use businesses are located on these blocks. Following secondary effects studies in other cities,. we combined available data on. property,values-and.incidence of crime,, plus in-person.and.telephone interviews with:.alproad.range of diverse business and.reat estate -enterprises, including major corporations, smaller retail stores, restaurants; .theatres and hotels, as well as with Community Boards,' block associations, activists and advocates, churches, schools and social service agencies. . Gathering. Data. on Assessed Property Values - To measure the possible.impact of adult use businesses and the concentration Of such. businesses in our study blocks, we sought data on the- overall and specific changes in assessed valuation of property from the tax period 1985-1986 to the most recent 1993-1994 tax year. This, we felt, -would give enough of a spread across real estate cycles. The 1985-1986 data were the earliest computerized data available to us .from the Department of Finance .records. The Department of Finance, however, could not provide reliable data on market value as opposed to assessed valuation. We were able to get, and have used, the actual, not the billable, assessed values. The data -contained information on tax block and lot, building class, and street address. :We aggregated the actual valuation figures by individual tax lots for Study and Control blockfronts for 1985 and 1986, and for 1993:.Wid -1994. From this we derived the percentage -of change -between the two benchmark years: , For this part of the study, we narrowed our. focus to' four_Study Blocks: throe blocks along Eighth Avenue, from 45th to 48th Street, and the 42nd Street Block between Seventh and Eighth Avenues. As contrasting control blocks where no adult use establishments exist, we chose the equivalent three blocks along Ninth Avenue, and 42nd Street between Eighth and Ninth Avenues. We then compared both the Study and Control blocks' data to similar statistics f6 -F'811 of Manhattan, and for all of New York City, as well as for the BID and the wider Times Square area. 11 I In choosing Control Blocks, we realized that there is no block like 42nd Street between Seventh and Eighth Avenues --our study block --anywhere. But we felt that by shifting our focus just one block to the west, we would have a block with no adult establishments but with similar uses and traffic patterns (though it does have the Port Authority Bus Terminal on its corner).. As controls for our. Eighth Avenue Study Blocks, we took the similar parallel blocks on Ninth Avenue, -which, although residential, have comparable though not identical land uses and traffic 'pattems. . Tax arrears data were obtained for the years 1988, 1989, 1992 and :1993, the most recent year available through the New York City MISLAND system. ..We compared the data for our control and study blocks with aggregated data by census tracts - that roughly approximated the . boundaries of the -. Times .:Square= Business Improvement District, and with Manhattan and New. -York City. -as. a'whole as well: No significant or consistent findings were obtained from.this -exercise: Gathering Crime Data - Working closely with the Crime Analysis Division of the NYPD, we requested crime data for the Study Blocks of 42nd Street, Seventh to Eighth Avenues, and j Eighth Avenue, from 45th through 48th ' Streets, for a period of one year,.. This amount of data proved too difficult for the Crime Analysis Division to obtain, and we were ultimately given these data. for only � a three -month - time 'period, from -June I through August, 1993.. The same information was also supplied for -our Control Blocks, which, for -this subject, were slightly different: instead of the 42nd Street block between Eighth and Ninth Avenues which includes the Port Authority -Bus Terminal, the next block west, between Nipth and Tenth Avenues was used. ` Selecting --the Interviewees. We initially obtained a fisting of BID property. owners 7for-.intefview, by taking every fifth name on the BID's 404 'owners'-- list.: -When an individual or corporation owned several properties, the name was used only once. We also eliminated the owners of. adult use establishments. (though later we - did talk to one owner .and.. operator'of a number of such establishments in the area). We also deleted the many. 42nd Street properties .now owned by the State or City of New York or the New York I State Urban Development Corporation. Similarly, we disregarded owners with { telephone numbers outside the tri-state area, or those without listed telephone numbers. Banks and hotels were omitted from this -first --list. This effortielded a sample of 37 potential interviewees of whom 20 were Y , ultimately interviewed. The 20 included some of the largest developers and managers Iin Times Square and in New York City, with multiple holdings, as well as smaller residential and commercial property owners. It included as well the three major theatre -owning organizations, which control almost all the legitimate Broadway 12 1 houses, as well as a major nonprofit theatre. Two major communications companies were on this list. This group*of potential interviewees was then supplemented by selections from ` a listing of restaurants and hotels of different price levels. We interviewed seven restaurant owners or managers, representing eight restaurants in the Times Square area,'including major chains, smaller coffee shops, and well known eateries. Two of these interviewees are also owners of the properties in which their operations stand. We Interviewed four hotel owners or operators in three hotels along Eighth Avenue. Five retail establishment owners along Eighth Avenue were also interviewed. Community group interviews included six churches, three social service agencies (pius'one more informal interview with a fourth, serving the homeless), five block associations, the District Manager and Assistant District Manager of Community Boards Four and Fve; respectively, and the Co -Chairs of each Board's Public Safety Committee.' The principals oftwo public schools in the area were seen as well.. In sum, 53 formal interviews were carried out, plus one'less formal discussion with an owner and operator of several porn establishments. For these interviews, we constructed a Survey Schedule questionnaire, which was modelled to some degree on the one being utilized by the :City Planning Department's city-wide study of adult uses underway at the same time. a 0 13 1 C A TIMES SQUARE: ITS PROMINENCE AND ITS PEOPLE The Times Square and Clinton communities, which the Business Improvement District encompasses or abuts, are dynamic and diverse neighborhoods. -The area is home to'someof`the* city's major corporations and there are more than 30 million i square -feet of office space. The BID has more than four hundred property owners, i representing five thousand businesses in 'its membership: • More than -250,000 employees _ work -.-at "enterprises that' range .*from —`giant.- recording —`companies; to . international- security* firms' to"one-person theatrical''agencies.'4Ahiong�the-'major corporations now making their home in -Times... Square - are Morgan Stanley, Bertelsmann, Viacom, and many more. And of course, Times Square contains the highest" cnnceritration° of `legitimate'theatres'anywhere'16-tHe--wo'id;Ahirty-seven theatres;'with as many as 25,'000* seats to be filled on -each performance day. Times Square has a daily•pedestrian count of 1.5 million persons. There are approximately twenty hotels, with 12,500 hotel rooms, in the Times Square area, one-fifth of all hotel rooms in Manhattan. Twenty million tourists and five million overnight visitors arrive annually. 'There are more than two hundred restaurants in the Times:=Sqbare •area. It is indeed New York City's :center*for commerce anis the performing -arts; business and tourism: �. • But the area is also_ a home for thousands of 'residents who'live'adjacent to and in the `,midst "of-this'vibeant_ midtown � commercial•- corer° The area is - replete . with churches;- block associations,y'civic associations; `business"or=ganizations and theatre related organizations. The Times Square BID knows—and works: h�some 35 social service agencies in the greater Times Square area. It also has the largest concentration of pornography establishments in the city. The number of 'such businesses reached a high of about 140 establishments in the 1970s and early 1980s, and declined thereafter to approximately forty. There is some indication that the number has increased somewhat in the Times Square arba and on its periphery, particularly on Eighth Avenue; in the past months. 15 C Demographics and Housing j In order to draw detailed demographic information from the 1990 Census, we 11 aggregated data by the census tracts that most closely approximated the area of the Times Square BID. By using data from six census tracts that cover the area between Sixth and Tenth Avenues to the east and west, and 42nd and 54th Streets to the I south and north, we have covered the entire BID, as well as additional blocks. ;Thus, data from these six tracts, which we will call the Times Square Neighborhoodto avoid confusion. with the Times Square BID, will reflect the demographics within the BID as well as the directly adjacent.neighborhood. The map on the following page depicts the census tracts for this section of. west. midtown. As one can see; the..-Times1 Square BID falls within the boundariesof census tracts 119, ,121,*125,.127, 131, and 133. J_ ,_Broadly speaking, the eastern blocks -of this area; par ticularlyras one approaches Sixth Avenue, are commercial in character, with stores, restaurants, offices, and other commercial establishments. In comparison, the mid -blocks between Ninth and Tenth Avenues have a higher preponderance of housing; they constitute the eastern edge of the Clinton neighborhood. Therefore, in reviewing the .following census data, the reader must be -aware' that there will be a larger-number;of residents and.housing units than those who j actually reside within the official borders of the Times Square Business.lmprovement r District. For example, our Census data show more than 25,000 residents in these tracts;_ the -BID estimates -5,000 residents within its narrower boundaries.: However, these 20,000: residents are, In fact, part of -the Times Square community. and view themselves as being affec_ted.by-the•aduh use establishments• (those along -Eighth i Avenue in particular). 1 16 TIMES SQUARE BID CENSUS TRACTS Source: New York City Department of City Planning, Computer Information Systems; U.S. Bureau or the Census 17 Total Population In 1990, the total population for the Times Square Neighborhood was 25,651, which was slightly higher than the previous decade. The racial characteristics are depicted below. In general, over half of the population was White (higher than the Manhattan percentage); 11 % was Biack/Non-Hispanic, and 24% were Hispanic. During the decade from .1980 to 1990, the Hispanic population declined slightly, while the Asian (particularly the non -Chinese Asian) population increased to approximately the same as that of the borough of Manhattan, or 7%. TABLE 1 POPULATION CHARACTERISTICS, 1990 - `, " .TIMES SQUARE -NEIGHBORHOOD* -. �� . -- `-`'1980*Numbei • 1980 96 990 Number ` 1990.96' ' White 14,251 57.9..- :• 14,807 - - :--57.7 Black, Non -Hispanic - 2,252 9.2 . 2,785 10.9 Hispanic 6,793 '' 27.6 6,099 23.8 Asian .1,117 .4.5 1,761 6.9 ' Other 199 . 0.8 :. 199. 0.8 TOTAL:24.612 ` . 100.0 _ 25,651 �� . 100.0 Sotaca: U.S. Btsaau of the Census, 1980 and 1990 charsctorfsecs, and Sociaf and Swnotnuc Chsrsawf sffcs. { Despite the Image of Times Square as a solely commercial area; it -is a place where many people 'raise their -children.= In - 1990, there 'were 3,690 families with children under the age of 18 living.in the'six census tracts. Housing Units - In 1990, there were over 18,000 housing units in the neighborhood, ofwhrch- 75% were rental units and 49% were in large buildings of over 50 units. In a borough in which less than 10% of the units were -vacant, 20.5 % were vacant in Times Square. The size of housing units within the six census tracts is smaller than elsewhere in the borough. While the median number of rooms per unit is 3 for Manhattan, it is 2.2 for the .Times Square Neighborhood and 1 for the one -census tract bounded by I42nd and 45th Streets, Sixth to Eighth Avenues. 1 18 _ I In addition to these permanent housing units, there are also a considerable number of hotel rooms in Times Square. The Times Square BID estimates that over 12,500 hotel units are located within its boundaries. The large number of hotel rooms reflects Times Square's importance in the City's tourism industry. The number of tourists constitutes, from one point of view, a large group of potential customers for adult use establishments. But from,another standpoint, as documented in our surveys with hotel operators, restaurateurs, and theatre owners, the concentration of adult use establishments Is seen to be offensive to this stream of visitors and travellers. Age : , * y : a. ..... .�.j 'ti:^Lsj...liti: ,�i!iy> f..:-�1Ll�J.r:.'• �1 .c`.++.. .,. •.r.::'.-.. latr.ra- - - '. ., '= -The.�Vvpulatlonof the -Mmi es -Square Nelghbo'rtiood is similar In- percentage of p6p6latiori146e 62 and over to that sof the borough or of the two Community Districts in which It falls: CD 4 and CD 5. In addition, in 1990 there were close to 2,000 children under the age of 14 living ..in the Times Square Neighborhood.— Both the elderly, and young, whose lives are ;generally circumscribed by their Immediate community, are impacted by the types of businesses and uses that occur in the Times Square area, including the adult use establishments. TABLE 11 AGE CHARACTERISTICS, 1990 TIMES SQUARE NEIGHBORHOOD Source: U.S. Bureau of the Census, 1980 and 1990 Censuses of Population and Housing Characteristics, and Soda/ and Economic Characteristics. . . - .. - Employment Characteristics Traditionally, a large percentage -of Clinton residents have worked in the Times Square area, particularly in- t e theater and music industries as technicians, actors, and performers. This is borne out by the census data, which show a very high percentage of residents working within less than half an hour of their homes and walking to work. The percentage of workers in the Times Square Neighborhood who walk to work is higher than the percentage for the borough as a whole and is much higher than the percentage of those in the other four boroughs. W Time Square CD4 CD5 Manhattan TOTAL POP. 25,651 84,431 43,507 1,487,536 UNDER 14- 7.4 8.2 5.2 13.2 %% % OVER 62 15.4 . 15.9 15.3 15.9 MEDIAN AGE (Years) 36.63- -•37.2 ." 37.2 35.9 Source: U.S. Bureau of the Census, 1980 and 1990 Censuses of Population and Housing Characteristics, and Soda/ and Economic Characteristics. . . - .. - Employment Characteristics Traditionally, a large percentage -of Clinton residents have worked in the Times Square area, particularly in- t e theater and music industries as technicians, actors, and performers. This is borne out by the census data, which show a very high percentage of residents working within less than half an hour of their homes and walking to work. The percentage of workers in the Times Square Neighborhood who walk to work is higher than the percentage for the borough as a whole and is much higher than the percentage of those in the other four boroughs. W In 1990, approximately two-thirds of the population of the Times Square Neighborhood above the age of 16 were employed. The Bureau of the Census estimated that 95% of these workers worked in New York City and 8896 worked in Manhattan. This is similar to Manhattan's residents in general, of whom 94% worked in the City and 84% in the borough. Compare this to, for example, the Queens workforce, of which only 40% work in their home borough. i Similarly, while the' mean travel time to work for Manhattan residents was '29 minutes (and that of the other" four boroughs was approximately 40 minutes), the mean travel time to work for residents in these six census tracts was 23.16 minutes. Of the Times Square residents who travelled to work, 48%, or almost half, walked. Compare this to 29% of the Manhattan workforce and less -than 10% in the other boroughs. ..Times. Square, therefore, has a. considerable- segment of the population who spend both their working hours and off -time in -the -Times-Square Neighborhood. ... s.. ... •.. �...a -... 3-.�.'.. fro - •.'4. i•.!': '+:.:'�.. i..• -{... - � ... .. ". _ •t••.•!;:•. 20 -- -- C C TIMES SQUARE NEIGHBORHOOD: ITS ZONING AND ITS USES Zoning -The Times Square neighborhood is zoned for General Central Commercial uses, reflecting the importance of. Times ' Square as a central core for the City and region. These C6 zones vary: while Broadway, Sixth and Seventh Avenues -are Toned C6-6 0 5 FAR), the. midblocks and Eighth Avenue are zoned C6-5 or C6-4, --for a lower FAR of 10. > Uses -permitted in C6 districts typically includeall residential uses as well as commercial -and wholesale uses. - To . the west of .Eighth Avenue the predominant zoning is R8,-= with a C1-5 overlay along S.Avenue for our control blocks.. R8 permits general residential uses.of a 4.8=6.0 FAR.. C1-5 commercial districts*permit local neighborhood commercial uses at an FAR of 2.0. Special Districts S'ecial Midtown District Times Square lies within one special zoning district and directly abutsanothei r' In fact, the eastern boundary of one of these districts and the western boundary of. the other meet in the center of Eighth Avenue. Eighth Avenue can thus be viewed as the transition between two special districts: one- encouraging commercial development and the other attempting .to preserve a.low scale residential community. That duality is reflected in the opinions of residents and businesses about the status and future of the Eighth Avenue strip. There are those who view Eighth Avenue as a'development corridor, which.. began to be such with the building of Worldwide Plaza but which remains under -built, with a number of vacant buildings and parking lots. There are others who see the area as one that can and should continue to serve the economic development needs of the theatre and entertainment industries as well as other related needs of the city. Still others think it can and -should be enhanced as a residential avenue. Whatever their perspective, few see the concentration of adult use estabiithments as being beneficial to either the preservation or the development of the area. The area of the Times Square Business Improvement District lies almost entirely within the boundaries of the Special Midtown District (Sect. 81 of the NYC Zoning Resolution). Within that, a large proportion of the BID is included within the Theater 21 r. A C Sub -District, and the even more restrictive Theater Sub District Core, which extends from 43rd to 50th Streets, and from 100 feet east of Eighth Avenue to 200 feet west of Sixth Avenue. , In general, the goals of the Special Midtown District include the strengthening I of Midtown's business core, while directing and encouraging development and preserving the "scale and character" of Times Square. Within the overall Special District, the purpose of the Theater Sub -District is to protect the cultural and theatrical and ancillary uses (i.e., shops and restaurants) in_Times• Square. This7sub-district provides additional incentives.and controls to encourage preservation .of.theaters, 1 special development rights transfers, and separate requirements for ground floor -uses. 1 .: .!. :L": f.�: .1'•t .., r -_r.: j'=•i...;.. :.., = •.•+ =.• : • -_' .. ..•.i't'y. ..tN•s •. V./alt i�i�^w�'". hal ;�Y=�''..�1 ��': 4001.e. .. i..--i's- Special a Special :Clinton, District c: - _.. : ^• a _ - Directly to: the . west of. the Midtown Special District -and thus, of •the Trmes _ Y pe Square area --is the Clinton Special District, whose purpose is the preservation -of the residential character of the Clinton community (Sect. - 96).- • The west side of Eighth Avenue falls within the Perimeter Area of the Special Clinton District. it is a transition between the tourism area of the Midtown District and the low-rise residential neighborhood immediately to the west, and the manufacturing district further west.- , Community residents characterize Eighth Avenue as "The Front Door to: Clinton": The Special Clinton District regulations contain provisions regarding demolition of residential buildings and relocation of tenants that are stringent and designed to Ipreserve the neighborhood`s residential character. --Our Ninth -Avenue control bloc -fails not v hin the Perimeter Area, but rather. in the more restrictive Preservation Area; the one exception is the block ori "which' Worldwide Plaza is located, which is excluded from the Special District.,. Within the Preservation Area,* there are `'also tough. provisions .in -regard : to demolition ' and relocation of residents. Land Uses: Control and Study Blocks - .. In general, the -land uses in this neighborhood are diverse and eclectic. We I provide a detailed picture of this diversity below. j 42nd Street Study -Block Land Uses The present land uses along 42nd Street reflect the general commercial nature of the block. The north side of 42nd Street between Seventh and Eighth Avenues has a significant number of now vacant theaters, awaiting redevelopment through the 42nd Street Development Project. In addition there are clothing, sporting goods, tobacco, and camera stores, as well as delicatessens and a fast food establishment 1 22 on the corner at Eighth Avenue. As one approaches the northeastern comer of the Intersection at Eighth Avenue, one can see a concentration of adult use establishments on the still privately owned portion of that block. (The State will soon begin condemnation of these buildings.) - l I Along the south side of the 42nd Street Study block there are also a number of now -vacant retail establishments and theaters,- as well -'as 'the--' Candler office building:' Retail establishments that are open along the south side of the Study block include electronics; novelties, sporting goods and shoe stores, as well as one•first-run movie theater:. r .• ...,: f ' . _r." :_ si .{.. a�-. .f C•� w:f"a•!'•'i• a.y..H!'::a1f1� Nt1ri ?. .. . ...t• .\KT, �,h. .w��;..... 'y+ �~t.. ."�•'�• .• �•_ Therd*'are approximately sixadult use establishments onithe north side of* the 42nd Street Study Block, -and nine aduk°use establishments.ori.the south sicle,•for-a total of .14. (Some of these stores are divided with more than .one.entrance and level). 42nd Street Control.- Block--:.. The land uses along the north side of the 42nd Street Control Block between y Eighth and Ninth Avenues include the following uses: a'bar, two parking tots; a church and its rectory; office supply andgift stores; a deli, an gentry to an apartment house; and the entrance to an adult use establishment whose main entrance is on Eighth Avenue. ::The: south' side of the control block is most notable for the Port Authority Bus - Terminal, which takes up approximately two-thirds of the blockfront., Additional uses to the west of the Bus Terminal include: a. pizzeria, .a parking lot; ,a hotel entry, an _: appliance servicing establishment, offices, and the US Post Office's Times Square.. Station. . Other than the side entry to the Eighth Avenue adult use establishment, there are no adult use establishments actually on the control block. Eighth"Avenue " Study- Block The Eighth Avenue Study blockfront extends three blocks from 45th to 48th Streets. The mixture of uses is not reflective of the General Commercial Core aspect of the location. instead, the uses are a mixture of local retail including novelty shops and souvenir stands, as .well as delis, drugstores, and -liquor stores, parking lots, vacant properties, and restaurants and other eating and drinking establishments. There are some uses which serve the theatre industry to the east; for example, the hardware store between 47th and 48th Street. 23 0 'r The study blocks are flanked by the Milford Plaza Hotel, between 44th and 45th Streets, the Days Inn between 48th and 49th Streets, and Worldwide Plaza between 49th and 50 Streets. Along this strip of three blocks there are eight adult use establishments: six movie theaters and two video stores. Ninth Avenue .Control .Block The building stock on Ninth Avenue resembles that on theghth Avenue study block: predominantly older, two to four-story buildings, often with apartments `above the retail places. The uses on Ninth Avenue'are more reflective'of -the area's -zoning .for local. retail uses; �with-food markets; barbers; locksmiths;`fast foods; and florists, :for. example._ : Also"noteworthy: are: the t-numerous,'restaurants' along Ninth Avenue serving primarily locals. There are no adult -use establishments. along Ninth Avenue, -.either -in our three - block control blockfront between 45th and 48th Streets; or.for the entire stretch from 42nd Street up to 50th . Street. A map of all land uses as of March, 1994 along 42nd Street between Seventh and Ninth Avenue. between.- 42nd,and 50th -Streets. -is attached at the -end --of this report. ..�•=}tai :�: �. •.... •— ... .'; C•; j�Gt.0 `f�t.'3` h; F b 1 24 I C ADULT USE ESTABLISHMENTS AND PROPERTY VALUES Total Assessed Value We attempted to compare total assessed value over time,. and the rate of change, for our study and control blocks. We analyzed and compared the years 1985- 1986 to 1993-1994. In addition, ,_we compared our Study and Control blocks' assessed ' valuation -to r that , of -1) the ".aggregated tax.., blocks falling -within the boundaries ofthe .Times Square Business Improvement District; 2).the entire Borough of Manhattan ;1 and 3) the City as a whole. -*Our findings are summarised ir1 Tablelll. The Table shows that the rate of increase of the total actual assessed values of the Eighth Avenue Study Blocks was less than the *rate .ofincrease *f&the Control Blocks along Ninth Avenue on -which no adult use establishments are or. were located. To a lesser extent, the rate of increase of the actual total assessed value of the 42nd Street Study Block is less than that of. the 42nd Street Control Block. TABLE 111 ACTUAL ASSESSED VALUES CHANGES FROM 1985-1993 FOR "SELECTED BLOCKFRONTS 'iroij; ?"�C'+'d'Ti :d C�ue�'` 1�CTUCM•"'WP ,JN9�4000OM�u..4YIO M Ai�]NGE� OEM" •MIS�°' `dGonsj;,.� 8� 993 11.22 18.55 .65 i. 4.52 8.65 91 . . 34.89 51.63 48 _ :. � • 88.31 136 65' ' . . 5 " 810a I�fi TEOI;': 2,034.7 3,252.3 60 29,462.7 47,229.4 61 ��..: �' .tom "Yi,T ybs x� '^ ��,, ,. • fA.' <.. ';�9� 53,589.8 81,714.6 52 Sources: NYC Department of Finance; Insight Associates { The estimated BID total assessed value was determined by adding all 36 tax blocks that fall entirely or partially within the boundaries of the Times Square Business Improvement District. 25 C c; Changes on Individual Properties After determining that the rate of increase of the total actual assessed values of the Eighth Avenue Study Blocks was less than the rate of increase for the Control Blocks, we zeroed in to compare more closely the rates of change for the lots themselves. After detailing each block, property by property, an overall figure for the "social block" or the avenue considered .with both its. east and west sides, is noted. The assessed values of the tax lots ton the Eighth*Avenue Control Blocks were analyzed in terms of proximity to the location of adult. use establishments; the' purpose of the -exercise was -to 'see if there were any ::patterns regarding -_the .location, of establishments and the rates of change. The -findings are shown below. An: most cases; _.tlie :late, of_ changes for. other lots *on the blocks were less than those : with adult use establishments; Note that the tax* lots which have adult use;estabiishments 'are indicated by bold type.... - When there is a decline in the assessed value and the Department of Finance p t records indicate no change in the building class or size, we can assume that the property owner had at some point filed for and been granted a reduction in the - property's assessed value though a certiorari proceeding.:-.- - --There may be many reasons for a property's assessed value Ao- have changed - at.a rate different than those of -the rest of the block, or the general area.="One cannot = automatically assume ; any --one .-reason, � such as°the proximity .of :adult `use -establishments. . For_:example; the physical .condition -,of :the. property..may_have:.-= deteriorated, or the property may be at a location undesirable from the point._of,view. of potential retailers _..__ __.- r _ • - . While it may well be that the concentration of adult use establishments has a, _ -..generally depressive effect -on the.adjoiningproperties; as'a:.statistical matter we do not have sufficient data to prove or: disprove -this thesis. --Jt -May also be that.simply. .. the presence of adult use-.estabrishments' is -,subjectively. viewed- by assessors_as a-- factor that necessarily reduces the value of an property. -.In short,. -assumptions may influence assessment:- • Also included in the lists below are the actual uses --the types of stores or restaurants, for example --for each property along the Eighth Avenue Study . blockfronts, from 45th through 48th Streets. We have tried to see if there is any pattern in which "uses that one might considerlb be more compatible with an adult use reveal a different rate of change in assessed value than other, less compatible uses. 26 TABLE IV BLOCK BY BLOCK CHANGES IN ASSESSED VALUATION ALONG EIGHTH AVENUE STUDY BLOCKS LOCATION .. BLOCK/LOT.ADDRESS LAND USES % •CHANGE IN (on Eighth • - - ASSESSED Avenue) VALUE .... _ .0985/6- 1993/4) 0985/6-1993/4) 8 AVENUE: 45-46 STREET.._ West 1036/36_..__... 731:727. - - • _ _ Pizzeria. `'- • •_ " : 5096 _ East 1017/58 - Parking lot 61% Vacant .732.--- 'Adult Use (Eros 1) Do 730 West' _.. _..._ •1036/33 -s� 725 -Pawn Shop=— 728 .-.}... �_: _. — - Wesf -- �.-- �7 036/29 .712=:: -_.:::—`— .Photo !ab-�� `-��% , r -3396 .r- .�:•- _y 724. _-.. _ -_ Souvenir/ '._ �. _ T-shirts �. 275% .: Hair/Nails Restaurant _ Restaurant . East :. 1017/61: .Y .: 740 Hotel entrance .. 136% , Liquor .. ... .. Novelty _ . Bar Novelty East . _..._..�._ .: -1017/63 ..... '738 Aduk Use ...-- Mapff-.... -----13896- ...._ _ East 1017/58 - Parking lot 61% East -- -". _ ._ '101714'- - "- .732.--- 'Adult Use (Eros 1) _ ... 1017/3 ... .;„ 730 : Bar ._:._.... _ _8496 East • - 728 Adult -Use (Venus) 94% East - 1017/101..- 726. Deli _ <.- 4396,_•. . East _ 101.7/1 _... ' 724. _-.. _ -_ Souvenir/ '._ �. _ T-shirts �. 275% .: Social Block Change: 61 % " In the 45th to 46th Street study block, the parcels across -the avenue from a concentration of three adult theaters show a rate of -increase much lower than the average for the entire blockfront. The parcels on the same (east) side- of the street from the theaters tended to show lower rates of increase in assessed value, except for 1017/1, whose owner is listed by the Department of Finance as that of an adult use establishment located at 265 W. 47 St, and 1017/61, which is a mixed use property comprising a hotel'with retail uses below. 27 A TABLE IVa BLOCK BY BLOCK CHANGES IN ASSESSED VALUATION ALONG EIGHTH AVENUE STUDY BLOCKS LOCATION BLOCK/LOT ADDRESS LAND USES % CHANGE IN (on Eighth Fast -Food ASSESSED Avenue) 1037/35 - 765 - - - - • _ VALUE 1 :`. 037/34 763 •_ - T-= .. Adult Video (198516- West 1037/33 741-743 Travel Agency 199314) 8 AVENUE: 46-47 STREET West - 1037/36 767 Restaurant 55% - Fast -Food • .. West 1037/35 - 765 - Hotel En=trance 1 :`. 037/34 763 •_ - T-= .. Adult Video ;"� �"39596 West 1037/33 741-743 Travel Agency 199% (entrance) ' Bar Restaurant West - 1037/30 733-39 Pastry shop 125% ' (formerly adult video) Novelty/Gift `._ Electronics _Bar Grocery . - Adult Video (Pleasure . Palace)-- -- - • - .... _... . . East - 1018/61- 760 Liquor store 55% _- - - - -- -- - . Pharmacy:._ - *Restaurant . _. _ ..... _ . Union office on (entrance) - East 1018/3 754 Parking tot 121%.- 21%•East East1018/1 750 Souvenirs 123% Deli Bar Social Block Change: 73% There are no readily defined patterns for the properties located on the west side of Eighth Avenue on Block 1018. The parcels at 754 and 750 generally appreciated by over 120°/x, while the remaining parcel increased only by half. 28 _ _. r However, on the west side of Eighth Avenue, on which there are two X-rated videos, located at 763 and 739, the properties not owned by the owner of the video establishments evidenced a lower rate of increase. The assessed value of the property at 765, adjacent to the Adult Video, actually declined by over 25%. TABLE IVb BLOCK BY BLOCK CHANGES IN ASSESSED VALUATION ALONG EIGHTH AVENUE STUDY BLOCKS LOCATION BLOCK/LOT ADDRESS LAND USES % CHANGE IN (on Eighth` .. 1038/31 777 ` ' .. '`ASSESSED - Avenue) - . _' `'' VALUE = (Hollywood (Hollywood • t1985/6- • •- �-- . - -, �., ..... ., _ .,.. .. 1993/4) 8 AVENUE:_ 47-48 STREET . - West 1038/36 787 Coffee shop w:- 30% 1019/61 782.- - Pizzeria 48% West 1038/35 785 Hardware store 51% West -1 1038/34 783 Restaurant 180% West 1038/33. 781 ... • • Lighting store ..-...: 162% West 1038/31 777 ` ' 'Adult Movie - ' 120%- 20%- (Hollywood (Hollywood Twin/ West 1038/29 -771' Restaurant East; :. 1019/61 782.- - Firehouse 48% East 1019/63 ' " '780- Adult Use 59% East .1019/64 778 Souvenirs 59% East 101913 -776- Adult Videos 59% East 1019/2 772 Vacant, sealed 107% building East 1019/1 770 Frame store -4% (entrance on 47 St.) Social Block Change: 66% It is difficult to see a strong pattern on the west side of Eighth Avenue, although the assessed values of the two properties located at 787 and 785 increased by far less than the other four, including 777, which houses the Hollywood Twin, and 771, which is owned by an individual listed as owner of other adult use establishments in the area. On the east side of Eighth Avenue, the two adult establishments and the property between them enjoy a common ownership; the three tax lots all increased in assessed value by precisely the same percentage-59%. On that block front there is also a NYC Fire House and an vacant and sealed building that is listed by the Department of Finance in 1993 as City-owned. The one remaining parcel on that block front—a framing store --experienced a decline in assessed valuation for the period. A similar review of tax lots was not conducted for the other_ area of concentration, the 42nd St.;Cont- Block. This was because it is-felt that the many other trends and government actions along that strip, including• public condemnation of the- parcels and numerous lawsuits, would further complicate..the analysis, -and would prove fruitless. Department. of Finance' A_ ssumptions= -- In addition to the detailed analysis described above, we spoke to *a high official in-the'Department of Finance to obtain his expert opinion on.the'relationships arid_ effects, if any, of adult use establishments on neighboring properties. He stated that "there-is no doubt in my mind that they [adult use. establishments) adversely,affect other properties.". Their.presence, he indicated, is factored into the locational aspect of the. appraisal formula; .though, he acknowledged that appraising is not itself an' exact science. A commercial building may be obtaining a reasonable rate of return,. but if that building were located_ near_ an adult use establishment, the assessor would. tend to use a higher capitalization rate,-which would therefore produce a lower value. The further away a property is from the adult uses, he explained-the lower the effect on its value. It 30 N ADULT USE ESTABLISHMENTS AND CRIMINAL ACTIVITY General Crime Statistic's Over. the past five. years, according to the -Office of Midtown Enforcement, police statistics shovVan* estimated .54% de6iase in crime in the Times .Square area. This-! d4dreas6 - parallels the decrease -in *b . dulf u*se.estabIIshrhe6,__.a6d -aftfi66jh'*-We._ Mt .. * ­*.- . " . -N sperception.!- - �6* UbUli_ -- o ct causality -It Is interesting to note oth the - cannot c ii ffi­ dIr`e* -that-it Ore arid.'the'i6MitV"'that`Times Square ls..a-safe.r...p*[.al,-ce-**:t,ti-a-n4,*Itwas-,years::p66.--While . V i;46re not -able, to''bolli6t crime statistics over a broad range, f me, we were able, to obtain Information from the New -York City Police Department for our. Study and Con I 'I', In"addition, dati'o' on control blockfronts With no'adUftuse establishments were requested'for NinthAvenue between 45th=and48th Streets, 'and for 42nd..Street. between Ninth and Tenth Avenues. The latter was selected as the control block for this purpose, .rather than the block between Eighth Avenue and Ninth Avenue that had, - been used in -analyzing property.tax data, (see p..25-30), becaus.e.it-was felt that encompassing the Port Authority Bus Terminal; with its unrelated associated crime rovi e meaningful basis of compdriso'n, statistics, would not a provide - tot -study block. ­-! T._h��.:qgpe,data.reports ­-were.pqepared.by.,'Ifte_.Precin..c.ts.- n -,which, -these. blockfronts are located: Midtown South, Midtown North, and the :renth Precinct.' .,The reports generated - bythese.'precincts- do 'not includp complaints .for prostitution or drugs (other than criminal possession of a controlled substance), as these crimes are. reported In an incompatible .format. (We did;: -however obtain. some .information on prostitution. activity from other sources, which will be described below.) In.additlon, certain desired data, such as known- locations for drug-dealingi are part of on-going InvestigatloAs -and prosecutions, and thus riot available to -us. The data we have used reflect the numbers of criminal complaints, not arrests, for known addresses, or locations along the block -fronts under study;--- Actual complaints were listed for a wide range of crime categories, in*c . 168ing Grand and Petit Larceny, Grand and Petit Larceny from an Auto; Criminal Possession of Controlled Substance; Criminal. Harassment; Assault, Robbery, and Fraudulent Accosting. Each precinct used slightly different categories in preparing its reports for this study, but in general, the major categories were similar. Certain crimes were more prevalent in specific locations. For example, a larger number of complaints. of Grand and Petit Larceny from an Auto were noted along Eighth Avenue between 45th and 48th Streets; this may reflect the presence there of parking lots. N 31 Despite the many limitations on these data, there were certain significant patterns that did appear. in general, as seen in Table 11, criminal complaints were higher for the 42nd Street study block than for the 42nd Street control block two blocks to the west. During the three month period of July through September, 1993, there were 45 criminal complaints on the Ninth to Tenth Avenue block of 42nd Street, . . and 88 on the Seventh to Eighth Avenue blockfront. Similarly, there were 118 criminal complaints on Eighth Avenue between 45th and 48th Streets, and only 50 for the same three blocks along Ninth Avenue. One cannot assert that there is a direct correlation between these statistics and the concentration of adult use establishments on 42nd_ . Street between Seventh. and r Eighth Avenue, or. along Eighth Avenue between 45th and 48th'Streets.-.-.But the is- verydefinitely ajpointed difference:in the numberof crime'complaints:between these study. .blocks and: their. controls.. _ _ _. .. • - '.,�: .:z ., zz:Kt:=a(I!•�f t/aiv�i ♦i:i:.: 4:r -.It appears -that there was a continuing.reduction.in crimes along Eighth Avenue, the further away from 42nd Street, with its concentration of adult use establishments. While there were 135 .complaints on Eighth Avenue between 42nd and 43rd Streets, there were only 80 on the block between 44th and 45th Streets.... For the three blocks between 45th and 48th Streets, there were a total .1.18 complaints for the same period. These complaint statistics are summarized _in Table V. -TABLE V - CRIMINAL COMPLAINTS FOR SELECTED BLOCKFRONTS JUNE,. JULY & AUGUST 1993 BLOCKFRONT JUNE JULY-- AUGUST TOTAL 8 Ave. between .34- 45 56 135 42-43 Sts. :. 8 Ave. between 38 = ''21 21 80 44-45 Sts. 8 Ave. between_ . 40 ...745 45 - 33 _ - 118• .. •. 45-48 Sts. _ ..... . 9 Ave. between 16 13 21 50'', 45-48 Sts. 42 St. between 29 36 23 88 7-8. Aves. ...- - 42 St. between 16 16 ' 13 45 9-10 Aves. _ _ Source: New York City Police Department; Insight Associates 32 S H Criminal Activities: Drugs and Prostitution Arrests As can be seen in the responses to our survey, one of the most frequently made assertions is that adult use establishments attract criminal activities, particularly drug dealing and prostitution. Working closely with the NYPD Crime Analysis Unit, we attempted to obtain data concerning arrests or complaints for these two types *of criminal activities, in order to. enhance the criminal.. complaint data discussed above. Prostitution and drug complaints are not collected by the precincts in the same way as other criminal complaint data.- are. _complaints and drug "arrests are not maintained, on'ttie- precinct level and 'are considered confiden'tial;. due to..on-going criminal investigations. Thus, we were not able to•otitain data on this tj pe of"driminal activity.. With the. cooperation of the Crime -Analysis. Unit, however, we were able to obtain infoiaiiation concerning prostitution arrests along `Eighth Avenue from 42nd Street -to" 'Street.:::•..�� ..�..., 1. ,:_.,....... .a. .✓.. ar_ 1 . �� Ina three month period from'July'through September, 1993, •in the Midtown South Precinct, there were 19 arrests made on Eighth Avenue between _42nd and 45th . Streets, 'compared to no arrests on Ninth Avenue between 42nd and 45th Streets.'" Further north on, Eighth "Avenue,' between .45th and 48th Streets, the Midtown North Precinct reported 9 arrests for. prostitution," compared to 14.,arrests along Ninth Avenue for the same'three blocks during the same three month period.. Thus, *the heaviest incidence of prostitution arrests'occurred ih.the"three'block'study area -of dense'concentration of adult. use. establishments, during this time.,period.'. Those findings "are summarized in Table.V1.' .. �l•.w 17 tri,]: =ri' .�. :si, ',. TABLE VI -- PROSTITUTION AND RELATED ARRESTS FOR SELECTED BLOCKFRONTS JUNE,'JULY, & AUGUST 1993. BLOCMONT JUNE JULY ' AUGUST j TOTAL 8 AVENUE _ 7 _ . 7_..�_.. _ --a:.:...5 _ _ _ _.x..1,9. ... (42-45 Streets) 9 AVENUE 0 : 0- 0 -: 0.. (42-45 Streets) ..... 8AVENUE 7 1 1 9 1(45-48 Streets) 9 AVENUE 3 10 ._ 1 • 14 (45.48 Streets) Source., Now York City Poke DepartrnenC /nslpht Associates r In addition, there were 7 arrests for Patronizing a Prostitute for this month. 33 C C In addition, we were able to obtain from the Midtown Community Court a list of locations for prostitution arrests appearing before that court for the period from October 12, 1993 through February 28, 1994. The Midtown Community Court sampled 60% of its prostitution arrests for this 4 1/2 -month period, looking at the frequency of arrests on Eighth Avenue between 42nd and 48th Streets, as compared to those along Ninth Avenue between the same streets. The number of prostitution arrests on Eighth Avenue •was 20 for that period, compared to 5 for Ninth Avenue., -However, higher than that was the number -24 --for the - area west ' of Ninth Avenue. This may reflect the. well-known concentration of prostitution activity along.the westernmost stretches of West Midtown, particularly along Tenth and Eleventh Avenues: - - "_�:'. -• -- -'�~�-"• "What'_is ,interesting,however,* is that.'during'•this,4 1%2 -month "period,'ttie location for the -majoritf of prostitution arrests "shifted drarnatically eastward,_from west of Ninth Avenue to.Eighth Avenue itself: _This.change-may have -been a•function of police activity and sweeps.or.may be*related to other. factors.- _ • : __ : � •..-t r ,'; _ _ Nevertheless, the more recent level of prostitution activity, while higher in the west, dropped along Ninth .Avenue, but increased again along Eighth Ave. This concentration of arrests along Eighth Avenue may be related to presence of adult use._ establishments along Eighth Avenue, but may also be related to traffic and pedestrian patterns, proximity to the Port Authority Bus Terminal, and proximity to Times _Square itself: It should be noted that according to the Midtown' Community Court's records,, the most frequent locations for prostitution arrests in their sample were in .,the West 20s along Tenth and Eleventh Avenues and in the upper 50s on Sixth Avenue. The findings are shown in the follpwing table. - r� ;. T .._. TABLE Via PROSTITUTION ARRESTS AT SELECTED LOCATIONS MIDTOWN COMMUNITY: COURT - (60% Sample) LOCATIONS 10112193-12/31193 111194 TOTAL 2128194 8 AVENUE - 4 16 20 (42-48 Streets) 9 AVENUE 3 2 5 (42-48 Streets) WEST OF 9 AVENUE 21 3 24 (42-48 Streets) Source: Midtown Community Court, 3/4/54 r 34 The Office of Midtown Enforcement, although acknowledging the decline in criminal activity in the Times Square area, continues to deploy surveillance teams to monitor the level of prostitution activity in the area. (Office of Midtown Enforcement 1991-2 Fiscal Year Report). �_ •r ,1}.:.r . :r.".S':.` _.!..':'~Y Y' •d`jjn •.:'nx.Tt�n.f"te-nt,...`Ah` i r I r I 35 c c .4 36 C INTERVIEW FINDINGS Previous secondary effects studies have - combined survey research and anecdotal reports from community and business interests. Our study did so as well. A total of 54 interviews were conducted between November, .1993, and. March, 1994. Three different interview questionnaires were employed: one designed for property. owners and business operators, a second intended -for local organizations, i churches, and schools, and the third for Community Board representatives.'.. geeral,-e sought to. obtain inform nwation on perceptions and experience of the impact. in the -Mmes Square area of, adult entertainment, estabiishments.i_ More specifically, we tried to elicit detailed observations of the effects of -these enterprises on business and daily.life..,We also,attempted to.obtain.information on the. effects of j these tit'sinesses in. geograohicterms, i.e. i.Ahe, proximity and distance of. adult -use . establishments and the resulting intensity and/or -diminution of impacts. To provide context, we asked all respondents about their views of what constituted. the major problems facing the Times Square area, and the ..relative importance of pornography. and adult use businesses among these problems. *The open-ended conversations that followed completion of the formal interview schedule were, often "most productive. Where possible, the interview results are presented below as quantified measures but- in addition, many valuable insights emerge from interview material that is not easily quantified. Property and Business Owners' Real Estate Owners, Managers, .and Corporate Leaders.__ our twelve -interview sample In this important category included five of the t' T largeseal estate companies or management agencies in the city, with multiple —holdings In -Times Square and elsewhere;: We interviewed one appraiser familiar with the Times Square area, one owner of residential property, and one leasing agent. In addition, we spoke with executives of two important publishing'and communications corporate groups. Most of these respondents have been part of the Times Square scene for decades, and some are.relatively recent arrivals. They are all aware of Times Square's history, in all its ups and downs, and some have played roles in this history. Their observations and expertise, however, are focused on the growth of Times Square as a unique conglomerate of entertainment uses, commercial tenants, tourist attractions, and, increasingly, a home for financial and multi -national corporations. 37 fl As our appraiser interviewee stated, we must evaluate how the presence of these adult entertainment uses slows down or reduces rentals and business activity in the long run. That is, it can be said that pornographic uses may attract other businesses and traffic, which brings revenue to the owners of those businesses in the short run. But there Is no way to encourage Increased value of commercial properties for a variety of businesses in the long run if they are next door to a concentration of pornography establishments. This: observation, Is' confirmed by the direct' experience "of :our real estate respondents:' Three real estate developers had bought buildings in the Times Square area which housed adult use businesses, and they sought to terminate these leases as quickly -as possible.-: -They all asserted ° that --the .presence,-ofk`such stores" had a definitely negative -effect on office teasing, especially for'corpofate' tenants. --A- leading real estate agent described the'lower:rentsfand.difficult-leasing conditions of an office building `located on 42ndStreet-: between- Sev..enth' and eighth . Avenues. He • also depicted the lower• rents onfor comparable buildings, and cited instances.of tenants refusing to renew leases because of the Eighth Avenue location and its atmosphere. An owner of a smaller residential property on 46th Street said that he believed that the adult use businesses on his- comer at Eighth Avenue frighten people away. - He had an apartment on the market recently and a prospective applicant who said he wanted to rent it for his. daughter -and friends turned out to be'realiy interested in using it, as a massage parlor. The.. owner recently -advertised office space in his building, but has so far attracted two adult use businesses; while other applicants' have been scarce. The builder and owner of World, Wide Plaza spoke of the need to oust a porn theatre one block to the north (which later relocated further south on Eighth Avenue) in order to attract major corporate .tenants. While his tenants have long-term leases, and he recognises that. the development- of his. -building was..affected' by recent: downturns in the rear estate market having -little to do' with- porn _, he nevertheless expressed concern about the new.spread of pom.uses -along _,Eighth Avenue.. In fact, though the block from 50th Street.to�=b-1°st-.'Street,-north of WAr'_Id Wide Plaza,:remains .. vacant because of these larger market trends, he. is seeking'to dncourage the .lessee., to rent to local retail uses, rather than to adult entertainment businesses. - Members= of this .development organization stated that they believed that security costs In this building were somewhat higher than those of comparable buildings located in other neighborhoods. They also were very concerned about the recent increase in adult uses on Eighth Avenue, which _they fear is occurring because of the public agency condemnations along 42nd Street, which mayi well be forcing the porn merchants northward. All of our respondents said that adjacency of porn establishments has a negative, effect on sales and leasing, and that plainly the concentration of establishments affects the overall image of the western edge of Times Square. They describe Eighth Avenue and certain side streets where these stores are located as 38 Both a small coffee shop owner and the owner of two larger family restaurants expressed their opinion that Times Square remains -a' -promising business growth area and that they intend to stay. But the coffee shop may be forced to move off Eighth Avenue, and would like to unless conditions improve. j 41 Restaurants We interviewed seven respondents, representing eight variously-priced restaurants and chains in the Times Square area. Two were located on 46th Street's ' Restaurant Row, two on Eighth Avenue, and three elsewhere in Times Square. One Y restaurateur was also a building owner. .. All of the respondents believed, in general, that the presence of the adult use =' `establishments was not good for thele business:,' One of the o . ne :was • not at all 'affected; he said, by the 'adult.businesses; because the block on which �tifs restaurants were located was free of such.-uses: -. But- although this restaurant operator had been ... offered properties on Eigtith'Avenue-as well as on'43rd Street, he said -that tie would ` not open �es'tairrants on those sites even �f they. were free.' ::"My customers want to • be iitertained to be In an uplifting environment. Mji places attract iii- iljy and triencis. k. I -don't want my customers to be put off by the atmosphere.,t" } �1i`!• ..-.. 7'T�:�s'S%:iq�.:;i•^. �!7;"'�'- .� !ti ,r r.:1'; t:'� i�!.� ^.li•_�J'•'1'•,•, .�:.�.i.� .--,ii .-�.. � �. , .. :.. .� ...• u.....�•./♦ .s �•.:tY ...t.: r.,. i[•.. u'. ....;. j...f. :•r..• ...y. . r-.. a°.(.:�•'t'!)c• V, Bufthe owner of '6 (ower-priced coffee stop on'Eighth Avenue`wtio claimed that he sought tourists and local business said that the presence of these businesses made for a "terrible" influence, and that Eighth Avenue was no longer "a very popular area". He said that business is off after 7:30 or 8 at night'on this Avenue, compared to business- a .few years ago. = 'Another pop ular'restaurant with a substantial core'of fegular'customers who are not bothered by the presence of porn stores said, however, that the restaurant has great difficulty attracting the corporate parties that they -have been seeking. They • 'unsa%o believe that there-is a public erre troll that the area Is 7 ' r "`� P P P ry,•srnce they have had the experience of attracting potential parties; . and then 'having thosepotential customers cancel. This manager -also expressed :concern that tourists may pass her restaurant by because it is sandwiched between pornography establishments. Three of the restaurant operators described complaints from customers about loiteting..-The food establishments located on or near Eighth Avenue. said.that they belidVed that new porn businesses were relocating from 42nd Street; they also said that4he flamboyant advertising of porn stores,-even ads seen from across the avenue, had*negative effect ori* their. business. .All these respondents were aware of and complained about drug dealing which they could not directly tie to the adult entertainment ventures, but which they felt were part of the same picture. - Both a small coffee shop owner and the owner of two larger family restaurants expressed their opinion that Times Square remains -a' -promising business growth area and that they intend to stay. But the coffee shop may be forced to move off Eighth Avenue, and would like to unless conditions improve. j 41 { C C Theatre Owners Interviews were held with high executives of the three. major legitimate theatre organizations. All were very emphatic about the deleterious effects of the presence of adult use stores near their theatres and in the neighborhood in general. They stated that these uses "scare away audiences', and were not good for business. One respondent believed that one of his well-equipped and otherwise competitive theatres could not compete for bookings because of its location near 42nd Street's porn strip. That Is, he could not obtain rentals for productions, and was forced to create projects of his own to keep the theatre from staying dark. All three,- Including the owner of that theatre, -mentioned the' direct negative effects of the presence of an adbit use establishment right next door to the Martin Beck Theatre.;- Despite the fact that this theatre now houses a musical hit, the owners describe complaints from patrons about the adjacent -sex •establishment. 'Complaints were voiced about the: "unpleasant" atmosphere- on -the -western "edge -,of the. streets on which their theatres were sited; West Forty Fourth Street and, West irony Seventh Street. , r► ..>> One respondent, with a more than twenty year history of theatre operation in the area, was unequivocal in his view that the presence of these establishments hurt business. From the days of massage parlors in the 1970s to the video stores of today and the resurgence of topless dancing establishments,, there has been a continuing pattern of deterioration of facades, sidewalks, and biockfronts—a pattern damaging • to theatregoing. He believed that low --level drug *dealing and prostitution could be linked to the presence of these adult entertainment places, and that -the presence of even one such store on a street .is negative: "" = The other -two theatre executives believe that the more concentration of porn businesses you have, the more it hurts property values. While _ they did ''express concern for free speech considerations, they.were.all quite critical of the negative effects of the appearance of these stores,"which they sayscontributes to blight. These exhibitors asserted: that -Broadway -theatre and restaurant patrons area class of people who are discouraged bythe prospect of walldng through pornography - filled streets. The respondent from a nonprofit theatre located in Times Square, not immediately near adult use businesses, did not express major problems or complaints related to such •places. -He recognized,'however; that many of his patrons parked their cars west of Eighth Avenue, and that many of his promotions Included dining on Restaurant Row, but he cited no specifically perceived negative effects.-` The theatre owners stated that the incitlehce of crime has declined in the Times Square area, and that the area is cleaner and safer, its negative raffish image has improved markedly. But they were concerned about Eighth Avenue, about vacant stores, and about uses such as porn stores that were incompatible with theatregoers. EEO] r Restaurants We interviewed seven respondents, representing eight variously -priced restaurants and chains in the Times Square area. Two were located on 46th Street's Restaurant Row, two on Eighth Avenue, and three elsewhere in Times Square. One restaurateur was also a building owner. All of the respondents believed, in general, that the presence of the adult use establishments was not good for their business:, One of the owners was not at all affected, he said, by the *adult businesses; because the block on which tiffs restaurants were located was free of such uses: But although this restaurant operator had been offered propertie's on EighthiAvenue- a's well as on "43rd Street, he_said that tie would snot open restaurants on those sites even if they were free.:"My customers want to be,&tertained to be iri an uplifting:environ"ment. My places attract family and friends. I •d6h't want my customers to be put off by the atmosphere." yt,!?:7.�1�4p;:l:i• •+� �r:r••`•. e!? �tj .° ,«•;r.'1 ;�!.:.. ^.li•?'9..-- `. •_:`:r�. • ;,-2:.-��. v - ; ':may. ..: ��.. Y..... •.l �• .. . •• .l.t i'`.;•: �•.cr�• `i �•. •. ... '•: L=..Y f:'•.w ••Y ..•s�.^ Yrl. - But the ovmer of.a lovi6r-priced coffee sFiop on Eghth'Avenue`wtio claimed that he sought tourists and local business said that the presence of these businesses made for a "terrible" influence, and that Eighth Avenue was no longer "a very popular area". He said that business is off after 7:30 or 8 at night'on this'Avenue, compared to business- a .few years ago. 'Another popular•restaurantwith a -substantial core'of regular'customers who are not bothered by the presence of porn stores said, however, that the restaurant has great difficulty attracting the corporate parties that they have been seeking. They believe that there -is a ublic perception that the ar"ea Is'unsavo r , ' ` _ p ry, since they have had the experience of attracting potential parties; ."and d ­ then' 'having - those . potential customers cancel. This manageralso expressed concern that tourists may pass her restaurant by because it Is sandwiched between pornography establishments.. . Three of the restaurant operators.described complaints from -customers about loite ing.:-The food establishments located on or near Eighth Avenue. said.that_they belidVed that new porn businesses were relocating from 42nd Street; they also said thati#he flamboyant advertising of pom stores;gven ads seen from across -the avenue_, had la negative effect on n their. business. All these respondents were aware of and complained about drug dealing which they could not directly tie to the adult entertainment ventures, but which they felt were part of the same picture.- Both icture. Both a small coffee shop owner and the owner of two larger family restaurants expressed their opinion that Times Square remains -a' -promising business growth area and that they intend to stay. But the coffee shop may be forced to move off Eighth Avenue, and would like to unless conditions improve. 41 C Hotels The three hotel operators who were part of the interview sample, and the owner of one of the properties—all located along Eighth Avenue—agreed that the dense concentration of adult entertainment venues was a deterrent to their trade. The owner of a long-standing moderate priced tourist and convention hotel said that there had been a tremendous improvement in conditions in Times Square in the last two or three years. He attributed this to the work of the Police Department and the Times•Square Business Improvement District.`:But this hotel, owner continues to have some difficulty attracting airline and corporate business, and the trade shows that .it seeks. He .described complaints .from airline. personnel; that women among them_were verbally assaulted on Eighth. Avenue.. He said that :,Times :Square is viewed 1 as a•"fun area", but.that.Eighth Avenue is the "seedy side'of the district". He also said that he.is himself not a prude", that.it is;perhaps;possible:.tp. live ..with some,.of these establishments, but that the conceiitration'df :them-tnore:than one . on every block on. Eighth Avenue—is "disgusting and •harmful"...in sum; this_nianager:of:a;large hotel said that there is great improvement, but there is still theneed to. combat sleaze through City.. action and through pressure on landlords.: An assistant manager of a chain hotel did not see any positive or negative direct effects of porn businesses on his own. But he did observe that prostitution activity seemed to be worse than last year, and he offered the opinion that plainly people do not like to see either that activity or porn establishments when they leave his In the interviews with the owner and his lessee of a'small hotelfranchised by i an j international . chain we heard . about the direct effects . of porn establishments. l Though located on Eighth Avenue, with X -rated -movies. at the end of the block, they believed that they could attract.customers because of'their national booking service. But after obtaining their lease, an adult -use store opened right next to the front door of the hotel, and the respondent described many instances of. customers having booked rooms through the national office. arriving; •lookingi.*. and_' nceliing..-.These customers .sometimes .took photographs;.of: the•• -adjacent pom store and "sent them back to.. the national -booking office...1�=.,As :. a �=consequence, �#rusiness . is down substantially: Both owner and managerdescribe the -constant activityrof .prostitution in front of the porn store and their hotel, and both associate drug dealing and crime with the loiterers attracted to the store. _ The owner had the opportunity to acquire and rent the adjacent store. He could have rented to adult use businesses, he said, but refused. He claimed that the adult use is paying a much higher, above market rent than whZ.-the.previous owner or any non -pornographic business would pay for that space. ­ He also said that "I am certain that there are illegal activities in the back room [of the store]. The rent is too high to be sustained by the sales." Both men expressed concern about a store across the Avenue that had been vacant for a year and a half, and feared it would be rented for adult entertainment use. 42 C Retailers The five merchants interviewed had all been in business In the area for many years. Four are family-owned businesses which also own the buildings in which they operate., Three of the businesses are industry wholesalers; destination markets, and local service stores. :Two of the interview respondents saw. no particular effects of the presence of adult use establishments on their own specific. businesses. Both of these condemned the presence of drug and crack dealers In, the vicinity. One of these -two -said that he knew the manager of a gay movie theatre across -the Avenue and considered him a neighbor trying to do.business.." , y4. :'•.. f..:. :fit :;. �....-�..+�1 .. _.._.= ..+..°..-tti:- ss, :.rs...: �• ..:•••. ;.,4:►.ai •� —" -�. ..... �.. 7, --interviewee felt differently; that conditions brought about by- the pom businesses. ete•pretty_bad,= negatively -affecting: rents:7;.Though;he-said hw,*Was °as-- concerned bout: the- First - Amendment: as :anyone; =and . didi not ;considerrmyself - a = saint", he did say that the people who hang out in front of these, establishments are unsavory and are involved in petty street crime... He feels -that the presence of such - stores hurts the perception of Times Square as a place of entertainment -and business. He' had become optimistic about Times Square's future in -the last years,; but now found himself worried about the increase in the number of adult use stores on Eighth Avenue, and the consequent security and safety problems., Nevertheless; -he plans to continue doing business in the area where his family has been since .1935,- and would consider expanding into more space in an industrial or commercial building west of. Eighth Avenue. -.... • . A liquor store owner said that his real living.is from the residential and -business trade In the area and he does not welcome -the presence of the --adult use stores.:He is convinced that .they are associated with streer.drug dealing, and claims to have--'" observed known dealers in video stores many- times per day. , He believes .that they frequent these places which otherwise seem to be doing very little trade--becausethe video dealer -stare tied into the crack -selling business: That owner.-and_a manager of a store owned by,a family which has been doing business In Times Square for ninety, years expressed great concem. about vacant stores, _high rents that only the porn operators c9i afford, and loiterers. who interfere with customers. ` Community Residents and Organizations in the. -greater Times Square neighborhood there are eight block associations, approximately seven public schools, and about fifteen churches, six of them within the BID boundaries. 43 4 1 ( j C Block Associations Of eight known block associations in the area west of Eighth Avenue, we interviewed representatives of five. All the respondents described the negative impact of the concentration of adult use businesses for both the residential gnd commercial communities. They all said that they believed and observed that these uses are negative In their effects because they attract loiterers, drug dealers, prostitutes, and their customers. Four of the block association leaders said that adult use establishments drive out legitimate businesses, and they deplored the recent loss of a stationery store and a drycleaners which had been replaced by adult entertainment businesses. 1 - All five representatives said they had been directly affected by the presence of 1 adult use establishments,on their.biocks and:indirectly �bythe-ptdsence of groups of prostitutes who congregate In froiitof-the.establishments°on..Eighth;Avenue, and also - onto the side streets. --They linked this prostit motractivity�to Eighth -Avenue itself;. but they acknowledge the presence of prostitution and drug dealing on other avenues to the west. Four of these respondents had made complaints to owners or operators of adult use establishments about their displays and about loitering. One had not. The same four had also complained to the -Police,- Midtown Enforcement, and .the Community Board. On the question of the scope of the area impacted* by an adult use business, four of the respondents believed that the impact. was neighborhood wide, by, which they mean that the image of the entire area is tarred: "It erodes the neighborhood's self-esteem." In terms of the impact of any single adult entertainment location, two believed that such Impact extends across a street -or avenue, and one believed that it extended more than.: five -hundred feet- All. respondents commented, on the appearance of.the, stores; some called them aesthetically unpleasing and. garish,.. obtrusive and tawdry; and disturbing to children:-- Some felt that -the appearance of - adult movie theatres was . somewhat -less disturbing than that of. other adult., businesses, and others complained that the• covered•,-!bianked�out-windows of adult bookstores were. forbidding and repellent These community interviewees :believe that drugs and drug-related ;criminal activities constitute the number one issue for neighborhood residents, prostltdtion- activity a close second, and the presence of pornography establishments was rated 71. as third. - 'me residents was the belief that there had been Another theme for longer ti many signs of renewal and community health in the Times Square area in iecent years, but that the arrival of new adult use businesses, vacant stores, and resultant increases in drug activity were now posing new threats to community stability. These respondents viewed themselves as part.of a working- and middle-class community in Clinton, adjacent to the commercial Times Square, and fighting to preserve the residential character of their home blocks. i 44 Community Boards Four and Five Community Board Five covers the Times Square area and reaches through most of the BID district to the east side of Eighth Avenue. Board Four covers the west side of Eighth Avenue, the Clinton residential and manufacturing communities to the west, as well as the Chelsea community to the south, where there has also been a recent increase in the presence of adult establishments. _ We Intervkewed the District. Manager and- the Co -Chair of- the -Public Safety Committee of Board Four, and -the Assistant District Manager and .Co -Chair of the .Public Safety Committee. of Board Five.; All four told of an increase:in complaints and concern being directed to the Boards overthe past two years.. For Board. Four; many of the complaints. focused on the area along -Sixth Avenue In Chelsea, as .well as .on the area- just south of the BID boundaries, on Eighth Avenue. There were -specific : complaints about- particular establishments, ;including: the: documenting4-of criminal activity along Sixth Avenue, along Eighth Avenue south of•the BID, and at Forty Sixth Street and Eighth Avenue. • •. - -- In terms of effects,__one representative may have summed up the •feeling by saying that. the presence of these businesses. makes "people feel. that . my neighborhood is no longer my own: people who are apolitical begin to organize against, these stores." Another said ."the block is taken away from the .residents, you can't walk down the -street. Other people who use the street -to walk -or shop cross over or avoid these businesses." All these respondents described instances of loitering, late-night drinking,and, in the case of some establishments, documented criminal activity. Yet, because these activists also- had experience with the negative irrtipacts of non -pornographic bars and discos as well, they did state that perhaps every establishment had. to' be judged -on its own -effects-'on a block or- a community. :If any of these users could be good neighbors&& f they couldblend -in with -the community,. then perhaps some 'could be tolerated =But -they also said that the .experience has been•that if there is one establishroent, then others follow, leading to an unacceptable concentration of adult use stores.,, This -Js .what has occurred in Chelsea,:arid this Is the case on Eighth Avenue. When there comes -to be i s critical..mass" and When'the;stor_es _ are poorly run, the area becomes a point of attraction for all sorts of undesirable activities. - These informants expressed their concern about impacts on their residential communities, but they also saw their interests linked to the prosperity of the theatre community in Times Square, for example, and to the continuing growth -of other businesses in Clinton and Chelsea. CR I Schools We were able to interview representatives of two public schools in the area, ! Public School 111, and Park West High School. They decried the proliferation of adult entertainment stores in general, and stated that.they did not want young people to 1 grow up assuming that "the sleazy image" provided by these stores is the norm. "Why throw this at children before they are ready?" They also expressed concerns about prostitution and drug dealing in the area, which, together with the presence of the porn stores, contributes to the negative image of the Times Square and Clinton areas. One representative had recently made specific complaints about a nude bar opposite the back of the school building, and had worked with the Community Board to -.lessen j .the -effects and even, unsuccessfully, to close that bar..-.: - .. .. -v. •.. •. • -.. .. 4..:..•• . •.J.. :♦tom\-•..Y"i _ s..�'? "Social Service; Organizations V&' . �"' =- ,'an` , r..f�SYrw .".^j"}+�rR;.:•�'lii.'.. �;t:.'J'!�.. .�_r,.... .,'� t}!� , ice-.. - : �+. 'fini .. ^.�•�: . :S3" '� {.•.. _ ,_..... Three interviews were held with 1) the executive -director- of an organization providing residential and service needs for older citizens, 2) the executive director of a multi -service settlement house, and 3) the executive director of an AIDS project. A 'fourth, - more informal conversation was held -with the- executive director of. an organization serving the homeless. -. -Two of these respondents observed that the presence of adult entertainment businesses has a negative effect on the area. The settlement house leader said that the families and children she'serves try to avoid Eighth Avenue, and the senior service representative believed that -their ability to attract -viable commercial tenants for their retail rental space wasbeing hurt.: The AIDS organization representative asserted that pornography may be okay for some, but may be -linked to drugs and prostitution because there Is also commercial sex:taking place In and around these- establishments.-, He believesthat there Ise double standard prevailing .3n that-not.errough Is being -done to'combat drug dealing, -prostitution, *and -the spreiadY�ofYAIDS: -;-iEaah--of°these =lnteniiewees'-was concerned iabout the- negative Image- of Square that may be'fostered'�by the presence 'of. the -,porn* businesses, and their ancillaryactivities. - The respondent from the homeless agency described the presence of ad scantily dressed woman dancing on the street and distributing flyers for -a newly -opened business *one block south of the BID boundaries. This new business is on -the -same block as the outreach ministry of a church, and veH close to the two 'residences -for homeless adults run by her organization. She stated that she is working with people who are "trying to get their lives together" and she found the presence of these establishments not helpful. The three executive directors believed that the appearance and exterior displays were "embarrassing", "seamy", and "seemed to be violent". 1 46 As to the issues and problems facing the neighborhood and Times Square, all three mentioned drug dealing and prostitution, and two spoke of the negative effects -of street crime, even if they were only perceived effects. All three said that Times Square is and should be a place of entertainment and tourism, but that there was a difference between this and sleaze. One person also mentioned that the stalled 42nd Street development and the empty buildings had "deadened" the block. She was also concerned about the decline of neighborhood service stores, needed by .seniors and families living in the. area. Religious Organizations i._: - - Al 'p.:.,..:n}Z ...r r Slx church representatives were interviewed, *one *of whom had. been in the area only a few months while the others had been working in the •Times Square area for many years.While these people all decriedthe-coritent of the advertising at -adult use businesses, their image of women, and the negative effects of their. existence; their true complaints were directed at the ancillary activities or effects that they insist were .,the Inevitable result of the businesses' presence... Each of these members of the clergy spoke about the prevalence of prostitution activity. Many knew who..hese .prostitutes were, and were concerned about the violence they had observed, women being beaten and other violent- incidents associated .with the selling of* sex on the street. They all stated that the presence of these stores attracted .people who,- as one - put it, "are involved in some sort of scam". That is, the stores attract hangers-on, street people who engage -in gambling, drug dealing, as well as groups of men looking for sex,- and .women, men,- -and boys selling: sex: =Three -Iof these :interviewees acknowledged that there is also a great deal of prostitution west- of Eighth Avenue where there are .no adult entertainment spots...., Clergy • spoke of . themselves and . their •-parishioners -being accosted by prosdtute's; one described.an attempt by a prostitute to. pick his pocket as he walked his dog -on.Eighth. Avenue. One church leader believed that people come from all over the world -to patronize the pornography establishments In the area, but three others said that they did not believe that tourists came to. Tmes .Square:;for this purpose. Instead,,they.maintained_ that.it was difficult fo`r.tourists to make their -way past the .sleaze of Eighth -Avenue: - .. These church people; like the community residents, spoke of --a feeling that things had been improving in their -community until the most recent Influx of additional adult entertainment businesses. In some respects they, welcomed what they saw as the improved image of Times Square, and praised the work of the BID. But their major issue, above all others, remains the drug problem, and resultant street crime, which they see as the scourge of the entire community. 47 I C SOME ADDITIONAL TESTIMONY During the course of this study, in addition to the interviews that made up the formal survey, we received or had passed along to us from time to time written communications from various individuals who live or work in the Times Square area. Some of these are sampled below: Proprietor, Restaurant: (March 1, 1994) I am a new business owner on West 47th Street between Broadway and Eighth Avenues.:- We *opened our doors at: on October 7, 1994 [si , 199371. _.Aur, restaurant Dccupies.-thespacw of the ,old -' ;< M Delsomma Restaurant. .During these -four-months-we�have seen BID's' work In the neighborhood evident- in the painting of storefront ' gates, removal of bills'posted on abandoned buildings, helpful clean-up crews and ever so accommodating security people. Unfortunately, we have also noticed the opening of four new adult video stores in a two -block stretch between 46th and 48th Streets on Eighth Avenue. While 1* have .never seen any of them with more than two customers inside, the element of underground business they attract is atrocious, namely prostitution, drug dealing and loitering. Since their customers are' few_ they obviously generate their income in some other unobvious manner. While the owners of the adult video stores have a civil right to earn a living, l am opposed to its -impact on the neighborhood and would like to know what I can do to protect the area from similar new business and discourage store owners from operating in the area. Not only does it hurt the area's legitimate businesses but we.must remember there are several high schools in the:area whose. :students -should�not be exposed 1 .to these activities. Thomas K. Duane, Councilmember: _ (Letter to the owner of 320�West 45th Street,, -'now. -occupied by ah adult entertainment business, December 23, 1993) As you may be aware; "Private Eyes" joins the growing list of adult uses Y Y Y 1 (i.e. adult video stores and topless/bottomless dance clubs) in the Clinton neighborhood of Manhattan. Red Zones in other American cities have caused dramatic increases in crime and negatively impacted the local economy. While you may gain short-term economic benefits from renting out your property to an adult use, you also will be creating a negative economic climate for your own property. 48 r You should also be aware that your property is directly across the street from a residentially zoned property filled with families and young children. Moreover, the City Council has been considering legislation which would illegalize adult uses within 500 feet of residentially zoned property. "Private Eyes" would clearly be illegal if such legislation were to pass. - The Block Associations in Clinton have been working long and hard to make their streets safer and drug-free. Renting your property to an adult use such as "Private Eyes" undermines their hard work and significant --achievements.— .1 -... - ,z.._. 1::�t• �,;,.. --_.:. _ .. � �. :..� ..«•Fir aa:-... _ .-.i,v�..J- .=ti. : `-•:--... % •..,•:2 iL*i►:'. h1.�.�•t4��.f.r. ..: u:..' .� L..`.. .. t -am -aware the Community Board' #4 has- offered . to 'assist you in � Identifying a more -appropriate use for -320 West* . ...Street:; l=urge you to -accept the board's offer: I .would be : more than happy to ;provide assistance from my office as well: = H The West 45th Street Block Association: (.Letter -to Community Board 4, March 4,.1994) • - .. .. .. ,.. .- .,, Wit, ,.:,,: � ,:-� ...The "Private Eyes" adult nightclub at 320.W. 45th Si: has. become a continuous. cause of concern and frustration. among block -residents: Although the club may.: be-. in technical compliance -with --various laws, little by little, Private Eyes has created conditions that cheapen the quiet ambiance of this mostly residential block, adversely affect our quality of life and attract elements (both patrons and non -patrons) who continually disturb the peace. �. No -Parking" was established on this block several years ago -to •�tiiscourage loitering around parked cars. By allowing (or encouraging) .patrons- to disregard parking regulations, conditions are created for late night crowds and disturbances. Indeed, we've noticed a distinct increase in Private Eyes patrons hanging out and milling around parked cars — late at night usually between 2 and 4 a.m.. These patrons are often inebriated, rowdy and shouting, blowing car horns and -in -at. least one instance they have even tried to overturn a car. A side effect is that car alarms tend to go off frequently. This late-night congregating in front of the club happens again and again. These people do not live here or have any respect for block residents. And whether by design or happenstance, the club attracts certain non - patrons detrimental to the block. Street prostitution and drug dealing has increased. EK C Almost every night, Private Eyes has employees handing out advertising flyers on the comer of Eighth Avenue and 45th Street. Although we're PI cognizant of first amendment rights (which don't necessarily apply to commercial advertising),these pamphleteers tend to block a very busy I corner, attract drug dealers and cause litter (from their discarded handouts). _. I We must relate that this is a residential block with approximately 2,000 apartments. This _ is. not a problem of morals, but the presence and 1 behavior of Priv_ ate Eyes-directiy and adversely reduces' whatever quality isJeft-on­this.block.'- From various buildings;. we've- heard -'residents complain of-bieing'woken- up in the middle of the night, others .who claim j they're afraid. to go into their own building .blocked. by.dealers;-crack j addicts or other scurrilous characters." ' I Aside from a few storefront businesses, the Martin Beck Theatre is the only Broadway theatre west of 8th- Avenue,- bringing onto our block around 2,000 tourists every night and a portion of the $2.3 Billion revenue of the theatre industry. The conditions created. by Private Eyes may not directly affect that revenue; but surely tourists are in increased 3 danger and may leave our. city with a foul impression. Ross Graham and. Timothy Gay, Chairperson.. and Committee. Chairperson of Community Board #4: • - - (August 16,-1993) Re: 'the building at the northwest comer of 46th St. and 8th Avenue: Community Board No. 4 understands that the property you own at the above location is being renovated to possibly accommodate.aInulti-floor adult entertainment center, or, in other words, a "porn palace." Community Board No. 4 is on record as opposing a concentration of adult entertainment businesses -in -any- specific neighborhood.. -Store fronts along Eighth Avenue` in the 40s: are quickty..being turnedrinto pornographic videoand: literature outlets; and several theaters specialize in adult movies and rive entertainment. The "porno -palace" appears to be the first proposed multi-level facility of its kind in the neighborhood. However, you should know that each of the 300 Blocks from West 43rd to West 59th Street is residential. West 45th, 46th (your corner), 47th and 48th Streets are especially residential with active block associations, r and West. 46th Street, as you know, is Restaurant Row. A number of 50 M 1p legitimate Broadway, off-Broadway, and off-off-Broadway theaters operate within a few blocks, as well as businesses ranging from major law firms (at Worldwide Plaza) to child care centers. Junior High School 17, with more than 700 children, is located a half a block away, on West 47th Street between Sth and 9th Avenues. , In addition, your proposed "porno palace" is within 100 feet of a church. Community Board No.'4-strongly urges you to reconsider the proposed use of your building. Rowan Murphy.: • Assistant Director of Common Ground"Community (CGC); operator of The Times=Square -an'affordable housing program in what.was-formerly the Times Square Hotel at -'25W 43:Stid&: ­16Gtv stimony before Manhattan Borough Presidents hearing, -October, .1 993).. arT^ w'';�4',•_•'r:ai' ...-y7.: ... �.a'♦-= .. y,. _ ..ys •j.�...r^ w� + ' t„ 'T T-+ � .. •1 _ .. .. .r.I r7. :I.:vt.., .}i+f 1-'. %,.v1. '. .-CGC_acquireda•The`'Times Square in`March•'of 1991: 't -,At that time, there was one adult* use -establishment on the south -side of. W. 43rd Street, across from our building. The block, at -that time, had a. growing reputation as a "safe corridor," as the result of intensive* efforts by the Mayor's Office of Midtown Enforcement, Midtown South, and local businesses to increase community policing and security awareness. An September of '92; two additional adult use establishments opened; the 24-hour "Playpen" and. "Malebox" located directly across from our front entrance. For the 364 individuals who live'at,The .Times Square, and our staff, this concentration of uses has meant a steadily deteriorating quality of life on 43rd Street. Before the Malebox and Playpen opened, tenants could enjoy sitting in the lobby or mezzanine during the evening, strolling to the corner for coffee or lingering on the steps for some fresh air.: Now, the street is a gathering. place for prostitutes and others Involved In Illegal activities. Patrons for the adult use establishments harass and intimidate our elderly tenants,* In particular. Patrons use our service entrance as•a-urinal on a regular basis.* Our security staff is hassled when attempting to keep -our entrance clear of loiterers from these establishments. The street is now ugly and intimidating at night, discouraging use of the lobby and mezzanine by our tenants and creating noise problems for tenants living at the front of the building overlooking 43rd Street. The concentration of adult uses on West 43rd Street gives the block a very different appearance and feeling than it had when a single establishment existed there. 51 ... Mhe density of adult uses, the disruptions they create, and the sordid street activity they attract have been major negative factors for those evaluating our building as a place to live. The majority of the applicants who decline acceptance at our building described their main reason for doing so as concern about the safety and quality of life on the block. Public Nuisance and Public Health Problems: The Adonis Theatre In January, 1994, the New York City Department of Health obtained a temporary closing -. order.. - from • the New York State Supreme.- Court,shutting down the Adonis Theatre; located at 693 Eighth Avenue, .. : near 44th Street. This action was brought under the NEW York -.City - :° Administrative. :Code; theState .Sanitarr.Code and tfie:Penat Law, in order to restrain a .public nuisance.at the.premises and xo.-stop4acts of individuals which :were -detrimental. to. health and which -are =considered` to be high risk sexual activity. This action was brought as part of the City's continuing effort to help control the spread of the AIDS virus. High risk sexual activities were observed by inspectors on nine visits to the Adonis Theatre over a four month period , involving at least - 95 individuals. The Court papers stated, "Ali incidents were seen in open areas. The management of the Adonis Theatre must obviously be aware- -or must vigorously shield itself from knowledge—of all this high risk activity that is plainly visible to casual and occasional outside .. inspectors." 52 C APPENDIX � r The Department of City Planning Secondary Effects Study The Department of City Planning is currently undertaking a study of secondary impacts of adult use establishments in six other locations in New York City. The Department compares assessed values but for the years 1986/7 and 1992/3. Comparing our findings for Mr years to lb&ir selected years, we found that the trends remained the same, but In somewhat different proportions: the difference between assessed valuation rates of change for 1986/7 and 1992/3 was less for the Eighth Avenue study block and the Ninth Avenue control block than for the years of 1985/6 and 1993/4, and the difference was greater for the "DCP years" of 1986/7 and ! 1992/3 as compared to our years bf 1985/6 and 1993/4. These differences in . findings may be related to the selection of different years in the real estate "boom and bust" cycle. For both sets of data, the increases in assessed valuations occurred at a higher rate on the "control" blocks" on which there were no adult use establishments, than on the "study" blocks, on which there were adult use concentrations. We are not asserting a simple cause -and -effect relationship here: There are too many variables -- zoning, market trends, public condemnation proceedings' .for the 42nd Street Development Project, personal decisions by owners --that may affect assessed values -- in addition to the presence of adult uses. 53 l r RECEWED FEDUrlA L XA!AY CITY ATTORNEY Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. AL J�) MA ,;Um/z) -,l7LLt� October 23, 1991 1 - - Study E Exhibit 1 #6 - Table of Contents I. Introduction and Executive Summary II. Legal Requirements For Controlling Adult Entertainment Businesses III. Crime in Garden Grove, 1981-1990 Figure 1 17.1 Table 1 18.1 Figure 2 19.1-2 Figure 3 20.1 IV. The Impacted Area and the Public Safety Hazard Table 2 23.1 V. Quasi -Experimental Contrasts VI. Survey of Real Estate Professionals VII. Household Survey VIII. Conclusions Appendices Real Estate Survey Frequencies A.9 Household Survey Frequencies A.13 Real Estate Instrument Household Instrument Proposed Statute 1 7 17 22 25 33 39 47 C I. Introduction and Executive Summary This report summarizes an exhaustive series of statistical analyses conducted over a ten-month period by Richard McCleary, Ph.D., James W. Meeker, J.D., Ph.D., and five research assistants. This document presents the statistical analyses that we feel are the most relevant for the legal requirement of basing zoning restrictions on adult businesses on their negative impact on the community in terms of crime, decreased property value and decreased quality of life. It is constitutionally important that the City of Garden Grove base any restrictions on adult businesses on these so called "secondary effects" and not upon the content or moral offensiveness of such businesses. We are confident that any independent reanalysis will reach similar conclusions. In July, 1990, we were contacted by the City Manager's Office and Police Department for advice on problems related to the operation of adult businesses on Garden Grove Boulevard. After years of experience with these businesses, the Police Department bad come to suspect that their operation constituted a public safety hazard. Partly in response to this situation, the City had adopted a zoning ordinance which restricts the location and density of adult businesses. In order to withstand constitutional scrutiny, the City needs to be able to show that the ordinance was based on the negative secondary effects such businesses have on their surroundings and not on the content of these businesses or their morality. The precise dimensions of the negative impact of these businesses were unknown, however. It was not clear that the superficial spatial relationship between crime P P P Consultants' Final Report - Page 2 and these businesses was statistically significant, for example; and if the relationship was significant, it was not clear what aspect of the operation was responsible for the hazard. The exact extent of other negative 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 justify zoning restrictions on adult businesses, it was decided that we would assist the City in undertaking its own study. This study would consist of an extensive statistical analysis of the City's crime data, a survey of real estate professionals, and a survey of City residents living close to the currently operating adult businesses. The study was designed to focus on the following questions: • Does crime increase in the vicinity of an adult business? If so, is the increase statistically significant and does it constitute a public safety hazard? • Can the public safety hazard be ameliorated by requiring a minimum distance between adult businesses? What is the required minimum distance? • Are there any other practical zoning restrictions that would ameliorate the public safety hazard? Are adult businesses associated with a decrease in property values? • Are adult businesses associated with declining quality of neighborhood? We agreed to conduct the surveys and appropriate statistical analyses under Consultants' Final Report - Page 3 three conditions: First, we could expect to have any public data held by the Police Department or the City Manager's Office; second, we could expect the full co- operation of the Police Department and the City Manager's Office; and third, the City would accept any and all findings regardless of their implications for past, Il present, or future policy. These conditions were accepted in principle and honored in practice. We enjoyed an extraordinary degree of.autonomy and co- operation from both the Police Department and the City Manager's Office. In November, 1990, we began working with the Police Department to define the parameters of the crime data to be analyzed. The complete set of crime reports for 1981-90 were eventually downloaded and read into a statistical analysis system. The reliability of these data was ensured by comparing samples of the data downloaded from the Police Department computers with data archived at the California Bureau of Criminal Statistics And Federal Bureau of 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 distances between crime events. We were eventually able to measure the relevant distances for a subset of 34,079 crimes to within 40 feet of the actual occurrence with 99 percent confidence. In late January through April, 1991, these distances were analyzed in various models and with various methods. The results of these analyses show that: r t Consultants' Final Report - Page 4 ti • Crime rises whenever an adult business opens or expands its operation and the change is statistically significant. The rise is found in the most serious crimes, especially assault, robbery, burglary, and theft. The rise in "victimless" crimes (drug and alcohol use, sex offenses, etc.) is also significant, though less consistent and interpretable. Given the nature and magnitude of the effects, the adult businesses on Garden Grove Boulevard constitute a serious public safety hazard. • Except for expansions, the adult businesses were in operation at their present locations on Garden Grove Boulevard prior to 1981. There has j been so little variation in spatial density since then that the relationship between density and crime cannot be determined. • Architectural devices designed to ameliorate the nuisance of these businesses have no significant impact on crime. 0 When an adult business opens within 1000 feet of a tavern (or vice { versa) 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 administered. In January and February, 1991, a sample of real estate Y professionals was surveyed. Over nine hundred questionnaires were distributed with a response rate of fifteen percent. The results of this survey show that: • Real estate professionals overwhelming agree that close proximity of adult businesses are associated with decreased property values for commercial, single-family residential and multiple -family residential property. • Real estate professionals associate the close proximity of adult business with increased crime and other negative impacts on the quality of the neighborhood. During thz spring and summer, 1991, a random sample of households living near the adult businesses was surveyed. The results of this survey show that: Consultants' Final Report - Page 5 • Residents who live near adult businesses, as well as those who live farther away, associate adult businesses with increased crime and other negative impacts on the quality 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 virtually all segments of the community voice support for all regulatory initiatives, home owners and women are the strongest supporters of regulation. Each of these findings is fully supported by every bit of data available 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 will be more interested in the policy recommendations based on these analyses, however. Based on the four major components of our research, we recommend that: • -Lacking any conclusive evidence on the relationship between spatial densityand crime, there is no reason to change the current 1000 foot minimum spacing requirement between two adult businesses. • Given the serious public safety hazard; no adult business should operate within 1000 feet of a residence. • Where feasible, the Conditional Use Permit process should be used to ameliorate the public safety hazard. For optimal effectiveness, the Police Department must be fully involved in every aspect of this process. • Given the interaction effect, no tavern should be allowed to operate within 1000 feet of an adult business and vice versa. • The evidence clearly supports the current city ordinance in demonstrating the presence of negative secondary effects associated with location and density of adult businesses as required by current federal and state case law. 1 Consultants' Final Report - Page 6 These recommendations are informed by an understanding of the legal foundation of the problem. After developing that foundation in the following section, we present our analyses of crime patterns in Garden Grove and two related opinion surveys. Consultants' Final Report - Page 7 IL Legal Requirements For Controlling Adult Businesses The legal control and regulation of pornography in general and "adult entertainment" businesses specifically 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 explicit books, magazines, pictures, and films.' While President Nixon, who appointed the Commission, was not pleased with the findings, they were consistent with the general liberal view that pornography should be tolerated as a matter of individual choice and taste unless it directly harms others.' The Williams Committee in England supported a similar position in 1979.3 Alternatively, the 1986 Attorney General's Commission on Pornography called for a more aggressive enforcement of obscenity laws and regulation of pornography that it deemed harmful even if not legally obscene." The current Judicial doctrinal standard that governs the difficult balance of constitutionally protected free speech and the direct regulation of pornography, is ' Report of the Commission on Obscenity and Pornography (Bantam Books, 1970. ' See D.A. Downs, The New Politics of Pornography (University of Chicago Press 1989). 3 See W.A. Simpson, Pornography and Politics: -Report of the Home Office (Waterlow Publishers, 1983)_ "Attorney General's Commission on Pornography, Final Report (U.S. Department of Justice, 1986). 1 Consultants' Final Report - Page 8 found in Miller v California 413 U.S. 15 (1973): (a) whether "the average person, applying contemporary community standards' would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, 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 General's Commission concluded that: [after the Miller decision]... the nature and extent 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 sale of pornography has become a Iarge, well -organized and highly profitable industry.' Indeed, there is some empirical evidence to suggest that the number of . prosecutions' and appeals' of obscenity convictions have declined nationwide.' C Recently much of the local control of pornography has been of a more indirect nature given the difficulties of direct regulation and legal constraints involving First Amendment rights. One rather unique approach has been the attempt to regulate pornography as a violation of women's civil rights. This use of ' Final Report supra note 4 at 461. ' The New York Obscenity Project, "An Empirical inquiry in to the Effects of Miller v. California on the Control of Obscenity", New York University Law Review 52:843 (1977). ' R.E. Riggs, "Miller v. California Revisited: An Empirical Note," Brigham Young University Law Review 2:247 (1981). s See generally Downs, supra, note 2 at 20. i Consultants' Final Report - Page 9 anti -discrimination statutes was first tried by Minneapolis' but has failed to catch on in general.10 However, many municipalities have been very successful in regulating where pornographic businesses and adult entertainment businesses can locate through the use of zoning laws. Municipalities have followed two major strategies in regulating the location of adult entertainment businesses. One approach is to concentrate adult businesses in a limited area, often called the Boston or "combat zone" approach. The other approach follows the opposite tactic by dispersing adult entertainment businesses, preventing their concentration, often called the Detroit approach." In Boston, adult entertainment businesses had been unofficially concentrated in a specific area of the city for many years.''- This "combat zone" was officially established as the Adult Entertainment District in 1974. It was felt that by formally restricting such businesses to an area where they were already established would prevent the spreading of these businesses to neighborhoods 3 9 Minneapolis Code of Ordinances (MDO), Title 7, ch. 139.20, sec. 3, subd. (gg), 10 See Downs supra note 2. For a general discussion of these two approaches see Planning Committee of the Los Angeles City Council, Study of the Effects of the Concentration of Adult Entertainment Establishments In the City of Los Angeles, Los Angeles City Planning Department (June, 1977) (Hereinafter LA Study). iz This discussion of Boston and the "combat zone" approach is taken from the LA Study id., at 9-10. Consultants' Final Report - Page 10 where they were deemed inappropriate. In addition, concentration of adult businesses might aid in the policing of such activities and would make it easier for those who wanted to avoid such businesses to do so. There has been some question as to the effectiveness of this regulatory approach, as the LA Study observed: ,i The effectiveness and appropriateness of the Boston approach is a subject 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 office buildings. Due to complaints of serious criminal incidents, law enforcement activities have been increased and a member of liquor licenses in the area have been revoked. Since the "Combat Zone" and most of the surrounding area are part of various redevelopment projects, however, the change in character of the area cannot be attributed solely to the existence of "adult entertainment" businesses." ` The other approach that municipalities have followed is the dispersement model, sometimes called the Detroit model. In 1972 Detroit modified an "Anti - 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 uses" or within 500 feet of a residential area. Regulated uses applied to ten different kinds of business establishments including adult theaters, adult book stores, cabarets, bars, taxi dance halls and hotels. This statutory zoning approach to regulating adult business was legally challenged and subsequently upheld by the Supreme Court as " Id., at 9. Consultants' Final Report - Page 11 constitutional in Young v American Mini Theatres, Inc." This model has been adopted by numerous cities including Los Angeles and twelve other Southern California cities for controlling adult businesses.`s While the dispersal model has been found constitutionally valid, several subsequent court decisions have limited the way in which municipalities can adopt " 427 U.S. 50 (1976) (Hereinafter Mini Theatres). This decision is often cited as the legal basis for a dispersal approach, however the opinion appears to support the constitutionality of both the dispersal and concentration models: It is not our function to appraise the wisdom of its [Detroit's] 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 Constitutionality of the concentration model in Renton, "Cities may regulate adult theaters by dispersing them, as in Detroit, or by effectively concentrating them, as in Renton."(infra note 16 at 52). 15 The best single source for information on this topic is the Los Angeles City Council Planning Committee. According to the LA Study: ILocally, the cities of Bellflower and Norwalk have enacted ordinances requiring adult bookstores and theaters to obtain a conditional use permit As a part of their study the City of Bellflower surveyed over 90 cities in Southern California to determine how other cities were controlling adult bookstores. Of the cities which responded to the Bellflower survey, 12 require a conditional use permit for new bookstores. The conditions for obtaining such a permit generally include dispersal and distance requirements based upon the Detroit model. Bellflower also includes. (LA Study supra note at 12). The LA Study also presents a table listing 9 cities nationally that have taken a dispersal zoning approach (Id., Table 11). b Consultants' Final Report - page 12 such zoning laws. - In Renton v Playtime Theatres, Ina ` the Supreme Court held 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 a substantial governmental interest and not unreasonably limit alternative avenues of communications. In making this determination the court must look to the municipality'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 is aimed at the "secondary effects" 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 statute eliminates the possibility of any adult businesses within the jurisdiction of the municipality. It is the first factor this report is primarily concerned with." In the Mini Theatres case the Detroit Common Council made a finding that adult businesses are especially injurious to a 16 475 U.S. 41 (1986)(Hereinafter Renton). " Even if an ordinance were enacted for the proper reasons the court still must determine whether the ordinance would effectively prevent any operation of an adult business within the municipality's jurisdiction, see Walnut Properties, Inc v. City of Whittier 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' Final Report - Page 13 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 crime, especially prostitution, and encourages residents and businesses to move elsewhere.18 The courts have not been very explicit in terms of the exact type and nature of the evidence of "secondary effects" that is required to uphold zoning ordinances regulating the location of adult businesses. On the one hand, failure to introduce any evidence linking secondary effects with the way the ordinance is enforced, is insufficient.19 On the other hand, a complete independent analysis of secondary effects in each jurisdiction that enacts such laws is not necessary. In Renton20 the Supreme Court upheld an ordinance without benefit of an independent analysis. 18 Mini Theatres supra note 18 at 55. 19 "Here, the County has presented no evidence that a single showing of an adult movie would have any harmful secondary effects on the community. The County has thus failed to show that the ordinance, as interpreted by the County to include any theater that shows an adult movie a single time, is sufficiently "'narrowly tailored' to affect only that category of theatres shown to produce the unwanted secondary effects." Renton 106 S.Ct. at 931. Nor do we see how the County could make such a showing, since it is difficult to imagine that only a single showing ever, or only one in a year, would have any meaningful secondary effects." Tollis, Inc. v. San Bernardino County 827 F.2d 1329,1333 (9th_ Cir. 1987). 20 City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d- 2a(1986). Consultants' Final Report - Page 14 In this case the City of Renton relied heavily upon the study of secondary effects done in Seattle to justify its ordinance. The Court held: We hold that Renton was 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 Cinema, Inc. v Seattle, 90 Wash., 2d 709, 585 P. 2d 1153 (1978)] opinion, in enacting its 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 city relies upon is reasonably believed to be relevant to problem that the city addresses."21 The Los Angeles City Planning Department conducted a study of secondary effects in 1977,21 to support a spacing ordinance similar to the Detroit dispersal r model. Since Garden Grove's ordinance follows the same model it may have f 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 of its size, population structure, real estate market, and other municipal characteristics, Los Angeles is not a good comparison city for Garden Grove. Like the LA Study' this analysis relies on a multimethodological approach to analyze secondary effects associated with the location of adult businesses. Both an analysis of crime rates and surveys were conducted to analyze secondary effects zi Renton, id., 475 U.S. 41 at 51-52. 22See LA Study supra , note i I 23 Supra note 11. Consultants' Final Report - Page 15 associated with such businesses. Unlike the LA Study this analysis is more sophisticated in several respects. The LA Study examined the secondary effect of crime rates and their association with adult business by comparing the crime rates of Hollywood area (which bad a large concentration of adult businesses during the period studied, November 1975 and December 1976) to the rest of the city.24 This analysis did show there was an increase in both Part P and Part II'b crimes associated with the Hollywood area and its higher concentration of adult businesses in comparison 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 similar to Hollywood, either in municipal character, or concentration and type of adult businesses.27 More " The analysis presented in the LA Study was taken from a report prepared by the Los Angeles City Police Department, The Impact of Sex Oriented Businesses on the Police Problems in the City of Los Angeles. u Part I crimes include homicide, rape aggravated assault, robbery, burglary, larceny, and vehicle theft_ z6 Part II crimes include other assaults, forgery and counterfeiting, embezzlement and fraud, stolen property, prostitution, narcotics, liquor law violations, gambling, and other miscellaneous misdemeanors. Z' Hollywood in 1969 had 1 hard-core motel, 2 bookstores, 7 theaters, and 1 massage parlor/scam joint; in 1975 had 3 hard-core motels, 18 bookstores, 29 theatres, and 38 massage parlor/scam joints.(see LA Study, Table VI, p. 54). Garden Grove on the other hand only has seven bookstores and adult video stores. s Consultants' Final Report - Page 16 importantly, Garden Grove seeks to control adult businesses in terms of their location to schools, churches, and residences (200 feet) and in relation to each other (1000 feet).' To substantiate the relation between these distances and the secondary effects needed to justify the regulation, the analysis should demonstrate an association between the secondary effects 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 effects and the regulation designed to control them. While areas of a city that have higher concentrations of adult businesses may have higher crime rates than other areas, this gives little support for regulation of specific distances between adult business and other land uses. The LA Study also presents the analyses of two questionnaires, one to businessmen and residential property owners, and one to realtors, real estate } appraisers and lenders, to determine the effects of adult businesses. While the questionnaires do ask the respondents about possible negative effects, there was no distinction between the negative effects when the distances from adult businesses varied, nor when there were two or more such business Iocated near each other. Both of these issues are important aspects of the Garden Grove ordinance. is See Appendix for the Garden Grove ordinance. + Consultants' Final Report - Page 17 III. Crime in Gamlen Grove, 1981-1990 During the decade of our study, 1981-1990, the Garden Grove Police Department recorded 108,196 UCR Part I crimes (112 homicides, 548 rapes, 3,835 robberies, 16,677 assaults, 24,498 burglaries, 51,393 thefts, and 11,133 auto thefts) and 17,274 UCR Part II crimes (2,828 sexual offenses, 5,353 drug offenses, 5,651 alcohol offenses, 972 weapons offenses, and 2,460 disorderly conduct. Figure 1 lends perspective to these numbers. Part I crimes, which are ordinarily thought to be the "most serious" crimes, make up more than 85 percent of the total. Part 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 with a citizen complaint, Part II crimes may result from proactive policing. For this reason, Part II crimes have turned out to be less interesting to this study. Although we find a strong relationship between the distribution of Part II crimes (especially Part II sex offenses) and the locations of adult businesses, we cannot draw a valid causal relationship from this finding. Part I crimes are quite another matter. As shown in Figure 1, Part I crimes can be divided further into Personal and Property categories. Personal crimes (or crimes against the person) account for approximately twenty percent of the Part I total. Seventy-eight percent of Personal crimes are assaults; 18 percent are robberies, three percent are rapes, 1 1 Consultants' Final Report - Page 17.1 Figure 1 - Distribution of Crimes in Garden Grove, 1981-1990 Pert 1 Prot 87584 Total Crime Pert I Personal Part II 17274 Part I Personal Aasau! 18871 Rape 546 �bbery 31335 H oMioitle 112 :rugs 5353 Part II Alco npl � t Weapons 972 orderly 2460 1 Part I Property Part II Sex 2838 Burglary 24498 Theft 51933 rtutoTheft 11133 I l Consultants' Final Report - Page 18 and slightly less than one percent are homicides. Property crimes (or crimes against property) account for approximately eighty percent of the Part I total. Of these, 60 percent are thefts, 28 percent are burglaries, and 12 percent are auto thefts. Although it is tempting to think of Property crimes as less serious than Personal crimes, we caution the reader to remember that every crime has a deadly potential. Every armed robbery is a potential homicide. Every theft, burglary, or auto theft could quickly turn into a deadly confrontation. While subsequent analyses may distinguish among the seven crimes then, we do this for didactic purposes only. In our opinion, in practice, any Part I crime poses a serious threat to public safety. With this caveat, we note that the mix of crimes in Garden Grove is not significantly different than the mix found in,other California cities during the same period. This is also true of population -adjusted crime rates. Relative to other California cities, Garden Grove has neither a "high" or "low" crime rate.29 To illustrate this point, Table 1 lists the 1985 Part I crime rates for twenty-four representative cities. Garden Grove ranks slightly above the median on homicide and auto theft, and slightly below the median on rape, robbery, assault, burglary, 29 The Garden Grove Police Department is organized into community "teams," however, and it is generally believed that this organizational structure encourages police -citizen interaction, including reporting of crimes. Other things being equal, t Garden Grove is expected to have a higher crime rate than a city whose police ` department is structured along more traditional lines. I Consultants' Final Report - Page 18.1 Table 1 - Crimes per 100,000 Population for California Cities, 1985 Homicide Rape Assault Robbery Burglary Theft Auto Theft Anaheim 7.3 48.8 273.8 199.6 2351. 4348. 777. Bakersfield 6.6 65.3 567.2 489.5 3651. 6649. 796. Berkeley 10.6 41.6 638.7 435.5 2836. 7971. 841. Concord 2.9 27.9 102.2 2583 1376. 4076. 430. Fremont 2.3 25.8 65.2 372.1 1354. 2969. 265. Fresno 21.2 81.8 566.9 392.7 3632. 7745. 812. Fullerton 4.9 32.3 168.2 201.5 1503. 4071. 503. Garden Grove 10.5 38.1 325.2 293.6 2159. 4040. 693. Glendale 2.9 12.2 189.1 140.2 1378. 2940. 663. Hayward 6.4 38.5 267.1 405.0 1809. 4926. 503. Huntington Beach 2.4 22.3 100.9 147.8 1378. 2883. 450. Inglewood 28.7 112.6 1236.2 630.8 2417. 2586. 1660. Modesto 4.7 52.4 1,87.0 276.7 1979. 6149. 505. Ontario 9.0 76.6 327.6 713.8 2821. 4088. 699. Orange 5.5 25.2 219.8 247.1 1712. 3540. 602. Oxnard 6.5 61.9 294.8 300.4 2008. 3984. 527. Pasadena 24.6 49.1 ' 596.3 590.3 2262. 5110. 921. Pomona 25.9 92.7 907.9 1035.1 3155. 4337. 911. Riverside 8.2 57.4 340.0 690.5 2628. 4849. 570. San Bernadino 14.3 87.6 876.3 914.2 3783. 5295. 1127. Santa Ana 16.2 28.9 424.0 294.6 2498. 6612. 1134. Stockton 18.2 61.4 475.4 497.7 3347. 7937. 739. Sunnyvale 4.7 272 77.9 100.4 759. 2544. 245. Torrance 3.1 28.5 254.9 202.5 1150. 3024. 865. Source: Uniform Crime Reports, 1985 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 city. Crime rates also vary widely over time. To illustrate again, Figure 2 shows annual Part I and Part II crime totals for Garden Grove over the decade of this study, 1981-1990.30 In some cases, auto theft and assault, for example, crime appears to trend steadily upward. In other cases, particularly burglary, crime appears to trend steadily downward. In all cases, however, the trend is only apparent- In every constant spatial area that we have examined for this report, we found ten-year trends to lie well within the bounds of stochastic error. In other words, we found no statistically significant trends. For reasons too numerous, complicated, and obscure to be discussed here, time series of crime totals drift stochastically from year to year and it is the mathematical nature of a drifting process to appear to rise or fall systematically over time. Although this phenomenon has been widely reported by statisticians since the early 19th century, it is not well 30 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. Consultants' Final Report - Page 19.1 Figure 2 - Annual Crime Trends in Garden Grove, 1981-1990 y� s L L� • •l • =k Y s s 9 (a v a 0 Q y 4 Consultants' Final Report - Page 19.2 Figure 2 - Annual Crime Trends in Garden Grove, 1981-1990 E O O 0 i I O (D ft ... 0 0 CD �•L.J cb �1 cb Z3 ch Consultants' Final Report - Page 20 understood by popular media or the public. Nevertheless, each of the seven Part I crime trends is consistent with a "random" process and, hence, each is amenable to a statistical analysis. The five Part II crime trends, in contrast, are not at all consistent with a "random" process. To illustrate, note that total sex offenses increase (from 320 to 480) by fifty percent from 1987 to 1988 and then decrease (from 480 to 232) by fifty percent from 1988 to 1989. Annual changes of this magnitude lie well 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 Department. Lacking complete information on Part II enforcement activities during the 1981-1990 decade, we cannot attribute changes in Part II f crime rates to the operation of adult businesses. Although we report effects for j Part II crimes in subsequent analyses, the only internally valid effects are for Part I crimes. . Figure 3 shows another type of trend. Examining the day of the week of the seven Part I crimes, a distinct pattern emerges. We see here that the occurrence of Personal crimes peaks on weekends. Conversely, Property crimes peak during midweek and are least likely to occur on weekends. The basis for this pattern is well established in theory: crimes occur when the opportunity is made I available to a person who is inclined to commit criminal actions. Opportunity is defined differently for Personal and Property crimes, however. Personal crimes (especially anonymous robbery and assault committed against strangers) are best I Consultants' Final Report - Page 20.1 Figure 3 - Crimes Weekday in Garden Grove, 1981-1990 J i N A Cf C1 O N O O O O O O O O O O O O O O O O O O O CO 0 w n '-t 3� CD Consultants' Final Report - Page 21 conducted under cover of darkness, on an intoxicated victim, in a relatively deserted public location. These conditions presumably occur on weekend nights 1 outside bars or adult businesses. In daylight, the desired anonymity is unobtainable and the vulnerable, prospective victims are not on the street. Thus, Personal crimes are committed most often on weekend nights. The opposite pattern holds for Property crimes. These crimes, notably theft and burglary, are most often committed when the offender is least likely to encounter any witnesses. In theory, the best time to break into a residence undetected is during the weekday daytime hours when most occupants are away from home. For our purposes, however, the weekday patterns found in these data, as shown in Figure 3, are a simple confirmation of the reliability of our data. More important, perhaps, Sinding the same patterns in all four Personal crimes and all three Property crimes justifies collapsing Part I crimes into two broad categories: Hereafter, except where an effect or pattern varies across the Part I crimes, effects and patterns will be reported for Personal, Property, and Part II crime categories. Consultants' Final Report - Page 22 IV. The Impacted Area and the Public Safety Hazard At present, seven adult-oriented businesses operate on Garden Grove Boulevard. The Party House, located at 8751 Garden Grove Boulevard, was in operation on December 16, 1980, when the City of Garden Grove annexed this area. Two other adult businesses, the Bijou and the Video Preview Rental Center, located at 8745 and 8743 Garden Grove Boulevard in the same building as the Party House, opened in March, 1986 and August, 1988 respectively. Given the proximity 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 8743 Garden Grove Boulevard in March, 1986 and August, 1988. The Adult, located at 8502 Garden Grove Boulevard, and the A to Z, located at 8192 Garden Grove Boulevard, are far enough away from the 8700 block to allow for an assessment of individual impact. But since these businesses opened in February and May, 1980, at the very beginning of our crime data, there is no simple causal benchmark for attributing crime around these businesses to their operation. The. pattern of crime around these businesses is nevertheless consistent with that hypothesis. At the other end of Garden Grove Boulevard, the Hip Pocket (12686) and the Garden of Eden (12061-5), which opened in 1971 Consultants' Final Report - Page 23 and 1977 respectively, pose the same problem. In March, 1983, however, the Garden of Eden expanded its operation from one suite to three. As in the case of the Party House-Bijou-Ycdeo Preview Rental Center complex on the other end of Garden Grove Boulevard, we find a significant rise in crime coincident with this expansion. The analyses supporting these findings will be presented shortly. In our opinion, these seven adult businesses constitute a serious and significant public safety hazard. One aspect of this hazard is apparent in Table 2. During the 1981-90 decade, 610 Garden Grove Boulevard addresses had one or more crimes.31 The seven adult business addresses accounted for 239 Personal, 694 Property, and 538 Part II crimes, however, so these seven addresses accounted for 10.5 percent of the Part I and 25.5 percent of the Part H crime on Garden Grove Boulevard during the last decade. Since this disparity could occur by chance alone less than one time in one hundred, the implied difference between these seven addresses and the 603 other Garden Grove Boulevard addresses with one or more crimes is statistically significant. The second column of numbers in Table 2 are ranks. These numbers tell the same story but from a different perspective. As shown, three of the top ten Part I crime "hot spots" are found at the adult business addresses. Five of the top ten Part II crime "hot spots" are found at the adult 31 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 crime. ( \ l Consultants' Final Report - Page 23.1 Table 2 - Reported Crimes for Adult Businesses Garden Grove Boulevard Only, 1981-1990 Address 8192 Garden Grove 8502 Garden Grove 8743 Garden Grove 8745 Garden Grove 8751 Garden Grove 12061 Garden Grove 12686 Garden Grove Bookstores/Peepshows Personal Property Part I Part II N Rank N Rank N Rank N Rank 16 19 190 5 206 5 160 1 25 9 93 13 118 11 52 7 0 40 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 Part I Part II N Rank N Rank N Rank N Rank 8112 Garden Grove 41 1 94 12 135 8 22 17 8284 Garden Grove 15 23 35 50 50 40 4 69 8575 Garden Grove 28 7 84 16 112 13 35 11 8801 Garden Grove 10 46 38 47 48 41 14 31 8803 Garden Grove 21 13 56 28 77 23 20 20 12045 Garden Grove 26 8 59 25 85 20 19 23 12082 Garden Grove 33 4 87 15 120 9 43 9 12761 Garden Grove 11 40 24 78 35 61 4 81 12889 Garden Grove 34 3 78 18 112 13 19 23 i C Consultants' Final Report - Page 24 i business addresses, but this may be expected. Of course, one can argue that the relationship is noncausal or spurious; that these businesses simply moved into a neighborhood that happened to already have a high crime rate. We test and reject this hypothesis in the next section. For now, we draw attention to the Bar/Tavern addresses in Table 2. If the alternative hypothesis is that the Garden Grove Boulevard neighborhoods had high crime rates before the seven adult businesses moved in, we would expect to these addresses to have high crime rates as well (more so given that alcohol is served at these addresses). On the contrary, however, we find that these addresses have generally lower crime rates than the adult business addresses. Whereas three of seven adult business addresses are in the top ten Part I crime "hot spots," only two of nine bar/tavern addresses make the top -ten list In this sense, the seven adult business addresses on Garden Grove Boulevard constitute serious, significant public safety hazards. Consultants' Final Report - Page 25 V. Quasi -Experimental 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 Boulevard. Simple counts do not satisfy the criterion of scientific 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 change in the crime rate near the business. if the before -after change proves statistically significant, 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 state in scientifically valid terms that an adult business poses a public safety hazard. The fact that the adult businesses on Garden Grove Boulevard have operated continually for the past decade has had an impact on our ability to conduct proper before/after analyses. Ideally, crime should be contrasted in a location before and after an adult business opens. Although this is not literally possible, given the constraints of time and data, there were three major expansions of adult businesses at two existing locations and analyses of these changes confirm the picture of these businesses painted by Table 2. The quasi -experimental contrasts derived from these analyses are outlined in greater detail here. 1) In March, 1982, the Garden of Eden expanded from a single suite at 12061 Garden Grove Boulevard into the adjoining suites at 12063 and 12065 Consultants' Final Report - Page 26 Garden Grove Boulevard. The before/after and test/control contrasts for this change are: Test Site Personal Crimes Property Crimes Part II Crimes Control Site Personal Crimes Property Crimes Part II Crimes One Year Before 200' 500' 1000' 1 14 28 43 10 46 84 140 21 11 16 48 200' 500' 1000' 0 11 22 33 13 52 76 141 15 23 27 65 One Year After 200' 500' 1000' 15 16 28 59 17 58 167 242 16 12 17 45 200' 500' 1000' 1 9 28 39 12 56 87 155 11 22 29 62 Over the next year, Personal crimes within a 200 -foot radius rose significantly compared to the preceding year.32 Also compared to the preceding year, Property crimes within a 1000 foot radius rose significantly. The effect of the expansion on Part II crimes was mixed and largely insignificant. To control for the possibility that these effects were due to unrelated extraneous variables, a "control" site was developed from the mean crime counts of the other six adult businesses. While crime rose in the vicinity of the Garden of Eden, however, crime remained static at the "control" site. Accordingly, we attribute the increases -in Personal and Property crimes to the expansion of the adult business. 'Z Hereafter, unless stated otherwise, a significant effect will imply a probability of .01 or less. Consultants' Final Report - Page 27 2) In March, 1986, the Bijou opened at its present location, 8745 Garden Grove Boulevard. Since the Party House 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 contrasts for this change are: One Year Before One Year After Test Site 200' 500' 1000' 200' 500' 1000' Personal Crimes 2 7 21 30 6 11 30 47 Property Crimes 3 19 94 116 11 40 113 164 Part II Crimes 13 14 43 70 8 13 42 63 Control Site 200' 500' 1000' 200' 500' 1000' Personal Crimes 2 10 30 42 1 11 31 43 Property Crimes 19 49 76 144 20 60 67 147 Part II Crimes 24 13 25 X62 19 16 34 69 Over the. next year, both Personal and Property crimes rose significantly within a 500 -foot radius. The effect on Part II crimes was mixed and largely insignificant. i r Since no similar effect was observed at a "control" site developed from the mean crime counts of four other adult businesses, the increases are attributed to the opening of the Bijou. 3) In August, 1988, the Video Preview Rental Center opened at 8743 Garden Grove Boulevard. Since the Party House and Bijou were already in operation, this opening too is treated as an expansion. The before/after and test/control contrasts Consultants' Final Report - Page 30 amelioration strategies.33 Nevertheless, we recommend that the City use its legitimate zoning authority to ensure that any new adult business will 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 proximity to a bar or tavern. This is based on two contrasts. 5) In April, 1985, a bar opened at 8112 Garden Grove Boulevard, approximately 425 feet from the A to Z. The before/after and test/control contrasts for this change are: Test Site Personal Crimes Property_ Crimes Part 11 Crimes Control Site One Year Before 200' 500' 1000' 200' 500' 1000' One Year After 200' 500' 1000' 2 8 35 ` 0 1 12 13 9 29 56 94 4 2 7 13 200' 500' 1000' One Year After 200' 500' 1000' 2 8 35 45 7 41 62 110 2 9 11 22 200' 500' 1000' Personal Crimes 0 1 14 15 0 2 14 16 Property Crimes 4 12 45 61 2 19 51 72 Pan H Crimen 4 8 7 19 5 9 12 26 In the subsequent year, Personal crime within 1000 feet rose significantly. " A similar architectural device was installed at the A to Z (8192 Garden Grove Boulevard) in May, 1990. We have insufficient data to measure the effect of this intervention, however. Consultants' Final Report - Page 31 Although Property crime also rose, the increase was not significant. No significant change was observed at a "control" site, so the increase in Personal crime was attributed to proximity 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 interaction between the bar and the adult business. 6) In May, 1989, a bar closed at 12889 Garden Grove Boulevard, approximately 1075 feet from the Hip Pocket. The before/after and test/control contrasts for this change are: In the subsequent year, no significant change was 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. One Year Before One Year After Test Site 200' 500' 1000' 200' 500' 1000' Personal Crimes 2 9 13 '24 2 13 9 26 Property Crimes 4 15 29 48 5 19 39 63 Part H Crimes 13 22 8 43 80 26 5 111 Control Site 200' 500' 1000' 200' 500' 1000' Personal Crimes 0 2 12 14 1 1 14 16 Property Crimes 5 11 39 55 3 13 44 60 Part H Crimes 7 8 7 22 7 8 13 28 In the subsequent year, no significant change was 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 Report - Page 32 Information from the Police Department suggests, however, that the increase in i Part II crimes was 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. While we strongly recommend' that no new adult business be located within 1000 feet of a bar (and vice versa), there is no evidence of interaction at distances exceeding 1000 feet. 4 Consultants' Final Report - Page 33 VI. Survey of Real Estate Professionals Following the research model of the LA Study, an analysis of real estate 4 I professionals was conducted to determine the prevailing professional opinion of ,j l the secondary effects produced by presence of adult businesses.34 The questionnaire instrument developed for this task distinguished between the effects on single-family residential property, multiple -family residential property and commercial property values. In addition, it asked for information on the effects of adult businesses within 200 feet, within 200-500 feet and the effects of two or more adult businesses within these distances. Not only were the effects on property values determined but also, effects on other issues that litigation in this area has found important such as crime, traffic, noise, safety of women and children, quality of life, rents, loitering, and the ability to attract other businesses and customers were identified. In January and February, 1991, copies of the instrument were sent to the membership list of the West Orange County Association of Realtors. Of the total 954 surveys sent out, 30 were returned with incorrect addresses_ The remaining sample of 924 resulted in a return of 141 completed questionnaires. Of these 141, 34 See the Appendix for a copy of the questionnaire instniment and a complete tabulation of responses. r i Consultants' Final Report - Page 34 19 where eliminated because of response bias.35 The final analysis is based on 122 valid responses.' The overall sample was very experienced in real estate, with 12.6 of years experience on average. This group of real estate professionals was very knowledgeable about Garden Grove real estate, with a mean experience in Garden Grove real estate of 10.1 years. The overwhelming majority of respondents (94.3%) 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 C impact on property values by adult businesses. When adult businesses are located l within 200 feet of a residential or commercial property the overwhelming opinion is that property values will be substantially decreased: " Throughout the questionnaire, various questions were worded in either a negative or positive fashion. This is done to eliminate respondents that merely circle one response, such as strongly agree, to all questions. The assumption is that a respondent who is answering the questionnaire in a responsible fashion would not strongly agree with both a negative assessment of adult businesses and a positive assessment of adult businesses. 3' This gives a response rate of 222/924 or 13.2%. This is somewhat Iower than the response rate for the LA Study of 81/400 or 20% (p. 38). However, that report makes no mention of correction for response bias. If the 19 returned questionnaires 1 that were eliminated for response bias had been included in the analysis, the response ( i rate would have been 141/924 or 15.3%. Consultants' Final Report - Page 35 When adult businesses are located more than 200 feet but less than 500 feet of a residential or commercial property, the effect diminishes only slightly: Decrease No Effect Increase 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 less than 500 feet of a residential or commercial property, the effect diminishes only slightly: The difference between 200 and 500 feet is insignificant. Otherwise, the strongest impact occurs for single-family residences with a smaller (though still extremely . large and significant) impact on commercial property. ";-he density of adult businesses is also considered to have a negative impact on property values. When two adult businesses are located within 1000 feet of each other and within 200 to 500 feet of a property, values are expected to diminish significantly: Decrease No Effect Increase Single-family 95.1% 4.9% 0.0% Multiple -family 92.5% 6.7% 0.8% Commercial 77.5% 20.0% 2.5% The difference between 200 and 500 feet is insignificant. Otherwise, the strongest impact occurs for single-family residences with a smaller (though still extremely . large and significant) impact on commercial property. ";-he density of adult businesses is also considered to have a negative impact on property values. When two adult businesses are located within 1000 feet of each other and within 200 to 500 feet of a property, values are expected to diminish significantly: Density impacts are judged to be slightly smaller than the impacts of location per Decrease No Effect Increase Single-family 89.3% 9.8% 0.8% Multiple -family 86.8% 12.3% 0.8% Commercial 71.9% 27.3% 0.8% Density impacts are judged to be slightly smaller than the impacts of location per Consultants' Final Report - Page 36 se. The density impacts on property value are large and significant nevertheless and support a density regulation. For location and density alike, the overall pattern is clear. The vast majority of real estate professionals associate location of an adult business with 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 property values. A second set of items elicited opinions on the impact of adult businesses on residential neighborhood qualities. A majority 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, quality of life, and rents. Specific responsgs were: Increase No Effect Decrease Crime 93.1% 6.0% 0.9% Traffic 97.4% 1.7% 0.9% Litter 86.2% 12.1% 1.8% Noise 72.4% 24.1% 3.6% Safety 27.4% 10.6% 61.9% Quality of Life 18.4% 6.1% 75.4% Rents 8.0% 10.6% 81.4% Loitering 85.5% 5.1% 9.4% When asked about problems in relation to commercial properties, the vast majority of respondents blamed adult businesses for the same problems cited for residential 7. Consultants' Final Report - Page 37 1 properties and, also, for decreases in quality of business environment, commercial rents, ability to attract new businesses, and ability of non -adult businesses to attract customers. Specifically: Increase No Effect Decrease Crime 88.7% 9.6% 1.7% Traffic 76.7% 20.7% 2.6% Litter 83.5% 15.7% 0.9% Noise 67.0% 29.5% 3.6% Safety 23.2% 12.5% 64.2% Business Environment 11.5% 63% 81.2% Commercial Rents 8.4% 15.9% 75.7% Loitering 77.0% 8.0% 15.0% Attract Businesses 7.9% 3.5% 88.5% Attract Customers 8.8% 7.0% 84.3% This general response pattern is essentially duplicated when respondents are asked about the impactg of locating two or more adult businesses within 1000 feet of each other and within 200 feet of a residential or commercial area. These findings are consistent with other studies addressing the negative impact associated with the location of adult businesses.37 Closer analysis of response patterns reveals that respondents who felt adult businesses produce a decrease in property values also are likely to respond that these businesses have a negative effect on a -neighborhood_ One of the strangest associations was between decreased property values and increased crime. This is consistent with our analysis 37 See for example the L4 Report. P P 1 Consultants' Final Report - Page 38 of the crime data. The data from this survey clearly indicates that real estate professionals feel that adult businesses are associated with decreased property values and decreased quality of neighborhood for both residential and commercial areas. 09 i Consultants' Final Report - Page 39 VII. Household Survey Results The 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. After field- testing an early version of the instrument on a random sample of Santa Ana telephone households in March and April, 1991, a refined final version of the instrument was then administered to a stratified "random" sample of Garden Grove telephone households in the summer of 1991.38 To ensure that the sample included households in the proximity of problem areas, the total sample of N=250 included 200 addresses located within 1500 feet of an adult business. We cannot therefore generalize our results to the larger population without applying a set of sample weights. As it turns out, however, the survey results are so nearly unanimous that there is no need for complicated statistics. Interviews were conducted by Garden Grove Police Department cadets, the Consultants, and their research assistants. Standard survey research conventions were observed and independent audits were used to maintain the reliability and validity of responses. By Labor Day, 1991, each of the 250 households in the 38 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 interview or a refusal) or ruled out of the sample.39 The final breakdown of the sample by interview status is: Completed 118 47.2% 80.3% Refused 29 11.6% 19.7% Language 20 8.0% No Answer 42 16.8% Invalid 41 16.4% Total 250 100.0% 100.0% Non-English speaking households could not be interviewed and this is unfortunate Nevertheless, the number of completed interviews (118) and the completion rate (80.3%) of this survey (80.3%) exceed the numbers realized in household surveys I conducted in other cities. Accordingly, we believe that our results present the most accurate available picture of attitudes toward adult businesses. General 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 daily life. While perceptions of the nature of this problem vary somewhat, virtually everyone polled associates these businesses with one or more negative �l "Phone number were ruled out for any of three reasons: (1) the number was not located in Garden Grove; (2) the number was a business; or (3) no one at the C ' number spoke English. i Consultants, Final Report - Page 41 aspects of urban life. Exceptions to this rule are rare and the intensity of the feeling is greatest in neighborhood nearer Garden Grove Boulevard. Each interview began by asking the respondent to estimate the distance from his or her house to the nearest adult business. The breakdown of responses 1 in the sample of completed interviews was: 200 Feet/1 BIock 12 9.8% 6.9% 500 Feet/2 Blocks 17 14.4% 4.9% 1000 Feet/3+ Blocks 54 45.8% 65.1% Don't Know 35 29.7% The accuracy of these subjective estimates was checked by asking the respondent to name (or at least, to describe) the adult business nearest their home. In a subset of cases, we were also able to measure the distance objectively. From these , data, it is clear that people are quite aware of how near or far away they live from these businesses. We next asked respondents to assess the impact that an adult entertainment business located in their neighborhood would have on series of "social problems." Specifically: I am going to ask a series of questions concerning what the impact of an adult entertainment business has, or would have, if it were located within 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 42 Responses to this series of questions reveal a consistent perception of the impact of adult businesses on the part of citizens. Broken down into three categories: Respondents were asked if they knew of any specific incidents related to adult entertainment businesses in their neighborlioods. Twenty-five respondents (21.4%) answered affirmatively, citing specific examples of the 11 general problem areas covered in the survey instrument. Not surprisingly, most of these respondents lived relatively near an adult business. Finally, to measure the depth of public sentiment, respondents were asked whether they would move if an adult entertainment business were to move into their neighborhood_ Seventy-one respondents (61.2%) indicated that they would ("definitely" or "probably") move. Of the minority (38.8%) who indicated that they would ("definitely" or "probably") not move, nearly half qualified their answers by Increase No Effect Decrease Crime 72.9% 27.1% 0.0% Traffic 60.7% 38.5% 0.9% Litter 66.7% 32.5% 0.9% Noise 62.1% 36.2% 1.8% Safety 31.9% 20.7% 47.5% Quality of Life 16.3% 23.9% 59.8% Property Values 14.5% 15.4% 70.1% Rents 15.7% 38.9% 45.3% Loitering 74.3% 22.2% 3.5% Graffiti 56.6% 41.7% 1.7% Vandalism 65.5% 32.8% 1.7% Respondents were asked if they knew of any specific incidents related to adult entertainment businesses in their neighborlioods. Twenty-five respondents (21.4%) answered affirmatively, citing specific examples of the 11 general problem areas covered in the survey instrument. Not surprisingly, most of these respondents lived relatively near an adult business. Finally, to measure the depth of public sentiment, respondents were asked whether they would move if an adult entertainment business were to move into their neighborhood_ Seventy-one respondents (61.2%) indicated that they would ("definitely" or "probably") move. Of the minority (38.8%) who indicated that they would ("definitely" or "probably") not move, nearly half qualified their answers by Consultants' Final Report - Page 43 explaining that financial considerations precluded a move for any reason. Attitudes on Regulation. With an exception to be noted, the public believes that the City should regulate adult businesses. One hundred respondents (85.5%) believe that the City should regulate the location of adult businesses. Despite the apparent laissez faire implications of the minority opinion, however, only one respondent (0.9%) believed that adult businesses should be allowed to operate in residential neighborhoods. Though perhaps disagreeing on the nature and extent of regulation then, even the most ardent opponents of regulation seem to support some type of regulation. A series of questions designed to measure support for and/or opposition to various approaches to regulation reveal a remarkable depth of support for all types of regulation. Regulatory initiatives designed to protect the integrity of residential life, for example, garner nearly unanimous support from every element of the community: Would you support a law that prohibited the establishment of an adult entertainment business within 500 feet of a residential area, school or church?. Strongly Support 92 78.0% 78.0% i Support 13 11.0% 11.0% 1 Neutral 4 3.4% 3.4% Oppose 6 5.1% 5.1% Strongly Oppose 3 2.5% 2.5% Regulatory initiatives designed to reduce the density of adult businesses, on the Consultants' Final Report - Page 44 Regulatory initiatives designed to reduce the density of adult businesses, on the ! other hand, while not nearly so popular, are supported by a significant majority of citizens. Would you support a law that prohibited the concentration of adult entertainment businesses within 1000 feet of each other? Strongly 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 } C ' It should be noted, furthermore, that some of the respondents who oppose density regulations do so because they oppose any initiative short of prohibition. Group Differences. Due to the overwhelming degree of support for almost I any regulatory initiative and, also, due to the relatively small sample size, few i group differences are statistically significant. Home ownership and gender are exceptions. In general, home owners are more likely than renters and women are more likely than men to endorse any regulatory initiative. These differences are expected, of course, but a careful examination of response patterns reveals a curious difference. When asked whether the City should regulate the locations of adult businesses, for example, home owners and women alike express stronger support for regulation than their complementary groups. Specifically, Consultants' Final Report - Page 45 Own Rent Women Men Regulate Yes 74 24 98 57 42 99 Regulate No 7 10 17 6 11 17 81 34 115 63 53 116. Both differences (owners vs. renters and women vs. men) are statistically significant. This common factor helps define the small minority (14.5%) of respondents who feel that the City should not regulate adult businesses at all.40 Asked if they would move if an adult business were to open in their neighborhood, on the other hand, home owners and women diverge slightly: Own Rent Women Men Move Yes 52 17 69 43 27 70 Move No 28 17 45 20 25 45 80 34 114 63 52 115 While home owners are more likely (vs. renters) to say that they would move out of their neighborhoods to avoid an adult business, the difference is not statistically significant. In contrast, the difference for women (vs. men) is quite significant. ' Respondents who expressed the opinion that the City should not regulate adult businesses tend to be younger (76.5% under 45) men (64.7%) who rent (58.8%). More important, perhaps, these respondents tend to live relatively far away from adult businesses (76.5% at least three blocks away) and to live in households with no children (70.6%). Several of these respondents volunteered that they were "libertarians." Of course, many of the respondents 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. Consultants' Final 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 owners expressed feelings of resignation. One respondent 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 guarantee that adult businesses would not eventually move into the new neighborhood. On the other hand, many women respondents expressed overwhelming fear for their safety and the safety of their children. One woman respondent with three young children told us that she had already moved because one of her children had been harassed by a man who she believed was a customer of an adult business. Although her new apartment was smaller and more expensive, she believed that the move was absolutely necessary for the safety of her children. Anecdotal data of this sort are not amenable to statistical analysis. Nevertheless, these data provide a context for interpreting the objective item responses of our survey. Consultants' Final Report - Page 47 VIII. Conclusions The data and analyses reported in this document make a clear, compelling statement about the secondary consequences of the adult entertainment businesses along Garden Grove Boulevard. In terms of property values alone, the survey of real estate professionals leads to the unambiguous conclusion that the mere_ presence of these businesses depresses residential and commercial property values. While the effect on commercial property values is problematic, the effect on residential property values argues for strict 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 also depresses commercial property values. This argues for strict regulations governing the distances between adult businesses. A separate survey of Garden Grove households is fully consistent with the responses of real estate professionals. Put simply, these businesses have a teal impact on the daily lives of their neighbors. By all measures, respondents living near one of these businesses are aware of the presence of the businesses and have a pessimistic (but apparently realistic) view of their impact on the neighborhood. Whereas public hearings might Iead one to conclude that actual incidents involving these businesses are rare, our survey results show the opposite; more than one in five respondents reported a specific incident related to the operation of adult P Consultants' Final Report - Page 48 businesses. This experience leads, to strong public support for regulation. Nine of ten respondents endorse regulations that prohibit adult businesses from operating 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 1 I 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 4 evidence of a public safety hazard. The subjective impressions of Garden Grove ,_:1 residents and real estate professionals have an empirical basis, in other word. - 1 Given the seriousness nature of thistY c safety hazard we recommend that I P • No new adult businesses should be allowed to operate within 1000 feet of a residence. We find a significant interaction effect between the adult businesses and taverns or bars. When an adult business opens within 1000 feet of a tavern or bar, crime rates rise by a factor that cannot be attributed to either business alone. Accordingly, we recommend that • No new tavern or bar should be allowed to operate within 1000 feet of an adult business and vice versa Since the adult businesses on Garden Grove Boulevard (or more precisely, their locations) were in operation prior to the advent of our data, we find no optimum Consultants' Final Report - Page 49 or ideal distance between locations that would ameliorate the public safety hazard. Accordingly, we recommend that • The present spacing code between adult businesses should be maintained Recognizing the legal and practical difficulties of changing the existing operations, Ifurthermore, we have no recommendations for the existing operations. Although we find no evidence that the public safety hazard can be ameliorated by simple arhitectural barriers (walls, e.g.), the hazard could conceivably be minimized by regulations such as limiting the hours of operation, special lighting, and so forth. Toward this end, we recommend that 9 Where feasible, the Conditional Use Permit process should be used to ameliorate the public safety hazard For optimal effectiveness, the Police Department must be fully involved in every aspect of this process. There is a tendency to view adult entertainment businesses as "moral nuisances" Iwhen, in fact, the data 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 neighbors. The Garden Grove Police Department is ideally suited to advise on the range of policy options that might be implemented. IA final recommendation pertains to public involvement in the process. The results of our household survey reveal strong sentiments favoring any attempt to ameliorate the secondary consequences of this problem. Nevertheless, we detect a �j Consultants' Final Report • Page 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 (vs. regulating the distance from a residential neighborhood) reflects in part a draconian view of the problem; more than a few of the respondents who expressed little or no support for this regulation did so on the grounds that the businesses should not be allowed to operate anywhere in the City. It would not be entirely correct to attribute this view to moral or moralistic attitudes. In many cases, respondents related personal experiences and fears that make these views understandable. Public support for t any practial. regulation may require a process that addresses the experiences and fears of these citizens. Unfortunately, we have no expertise (or even specific Cr insights) to suggest how this might be accomplished. APPENDIX Real Estate Survey Frequencies Household Survey Frequencies Real Estate Instrument Household Instrument Proposed Statute I Consultants' Final Report - Al Real Estate Professionals Survey Response Tabulations Based on your personal observations as a real estate 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 affects the resale or rental values of nearby properties? Yes 115 94.3 94.3 No 6 4.9 4.9 Missing 1 .8 .8 How many years have you practiced in the real estate profession? 14 5 Years or Less 36 29.5 29.5 6-10 Years 16 13.1 13.1 11-25 Years 60 49.2 49.2 25 Years or More 10 8.2 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 11-25 Years 51 41.8 41.8 25 Years or More 3 2.4 4.1 Missing 2 1.6 Based on your professional experience, how would you expect average values of the following types of property to be effected if they are less than 200 feet away from the new adult bookstore? ...Single-family residential 20% Decrease 76 62.3 62.8 10-20% Decrease 28 23.0 23.1 0-10% Decrease 14 11.5 11.6 ; No Effect 3 2.5 2.5 Missing 1 .8 I Consultants' Final Report - A2 ...Multiple -family residential 20% Decrease 46 37.7 38.3 10-20% Decrease 42 34.4 35.0 0-10% Decrease 26 21.3 21.7 No Effect 6 4.9 5.0 Missing 2 1.6 ...Commercial 20% Decrease 24 19.7 20.2 10-20% Decrease 40 32.8 33.6 0-10% Decrease 33 27.0 27.7 No Effect 18 14.8 15.1 0-10% Increase 3 2.5 2.5 20% Increase 1 .8 .8 Missing 3 2.5 How would you expect 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 10-20% Decrease 0-10% Decrease No Effect Missing ...Multiple -family residential 20% Decrease 10-20% Decrease 0-10% Decrease No Effect 10-20% Increase Missing I 67 54.9 55.4 29 23.8 24.0 19 15.6 15.7 6 4.9 5.0 1 .8 .8 41 33.6 34.2 36 29.5 30.0 34 27.9 283 8 6.6 6.7 1 .8 .8 2 1.6 Consultants' Final Report - A3 ...Commercial 20% Decrease 20 16.4 16.7 10-20% Decrease 37 30.3 30.8 0-10% Decrease 36 29.5 30.0 No Effect 24 19.7 20.0 0-10% Increase 2 1.6 1.7 10-20% Increase 1 .8 .8 Missing 2 1.6 Assume that a new adult bookstore will be located within 1000 feet of an existing adult bookstore or other adult entertainment use. Based upon your professional experience, how would you expect the average values of the following types of properties to be affected if they are less than 200 feet away from the new bookstore? ...Single-family residential 20% Decrease 10-20% Decrease 0-10% Decrease No Effect 0-10% Increase ...Multiple -family residential 20% Decrease 10-20% Decrease 0-10% Decrease No Effect 0-10% Increase ...Commercial 20% Decrease 10-20% Decrease 0-10% Decrease No Effect 10-20% Increase Missing 51 41.8 41.8 38 31.1 31.1 20 16.4 16.4 12 9.8 9.8 1 .8 .8 1 .8 41 33.6 33.6 32 26.2 26.2 33 27.0 27.0 15 12.3 12.3 1 .8 .8 27 22.1 22.3 27 22.1 22.3 33 27.0 27.3 33 27.0 27.3 1 .8 .8 1 .8 Consultants' Final Report - A4 How would you expect the average values to be affected if the properties are within 200 to 500 feet of the adult bookstore? ...Single-family residential 20% Decrease 65 53.3 55.1 10-20% Decrease 29 23.8 24.6 0-10% Decrease 15 12.3 12.7 No Effect 8 6.6 6.8 0-10% Increase 1 .8 .8 Missing 4 3.3 ...Multiple -family residential 20% Decrease 42 34.4 35.3 10-20% Decrease 41 33.6 34.5 0-10% Decrease 25 20.5 21.0 No Effect 10 8.2 8.4 0-10% Increase 1 .8 .8 Missing 3 2.5 ...Commercial 20% Decrease 25 20.5 21.4 10-20% Decrease 40 32.8 34.2 0-10% Decrease 25 20.5 21.4 No Effect 23 18.9 19.7 0-10% Increase 4 3.3 3.4 Missing 5 4.1 Based upon your professional experience, how would you evaluate the impact of locating an adult bookstore within 200 feet of an area on the following problems, if the area is residential? • ...Crime Substantial Increase 59 48.4 50.9 Some Increase 49 40.2 42.2 No Effect 7 5.7 6.0 Some Decrease 1 .8 .9 Missing 6 4.9 Consultants' Final Report - A5 ...Traffic Substantial Increase 28 23.0 23.9 Some Increase 60 49.2 51.3 No Effect 26 21.3 22.2 Some Decrease 2 1.6 1.7 Substantial Decrease 1 .8 .9 Missing 5 4.1 ...Litter Substantial Increase 52 42.6 44.8 Some Increase 48 39.3 41.4 No Effect 14 11.5 12.1 Some Decrease 1 .8 .9 Substantial Decrease 1 .8 .9 Missing 6 4.9 ...Noise Substantial Increase 35 28.7 31.3 Some Increase 46 37.7 41.1 No Effect 27 22.1 24.1 Some Decrease 3 2.5 2.7 Substantial Decrease 1 .8 .9 Missing 10 8.2 ...Safety Substantial Increase 24 19.7 21.2 Some Increase 7 5.7 6.2 No Effect 12 9.8 10.6 Some Decrease 24 19.7 21.2 Substantial Decrease 46 37.7 40.7 Missing 9 - 7.4 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 2.7 Some Increase 6 4.9 5.3 No Effect 12 9.8 10.6 Some Decrease 51 41.8 45.1 Substantial Decrease 41 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 2.5 2.6 Substantial Decrease 8 6.6 6.8 Missing 5 4.1 Based upon your professional experience, how would you evaluate the impact of locating an adult bookstore within 200 feet of an area on the following problems, if the area is commercial? ...Crime Substantial Increase Some Increase No Effect Substantial Decrease Missing 45 36.9 39.1 57 46.7 49.6 11 9.0 9.6 2 1.6 1.7 7 5.7 Consultants' Final Report - A7 ...Traffic Substantial Increase 24 19.7 20.7 Some Increase 65 53.3 56.0 No Effect 24 19.7 20.7 Some Decrease 1 .8 .9 Substantial Decrease 2 1.6 1.7 Missing 6 4.9 ...Litter Substantial Increase 36 29.5 31.3 Some Increase 60 49.2 52.2 No Effect 18 14.8 15.7 Substantial Decrease 1 .8 .9 Missing 7 5.7 ...Noise Substantial Increase 27 22.1 24.1 Some Increase 48 39.3 42.9 No Effect 33 27.0 29.5 Some Decrease 3 2.5 2.7 Substantial Decrease 1 .8 .9 Missing 10 8.2 ...Safety Substantial Increase 16 13.1 14.3 Some Increase 10 8.2 8.9 No Effect 14 11.5 12.5 Some Decrease 36 29.5 32.1 Substantial Decrease 36 29.5 32.1 Missing ' 10 8.2 ...Quality of business environment Substantial Increase 6 4.9 5.4 Some Increase 8 6.6 7.1 No Effect 7 5.7 6.3 Some Decrease 53 43.4 47.3 Substantial Decrease 38 31.1 33.9 Missing 10 8.2 Consultants' Final Report - A8 ...Commercial rents Substantial Increase 3 2.5 2.8 Some Increase 6 4.9 5.6 No Effect 17 13.9 15.9 Some Decrease 58 47.5 54.2 Substantial Decrease 23 18.9 21.5 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 5.3 Missing 9 7.4 ...Ability to attract new businesses Substantial Increase 4 3.3 3.5 Some Increase 5 4.1 4.4 No Effect 4 3.3 3.5 Some Decrease 4 39 32.0 34.5 Substantial Decrease k61 50.0 54.0 Missing 9 7.4 ...Ability to attract customers Substantial Increase 6 4.9 5.3 Some Increase 4 3.3 3.5 No Effect 8 6.6 7.0 Some Decrease 37 30.3 32.5 Substantial Decrease 59 48.4 51.8 Missing 8 6.6 Based on your professional experience, how would you evaluate the impact of locating two or more bookstores within 1000 feet of each other and within 200 feet of an area on the following problems if the area is residential? Consultants' Final Report - A9 ...Crime Substantial Increase 75 61.5 64.1 Some Increase 37 30.3 31.6 No Effect 4 3.3 3.4 Substantial Decrease 1 .8 .9 Missing 5 4.1 ...Traffic Substantial Increase 43 35.2 36.1 Some Increase 60 49.2 50.4 No Effect 14 11.5 11.8 Substantial Decrease 2 1.6 1.7 Missing 3 2.5 ...Litter Substantial Increase 63 51.6 52.9 Some Increase 46 37.7 38.7 No Effect 8 6.6 6.7 Substantial Decrease 2 1.6 1.7 Missing 3 2.5 „ ...Noise Substantial Increase 48 39.3 41.4 Some Increase 46 37.7 39.7 No Effect 17 13.9 14.7 Some Decrease 2 1.6 1.7 Substantial Decrease 3 2.5 2.6 Missing 6 4.9 ...Safety Substantial Increase 22 18.0 18.8 Some Increase 10 8.2 8.5 No Effect 7 5.7 6,0 Some Decrease 24 19.7 20.5 Substantial Decrease 54 44.3 46.2 Missing 5 4.1 Consultants' Final Report - A10 ...Quality of life Substantial Increase 10 8.2 8.5 Some Increase 2 1.6 1.7 No Effect 6 4.9 5.1 Some Decrease 30 24.6 25.6 Substantial Decrease 69 56.6 59.0 Missing 5 4.1 ...Rents Substantial Increase 5 4.1 4.4 Some Increase 5 4.1 4.4 No Effect 7 5.7 6.1 Some Decrease 45 36.9 39.5 Substantial Decrease 52 42.6 45.6 Missing 8 6.6 ...Loitering Substantial Increase 62 50.8 53.4 Some Increase 37 30.3 31.9 No Effect 5 4.1 4.3 Some Decrease 6 4.9 5.2 Substantial Decrease 6 4.9 5.2 Missing 6 4.9 Based on your professional experience, how would you evaluate the impact of locating two or more bookstores within 1000 feet of each other and within 200 feet of an area on the following problems if the area is commercial? ...Crime Substanthd Increase 53 43.4 442 Some Increase 59 48.4 49.2 No Effect 6 4.9 5.0 Substantial Decrease 2 1.6 1.7 Missing 2 1.6 Consultants' Final Report - All ...Traffic Substantial Increase 33 27.0 27.5 Some Increase 62 50.8 51.7 No Effect 22 18.0 18.3 Some Decrease 2 1.6 1.7 Substantial Decrease 1 .8 .8 Missing 2 1.6 ...Litter Substantial Increase 50 41.0 42.7 Some Increase 53 43.4 45.3 No Effect 12 9.8 10.3 Some Decrease 1 .8 .9 Substantial Decrease 1 .8 .9 Missing 5 4.1 ...Noise Substantial Increase 39 32.0 33.1 Some Increase 48 39.3 40.7 No Effect 29 23.8 24.6 Substantial Decrease 2 1.6 1.7 Missing 4 3.3 ...Safety Substantial Increase 17 13.9 14.3 Some Increase 8 6.6 6.7 No Effect 12 9.8 10.1 Some Decrease 38 31.1 31.9 Substantial Decrease 44 36.1 37.0 Missing 3 2.5 ...Quality of business environment Substantial Increase 5 4.1 4.3 Some Increase 3 2.5 2.6 No Effect 8 6.6 6.9 Some Decrease 47 38.5 40.5 Substantial Decrease 53 43.4 45.7 Missing 6 4.9 i�yb��'. �'f: <•, .r;::T},•.<5�Y.1r_�=iNe7ci'.RettMlx2.L'.-••kt.r.�-i.'r�..r.�.,.n..- ..,,,,..�....,.:. ........ ............ .. ..... .. .. ...... .... �...,. .,..._... Consultants' Final Report - Al2 ...Commercial rents Substantial Increase 6 4.9 5.4 Some Increase 9 7.4 8.1 No Effect 13 10.7 11.7 Some Decrease 39 32.0 35.1 Substantial Decrease 44 36.1 39.6 Missing 11 9.0 ...Loitering Substantial Increase 49 40.2 42.6 Some Increase 45 36.9 39.1 No Effect 5 4.1 4.3 Some Decrease 8 6.6 7.0 Substantial Decrease 8 6.6 7.0 Missing 7 5.7 ...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 Decrease 43 35.2 37.7 Substantial Decrease 56 45.9 49.1 Missing 8 6.6 ...Ability to attract customers Substantial Increase 7 5.7 5.9 Some Increase 3 2.5 2.5 No Effect 10 8.2 8.5 Some Decrease 38 31.1 32.2 Substantial Decrease 60 49.2 50.8 Missing 4 3.3 Would you mind if we contacted you in the future regarding your responses to these survey questions? No 63 51.6 64.3 Yes 26 21.3 26.5 Missing 33 78.1 Consultants' Final Report - A13 Household Survey Response Tabulations To the best of your knowlege, how close is the nearest adult bookstore or adult entertainment establishment? 200 Feet 6 5.1 5.1 500 Feet 2 1.7 1.7 1000 Feet 8 6.8 6.8 1 Block 6 5.1 5.1 2 Blocks 15 12.7 12.7 3+ Blocks 46 39.0 39.0 Don't Know 35 29.7 29.7 I am going to ask a series of questions concerning what the impact of an adult entertainment business has or would have if it were located within 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. ... Crime 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 ... Traffic Substantial Increase 42 35.6 35.9 Some Increase 29 24.6 24.8 No Effect 45 38.1 38.5 Some Decrease 1 .8 .9 Substantial Decrease Missing 1 .8 ... Litter Substantial Increase 43 36.4 36.8 Some Increase 35 29.7 29.9 No Effect 38 32.2 32.5 Some Decrease 1 .8 .9 Substantial Decrease Missing 1 .8 C �( Consultants' Final Report - A14 ... Noise Substantial Increase 40 33.9 34.5 Some Increase 32 27.1 27.6 No Effect 42 35.6 36.2 Some Decrease 1 .8 .9 Substantial Decrease 1 .8 .9 Missing 2 1.7 ... Safety JSubstantial Increase 25 21.2 21.6 Some Increase 12 10.2 10.3 No Effect 24 20.3 20.7 Some Decrease 9 7.6 7.8 Substantial Decrease 46 39.0 39.7 Missing 2 1.7 ... General Quality of Life Substantial Increase 14 11.9 12.0 Some Increase 5 4.2 4.3 No Effect 28 23.7 23.9 Some Decrease 18 15.3 15.4 i Substantial Decrease 52 44.1 44.4 1 Missing 1 .8 ... Property Values Substantial Increase 9 7.6 7.7 ] Some Increase 8 6.8 6.8 1 No Effect 18 153 15.4 Some Decrease 23 19.5 19.7 Substantial Decrease 59 50.0 50.4 Missing 1 .8 t Consultants' Final Report - A15 ... Rents Substantial Increase 12 10.2 11.1 Some Increase 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 8.5 ... Loitering Substantial Increase 68 57.6 58.1 Some Increase 19 16.1 16.2 No Effect 26 22.0 22.2 Some Decrease 3 2.5 2.6 Substantial Decrease 1 .8 .9 Missing 1 .8 ... Graffiti 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 Missing 3 2.5 ...'Vandalism Substantial Increase 53 44.9 45.7 Some Increase 23 19.5 19.8 No Effect 38 32.2 32.8 Some Decrease 2 1.7 1.7 Substantial Decrease Missing 2 1.7 Would you move if an adult entertainment business were located near your neighborhood? Definitely Move 36 30.5 31.0 Probably Move 35 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 - A16 Do you believe the City should regulate the location of adult businesses? No 17 14.4 14.5 Yes 100 84.7 85.5 Missing 1 .8 The courts have ruled that cities must provide a place for adult businesses to operate. How far away from your neighborhood would these businesses have to be to have a negligible effect on your neighborhood? 500 Feet 4 3.4 3.4 1000 Feet 10 . 8.5 8.6 1 Block 3 2.5 2.6 3+ Blocks 89 75.4 76.7 Farther 10 8.5 8.6 Missing 2 1.7 In what zone do you think these types 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 church? Strongly Support 92 78.0 78.0 Support 13 11.0 11.0 Neutral 4 3.4 3.4 Oppose 6 5.1 5.1 Strongly Oppose 3 2.5 2S Would you support a law that prohibited the concentration of adult entertainment businesses within 1000 feet of each other? Strongly 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 Missing 1 .8 Consultants' Final Report - A17 Are you aware of any specific incidents related to adult entertainment businesses in your neighborhood? No 92 78.0 78.6 Yes 25 21.2 21.4 Missing 1 .8 Do you own your home or do you rent? Owner 82 69.5 70.7 Renter 34 28.8 29.3 Missing 2 1.7 How long have you lived at your current residence? One Year or Less 9 7.6 7.7 Four Years or Less 26 22.0 22.2 j Ten Years or Less 30 25.4 25.6 ( More than Ten Years 52 44.1 44.4 \ I Missing 1 .8 What is your sex? Female 64 54.2 54.7 Male 53 44.9 45.3 .Missing 1 .8 What is your age? 21 or Under 6 5.1 5.5 22 thru 35 32 27.1 29.1 36 thru 45 26 22.0 23.6 46 thru 65 34 28.8 30.9 66 or Older 12 10.2 10.9 Missing 8 6.8 Consultants' Fnal Report - A18 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 j College Degree 28 23.7 24.6 } Graduate 4 3.4 3.5 Missing 4 3.4 } j How many children do you currently have living with you under the age of eighteen? None 60 50.8 51.3 1-2 42 35.6 35.9 3 or More 15 12.7 12.8 Missing 1 .8 How would you characterize your ethnicity? Caucasian 85 72.0 72.6 Hispanic 19 16.1 16.2 Vietnamese 4 3.4 3.4 Oriental 5 4.2 4.3 Black 1 .8 .9 I Other 3 2.5 2.6 Missing 1 .8 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 I i CITY OF GARDEN GROVE ADULT BUSINESS SURVEY CALL SHEETS CASE ID: Phone number: Address: Interviewer date time outcome timeldate of callback 1. -------------- --- -----------------_--- -- --------------- 2 - --------------2. ------------------------------------------------------------------------------------------------------------ 3. ------------------------------------------------------------------------------------------------------------ 4. ------------------------------------------------------------------------------------------------------------ 5. — ------- 6. ------------------------------------------------------------------------------------------------------------ 7. ----------------------- ----- ------------------------------ 8------------------------------------------------------------------------------------------------------- -- 9. ---------------------------------------- -------------------------------------------------------------------- -- ---------------- General Notes and Problems: ------------- Hello, my name is , I am an employee with the City of Garden Grove. j We are conducting a survey of Garden Grove residents to gather information on the impact of certain businesses, such as adult bookstores, nude or topless dancing estab- lishments, massage parlors, adult theaters showing X-rated movies, peep shows, etc. i on your residential area. The City is conducting this survey in order to properly de- velop legislation in this area. Your responses are greatly appreciated and will be kept confidential. J (Need to confirm that the respondent is a responding from a residence and not a busi- ness. If responding from a business discontinue the interview.) 1. To the best of your knowledge, how close is the nearest adult bookstore or adult entertainment establishment? 200 feet ❑ 1 block 500 fent ❑ 2 blocks ❑ 1000 feet ❑ 3+ blocks Don't know 2. Which adult entertainment establishment is it? (Prompt respondent for identifying information, ie the exact business name, or loca- tion, or general identification) 6. The courts have ruled that cities must provide a place for adult businesses to oper- ate. How far away from your neighborhood would these businesses have to be to have a negligible effect on your neighborhood? ' O Less than 500 feet 0 1 block Z) 500 feet O 2 blocks j 1000 feet O 3+ blocks 7. In what zone do you think these types of businesses should be allowed? 0 Residential ❑ Commercial ❑ Industrial 8. Would you support a law that prohibited the establishment of an adult entertain- ment business with 500 feet of a residential area, school or church? ❑ Strongly support 0 Support ❑ Neutral ❑ Oppose ❑ Strongly oppose 9. Would you support a law that prohibited the concentration of adult entertainment business within 1000 of each other? O Strongly support ` ❑ Support O Noutral . 0 Oppose ❑ Strongly oppose 10. Are you aware of any specific incidents related to adult entertainment businesses in your neighborhood? O No Q Yes If yes please explain: } 11. Do you own your home or do you rent ? �,.. ❑ Own ❑ Rent ' 1 I +: 18. Would you like to be notified of any public hearings related to the restriction of adult entertainment businesses in Garden Grove? :I Yes No If yes, confirm name and mailing address Thank you for your assistance in responding to our questions. (If they insist on a number of someone to contact about the survey give them the City Manager's Office number 714-741-5101) REAL ESTATE PROFESSIONAL SURVEY Please complete this brief survey and return it to the City of Garden Grove, City Manager's Office, by March 1, 1991. A postage paid envelope is enclosed for your convenience. 1. Based upon your personal observations as a real estate 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 affects the resale or rental values of nearby properties? Yes No opinion 2. How many years have you practiced in the real estate profession? 3. How many years have you practiced real estate in the Garden Grove area? Questions 4 through 15: Please read the following information about a hypothetical neighborhood and respond to a few questions in terms of your professional experience and judgment. A middle-income residential neighborhood borders a main street that contains various commercial uses that serve the neighborhood. Although most of the neighborhood is comprised of single-family homes, there are two multiple -family residential complexes in the neighborhood as well. A commercial building recently has become vacant and will open shortly as a typical adult bookstore. (A "typical" adult bookstore in Garden Grove also contains several "peep show booths.) ere are no other adult bookstores or similar activities in the area. There is no other vacant commercial space presently available in the area. Based upon your professional experience, how would you expect average values of the following types of property to be affected if they are less than 200 feet away from the new adult bookstore? (Circle the appropriate number for each type of property.) Decrease Decrease Decrease No Increase Increase Increase 20% 10-20% 0-10% Effect 0-100 10-20% 20% 4. Single-family residential 1 2 3 4 5 6 7 5. Multiple -family residential 1 2 , 3 4 5 6 7 6. Commercial 1 2 3 4 5 6 7 How would you expect the average value to be affected if the properties are within 200 to 500 feet of the new adult bookstore?. Decrease Decrease Decrease No Increase Increase Increase 20% 10-20% 0-10% Effect 0-10% 10-20% 20% 7. Single-family residential 1 2 3 4 5 6 7 8. Multiple -family residential 1 2 3 4 5 6 7 9. Commercial 1 2 3 4 5 6 7 Assume that the new adult bookstore wf71 be located within 7000 feet of an existing adult bookstore or i other adult entertainment use. Based upon your professional experience, how would you expect the average values of the following types of properties to be affected, if they are less than 200 feet away from the new bookstore? , Decrease Decrease Decrease No Increase Increase Increase 20% 10-20% 0-10% Effect 0-10% 10-20% 20% 10. Single-family residential 1 2 3 4 5 6 11. Multiple -family residential 1 2 3 4 5 6 12. Commercial 1 2 3 4 5 6 7 7 i How would you expect the average values to be affected if the properties are within 200 to 500 feet of the new adult bookstore? j Decrease Decrease Decrease No Increase Increase Increase 20a 10-204 0-10% Effect 0-10t 10-20% 20% 13. Single-family residential 1 2 3 4 5 5 6 6 7 7 14. Multiple -family residential 1 2 3 4 S 6 7 15. Commercial 1 2 3 4 1 2 3 Questions 16 and 17: Based upon your professional experience, how would you evaluate the impact of locating an adult bookstore within 200 feet of an area on the following: 16. If the area is residential: Questions 18 and 19: Based on your professional experience, how would you evaluate the impact of locating two or more adult bookstores within 1000 feet of each other and within 200 feet of an area on the following: 18. If the area is residerrtial: Substantial Some No Some Substantial Increase Increase Effect Decrease Decrease a. crime 1 2 2 3 3 4 4 5 5 b. traffic 1 2 3 4 5 c. litter 1 2 3 4 5 d. noise 1 2 3 4 5 e. safety of women and 3 4 5 children 1 2 3 4 5 f. general quality of life 1 2 3 4 5 g. rents 1 2 3 3 4 4 5 5 h, loitering 1 2 3 4 5 17. If the area if commercial: a. crime 1 2 3 3 4 4 5 5 b. traffic 1 2 5 c. litter 1 2 3 4 d. noise 1 2 3 4 5 e. safety of women and 5 children 1 2 3 4 f. general quality of the business environment 1 2 3 4 5 g. rents 1 2 �� 3 4 5 5 h. loitering 1 2 3 4 i. ability to attract other 5 new businesses 1 2 3 4 j. ability of other businesses to attract customers 1 2 3 4 5 Questions 18 and 19: Based on your professional experience, how would you evaluate the impact of locating two or more adult bookstores within 1000 feet of each other and within 200 feet of an area on the following: 18. If the area is residerrtial: Substantial Some No Some Substantial Increase Increase Effect Decrease Decrease a. crime 1 2 3 4 5 b. traffic 1 2 3 4 5 C. litter 1 2 3 4 5 d. noise 1 2 3 4 5 e. safety of women and children 1 2 3 4 5 f. general quality of life 1 2 3 4 5 g. rents 1 2 3 4 5 h. affect loitering 1 2 3 4 5 19. If the area is commercial: 21. Why do you feel this way? 22. OPTIONAL: Name, Name of Firm, and Address Would you mind if we contacted you in the future regarding your responses to these survey questions? 1326I/1443A 02/04/91 Yes No Thank you again for your assistance with this survey. -1- Substantial Some No Some Substantial Increase Increase Effect Decrease Decrease a. crime 1 2 3 4 5 b. traffic 1 2 3 4 5 c. litter l: 2 3 4 5 d. noise 1 2 3 4 5 e. safety of women and children 1 2 3 4 5 f. general quality of the business environment 1 2 3 4 5 g_ rents 1 2 3 4 5 h. loitering 1 2 3 4 5 i. ability to attract other businesses 1 2 3 4 5 j. ability of other businesses to attract customers 1 2 3 4 5 20. In general, to+what degree do you feel adult entertainment businesses affect property values? 21. Why do you feel this way? 22. OPTIONAL: Name, Name of Firm, and Address Would you mind if we contacted you in the future regarding your responses to these survey questions? 1326I/1443A 02/04/91 Yes No Thank you again for your assistance with this survey. -1- 4. 'lords in the present and future tenses are interchangeable and words SECTION 9.1.1.05 DEFINITIONS A. PURPOSE The purpose of this Section is to promote consistency and t precon in the application and interpretation of this Chapter. The meaning of words and phrases defined in this Section shall apply throughout this Chapter, except where the context or usage of such words and phrases clearly indicates a different meaning intended in that specific case. C. DEFINITIONS Unless otherwise specifically provided, the words and phrases B. GENERAL INTERPRETATION The following general interpretations shall apply throughout tis ection: 1. The word "shall" is mandatory and not discretionary. The word "may" i is permissive and discretionary. 2. 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 masculine or feminine genders are interchangeable. 4. 'lords in the present and future tenses are interchangeable and words in the singular and plural tenses are interchangeable, unless the context clearly indicates otherwise. 5. In case a definition is not listed in this section, the most current Webster Collegiate Dictionary shall be referred to for interpretation. 6. In the event of a conflict between the definitions section and the remainder of Title IX, the Title IX provision shall prevail. C. DEFINITIONS Unless otherwise specifically provided, the words and phrases used in the Chapter shall have the fallowing meanings: A ACCESSORY BUILDINGS AND STRUCTURES (NON-RESIDENTIAL): A building, part of a bui I Ui —ng, or structure that is incl enta or subordinate to the main building.or use on the same lot, which accessory use does not alter the principal use of such lot or building. If an accessory building is attached to the main building either by a common wall or if the roof of the accessory building is a continuation of the roof of the main building, the accessory building will be considered a part of the main building. ACCESSORY LIVING QUARTERS: Living quarters within an accessory building that is ancillary and subordinate to a principal dwelling unit, located on the same lot, for the sole use of persons employed on the premises or for temporary use by guests of the occupants_ Such quarters are expressly prohibited f rort containing kitchen facilities or any other area used for the daily preparation of food. �752i/i92o i4i 0/1 /01 !Qt ADULT ENTERTAINMENT BUSINESSES: Adult entertainment businesses shall be defined as follows: 1. Adult Book Store means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, other periodicals, prerecorded 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, describing, or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale, display, or viewing of such materials. 2. Adult Motion Picture Theater means an enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. 3. Adult Mini Motion Picture Theater means an enclosed building with a capacity for less than fifty -0501 -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 observation by patrons therein. 4. Adult Hotel or Motel means a hotel or motel where material is presented that is istinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. 5. Adult 'Motion Picture Arcade means any establishment required to obtain a permit under Chapter 5.60 of the Garden Grove Municipal Code or any other place to which the public is permitted or invited wherein coin, token, or slug -operated or electronically, electrically or mechanically controlled still or motion picture 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. Cabaret means a nightclub, theater or other establishment that features live performances by topless and bottomless dancers, "go-go" 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 Introductory Services means any establishment required to obtain a permit pursuant to Chapter 5.55 of the idunicipal Code. 8. Massage Parlor or Bath House means any establishment required to O tain a pernit pursuant to Chapter 5.12 of the Garden Grove i^ic�aal erode where, for any form of consideration or gratuity, 5752T/1928A (5) !)& /'l_^ /01 010 C massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs. 9. Model Studio means any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. 10. Sexual Encounter Center means any business, agency or person who, for any form of consideration 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. ' 11. 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. 12. 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: a. The area devoted to merchandise depicting, describing or relating to specified sexual activities or specified anatomical areas exceeds more than 15 percent of the total display or floor space area open to the public or is not screened and controlled by employees. h. One of the primary purposes of the business or establishment is to operate as an adult entertainment establishment as evidenced by the name, signage, advertising or other public promotion utilized by said establishment. C. One of the primary purposes of the business or establishment is to operate as an adult entertainment establishment as demonstrated by its services, products or entertainment constituting a regular and substantial portion of total business operations and/or a regular and substantial portion of total revenues received; where such services, products or entertainment are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. For purposes of this Section, "regular and substantial portion" is defined to mean greater than fifteen (15) percent of total operations or revenues received. d. Certain types of "adult merchandise" are displayed or merchandised. For purposes of this Section, "adult merchandise" means adult, sexually oriented implements and paraphernalia, 52_ . 5�-17 5) I7_3-. icl 04/04/91 Ull such as, but not limited to: dildo, auto suck, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices. AGRICULTURAL CROPS: The use of property for the growth and 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 private thoroughfare or way that may afford a primary or a secondary means of access to abutting properties. APARTMENT: A room, or a suite of two or more rooms, in a multiple dwelling, occupied or suitable for occupancy as a dwelling unit for one family but not including motels or hotels. ARCADE: Any place of business containing ten (10) or more amusements devices, including but not limited to pinball, air hockey and video games, for use by the public at a fee. B BAR: A public or private business open to the general public and licensed by the California Department of Alcoholic Beverage Control with an "on -sale premises" type license, providing preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars and similar uses. BILLBOARD: A sign identifying a use, facility, or service not conducted on the premises or a product that is produced, sold or manufactured off-site. BILLIARD PARLOR OR POOL HALL: "Billiard parlor" or "pool hall" means a uTing, structure, or portion thereof in that are located one or more tables designed or used for play of pool, billiards, bagatelle, snooker, bumper pool, or similar games, or any establishment required to obtain a permit -under Chapter 5.40.20 of the Municipal Code., BOARDING/LODGING FACILITY: A building containing a dwelling unit where odging is provided, with or without meals, for compensation with not more than five (.5) guest rooms for ten (10) persons. BUILDING: Any structure that is completely roofed and enclosed on all sides, excluding all fords of vehicles even though immobilized. BUILDING FRONT: That side of any building designed or utilized as the primary customer or pedestrian entrance to the building. Each building may have more than one side of the building designated as a front under this definition. BUILDING HEIGHT: Tie vertical distance measured from tne average level of the building site to the uppermost roof point of the structure, excluding chimneys, antennas, architectural appurtenances and similar � feati res. ) 5752T/1923A (7) (7) For shopping center associations, the number of days shall be used on a monthly or quarterly schedule. (8) The number of days for individual business addresses shall count toward the maximum allowable days allocated for special event sales. (9) All merchandise, materials, signs and debris shall be removed from the outdoor area by 10:00 a.m. of the day j 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 following conditions: a. Such use shall be restricted to commercially zoned property. b. Applications must be submitted ten (10) days in advance of the sale. SECTION 9.1.2.06 ADULT ENTERTAINMENT USES A. PURPOSE. The City Council of the City of Garden Grove finds that adult entertainment businesses, as defined in Section 9.1.1.05C, because of their very nature, have certain harmful secondary effects on the community. These secondary effects include: 1. Depreciated property values, vacancy problems in commercial space (particularly in the newer commmer�ial buildings). 2. Interference with residential neighbors' enjoyment of their property due to debris, noise, and vandalism. 3. Higher crime rats in the vicinity of adult businesses. 4. alighted conditions such as a low level of maintenance of commercial premises and parking lots. The City Council further finds that the restrictions and development standards contained in this Section will tend to mitigate, and possibly avoid, the harmful secondary effects on the community associated with adult entertainment businesses. The primary purpose of these regulations is the amelioration of harmful secondary effects on the community. The regulations contained in this section are unrelated to the suppression of free speech and do not limit access by adults to materials with First Amendment potential. 4885T/1907A (31) 04/04/91 r 1 B. SPECIFIED SEXUAL ACTIVITIES AND ANATOMICAL AREAS. . Pur ion 9.1.1.05C an adult entertainment business is an Pursuant to Section y 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." I 1. For purposes of this Section, "specified sexual activities" shall include the following: a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral -anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or b. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or C. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or d. Fondling or touching of nude human genitals, pubic region, I buttocks or female breast; or e. tlasochism, erotic or sexually oriented torture, beating or the infliction of pain; or f. Erotic or lewd touchinb, fondling or other contact with an animal by a human being; or g. Human excretion, urination, menstruation,, vaginal or anal irrigation. 11. Dancing by one (1) or more live entertainers in a manner displaying specific anatomical areas. 2. For the purpose of this Section, "specified anatomical areas" shall include the following: a. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 4885T/1907A (32) 04/04/9'1 i� C. SPECIAL REGULATIONS. In a C-2 zone, where the adult entertainment businesses regulated by this Part would otherwise be permitted, it shall be unlawful to establish any such entertain,nent business without the benefit of the hearing body approving a Conditional Use Permit and if the location is: 1. Within two hundred (200) feet of any area zoned for residential use or within two hundred (200) feet of any building owned and occupied by a public agency; 2. Within one thousand (1,000) feet of any other "adult entertainment" business; 3. Within one thousand (1,000) feet of any school facility, public or private, grades K through 12; park; playground; public libraries; licensed day care facilities; church and accessory uses. The "establishment" of any "adult entertainment" business shall include the opening of such a business as a new -business, the relocation of such business or the conversion of an existing business location to any "adult entertainment" business uses. For the purposes of this Section, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as a part of the premises where said adult entertainment business is conducted to the nearest property line of any lot or premises zoned for residential use, or to the nearest property line of any lot or premises of a church or educational institution utilized by minors or to the nearest point of any building or structure used as a part of the premises of any other adult entertainment business. D. VARIANCE OF LOCATIONAL PROVISIONS. Any property owner or his authnrized agent may apply to the hearing body for a variance of any locational provisions contained in this Section. The hearing body, after a hearirg, may grant a variance to any locational provision, if the following findings are made: 1. That the proposed use will not be contrary t3 the public interest or injurious to nearby properties, and that the spirit and intent of this Section will be observed; 2. That the proposed use will not unreasonably interfere with the use and enjoyment of neighboring property or cause or exacerbate the development of urban blight; 3. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation or revitalization nor will it interfere with any program being carried out pursuant to the Community 22development Law; and 488ST/1907A (33) 04/08/91 4. That all applicable regulations of this Code will be observed. The procedure for this hearing shall be the same as that provided in Article 6, Division 2 of the Garden Grove Municipal Code, with, among other matters, the same notice requirements, the same right of appeal to the City Council, and the same fees payable by the applicant. The Development Services Department shall prepare the necessary application form for this variance. E. ADULT MERCHANDISE IN NON -ADULT USE BUSINESS. 1. Definitions. For the purposes of this Part, "adult merchandise" is defined as any product dealing in or with explicitly sexual material as characterized by matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. In addition, "non -adult use business" means any business or .,,,,,.establishment not included in Section 9.11.05C. 2. Floor Space Limitations. No more than fifteen (15) percent of total oor space area open to the public of a non -adult use business shall be devoted to adult merchandise. 3. Segregation of Adult Merchandise. Retailers classified as non -adult use establishments shall iadult merchandise in an area of the business segregated and screened from the area used for the sale and display of non -adult merchandise. Screening may be accomplished with partitions or said adult materials may be displayed in separate rooms. 4. Access by Minors. Non -adult use establishments shall provide controls sufficient to prohibit access by persons under eighteen (18) years of age to areas screened or segregated for the purpose of selling or displaying adult merchandise. 5. Certain Merchandise Prohibited. Non -adult use businesses shall not, display or merchandise adult, sexually oriented implements and paraphernalia, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices. F. NEWSRACKS. Newsracks shall not display specified sexual activities or specified anatomical areas. SECTION 9.1.2.07 ALCOHOLIC BEVERAGE SALES A. PURPOSE. To establish criteria and conditions for_uses that sell, serve., or aTTow consumption of alcoholic beverages. 4885T/1907A (34) 04/04/91 6:' � -1 I REAL ESTATE PROFESSIONAL SURVEY Please complete this brief survey and return it to the City of Garden Grove, City Manager's Office, by March 1, 1991. A postage paid envelope is enclosed for your convenience. 1. Based upon your personal observations as a real estate 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 affects the resale or rental values of nearby properties? Yes i No opinion 2. How many years have you practiced in the real estate profession? _ 3. How many years have you practiced real estate in the Garden Grove area? Questions 4 through 15: Please read the following information about a hypothetical neighborhood and respond to a few questions in terms of your professional experience and judgment. A middle-income residential neighborhood borders a main street that contains various commercial uses that serve the neighborhood. Although most of the neighborhood is comprised of single-family homes, there are two multiple -family residential complexes in the neighborhood as well. A commercial building recently has become vacant and will open shortly as a typical adult bookstore. (A "typical" adult bookstore in Garden Grove also contains several "peep show booths.)—erT a are no other adult bookstores or similar activities in the area. There is no other vacant commercial space presently available in the area. Based upon your professional experience, how would you expect average values of the following types of property to be affected if they are less than 200 feet away from the new adult bookstore? (Circle the appropriate number for each type of property.) Decrease Decrease Decrease No Increase Increase Increase 20% 10-20% 0-10% Effect 0-10% 10-20% 20% 4. Single-family residential 1 2 3 4 5 6 7 5. Multiple -family residential 1 2 3 4 5 6 7 6. Commercial 1 2 3 4 5 6 7 How would you expect the average value to be affected if the properties are within 200 to 500 feet of the new adult bookstore? Decrease Decrease Decrease No Increase Increase Increase 20% 10-20% 0-10% Effect 0-10% 10-20% 20% 7. Single-family residential 1 2 3 4 5 6 7 8. Multiple -family residential 1 2 3 4 5 6 7 9. Commercial 1 2 3 4 5 6 7 Assume that the new adult bookstore will be located within 1000 feet of an existing adult bookstore or other adult entertainment use. Based upon your professional experience, how would you expect the average values of the following types of properties to be affected, if they are less than 200 feet away from the new bookstore? — Decrease Decrease Decrease No Increase Increase Increase 20Z 10-20% 0-10% Effect 0-10% 10-20% 20% 10. Single-family residential 1 2 3 4 5 6 7 11. Multiple -family residential 1 2 3 4 5 6 7 12. Commercial 1 2 3 4 5 6 7 How would you expect the average values to be affected if the properties are within 200 to 500 feet of the ' new adult bookstore? Increase Effect Decrease Decrease a. crime 1 2 3 Decrease Decrease Decrease No Increase Increase Increase 4 5 205 10-205 0-105 Effect 0-104 10-20% 201. \\\ 13. Single-family residential 1 2 3 4 5 6 7 14. Multiple -family residential 1 2 3 4 5 6 7 15. Commercial 1 2 3 4 5 6 7 Questions 16 and 17: Based upon your professional experience, how would you evaluate the impact of locating an adult bookstore within 200 feet of an area on the following: 16. If the area is residential: 17. If the area if commercial: a. crime Substantial Some No Some Substantial traffic 1 Increase Increase Effect Decrease Decrease a. crime 1 2 3 4 5 b. traffic '— 1 2 3 4 5 c. litter 1 2 3 4 5 d. noise 1 2 3 4 5 e. safety of women and 1 2 3 4 5 g. rents children 1 2 3 4 5 f. general quality of life 1 2 3 4 5 g. rents 1 2 3 4 5 h. loitering 1 2 3 4 5 17. If the area if commercial: a. crime 1 2 3 4 5 b. traffic 1 2 3 4 5 c. litter 1 2 3 4 5 d. noise 1 2 3 4 5 e. safety of women and 4 5 c. litter 1 children 1 2 3 4 5 f. general quality of the 2 3 4 5 e. business environment 1 2 3 4 5 g. rents 1 2 .. 3 4 5 h. loitering 1 2 3 4 5 i. ability to attract other 5 g. rents 1 2 new businesses 1 2 3 4 5 j. ability of other businesses 3 4 9 to attract customers 1 2 3 4 5 Questions 18 and 19: ----- Based on your professional experience, how would you evaluate the impact of locating two or more adult bookstores within 1000 feet of each other and within 200 feet of an area on the following: 18. If the area is residential: Substantial Some No Some Substantial Increase Increase Effect Decrease Decrease a. crime 1 2 3 4 5 b. traffic 1 2 3 4 5 c. litter 1 2 3 4 5 d. noise 1 2 3 4 5 e. safety of women and children 1' 2 3 4 5 f. general quality of life 1 2 3 4 5 g. rents 1 2 3 4 5 h. affect loitering 1 2 3 4 9 -2- 19. If the area is commercial: 21. Why do you feel this way? 22. OPTIONAL: Name, Name of Firm, and Address Would you mind if we contacted you in the future regarding your responses to these survey questions? 1326I/1443A 02/04/91 Yes No Thank you again for your assistance with this survey. -3- Substantial Some No Some Substantial Increase Increase Effect Decrease Decrease a. crime 1 2 3 4 5 b. traffic 1 2 3 4 5 c. litter 1: 2 3 4 5 d. noise 1 2 3 4 5 e. safety of women and children 1 2 3 4 5 f. general quality of the business environment 1 2 3 4 5 g. rents 1 2 3 4 5 h. loitering 1 2 3 4 5 i. ability to attract other businesses 1 2 3 4 5 j. ability of other businesses to attract customers 1 2 3 4 5 20. In general, to what degree do you feel adult entertainment businesses affect property values? 21. Why do you feel this way? 22. OPTIONAL: Name, Name of Firm, and Address Would you mind if we contacted you in the future regarding your responses to these survey questions? 1326I/1443A 02/04/91 Yes No Thank you again for your assistance with this survey. -3- Y EXHIBIT E-4 Report of the Attorney General's Working -Group on the Regulation of Sexually Oriented Businesses (June 6, 1989) Introduction Many communities in Minnesota have raised concerns about the impact of sexually oriented businesses on their quality of life. It has been suggested that sexually oriented businesses serve as a magnet to draw prostitution and other crimes into a vulnerable neighborhood. Community groups have also voiced the concern that sexually oriented busi- nesses can have an adverse effect on property values and impede neighborhood revitalization. It has'been 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. 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O °d `" Ec. `- �4. o 0 °d 3 ,� Fp 4�O a.�� &'P. 0 •Q CQ -.4 C7vO:3 0 O bo m m o.�.r! c oUcAiMtiV ob i p400•=' o %-o w- �cD o u a °� t— oo `o " � m 'L3 . $" ,m m °.° o �+ •�3� rn m m o m 3r c°G d M p l� M C' N O a0 'oD •m O �'" 'O t+' > •S 00 Cd m O t0 O ao m { Q CO c� 'S � r-4 t'-'- CO COscd mom ' 5 �� u .-, 4-2 i App. B / Adult Businesses can protect minors from exposure to sexually explicit mate- rials. The Attorney General's Working Group on the Regulation of Sexually Oriented Businesses believes that prosecution, seizure of profits, zoning and regulation of sexually oriented businesses should only be done in keeping with the constitu- tional requirements of the First Amendment. Rational regu- lation can be fashioned to protect both our communities and our constitutional rights. 426 C. 84 Time, Place, and Manner Regulation of Business Activity City of Austin I AUSTIN CITY COUNCIL MAYOR Frank C. Cooksey MAYOR PRO TEM John Trevino, Jr. COUNCIL MEMBERS Mark Rose Smoot Carl -Mitchell ally Shipman ?orge Humphrey zarles E. Urdy i CITY MANAGER Jorge Carrasco. 1 REPORT ON ADULT ORIENTED BUSINESSES IN AUSTIN Prepared By Office of Land Development Services May 19, 1986 EXHIBIT E-3 :uav c ibit 1 #1 Appendix B 85 This report was prepared by the Special Programs Division of the Office of Land Development Services (OLDS), with assistance from other city agencies. The following staff members were involved: Office of Land Development Services James B. Duncan, Director Lilas Kinch, Acting Deputy Director Marie Gaines, Assistant Director for Land Use Review Sager A: Williams, Jr., Division Planner Dan Drentlaw, Planner III, Project Manager Kirk Bishop, Planner ii Stephen M. Swanke, Planner I, Primary Contributor Jean Page, Artist II Monica Moten, Drafter II Sharon McKinney, Senior Administrative Clerk Fletcher Eubanks, Intern Mike Hovar, 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 P.O. Kevin Behr, Administrative Assistant to the Chief Leslie Sachanowicz, Planner Apalyst 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, Senior Inspector, General Inspections C Time, Place, and Manner Regulation of Business Acdvity TABLE OF ca iTENPS I. Introduction II. Summary of Existing Research A. Analysis of Existing Research B. Legal Basis III. Adult Oriented Businesses in Austin A. Location of Existing Businesses B. Evaluation of Adult Business Impacts C. Trade Area Characteristics IV. Conclusions Appendix Page 90 91 91 93 95 95 98 116 121 123 Appendix B 87 r TABLE OF MAPS Map 1 Existing Adult Businesses Locations 96 Map 2 Study Area 1 101 Map 3 Control Area 1 103 Map 4 Study Area 2 103 Map 5 Control Area 2 104 Map 6 Study Area 3 105 Map 7 Control Area 3 106 Map 8 Study Area 4 107 Map 9 Control Area 4 108 Map 10 Adult Business Trade Area — Southside 117 News Map 11 Adult Business Trade Area — Cinema West 118 Map 12 Adult Business Trade Area — Yellow Rose 119 88 Time, Place, and Manner Regulation of Business Activity SUMMARY` .purpose 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 1 The first portion of the study examines existing research concerning the impact of adult business on crime rates and property values. Results from these studies contain -similar findings - crime rates are higher and property values lower near adult oriented businesses. Despite the negative impacts, regulation of -adult businesses must respect constitutional rights of owners and patrons. Therefore an overview of pertinent legal and constitutional issues is also provided. J Existing Adult Businesses in Austin ustin has( 49 adult oriented businesses, consisting primarily of )okstores, N4Maters, massage parlors, and topless bars. Generally, nese businesses are located in an area between Lamar Boulevard and t Interstate Highway 35. Analysis of the Impacts of Adult Businesses in -Austin An analysis of crime rates was conducted by comparing areas with adult businesses (study areas) to areas without adult businesses (control .areas). Both contrel 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 with single businesses and two with more than one business. Within the study areas, sex-related crimes yXLe found to be from two to nearly five mimes the cit -wride average../ Also, sex-reTat crime rates were foundto—`be—b6igfie� in study areas with two adult businesses ,compared to study areas with only one business. !In order to assess the impact of adult businesses on property values, questionnaires were mailed to 120 real estate appraisal and lending ,firms. Eight -eight percent of those responding indicated a belief that an adult bookstore would decrease residential property values within one block, and 59% felt that residential property values would decrease within three blocks. Respondents based their opinions on l ,veral factors. They noted that adult businessesmade homes less 1 _tractive to families, thus lowering demand and property values. vers stated that the existence of adult businesses leads mortgage derwriters to believe that the neighborhood is in decline, thus ,ting 95% financing difficult. Appendix B 89 Trade Area Characteristics In order to make appropriate recommendations for assignment of adult businesses to specific zoning districts, a study of trade area characteristics was conducted. Three adult businesses — a bookstore, theater and a topless bar were examined to determine customer addresses by an observation of vehicle -license numbers. Of the al observations made, only three customers had an address within one mile of an adult business. Nearly half (44%) of all customer addresses were located outside the City of Austin. Recommendations Based on the findings of this study, the following recommendations are made: 1. Adult businesses should be limited to highway or regionally — oriented zone districts. Z. Adult businesses should be dispersed to avoid the over concentration of such business. 3. Conditional use permits should be required for adult businesses in j certain specified zone districts. 4 90 Time, P12ce, and Manner Regulation of Business Activity CHAPTER I INTRODUCTION IAs is the case in many large American cities, Austin has witnessed a rapid rise in the number and type of adult entertainment businesses over the past decade. These businesses present a particular problem due, in part, to the moral implications associated with such ! enterprises in the minds of many members of -the community. ! In addition, the proliferation and alleged detrimental effects of these businesses upon surrounding neighborhoods 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 Supieme Court has upheld the right of adult entertainment businesses to operate in the community 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 ,,r,atrons has been a difficult task, stip enacted a "Sexually Oriented Commercial Establishments .dinance" on May 22, 1980. This ordinance prohibites adult ausinesses 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 was filed after the Building Inspection Department issued a "Code Violation Notice"`for an adult bookstore located at 8004 Research Blvd. This violation notice was 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 ■harm to areas zoned -and used for residential purposes. it 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 Ipermanently 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 formulate appropriate regulations based on these (findings. Appendix B 91 i CHAPTER II SUMMARY OF EXISTING RESEARCH This chapter presents a brief overview of existing research and regulations written to address adult oriented businesses in various parts of the country. An understanding of the effects of adult oriented businesses on surrounding properties and the legal basis for regulations controling such businesses is critical in developing an ordinance for Austin. A. ANALYSIS OF EXISTING RESEARCH Amarillo, Texas The City of Amarillo's study, A Report on Zonin2 and Other Methods of Regulating Adult* Entertainment Uses in Amarillo, concl tfij—t-a-aUjFt entertainment uses are distinguishable from other businesses in that they have negative impacts on surrounding land uses. The study established a relationship between high crime rates and proximity to adult businesses. Furthermore, the study found that the late operating hours of most adult businesses created special problems to surrounding neighborhoods in the form of noise, glare, and traffic. Beaumont, Texas (� A planning department study done for the Charlton -Pollard Neighborhood in Beaumont, Texas investigated the effect of adult businesses on 4 economic decline and crime. The study concluded that the I concentration of adult businesses drove away neighborhood commercial stores and contributed to an increase in crimes such as prostitution, drug use, and muggings. j Indianapolis, Indiana In February, 1984, the Division of Planning in Indianapolis published a report titled Adult Entertainment Businesses in Indianapolis: An Analysis. This report contained the results of an evaluation of the impact of adult business upon surrounding areas in terms of crime rates and real estate values. The study assessed the impact of adult entertainment businesses on crime rates by researching six areas containing adult businesses and six similar areas containing no adult businesses. A comparison of these areas revealed that sex-related crime rates were 77 percent higher in areas containing adult businesses. 9,2 Time, Place, and Manner Regulation of Business Activity I .S second portion of the study evaluated the impact of adult lbusinesses on real estate values by surveying professional real estate appraisers. Two surveys were conducted. The first surveyed opinions of members of the American Institute of Real Estate Appraisers practicing in 22 metropolitan areas similar in size to Indianapolis. The second survey was a 20% random sample of AIREA members drawn at a national level. In the metropolitan area survey, 78% of those 'lurveyed felt that residential property values would decrease if ocated within one block of an adult business. The national survey generated similar results - 80% of those surveyed felt residential pperty values would decrease if located within a block of an adult iness. ts Angeles, California e Department of City Planning for Los Angeles published a report in June, 1977 entitled Study of the -Effects of the Concentration of 7dult Entertainment Establishments in the City of Los Ange es. An valuation of the impact of adult businesses on both crime rates and property values was conducted. Crime rates were evaluated by fomparing the Hollywood area with the remainder of the city. ollywood was selected as a study area because of its high c-ncentration of adult businesses. The study focused on the years 9 to 1975, during which the number of adult businesses increased n 11 to 88 establishments. The study indicated that prostitution k gists in the Hollywood area were 15 times greater than the city average. like the Indianapolis report, the Los Angeles study surveyed real estate appraisers to assess the impact of adult businesses on property alues. Over 90% of those surveyed felt that the concentration of oult businesses would decrease the market value of private residences cated within 1000 feet of the adult business. Eighty-seven percent Fstnicated that the- concentration of adult businesses would decrease market value of business property located in the vicinity of such ablishments. s Angeles County, California in April, 1978, the Department of Regional Planning of the County of 'jos Angeles published a study entitled Adult Entertainment Study and troPosed Zonin Ordinance Amendment. In the s- y, aw enforce rkt ficers were surveyed. Responses from the surveys indicated that areas with a concentration of adult businesses have a higher incidence L -related public intoxication, theft, assault, disturbing the peace, and vice. Respondents indicated that nude bars, modeling studios, and massage parlors caused the most individual problems. Appendix B 93 Phoenix, Arizona The City of Phoenix study investigated the incidence of crime by comparing three study areas containing adult businesses with three control areas without adult businesses. They concluded that crimes were 43 percent higher, violent crimes were 4 percent higher, and sex related crimes were over 500 percent higher in the study areas. St. Paul Minnesota The planning department ,in St. Paul conducted a study entitled Effects on Surrounding Area of Adult Entertainment Businesses. The study found that there was a statistically significant correlation between diminished housing values and crime rates and the location of adult businesses. The study also concluded that there was a stronger correlation with neighborhood deterioration after the establishment of an adult business. B. LEGAL BASIS Regulation of adult businesses has taken a variety of forms in cities throughout America. Boston, Massachusetts, for example, has adopted an ordinance that restricts all adult businesses to a single geographic area known as. the "Combat Zone". Detroit, Michigan,on the other hand, enacted _an ordinance intended to disperse adult / businesses. This ordinance, passed in 1972, prohibited adult entertainment businesses within 500 feet of a residential area or within 1000 feet of any two other regulated uses. The term "regulated use" applied to a variety of businesses, including adult theaters, adult bookstores, cabarets, bars; taxi dance halls, and hotels. At this tire, only Seattle and Renton, Washington have ordinances similar in nature to the Boston ordinance. However, several cities have adopted regulations similar to those enacted in Detroit, which are aimed at dispersing adult entertainment businesses. The Detroit ordinance was legally challenged and ultimately upheld by the United States Supreme Court in 1976. This court case, known as Youn -v- American Mini Theaters, Inc., now serves as the primary legal precedent regarding the use of zoning powers to regulate adult entertainment business. . In Young, the Supreme Court held that "even though the First Amendment protects communication in this area (sexually explicit activities) from total suppression, we hold the State may legitimately use the content of these materials as a basis for placing them in a different classification from other movie theaters" . 1. McClendon, Bruce W.; Zoning for Adults Only, (Zoning news; American Planning Association, August, 1985). 94 Time, P12ce, and Manner Regulation of Business Activity 'lie plurality opinion for this court case set out three First mendment criteria that ordinances regulating adult entertainment jusinesses must satisfy irr order to be Constitutionally upheld. 1. Regulations must be motivated not because of a distaste for the speech itself, but by a desire to eliminate its adverse effects. 2. Properly motivated legislation may be unconstitutional if it severey restricts First Amendment rights. ' 1 3. A properly motivated ordinance with only a limited impact on free expression may be unconstitutional if the municipality cannot demonstrate an adequate factual basis for its conclusion that the ordinance will accomplish 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 1,000 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 worship. The ordinance also restricted all new adult entertainment businesses to three zoning districts. The Atlanta ordinance further required the amortization of certain xisting businesses. though factual evidence was presented in support of Atlanta's dinance, the U.S. Supreme Court found that the ordinance violated the first two criteria cited in Young. The Court first found evidence of an improper motive in enacting the ordinance. Minutes of a zoning review board meeting indicated that the board would help citizens opposed to the conduct of adult businesses to "zone them out of business". At the meeting an assistant city attorney indicated that the proposed ordinance was the "strongest vehicle toward elimination" of these businesses and the city was "hoping for complete eradication" of adult businesses. The court also found that the locational (restrictions of the ordinance would significantly reduce and possibly► eliminate public access to adult businesses. The court had ruled in Young that "pornography zoning" is constitutional oily if "the market (for this commodity is essentially unrestrained" . The locational restrictions and amortization requirements in Atlanta were deemed too severe a restriction on the First Amendment rights of adult (businesses. 2. Weinstein, Alan; Regulating Pornography: Recent Legal Trends; (Land Use Law; February, 1982;) p.4 Ilbid. p.4 lbid. p.4 Appendbr B 95 f! CHAPTER III ADULT ORIENTED BUSINESSES IN AUSTIN A. LOCATION OF EXISTING BUSINESS There were 49 adult-oriented businesses located within the corporate limits of the Austin as of January 1, 1986. These businesses have been grouped into two major types of businesses: Adult Entertainment Businesses and Adult Service Business. Adult Entertainment Businesses consist of adult bookstores, theaters, and film stores. Adult Service Businesses consist of massage parlors, nude modeling studios, and topless/bottomless bars or clubs. Adult Entertainment Businesses must be carefully regulated due to their constitutionally protected status as an expression of free speech. The classification of these businesses is difficult, particularly in the case of Adult Entertainment Businesses, since many of these are involved in the selling of printed material as well as novelty items, and the showing of peep shows. For the purposes of this study, businesses listed as bookstores include a substantial portion of the business involved in the selling of printed material, but may include the distribution of novelty items, showing of peep shows, and other I related forms of adult entertainment. Any business that exhibits adult films on a single screen with 100 seats was classified as an adult theater even through it may offer adult video tapes or films for sale. Table 1 lists the names and locations of the 49 existing Adult Entertainment businesses in Austin. Map 1 depicts the locations of these in the City of Austin. As shown on this map, 21 of the 49 existing businesses are not located within 1000 feet of another adult business. Of the remaining 28 businesses, there are eight groups of two businesses, one group of three businesses, one group of four businesses, and one group of five businesses. The locational pattern illustrated on Map 1 indicates a propensity for adult businesses to locate along the major north/south roadways or on major east/West roadways between Lamar Blvd and IH35. 96 Time, Place, and Manner Regulation of Business Activity tv r'z < �v1 r1z�f i'� ♦ 1J i�17 .�- IA11/ }— - •n•'" }gi{L'! �f,�,,Ti • ` ;`:�� est 1C. j,;�ic j� • ) '71 IAP 13 ` �1Fe1 TCa� �' ' j�` � • �"� �t -� ,fir` ••T�' J �4` °+/� . . rfi F An . - �MP2 i�lP 1 a MPa Tr. .h ott'`a ♦t N•,c 1 e$a Be,!/ x> 891 / � �� �•. _ ( jj� 1"w i , ''� > ti�f�yj�.',•;ye - _ T �,• ,' f � y S� U�� e32 r 1 • \\il` Mp20 � .r�y� ` l 810, , MP/e f _ / 1UFF �, ,• _ TCa ATI T 2- 7U I TC3 U117 - (NAP 1 •�'• Exlstkq Adult Busklsss locations t=asr AT Adult Ttleater f 89 Adult 800kstoro r FS Adult Fwmtore j MP massage Parlor I �= TC Topless CkJb or Nude ModelWg I) UPIT ` N e sono ,o.000 R � MP1s MP/e Appendix B 97 Table 1 Existing Adult Businesses Austin, Texas January 1, 1986 Adult Entertainment Businesses Adult Bookstores 1. Adult Theater 3401-A- North IH35 2. Mr. Video 1910 Guadalupe St. 3. River City Newsstand 613 West 29th St. 4. River City Newsstand 8004 Research Blvd., 5. Video Barn 615 West 29th St. 6. Southside News 2053 South Lamar Blvd. 7. The Pleasure Shop 603 West Oltorf St. 8. Oasis Adult Book Store 8601 North IH 35 9. Ms. Video 718 Red River St. 10. Sixth Street News 706 East 6th St. Adult Theaters 1. Cinema West Theater 2130 South Congress Ave. 2. Texas Adult Theater 2224 Guadalupe St. Adult Film Stores 1. Video Barn 5726 Burnet Rd. 2. Video Barn 708 East 6th St. 3. Video Barn 9640 North Lamar Blvd. 4. Video Barn 2055 South Lamar Blvd. 5. video Barn 512 West Stassney Lane 6. Video Etc. 5610 North Lamar Blvd. Adult Service Businesses Massage Parlors t 1. Ann's Massage Clinic 1406 South Lamar Blvd. 2. Body Works, inc. 2906 San Gabriel St. 3. Fantastic Oriental Massage 1104 West -Koenig Lane 4. Fantasy Massage 5520 North Lamar Blvd. 5. I Dream of Jeanie 4406 North Lamar Blvd. 6. La Femme 3502 North IH 35 7. Michelle's Massage 403 East Ben White Blvd. S. Midnight Cowboy Oriental 313 East 6th St. 9. Oriental House of Massage 3007 North IH 35 10. Pandora's 631 West Ben White Blvd. 11. Relaxation Plus Massage 2716 Guadalupe St. 12. Relaxation Plus Massage 612 Nueces St. 13. Satin Spa 6735 U.S. 290 East 14. Tokyo Spa 9601 North IH 35 #104 Time, Place, and Manner Regulation of Business Activity 15. vickie's Massages 3004 Guadalupe St. 16. Silk Lady Massage 92 East Ave. 17. New Seoul Korean Massage 8312 South Congress 18. The Casbah 9401-B South IH -35 19. The Chateau 9401-B South IH -35 20. Singletons Massage 1410 Wit 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 hose 7. Ladies of the Eighties 8. Adams Nude Modeling Resort 9. French Quarter 10. Burlesque Modeling Studio 11. Pearls Place 3701 North IH35 3615 South Congress 336 East Ben White Blvd. 629 West Ben White Blvd. 404 Highland Mall Blvd. 6528 North Lamar Blvd. 2304 South Lamar Blvd. 1023 Reinli St. 10600 Middle Fiskville Rd. 4912 North IH35 4814 North IH35 B. EVALUATION OF ADULT BUSINESS IMPACTS In order to develop appropriate recommendations for regulating adult businesses, it is essential to assess the impact of such businesses on the neighborhoods that surround them. Research conducted in other :ities suggests that adult businesses have a detrimental effect on the incidence of crime and property value. This report will assess the 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 discussion of the methodology and results of these studies, see Appendix A. Incidence of Crime 1 Methodology. 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 1 single adult business? Finally, how does the incidence of crime in `nese areas compare to crime rates for the City of Austin as a whole? Appendix B 99 This study collected data for_45 serious criminal offenses, -termed Part 1 Crimes by the Uniform Crime Report, and 21 sexually related criminal offenses. These offenses are detailed in Appendix B. The data collected represents calls to the Austin Police Department from January 1, 1984 through December 31,-1985. Crime rates are expressed as the number of reported incidents per 1000 area residents. Selection of Study and Control Areds. The selection of appropriate study and control areas was a crucial element in the objective assessment of the impact of adult businesses on the incidence of crime. Study Areas containing adult business sites were carefully selected to be representative of the adult businesses existing in the Austin area. Four study areas were selected. Study Area One includes two businesses, a modeling studio and a topless club. Study Area Wo also includes two businesses, an adult bookstore and an adult oriented film rental store. Study Areas Three and Four contain single businesses, an adult bookstore and topless bar, respectively. Table 2 Study Area Businesses Study Area 1 Burlesque Modeling Studio Pearls Place Study Area 2 Southside News Video Barn Study Area 3 . The Pleasure Shoppe Study Area 4 The Yellow Rose 4912 N. IH -35 4814 N. IH -35 2053 S. Lamar 2055 S. Lamar 610 W. Oltorf 6528 N. Lamar Blvd As noted, two of the Study Areas contain one, and the others each contain two, adult businesses. Although two adult businesses does not reflect the highest concentration of adult businesses located in Austin, this level of concentration is more representative of existing locational patterns in the City. Those areas containing more than two adult businesses were examined and found unsuitable for this evaluation. 00 Time, Place, and Manner Regulation of Business Activity { ie highest concentration of adult businesses is located just west of the university of Texas campus along West 29th Street. This area was considered unsuitable because the transient population associated with the university of Texas might 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 EasE 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 suitable control area ,with similar land uses was difficult to define. In order to draw valid comparisons, 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. Appendix B 101 MAP 2 STUDY AREA 1 � SCO G f � � � p L`,tct� r $F-3• i It f `c . 0 .. O � / p p • G O Ila 1 ''' 0 ° ° ° .' LF In 0 0OM- •,pV % I O ♦OO° Doll °A. ?%.00 444 017 ,SMUNIC 40 AF .MF 0th lot 1� .df . . xf/ Oo .I> MF _T 1 - - ° ' <<`w-4�,r / , LANG USE LEGEND :3. 10ma 1 X� C� Single Family c_ "o / [ —1 Multi Family _:✓ - ` " �\ 0! �% _ / Commercial . ; o.� �`'"o r—� f1iCe 11C ♦ t , p / t� ; Industrial 0 I Public � Park C I �y/ r Vacant Land •� osr, -/41 ��� j � Adult Business '– 1., :��� 1 Site 102 Time, Place, and Manner Regulation of Business Activity j MAP 3 'cam CONTROL. AREA 1 1 C r ( ��•�', �' �, a .. p! ..-•CS . n / a J; U/• /' � O C QS -1 cs- O ♦ / �`• ` o, �� /�• o J / .�� I� • J /_- -'!`yam ,4 f • l ,r. i. O. Cr"/ ° 1 i CIO0 S CJ 00 o I� w , •�� i �+.�/. •�� ' jo�� •sty aQ� L ••r ' 0 a: /rf- 0 IV 00, s O10, / �+ / :7F ori / . • �,,;• moi:` •-;• c 4. ` 70 0 00 c l i 0.5 �t4 : • ° Al o o '*-, r LAND USE LEGEND I i ~ a ~0 �O 00' + .• I S C� Single Family N. • ',o --� I i l Multi Family S _ • \ `,l o '� _ }� Commercial �• :� v��:r\ o ---- R Office l. o� r'� _ - •., Industrial _cG- ? o I l�:. Public 111 Park 8..41. 1.i F*41 '� / �_�. �� ;•• v n f 0 200 F--= vacant Land "1 Appendix B 103 MAP 4 STUDY AREA 2 CS MF..� "% .; o , .ASF' u '� • =� ' � �. � .,� F�5 �.:iCS,�t7 y Vol�'. Ip— _ SFS -3 .l- f• � ,, ' , '1 t SF 3 ` ' �-i ,� , CS of CS MF -3 %oQ� •3. , CS�'�':` LANG USE LE NO Single Family !!` `.� �,' �; CS 1•---� Multi Family jcommercial Office CS / r Industrial CS \% '/ Public , J Park �� Foot / / ''/�► Vacant land 0 200 / / �; Adult Business 1 / / Site 144 Time, Place, and Manner Regulation of Business Activity MAP 5 CONTROL AREA 2 . ofj , i�� •: ?0 /� Cic �� . C i. p v O.c O. �` a - � 4% r i✓ / s p Q r ` >� do - p p p O O / O 7 O a o p O O p„ S / v= _p �~ )J ��CO/ \% 0 %. fl�fl -C Ole \=' "iceI-SF !,•�;# r 100, ` 16. 40ftip - . i �� , F ND v GR � • I -SF- LAND USE LEGE N. ""' MF -3 \ L� Single Family �` =1 multi Family LR MF MF Commercial •• [� Office industrial Public U 1 Bulgy In Fottt Park 0 200 Vacant Land AppendbrB 105 MAP 6 STUDY AREA 3 C; JL C.S. MF -,3 C t -R /P 4. MF -3 SM CS L:O %:SF -s MF -3 0 0 LO -3 M -Y M F SF 5 0 -t -IS PARIC -43 ., i -C,22 SF -3 c o 0 Z, 0 CS CS of A 0 4L I z -f 4r% yg tI- �-/ I S L �,, , 4ft , LAND USE LEGEND 7 0 `(tic 3 z -v , ".. #Ic-,-N*MF 3 r-- ! / C401 4f **v Not IL Lo L R r 7 6"Is In F"t 0 200 A� Single Family Multi Family Commercial Office Industrial Public Park Vacant Land Adult Business Site i 106 Time, Place, and Manner Regulation of Business Activity MAP 7 CONTROL AREA 3 ICSH . �V1F--3 . Jp�-_-.�_\.'MF3' MRZ J- 11 IE I ..� pc .t ! 1 Q ° i TE 0 JJJ0 IW • C1 A co 0 J V .... ♦ Q LO LO SF3�`'`` y •.•► �� J/v O `ii-/v� !/ i�/\�`` �� z' F C ^C ' C` •\:/'cA II X LAND USE LEGEND LR�,� _ / / Single Family l;� \�fi�G' Multi Family ' CS N �� j _ Commercial Office .'•MF3 Industrial - LRJMF-Z' ' / �' / i'=- �� U Public , !MF -4' `! �� Perk tial• In Feet /� _ ° Zoo/��F.I ��r Vacant Land MF I .. Appendix B 107 MAP 8 STUDY AREA 4 j R. , o o. 0 LI10 :�' o.S :\ •i� ..0/ O 0. O Co / O of O � �. � •'r" � 010 0 0•\ O O • O •`` ` %� •�; G Y1 `O O l/� O O C O O' / O0/ 0 _ 0 O.1.� ••`•.� -�O O i i`•Y U G•?•� Ql N.0 / 0.o F �' moo; o _ 9,;�;�c.0 r%' °. o,/ :. ` :J 6_/o ° i 0 �O/0 7 . � - 'r • r� ;yam'-� r �,0, `j . .: <' � _. . /.-.•-:�%�� . f .\ - , �- � M _ � '•.,j� J,�\may: :, - • •� y'� 4A F-? ��. � �+' • . �,/. .; �;•-,�•, o'er' .: � - . • .� /• _ /.,• - • r� LAND USE LEGEND iFl� ` `,. `` TIti• J.!F- f ���; i 0 Single Family �- ��$ •_.�: \; ffCs__ Multi Family Commercial Ce-/ / �� 3 Office ' JCS ops 4. - industrial Public r I Park Vacant Land Seal" M Feet ' 0 200/ Adult Business Site 108 Time, Ptace, and Manner Reguladon of Business Activity MAP 9 CONTROL AREA 4 J.. `Sc\ / CS CS j ♦ CMF -3' 'SCS 700 •,rte•• . ,��,.( �' j . ;.v-�:�= / J• / /0 0 �• o o Yo 0 0 0 0 "10 �O/ O C, !� ' O 0 `p 0 0,10 J - U -j-0 70. f� 10 �! CS / �' 'f o i LAND USE LEGEND %': =../ •: ;�'R:!- �- , -�/ 0 Single Family I_ - %�• � �`l�:Ql,` .; ,••� 7 I Multi gamily -. v Commercial ` SF-: - - \ .,.•. i1;.. �_ , office > �AL •• , Industrial c -Cc !' 0 Public -.;414 In F•et ! ��:� A. c 0 Park 0 200jCs .,, �`>� Vacant Land LR i ' Appendix B 109 :;Vtjdy dill Gjnlr4)1 Area Characteristics. All of the Study and Control 1 �J(!t'45 :puri: ezatained to identify similarities. 'Mey all are circular in ,;Ikilbc will, a 1000 ' foot radius, a size of 72.12 acres, and have !.imilar - foo1Ktlation and land use characteristics. The population characteristics of each area were analyzed using block data from the 11)80 Census of Polntlation atxl housing. The results are summarized in T-ibles 3, 4, Vii, and 6. Iaixl use characteristics are summarized in 'r,thles 7, 8, 9 and 10. - Ethnicity Anglo Black ,.. hispanic Other A,le Composition Table 3 Area L Population Characteristics Study Control 69.8 68.0 + 7.9 10.4 21.5 21.5 0.8 0.1 J I Under 18 11.0 19.6 1 18 to 64 80.0 72.7 65 and over 9.0 7.5 " l y b Owner Occupancy 17.5 25.5 Table 4 Area 2 Population Characteristics Ethnicity Study Control 1 Anglo 60.9 75.2 1 Black 4.4 6.2 Hispanic 33.5 18.0 b Other 1.2 0.5 Age Composition % Under 18 24.0 20.8 % 18 to 64 62.5 71.2 1 65 and over 13.5 8.0 ti Owner Occupancy 34.7 26.7 110 Time, Place, and Manner Regulation of Business Activity } 1 TAI,I" 5 At va :3 Copil).11 loll Chat.IrLct la.lcs F:I 111lici t.y Stwly CnutLOt 1. An Ij l o 17.7 54.0 't, (t l ack U. 2.4 .. IIt!;lkallic. 64.1 42.a '!• Ot.1111t• 6.1 0 NY! Coatix)s i 1, lol I 666 1; Under 18 40.1 25.1 18 to 64 51.6 69.6 ".. 65 and -over 8.3 5.3 "a Ower Occtllklncy 27.9 48.9 Table 6 Area 4 Population Characteristics Ethnicity SWdy contcol A►lyl.0 84.4 '77..11 ;. Black 2.5 7..5 ttishlnic 12.4 19.4 ". Other 0.7 5.3 Aye Composition Ulxle r 18 16.1 21.8 q 18 to 64 69.4 0.5 65 alxi over 14.5 5.7 �• Owller Occupancy 38.2 24.8 Table 7 Area 1 Existing Land Use (in acres) Study Control Single Family 14.1 18.9 Multi -Family 3.0 1.5 Colmlle rcial 11.9 9.7 office 0.3 2.2 Industrial - - �� Public 3.9 4.4 Parkland - - vacant 1.6 0.7 Roads 37.3 34.7 ` Appendbc B :;ingle Family Multi -Family a1anI.• rr i i l sof fila' 111dust'rial Ihibl i c Packland Vacant Ponds Table 8 Table 9 Areas 2 Existing Lawl Use (in acres) Existing LaM Use Study Control 22.2 24.6 1.6 4.7 21.2 23.3 0.8 2.0 1.2 - 5.1 - 18.0 17.5 111 Table 9 Areas 3 Existing LaM Use (in acres) Study Control Single Family 19.0 34.2 Multi -Family 7.2 9.6 Ccgwne rc i a l 7.2 5.6 Office 0.1 0.4 industrial - - 01bl i c 9.3 8.2 Parkland 6.6 - 'I/acant 8.0 4.2 Ruads 14.7 9.9 111 112 Time, Place, and Manner Regulation of Business Activity Table 10 Areas 4 Existing Uind Use (in acres) Study Control Sinyte Family 25.1 22.7 Multi -Family 7..3 4.9 Commw• rc is l 26.6 15.8 Offive 1.1 5.1 Li1)ucctrial - 2.3 Public - 0.4 Parkland - - Vatant 1.6 3.7 Roads 15.4 17.2 IResults' The crime rates calculated for each St%.xiy and Control Area and for the city at large are indicated in Table 11. ( 'bible 11 Average Annual Crime Rites (per 1000 population) Part 1 Crime Rate Sex Related Crime Rate Study Area 1 181.82 8.72 Control Area 1 320.65 2.17 Study Area 2 552.54 13.56 Control Area 2 96.69 2.48 Study Area 3 128.59 4.97 Control Area 3 69.60 2.37 Study Area 4 185.77 7.91 Control Area 4 133.41 1.84 City of Austin 83.14 2.81 r I 111 Control Areas 132.23 2.21 Appendix B 113 Analysis of Table 11 reveals a definite pattern concerning sex-related :rime rates. Sex related crimes rates in Control Areas are consistently low, ranging from 65% to 88% of the city-wide average. rn contrast, sex related crime rates in the Study Areas are siihstantially higher than the city-wide average, ranging from 177% to 402% 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 & 2 281.42 10.02 .Control Areas 1 & 2 193.43 2.35 Study Areas 3 & 4 159.70 6.02 / Control Areas 3 & 4 97.44 2.21 t Real Estate Impacts Methodology. In an effort to assess the impacts 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 surrounding property values. The• first part asked respondents to indicate the effect of one adult bookstore on residential and commercial properties located within one block and three blocks of the bookstore. The second part of the survey asked respondents to guage the effect on residential property values within one block for a variety of commercial uses other than an adult bookstore. The third part 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 Southwestern Bell 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 of adult businesses on property values are tabulated in Table 13. Table 14 stumnarizes the results of the questionnaire regarding the effect of other commercial uses on property values. 114 Time, P12oe, and Manner Regulation of Business Activity Table 13 The Effect of Adult Businesses on Property Values in Austin, Texas Residential Property Three Block Radius 411 281 261 51 Commercial Property Three Block 'Radius 591 301 9% 21 ie tabulated responses in Table 13 indicate that a substantial majority (881) E those surveyed felt that an adult book store would have a negative effect a residential property located within one block. of these, 31 percent felt ,at value would decrease by more than 20 percent. A majority (691) felt that the value of commercial property within one block of the bookstore site would be negatively affected. only 6 percent felt, however, that the decline in value would be greater than 20 percent. 1 `When the distance from the adult bookstore is increased, the negative impact on property values appears to be less severe. While a majority of respondents (591) indicated that residential property located three blocks from the �bookstore would decline in value, only 5 percent felt the decline would be yreater than 20 percent and over 40 percent felt that there would be no change in value at this distance. The majority of respondents (591) felt that there would be no change in value of commercial property located three blocks from Mile adult bookstore site. Decrease Decrease Decrease No Change 1 to 101 10 to 201 201 or more _ _ _ Residential Proierty One Block Radius 121 311 261 311 Commercial Property one Block Radius 311 301 331 61 Residential Property Three Block Radius 411 281 261 51 Commercial Property Three Block 'Radius 591 301 9% 21 ie tabulated responses in Table 13 indicate that a substantial majority (881) E those surveyed felt that an adult book store would have a negative effect a residential property located within one block. of these, 31 percent felt ,at value would decrease by more than 20 percent. A majority (691) felt that the value of commercial property within one block of the bookstore site would be negatively affected. only 6 percent felt, however, that the decline in value would be greater than 20 percent. 1 `When the distance from the adult bookstore is increased, the negative impact on property values appears to be less severe. While a majority of respondents (591) indicated that residential property located three blocks from the �bookstore would decline in value, only 5 percent felt the decline would be yreater than 20 percent and over 40 percent felt that there would be no change in value at this distance. The majority of respondents (591) felt that there would be no change in value of commercial property located three blocks from Mile adult bookstore site. Appendix B 115 Table 14 The Effect of Commercial Businesses on Residential Property Values in Austin, Texas Mch Somewhat About Somewhat Much tligher Higher The Same tower Lower f'hnich , 21 161 581 241 -- tjtxjl ball -- 21 391 451 141 welfare Office — 4% 361 45% 151 Neighborhood Tavern — 91 38% 341 211 Record Store — 261 611 111 21 Medical Office 181 361 411 61 Branch Library 211 401 33% 61 — Drug Rehabilitation — 21 221 481 281 Ice Cream Parlor 61 421 46% 6% — Video Game Parlor — 161 531 311 — Adult Video Arcade -- 4% 271 281 421 Topless Bar -- — 191 231 581 massage Parlor -- — 191 231 581 Adult. Theater — — 231 21% 561 The survey also asked respondents to indicate. the effect on i residential property values if the site was used for something other than an adult bookstore. As indicated in Table 14, the majority felt - that property values would 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 type of adult entertainment business. Causes of Property Value Decline. The real estate professionals were asked to describe the effect of adult businesses on property values in general and the 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 that 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, lowering 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 would be less willing to make 90 to 951 financing available for these properties. 116 Time, Place, and Manner Regulation of Business Activity Spv,-ral respondents indicated that "pride of ownership" has an imEKirtant influence on property values. When families are encouraged to leave a residential area or discouraged from locating in a paLticular area due to the existence of an adult business nearby, a transition from a family-oriented, owner -occupied neighborhood to a more transient, renter -occupied neighborhood may result. This trend is reinforced by the reluctance of real estate lenders to make 90 to 95% financing available for residential properties in the area. With regard to the effect on commercial properties, respondents commented that commercial property values.were negatively impacted but to a lesser degree than residential properties. It was also noted that the impact of a single adult entertainment business would be less severe than the impact resulting from a concentration of businesses. Other comments indicated a negative impact on the sales of businesses 1 engaged in neighborhood trade. One respondent commented that adult entertainment businesses tend to drive out residential or commercial uses. v Those respondents who indicated little or no change in property values cited several reasons for their opinions. Several commented that adult businesses locate in areas where property values are already in decline. One comment noted that commercial properties would experience very little effect because most commercial properties are encumbered by long term leases. Another respondent stated that there is no market evidence that values will change. In summary, most appraisers and lenders believe that adult businesses will contribute to a decrease in surrounding property values, particularly residential properties within a one block radius. The appraisers opinions will affect property values because their lending and appraisal policies will, to some extent, determine property value. C. TRADE AREA CHARACTERISTICS The use of zoning authority businesses implies that these zoning districts. In order to assignment of these businesses understanding of their trade Specifically, it is useful to adult businesses clientele is dra from a larger regional area. Methodology to regulate the locations of adult businesses will be limited to certain make appropriate recommendations for to specific zoning districts, an area characteristics is important. know if a substantial portion of the wn from the immediate neighborhood or In order to establish the extent of an adult business trade area, a method of determining the location of customer residences must be employed. The method selected for this evaluation was the observation of vehicle license numbers. It was assumed that addresses listed on the vehicle registration reflected the location of the customers residence. Appendix B. 117 118 Time, Place, and Manner Regulation of Business Activity Appendix B 119 �• �� � rrt L �y ^' T 44 XZU -.it _ ��t�Y/�u��� _ • , ,;fes ._ �l./ ,• _ iui�tl` �p��f+g-j� ;!1 Z 1(, ��f r s •JI t,�E .�•! �� - 'wl— y„( '..... �! �� r:i — ,��(!i• 1=' ,�•; ��-.( ''i •:�� Utz. .T 1!'�4'� :��`r� J � •/1 •� .. •,.II'• �,:- �''� :" � �� � �:� � �-j tins .;a Z � �.�: � � ( _ � I - yf' ' ^ .,:« •�'� � •L �. -�; J � .�r))`�• -y r��i �. � _ i'`.' IJ(� i�'1 � �'•3' — I i �� t- \ • "ate( r- •.� l'�'� �1 j�l�, r•/.:-7��.F� �• ~- ,� • P �•�Ct Sri .;, �t'� t j � / •' I '� Yom" �v � I � ,— . lit • s _I � L.11?//��y�•. - ,1 l._i_ �.. << t – .�• — .. � � �'�� MAP 12 : �- •,,; ; � , Ei•� v ' S-=r�1 '�/ YELLOW ROSE 652a NO. LAMAR +•: . { ! _ I , • �* 1 r�; ' r ' . r ♦ AwtM Area Business Patron Out Of Town Business Patrons ♦Vaeo, IX. ♦tsltoe. Tx.— ♦Haeoc. Tx. ♦t'clandauood. U. +Giddings. Tz. ♦♦sae Antonio. Tx. — • ♦Noctan. Tx. ♦Cocpua Christi. Tx. ♦Nldlaad. Tx. ♦!t. Arthur. U. *Dallas. Tx. *Garland. Tx. - ♦►arstagcon. Tx. *Pittsburgh. !a. - ♦C•dar lark. U. ♦Houstaa. Tx. \ , ♦Libarty Hill. Tx. ♦ Elsie. Tx. 1-7 *Dole. Tv. ♦bund Rock. Tx. ♦Bertram Tx. ♦Del vale. Tx. _ `.%I I I V I -- 1 120 Time, Place, and Manner Regulation of Business Activity s • Three adult business sites were examined, an adult theater, an adult bookstore, and a topless bar. Due to study, constraints, observation J of these sites was limited to a single weekend night. It is believed, however, that the results of this examination reflect a reasonably Iaccurate representation of the trade area of each business. Results The general location of customer residences was plotted on a map along with the location of the observed adult business. Addresses located outside of the Austin area or not found on the map are listed on the j map legend. Maps 10,11, and 12 illustrate the residences of observed J customers with respect to the adult business surveyed. These. maps indicate that the location of customers is fairly evenly distributed throughout the City, particularly in the case of the topless club, (Map 12). None of the three businesses observed appear to attract a significant number of customers from the immediate neighborhood. of the 81 observations made only.3 were located within a one mile radius of the adult business. It should be noted that all of the adult businesses studied had single -family -residential neighborhoods in the immediate vicinity. 4lmost half (44 percent) of the observed customers resided outside of the City of Austin. Table 15 summarizes this analysis for each of the Adult businesses. Table 15 Residence of Observed Customers I_ Adult Theater Adult Bookstore Topless Bar within Austin 8 4 34 ' Outside of Austin 6 7 23 ITotal 14 11 57 r i Appendbr B 121 CHAPTER IV CONCLUSIONS A. CRIME RATES The results of this study indicate that there can be significant detrimental impacts on neighborhoods located 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 VALUES The results of the assessment of the impact 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 appraisers 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, renter -occupied neighborhood. The results of the survey of appraisers 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 AREA CHARACTERISTICS 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 immediate 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 other regionally oriented commercial service businesses. D. RECOMMENDATIONS zone Districts The analysis of the trade ar revealed that they tended tc clientle. This finding suggests regionally oriented commercial usually located along heavily interstate highways, and a neighborhoods. Commercial zo regional orientation include CBD extent, the GR, L, MI, and LI zo ea characteristics of adult businesses attract a regional rather than local that such uses should be restricted to zone districts. These districts -are traveled streets such as arterials and I' re not normally near single-family I ne districts that are designed for a , DMU, CH, CS and CS -1 and to a lesser ne districts. 122 Time, Place, and Manner Regulation of Business Activity The assignment of proper zone districts must also consider the type of adult business. Adult Entertainment Businesses, (including bookstores, theaters, and film stores) represent a form of free speech which is protected by the First Amendment. Regulation of these uses j must not unduly restrict freedom of speech. Adult service Businesses, j such as massage parlors and modeling studios, are not as sensitive to First Amendment issues. Adult Entertainment Businesses are recommended in the GR, L, CBD, DMU, CS, CS -1, CH, MI, and LI zone districts and Adult Service Business are recommended in the L, CBD, DMI, CS, CS -1, and CH zone districts. Conditional Use Permits The conditional use permit process offers a viable method of regulating adult businesses by providing an extra degree of review needed to address the potential impacts adult businesses generate to I surrounding neighborhoods. Unlike traditional zone district regulations, conditional use permits require site plan review, thus affording additional analysis and control. I Austin's current zoning ordinance prohibits adult businesses from locating within 1000 feet of any property- zoned or used as residential. This provision led to the invalidation of the ordinance in the suit initiated by Taurus Enterprises because it was found that almost all commercially zoned property is, in fact, located within 1000 feet of residential property. This is particularily true in I older areas of the City where narrow strip commercial development is flanked by residential use. This restriction should be eliminated from the ordinance and the issue of neighborhood protection should be addressed via the conditional use permit. I Conditional use permits are recommended in the GR, L, DMU, MI, and LI zoning districts for Adult Entertainment businesses and for Adult Service businesses they are recommended in the L, DMI, CS and CS -1 zone districts. See Table 16 for a summary of these recommendations. Table 16 Zoning Summary IGR L CBD DMU CS CS -1 CH MI LI Adult Entertainment Businesses C C P C P P P C C IAdult Service Businesses - C P C C C P - C - Conditional Use P - Permitted Use Appendur B . 123 Dispersion of Adult Businesses The analysis of sex-related crime rates revealed that when more than one business was located in a study area, the crime rate was 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 should be continued. E. POTENTIAL LOCATIONS The available use district maps were examined to identify potential locations where new adult entertanment business.would be permitted to establish. Although the available maps do not provide full coverage of the city, the most heavily urbanized sections of the city were examined. 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. Adult entertainment businesses would be allowed as a conditional use on an additional 3328 parcels. These locations are located throughout the city and offer extensive sites for the establishment of new adult entertainment business. Permitted locations were found on approximately 110 use district maps, which comprise well over 901 of all maps examined. The maps will be retained on file in the Office of Land Development Services, 301 West Second Street, Austin, Texas 78767. F. CONCLUSIONS Implementation of the above recadmended 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. 124 Time, Place, and Manner Regulation of Business Activity Appendix A Analysis of Adult Business Studies in Indianapolis, Indiana and Los Angeles, California. A. INDIANAPOLIS, INDIANA In February, 1984, the a report entitled Adult Anal sis. This repor Division of Planning in Indianapolis Entertainment Businesses in=IndianaD impact of adult business upon the surrounding area in terms of crime rates and real estate values. Incidence of Crime Methodology. The Indianapolis study assessed the impact of adult entertainment businesses on crime rates by researching six areas containing adult businesses and six similar areas containing no adult businesses. The six Study Areas were selected from among the forty three adult business locations. The criteria used to select the Study Areas were their zoning mix, population size, and the relative age of their housing stock. The Control Areas (having no adult businesses) were chosen on the basis of their proximate location to the Study Areas and their similarity in terms of population size and zoning mix. Of the six Study Areas, two consisted primarily of residential zoning, two consisted primarily of commercial zoning, and two contained a mix of both residential and commercial zoning. All Study and Control Areas were circular in shape with a 1000 foot radius. The Indianapolis study evaluted crimes in the Study and Control Areas for the years 1978 through 1982. The study compiled all reported incidents to which police were dispatched. ' These data were assembled into two groups: Major Crimes and Sex -Related Crimes. Major Crimes included Criminal Homicide, Rape, Robbery, Aggravated Assault, Residence and Non -Residence Burglary, Larceny, and Vehicle Theft. Sex -Related Crimes included Rape, Indecent Exposure, Obscene Conduct, Child Molestation, Adult Molestation, and Commercial Sex. Results. The evaluation found that for both the Study and Control Areas, the rate of major crimes was higher than the corresponding rate for the Indianapolis Police District as a whole. The average annual rate for major crimes in the Study Areas was 23 percent higher than the corresponding rate in the Control Areas. Comparison of the rates for sex-related crimes indicated a considerably larger difference between the Study and Control Areas. The average annual rate for sex-related crimes in the Study Area was 77 percent higher than the corresponding rate in the Control Area. The study also found a strong correlation between the crime frequency and the residential character of the Study areas. Crime rates were 56 percent higher in .predominantly residential areas than in predominantly commercial areas. The study found a more acute difference regarding sex-related crimes. sex-related crimes occurred four times more frequently in predominantly residential areas than in areas that were substantially commercial in nature. Appendix B 125 Feal Estate Impacts Nethodology. The Indianapolis report also evaluated the impact of .adult businesses on property values. The report approached the evaluation from two perspectives. The first approach compared the residential property appreciation rates of the study Areas to those of the Control 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 -"best 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 Summaries of the 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 opinions of members of the American Institute of Real Estate Appraisers (AIREA). The survey sample was 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 MAI (Member Appraisal Institute) designation, who practiced in the 22 Metropolitan Statistical Areas similar in size to Indianapolis, was compiled. The survey questionnaire was formulated to solicit information concerning the effect of adult businesses on residential and commercial property located within one to three blocks of the business site. Results. The report adopted the following conclusions regarding the appreciation of residential properties. First, residential properties within the Study Areas appreciated at only one-half the rate of the Control Areas and one-third the rate of Center Township (representing the performance of the market at a broader scale). Second, while residential listing activity declined 52 percent in the Control Areas and 80 percent in Center Township, in the Study Area listings increased 4 percent. The report found that "twice 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 in question". The tabulated results of the professional appraiser survey are depicted in Table 1. From these results, the report concluded that: 1. The large majority of appraisers felt that there is a negative impact on residential and commercial property values within one block of an adult bookstore. 2. The negative impact decreased markedly with distance from the adult bookstore. At a distance of three blocks the negative impact was judged by appraisers to be less than half that when compared to a distance of one block. 126 Time, Place, and Manner Regulation of Business Activity r :he majority felt that the negative impact was greater for residential properties than for commercial properties. Table I Effect of Adult Businesses on Property Values in Indianapolis, Indiana Decrease Decrease Decrease N6 change Increase Increase 201 or 10 to 1 to 1 to 10 to more 201 101 101 201 Residential Property one Block Radius 201 National Survey 21.3 24.5 34.1 20.1 0.0. 0.0 1001 MSA I Survey 19.0 25.4 33.6 21.1 0.9 0.0 Commercial Property I One Block Radius f 11 National rvey 10.0 19.3 42.6 28.1 0.0 0.0 (1001 MSA Survey 9.5 20.3 - 39.9 29.9 0.9 0.4 (Residential Property Three Block Radius (201 National Survey 1.6 9.3 25.4 63.3 0.4 0.0 1001 MSA Survey 2.6 7.8 28.9 60.3 0.4 0.0 Coomrcial Property Three Block Radius ,201 National Survey 0.8 5.2 16.5 76.6 0.8 0.0 1001 MSA rvey 2.2 3.9 16.8 75.9 1.3 0.0 Appendix B 127 'r:ie Indianapolis appraiser survey included a question 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 question. 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 neighborhoods; and the feeling that the effect of only one adult business would be inconsequential. one half of the respondents projected a substantial to moderate negative impact on surrounding property values. Their responses were based on the feeling: that adult businesses attract "undesirables" to the neighborhood; that adult businesses create a bad image of the area; and that this type of use offends the prevailing community attitudes thus discouraging homebuyers and customers from frequenting the area. Twenty percent of the respondents indicated that the potential impact on surrounding property values was contingent on other variables. 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 commercial 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 that other adult businesses would be attracted to the area. In June, 1977 the Angeles published a Concentration of Adult B. IAS ANGELES, CALIFORNIA Department of City report entitled S, Entertainment Estab. Planning of the City of Los udv of the Effects of the An eles. The study includes an evaluation of 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 Hollywood proliferated from 11 to 88 establishments. C 128 Time, Place, and Manner Regulation of Business Activity Results. The City•s study monitored trends in Part 1 crimes. Part 1 i crines include homicide, rape, aggravated assault, robbery, burglary, larceny, and vehicle theft. The number of reported incidents of Part 1 crimes in the Hollywood area increased 7.6 percent from 1969 to 1975. This was nearly double the citywide average increase of 4.2 percent for the same time period. This report also monitored Part I crimes committed against a person (as opposed to those committed against property) and found that they increased at a higher than average rate in the Hollywood Area. Street robberies and purse snatchings, where in the victims were directly accosted by their assailant, increased by 93.7 percent and 51.4 percent, respectively; compared to the city wide average increase of 25.6 percent and 36.8 percent. The increase in arrests for Part II crimes indicated an alarming differential between the Hollywood area and the city as a whole. Arrests for these crimes increased 45.5 percent in the Hollywood area but only 3.4 percent city wide. Prostitution arrests in the Hollywood area increased at a rate 15 times greater than the city average. while the city showed a 24.5 percent increase, prostitution arrests in Hollywood increased 372.3 percent. In 1969, arrests for prostitution in the Hollywood area accounted for only 15 percent of the city total; however, by 1975 they accounted for over 57 percent of the total. In the Hollywood area pandering arrests increased by 475 percent, which was 3 1/2 times greater than the city wide average. In 1969 pandering arrests in the Hollywood area accounted for 19 percent of the city total. By 1975, the share had increased to 46.9 percent. The Los Angeles Police Department increased their deployment of police personnel at a substantially higher rate in the Hollywood area in response to the surge in crime. The, report emphasized that sexually -oriented business either contributed to or were directly responsible for the crime problems in the Hollywood area. Real Estate Impacts Methodology. The study prepared by the City of Los Angeles utilized a two point approach in evaluating the impact of adult businesses on surrounding property values. The primary approach sought to establish the impact on property values by monitoring changes in assessed value from 1970 to 1976 for selected areas having concentrations of adult businesses and for appropriate control areas. The report selected five- study areas containing 4 to 12 adult entertainment businesses. Three study areas were in Hollywood and the other two were in the San Fernando valley. Four control areas, having no adult businesses were selected. The study examined property assessment data, U.S. census data, and other pertinent information to determine the rate of appreciation over the six year study period. The rates for the Study Areas were compared to the rates for the Control Areas to gauge the impact of adult businesses on property values. Appendix B 129 7be second approach of the study used survey questionnaires to subjectively establish the impact of adult businesses on surrounding tenidential 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 Association of Realtors having offices in the vicinity of the Study Areas. The second questionnaire was distributed to all. property owners (other than single family residential) within 500 feet of the Study Areas. The results of these surveys were supplemented with input from the general public obtained at two 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. However, the report noted that in the opinion of the planning 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 questionnaire was distributed to 400 real estate professionals with 20 percent responding. The results can be summarized as follows: 1. 87.7% felt that the concentration of adult .businesses would decrease the market value of business property located in the vicinity of such establishments. 2. 67.9% felt that the concentration of adult businesses would decrease the rental value of business property located in the vicinity of such establishments. 3. 59.3% felt that the concentration of adult businesses would decrease the rentability/salability of business property located in the vicinity of such establishments. 4. 72.8% felt that the concentration of adult businesses would decrease the annual income of businesses located in the vicinity of such establishments. S. Over 90% felt that the concentration of adult businesses would decrease the market value of private residences located within 1000 feet. 6. Over 86% felt that the concentration of adult businesses would decrease the rental value of residential income property located within 1000 feet. 7. Almost 90% felt that the concentration of adult businesses would ' decrease the rentability/salability of residential property located within 1000 feet. 130 Time, Place, and Manner Regulation Of Business Activity R•.spondents to the appraisers' sufvey Commented that the adverse effects are related to the degree of concentration and the type of a-lult business. They indicated that one free standing adult business miy have no effect. A few comments indicated that property values and lrisiness volume might increase for businesses that are compatible with adult entertainment businesses (e.g.: other adult businesses, bars). A high percentage of appraisers and realtors commented on the adverse effect of adult businesses on neighborhood appearance, litter, and graffiti. The survey of property owners indicated that almost 85 percent felt 1 that adult entertainment establishments had a negative effect on the J sales and profits of businesses in the area. Over 80 percent felt that adult businesses had a negative affect on the value and appearance of hones in the area immediately adjacent to such businesses. Area property owners and businessmen cited the following adverse effects resulting from adult entertainment establishments. 1. Difficulty in renting office space. 2. Difficulty in keeping desirable tenants. 3. Difficulty in recruiting employees. 4. Limits hours of operation (evening hours). S. Deters patronage from women and families. I6. Generally reduces business patronage. Respondents emphasized their concerns about the high incidence of I crime. A high percentage of respondents commented that the aesthetics of adult businesses are garish, sleazy, shabby, blighted, tasteless, and tend to increase the incidence of litter and graffiti. 'testimony received at the two public meeting on this subject revealed that there was serious public concern over the proliferation of adult entertainment businesses, particularly in the Hollywood area. Citizens testified that they are afraid to walk the streets, particularly at night. They expressed concern that children might be confronted by unsavory characters or exposed to sexually explicit material. Appendix B 131 Appendix B TYPES OF CRIMES Part 1 Crimes Murder Capital Murder Criminal Negligent Homicide/Non-Traffic Criminal Negligent Homicide/Traffic Involuntary Manslaughter/Traffic Justified Homicide Sexual Assault Attempted Sexual Assault Aggravated Sexual Assault Attempted Aggravated Sexual Assault Rape of a Child Attempted Rape of a Child Aggravated Robbery/Deadly Weapon Attempted Aggravated Robbery/Deadly Weapon Aggravated Robbery by Assault Robbery by Assault Attempted Robbery by Assault Attempted Murder Attempted Capital Murder Aggravated Assault Aggravated Assault on a Peace officer Deadly Assault Serious Injury to a Child Arson with Bodily Injury Burglary of a Residence Attempted Burglary of a Residence Burglary of a Non -Residence Attempted Burglary of a Non -Residence The f t Burglary of a Vehicle Burglary of a Coin -Operated Machine Theft from Auto Theft of Auto Parts Pocket Picking Purse Snatching Shoplifting Theft of Service Theft of Bicycle Theft from Person Attempted Theft Theft of Heavy Equipment 'Theft of Vehicle/Other C I 132 Time, Place, and Manner Regulation of Business Activity, to Theft -tempted Auto Theft Unauthorized use of a vehicle Sex Related Crimes Sexual Assault Attempted Sexual Assault 1 Aggravated Sexual Assault J Attempted Aggravated Sexual Assault Rape of a Child Attempted Rape of a Child Prostitution Promotion of Prostitution Aggravated Promotion of Prostitution Compelling Prostitution Sexual Abuse Aggravated Sexual Abuse Attempted Aggravated Sexual Abuse Public Lewdness Indecent Exposure sexual Abuse of a Child -tempted Sexual Abuse of a Child Jecency with a Child rest Solicitation Appendix B 133 Appendix C �- COMPOSITION OF STUDY & CONTROL AREAS BY ZONING DISTRICT Area One Area Two Area Three Area Four Study Control Study Control study. Control Study Control 1 -SF -3 2.92 SF -3 18.78 26.97 25.43 22.31 33.26 47.29 22.49 22.39 SF -3-H MF -2 3.30 2.64 .77 2.32 1.72 _N MF -3 .94 1.93 1.38 7.88 2.64 1.03 1.00 1 MF -4 .28 2.69 MF -5 LO 4.47 1.45 .57 1.17 2.72 1.02 GO .43 4 CS 13.90 15.88 26.54 13.06 10.31 1.21 13.16 24.99 l CS -1 1.12 .78 .34 .40 15.44 1.55 CS -H GR .98 .34 7.40 2.27 1.12 .77 1.55 LR .54 .89 .37 3.78 LI 3:62 AVIATION 3.05 UNZ ROAD ROW 22.59 22.33 17.65 20.53 14.51 12.74 17.51 14.34 TOTAL 72.12 72,ol2 72.12 72.12 72o12 72.12 72.11 72.12 134 Time, Map, and Manner Regulation of Business Activity Appendix O QUESTIONNAIRE Please complete this brief survey and return it to the Office of Land Development Services by December 4, 1985. Read the following information about a hypothetical neighborhood and respond to a few questions in terms of your professional experience and judgement. A middle-income, single-family residential neighborhood borders a main street that contains various commercial activities that serve the neighborhood. There is a building that recently has become vacant anti will open shortly as an adult bookstore. There are no other adult bookstores or similar activities in the area. There is -no other vacant commercial space presently available in the area. Please indicate your answers to questions 1 through 4 in the blanks provided using scale A through G. Scale: (A) (B) (C) (D) (E) (F) (G) Decrease 20% or more Decrease more than 10 A Decrease from 0 to 10% No change in value Increase from 0 to 10% Increase more than 10% Increase 20% or more but less than 20% but less than 20% 1) How would you expect the average values of the single-family residential property within one block of the bookstore to be affected? 2) How would you expect the average values of the commercial property within one block of the bookstore to be affected? 3) How would expect the average values of the -single-family residential property within three blocks of the bookstore to be of ect ? 4) How would you expect the average values of commercial property within three blocks to affected? 5) Suppose the available commercial building is used for something other than an adult bookstore. For each of the following potential uses, would the average value of the residential property within one block of the new business be: (A) much higher; (B) somewhat higher; (C) about the same; (D) somewhat lower; or (E) much lower; than if an adult bookstore occupied the site. Appendix B 135 Store -front church Drug rehabilitation center Pool hall Ice cream parlor Welfare office Video -game parlor Neighborhood tavern Adult Video Arcade Record store Topless -Bar Medical Office Massage parlor Branch Library Adult Theater 6) in general, to what degree do you feel adult entertainment butinesses affect property values? I 7) Why do you feel this way? I 6) Are you affiliated with a professional real estate appraisal organization? If so, please specify. OPTIONAL: Name and Name of Firm i RA 8 EXHIBIT A TO AFFIDAVIT OF MICHAEL J. CAHILL: RECEIVED STUDY AND RECOMMENDATIONS FOR ADULT ENTERTAINMENT BUSINESSES .t' IN THE TOWN OF ISLIP F -Dc P.1L .NAY ( pp RA 8 - RA 113 ) CITY ATTORNEY STUDY & RECOMMENDATIONS for ADULT ENTERTAINMENT BUSINESSES In the TOWN OF ISLIP Study H Prepared by: TOWN OF 4SLIP Exhibit 1 #12 Department oXonning & Development Septes-ker 23 , 1980 RA 9 AMENDMM I of the ConstizaJon of the United States part of The ffill of Rights adopted December 154, 1971 Religious establishment prohibited. Freedom of syeech. of the press, and right to petition . Congress shall maka no law respecting an establishment of religion, or prohibitiag the free wwrclse thereof: or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievance. RA 10 1 , L%"MQDCCTION This report. studies ;he etects o: adult entertal'ament or sex businesses (both terms are used interchangeably throughout this report) on surround:ns 1- users, both residential and commercial. Materials or entertainment oppor- tunities offered at these businesses are not a concern of this report. ;he j preservation of neighborhoods is the concern. T:A placement of businesses i which have deleterious effect on surrounding uses would be contrary to his concern. I planning relies heavily on public participation, both by federal govern- ment mandates and by professional standards. The principle being that those persons living in an area s told have control over its development, creating a distinct neighborhood quality reflective of their needs and desi m s . The planners role is to facilitate, orchestrate, consolidate, and mediate various groups to insure that the communities goal is achieved. This prin- ciple is especially true in a suburban environment with almost all land i owned by individuals residing in the area. They are interested in their com- munity and is protecting it from uses they perceive as deleterious. The most common manner of protection being complains+ to the local government. The risingtde of resentment of surrounding residents and businessmen ung to new adult entertainment businesses has nit its apex in the first half of 1980. Beginning with the establishment of an adult book store in Islip Terrace, public resentment has focused on location of these establishments. The Islip Terrace store adjoined a` residence and was directly opposite cther single-family homes. A great outpouring of neighborhood resentment c:1- minated in having the building's owner evicting iris tenant. In Bay Shore, the Community Development Agency, after purchasing a building in the Zowntown area conta.ini,ng an adult book store, administered the building in such a manner which resulted in the business moving? It did move . directly across the street, next to an adult theatre, rekind- ling public mseatment once again (see Appendix A for documentation) . The catyliat for this study can be deemed the Bohemia Adult Book Stare, • formerly a Pancake House. The new business owners began modifications of the structure which included the closing of windows. General public and goverrsmerrml suspicions as to the use of the su%c rs were proven when a combination adult book store/peep show opened. A case study of the Bonem:a Book Store is contained in this report. 1Reported by the President of the Old Islip Terrace Civic Association. 2 -'Adult' Shop Chased But Not Very Far", Newdwy, August 2, 1980. RA 11 apreared :: t::.ese -ew fac:!=-es-a;.::ca::a:.t: ;.--Zteas w- ...C. 1� resulted in public reser.=ent. The need for examirinq all adult entertain - 1 went establishments ir. !slip to determine what conditions caused pudic resentment and w. a: did no: was considered to be essen".la! :o the develop- ment of regulamors desi;ned to address "the places at wiuct. this type of expression may be presented, a restriction that does not irterfere with con- tent" .3 The case study examines resident concerns in fine detail for one �- establishment and highUghts the publics concerns on locational problems rattier that content of ;.his establishments materials. PERSPECTIVE On October 16, 197S, when the New York Times published an article entitled "Islip is Planning to Establish and 'Adult -Entertainment Zone' the first attempt by the Town of Islip to regulate sex businesses was brought 1 to the public's attention. On October 20, 1975, after a stoney reception and nationwide publicity, the Times reported •Islip Drops Plan for Pornog- raphy Zone". Similar in intent to zoning ordinances in Boston and Minnapo lis , the proposed 1975 Ordinance was designed to contain adult entertainment within an area designated through conformance with prescribed criteria. ,Public response was overwhelmingly negative, not to the attempt to regulate sex related business, but to the possible creation_ of what was described as such zoning (that) would lead to pockets of perversion all over the place 1, In March of 1976, .:.e Detroit "Arta: -Skit -how Orc:,nac; r" which sex - rated "regulated businesses"(sex businesses) from each other and residen- al zones was upheld -.v the United States Supreme Court. no Detroit "Skid Fmw Ordinance" is based on observations of the types of businesses which have a degrading effect on surrounding properties. T�.ese businesses I were identified as beirs: bars, pawnshops, public lodging :souses, and adult entertainment businesses. Currant legislation in the Town of Islip regulates bars and public lodg- ing houses. It has been proposed that sex businesses or adult entertainment businesses also be regulated in a manner siz".i]ar to that which Detroit adop-ted, to prevent the deterioration of neighbor:�.00d quality in tae Town of Islip. I3 Mr. justice Powell, t . S . Supreme Court, 44 U . S . L. W . S007 1 RA 12 Studies and ordinances of other junsdictors4 were reviewed and !Ind - inns appropriate to the subcrben Islip Town experience have been Lacorpor- ated into this report and noted accordingly. During this research period, meetings between the Planning Department*, Town Attorney's Of fice, Town Board and :he Supervisor were held. It was detarmined that the Town of Islip would base its ordinance on Supreme Court an: lower court rulings, 1 and furthermore, base the ordinance on the Detroit Anti -Skid Row Ori.:aancs which dispersed sax businesses (see perspective for historical basis of this decision and. Appendix 8) . Secondly, the Bohemia Book Store and public reaction were studied primarily using newspaper articles and supplimented using unsolicited letters of complaint from residents. Information related to material sold at this establishment was ignored as it was not relevant to this study. The research of this book store allowed for the creation of a case study which could then be used to determine what locational factors were respon- sible for the outpouring of neighborhood residential opposition. In the third section of this report, adult entertainment businesses were surveyed and inventoried by hamlet. Condition.of the physical plant, its compatability with the proposed ordi_nanca , and surrounding land uses were 1 noted by compass point. As the propcsed ordinance acturately reflects the findings of t: -is repon is is -contained In the appendix along with other jurisdictions' ordinances (see Appendix C) . ORLIIrA_NCr"S. O:' a►TFER ?VRMDICTIONS STGDIED Richt to Use Zoning to Regulate Sex &rsinesses The June 23, 1976 mung in favor of the Detroit ordinance which pre- vented restricted uses from locaring within 1,000 feet of one another and r S00 feet from a residentially zoned district states; We have no doubt that the municipality may control the location of theaters as well as the. location cf 4Detroit, Michigan: Norwalk, California; Dallas, Texas; Prince George's County, Maryland; and New Orleans, Louisiana. RA 13 rt e: ccmme:cial eszac`:s-_—e.ts ei::.e::y them to certain specified commercial zones or by requiting that they be dispersed throughout the city. The more fact that the commercial exploitation of material protected by the first amendment is subject to zoning and other licecsi: q requirements is act a sufficient reason for invalidating these ordinances ....The city's interest in planning and regulatioq the use of property for commercial purposes is clW.y adequate to support that kind of restriction.... in short, apart from the fact. that the ordinances treat adult theaters differently from other theaters and the fact than the classffication is predicated on the con- tent of material shown in the respective theaters, the regulation of the -place whom such films may be exhibited does not affend the first amendment. S Definition of Restricted Vses A major argument concerning the defjaiticns in the Detroit Ordinance was made by the attorneys for_the plaintiff (operators of the restricted use). Although the court ruled in favor of Detrodt's Definitions (44 V . S . L. W. 5001), the Town of Islip's Adult ent Ordinance uses definitions recommended by the American Society of Planning ' Mcials (now the Amer- , ican Planning Association) . "By using age restriction, communities can rid themselves of the generai?y vague content defi- nitions. They can also rid themselves of the sometimes arbitrary Judgmeass which art- the common result of using poor efeAnitions. It is important to remember that :he Supreme Court was not passing judgment on the quality of Detroit' s definition. They merely found the definition adequate to the specific case time consideration. That is quits a bit different froaa a judicial blessing on the .definition itself. 06 SMr. justice Stevens majority opinions published in 44 Z.S.L.W. 4999- 5013, June 23, 1976, p9s. 5002-3 I6American Society of Planning Qffldals publication entitled Regulating Sex Businesses, published May 1977, pq. 11 I d RA 14 The tct:.:s-only de:t.-=ior.:ec=ended ;..e :r filed ir -=.e :s:;; ,own ordinance avoids emphasis on the content o: material, thereby avoiding Constitutional questions based on the First Amendment, and allowing ponnographie uses to deiiae themselves. Separation Standards Detroit, Mi. Norwalk, Ca. Dallas, Tx. Prince George's County, Md. New Orleans, La. Proposed Islip Town, N.Y. from: Dhurches, Schools, or other like public Soo ft. — 1.000 ft., Soo ft. S00 ft. 10000 ft. 10000 ft. 10000 ft. l , 000 fO Soo ft. — 1,000 ft? Soo ft. Soo ft. 2,640 R. lcan be waived if applicant proves that such business would result in creation of a "skid -row" district hrom the nearest property line 3 can be waived *if 51% of surrounding property owners agree The major problem in the establishment of development standards, notably distance criteria, is that such distances can be overly restrictive, thereby resulting in an attempt to zone the sex business out of the commu- nity. An attempt to do so would certainly result in a court challenge as the rights quaranteed by the First Amendment of the United States Constitu- tion would have been suppressed through zoniM. To develop standards for the Tows cf Islip, various distance proposals were =apped on soainq maps in the attempt to establish an ordinance which would meet with' approval by the Town Hoard and the general public and at the same time allow substantial areas for the development cf adult entertainment businesses. Distance `_nom Residential and Public Facilities The 500 feet requirement is identical to that of three other municipal- ities, and less than two other munic1palities that were studied (see Char: 1 above) . RA 15 Own .:.is :is, ar:ce re.;.:irement :s ;:ea:e: a: , o• -e - .-Y I required in the Town ordinance, it is not in reality more restrictive. Indus- trial 11 zoning in Islip, although its distance requirements are less, by mapping this district , it is separated from residential uses by other more l� restrictive zones. In virtually no case do :he distance :equirements benrve__ J Indust.-ial II and residential areas actually occur. It is proposed that these requirements be revised to accurately reflect e.;ds=q conditions. In this �- manner Industrial 11 will as in reality, have the greatest separation stand- ards between it and residential uses. The S00 feet requirement for separation accurately reflects the sepa- ration needs of adult entertainment businesses and residentW uses based l on the case study 'Me Bohemia Book Storen; the individual analysis of l sites; and letter from residents (contained len the Appendix) The Half -Mile Separation Reavirement Sunrise ffighway in Islip Town presents a different situation and need for a greater separation requirement than that experienced by other juris- dictions. 7 Upon studying development on the south side of Sunrise Highway (ear: �. bound) from the and of the limited access portion (just west of Saxon Avenue; . to Oakdale -Bohemia Road in Oakdale, one finds approximately 22 shops and two shopping canters, Models and Marshalls. Of :hese stores, five (r. or 23 % 'are adult ' entertainment oriented. As the study area is about S.S. ml.les, adult wnter.=i-rnent businesses are :orated on the average of 1.1 miles apart. ±his means a person eve: ling the posted speed "Taft would pass a sex business approximately once every minute for five minutes. Due to the sparse development on Sunrise igbway and that the exist•:&: deve! opment is close to the right-of-way, these businesses tend to be high.!y visable to the passing public. Although the proposed requirement has no affect on the existing businesses, it does prevent the riling of • sex businesses along Sunrise Bighway, which would hindet the creation of a vi,sable conca=ation of sex businesses to the passing public and the creation of a 'Combat Zone' 8 'Volume 7d Town of Islip Comprehensive Plan , Islip- est Is!ip-Islip Terrace - Great River -North Great Rive_, pg. 147 entitled 04.3.5 Other Commercia: Areas • n The colloquial name of the adult entertainment d:stric: (a concentration of such uses in Boston which has not been test&: is the courts) RA 16 :::s - a _r:essec-..e::t zf :own Sour and ::e pu:::c, -=sed or. - e prop03ed 1975 or=ance (see Appendix) , to avoid a concentration of such uses. It is the intent of the proposed Adult Entertainment Ordinance to separate sex businesses in a manner similar to that found constitutional In Detroit. Detroit, a city with a 1970population of 1,500,000 and a density of 10,714 persons per square mile, separated businesses by 1,000 feet. As their concern centered around more urban concentrations of businesses in the city, whom concentrated development occurs with standard 20 feet store fronts which means as many as SO stores could Lie between uses. On Sunrise Highway, in the study strip only, 19 stores lie between S sex busi- nesses for an average of 4.75 stores. As Detrodt's posted speed limit is anticipated to be 30 miles per hour, it would take about twice as long to 90 1#000 feet in Detroit as it does on Sunrise Highway in Islip. In brief, the speed limit differential at SS miles an hour would equate into a distance of about 2,000 feet similar to the 2,640 feet proposed in Islip. An additional difference between Islip and Detroit lies again in their Irespective suburban -urban differences. When many main roads would parallel each other in Detroit, Sunrise is paralleled by only one similar such read, the Long Island Expressway which has no sex businesses along it in Islip Town: Industrial I Zone Reauirement_ The indust-ial I zone represents primarily light manufact=-�.g and ware- housing type industries. Retail. outlets are allowed. eXU= sex businesses in Islip, six (6) or 43% are cu.-ru located in Industrial I zones, or on to rezoned Industria -1 I. A major reason for this requirement was to prevent skid row effects in the Historic Downtowns of Islip. Virtually no land in these Downtowns is zoned industrial. it has been the Town's exW4eaca that the historic down- towns, which are identifiable with both their residential communities and school districts, are in a vulnerable position. This condition was caused in part to their loss of importance in retail shopping activities to shopping malls and other auto -oriented shopping areas. The vulnerability and its corresponding effects are personified in Downtown Bay Shore, although other downtowns have decayed. including Islip Terrace, Central Islip and Brentwood. 9The density of the Town of Islip in 1970 was 2,826 persons per square mile or about one-quarter (J) the density of Detroit 17 RA 17 :.`.e :e:. -:i: Ar=-Sic:d-..:.w C:=_.-ance :evelcre: a -c regulated bars, pawnshops, and puaiic lodW.g houses, on the basis that these uses caused or accelerated skid -row districts. Islip Town cur-en::y restricts through zoninT.bars . public lodging houses and non-confort"::.g multi-fa,mi;y uses. There are no restrictions as of date on pawnshops. n, study of Cowntown Bay Shore and the regulation of bars and multi-fa=.1y non -conforming uses indicates the Town of Islip's commit=ent to upgrade osis shopping district and prevent its becoming a skid -row. The potential negative effects of sex businesses !s also examined in a case study of Bay Shore Downtown. Bay Shore's decline can be arributed to a variety of reasons but cer- tainly as noted in Detroit, non -conforming multi -family housing and a multitude of bars, both currently regulated by existing Town ordinances, have helped create a skidrow effect similar to the found in Detroit. Its Bay Shore, former mental patients and transients have flocked to the non- conforming multi -family housing (for example, the Bay Bright Hotel) and have became patrons of various bars. 1 Since the establishment of the Downtown Development District, and the Community Development Agency, the Towns has actively pursued a policy which prohibits the conversion of homes to multi -family dwellings (repeal of boarder law, 1971, and the phasing. out of "grandfathered boarders", 1979) and has actively encouraged the return to one -family units or two- f6amily units. 10 Regulation of ban became law In 1976 and regulation of hotels and boarding houses in 1971 upon tate modi!ication of Chapter 68 of the Town Code of the Town of Islip to read: 468-257 Uses pem1tted by Special Permit from Town Board after public hearing D. Indoor theater or motion picture house E. Hotel (added 12-7-71) F. Motel or Boatel (added 12-7-71) G. Hoarding house or lodging house (added 12-7-71) H. Restaurant, luncheonette, cafe and other places for the serving of food, beverages, or both food and beverages, whether such food and/or bev- erages are served inside of a structure or out- side of a struct.re, or both inside of a structure and outside of a structure. (added 9-7-70." 1OSee Volume 7a Bay Shore Cottmunity Identity Study, pg.19-46 and Volume 3, entitled "Housing' pg.42 & 55. R RA 18 :'-::e - '* a: •:_.—e no new =e:s have !:ee : ,;x;. Snore . The existence of two adult entertainment uses next to one another (see Individual analysis sheets late; in tris repot.) has created a adead ne" in one of the healthier portions of the downtown. Users of - Bay Shore I Downtown generally park and then walk about the town to shop. { s various individuals would rather not be associated with or be seen in from; of req- c:lated businesses nor have their children walk by them,1 many parsons who might patronize other stores on the block avoid going there. This results in the loss of business of non -adult entertainment stores, possibly causing them to go out of business or to move to another area. This, as a result, hastens the decline, or hinders the up surging of the Dow town, creating or emphasizing it as a place not to go, furthering the creation of n skid -row. Another rationale for the use of the Industrial I zone is that adult entertainment businesses are night or evening oriented. This arrangement helps prevent conflicts in use as the majority of existing Industrial I uses are day oriented. It also allows for the maximum use of the existing infra structure. The creation of multi -usage zones to allow for the maximum usage of exdsting -irdrastructure is currently being emphasized in'New York City. "The bolding (housiag the Bohemia Book Store) , which was formerly Woody's Pancake House, is on Sunrise Highway, directly adjacent to a resi- dentia! neighborhood. Although there are approx- imately 15 adult -only establishments in Islip (including one 'book store' in Bayport, and one 'book store' in Bay Shore) the Bohemia &56k Store is closer to residences than :he others. The above quote summarizes the main •non -material oriented" complaint-. the Bohemia Book Ston intrudes upon the residential area it adjoins to the UThe Norwalk, California Ordinance reflects this concern by stating "shall not be located -within 500 feet of schools, churches, parks, playing fields, or other areas in which large numbers of minors reqular y travel or congregate.' 12The Suffolk County News *Picketers Vow to Close Porno Book Store", July 24, 1980 RA 19 sc::t - (see ---.e 4 C• scale aer:a.* f --r c.wt!ica icn'., � �e 5�`;yes Ze-.ween Sutu:se aighway, commerua::y Zoned and de; eloped, and East Golf Street, the south side of which is residentiaL'y zoned land and buil: single-family homes. As Woody' s Pancake House, the building housingtthe Bohemia Book Score, was developed using minimum rear yard standards -ten feet. There -fore, it intrudes upon East Golf Street by leaving a distance of only ten fee: and the roadway between the fr at yard of a residencynd the rear of the • book store. a This occurrence is uncommon. Typically a Business 1 zoned parcel adjoining a residential zone -requires a 1S foot traasitA)nal tote 068-282 Rear Yard) , and in addition, a Z5 foot buffer and screed plMing * would be required (s68-284 Exterior site improvements and parking). These require- ments are specified in Article N5M, s68-409 entitled 'Off-street parking areas: plot plan required showig site improvements •G. Screen plarttibq ;' _ (2) Wherever:a residence district adfoins any business district, industrial district or general service district, there shall be prgv'ided a land- scaped buffer area ad at least twefive (2 5) feet in width In each such abutbusiness, industrial or veneral service district. Such buffer zone shall be restricted to residential uses; and no structure, storage, parking or other slmila.� accessory uses shalt !e permitted within such area unless speclfical&p relaxed by the Town Board after public hearing (4) Fenelaq and/or screen plat nmmq.� Unless specifically waived or otherwise ameEded by the Town Hoard, wherever the ordinamnce requires a buffer zond to protect resldentiaLLroperties, a six -foot -high chainlink fence vdth- stockade attached shall be required and the buffer area seeded and planted in accordance with Town of Islip Construction Standards. • `: �• Another problem associated with the proximity of East Golf Street to this sex business is that it is possible to park on East Gold Street -and walk 13Had the rear yard been considered another front yard, a front yard setback Iwould have been required (§68-280 of the Code of the Town of Islip) RA 20 to the book store "hiding" from view the automobile of a customer who wants to be discrete. It was reported in both NeWsday and The Suffolk County News that a pickup truck and a Cadillac which were parked on East Golf Street were used by patrons of the book store as they were leav- ing the premises in trying to run down picketers which documents the con- tention that parking on East Golf Street occurs.14 • A factor which arose after the protest began was the association of the operators of the book store with orgainized crime 15 and the following summary of the criminal records of the owners was reported_ "The daily newspaper Newsday reported last week, 1 that the proprietor of the adult bookstore cn Sun- rise Highway and Smithtown Avenue in Bohemia, is reputedly connected with, though not a member of the mob -operated national porno ring. Owner Alfred Scotti , S2, of Sayville, is also the owner of the Black jack Bookstore on 42nd Street in Man- hattan, dne of Times Square's largest, which he inherited when his brother-in-law, Joseph Brocchinl, said to be a soldier in the Lucchese crime family, who was murdered after he supposedly was caught Skimming profits from family operations.16 Scotti, who is- free on 2S dollars bail, after Suffolk Police raided the Bohemia establishment and confiscated truckloads of magazines, books, films, and paraphenalia , and charged him with obscenity and disseminating pernographic material. His soy., Anthony, 26, the store manager was also arrested on the same charge. He had been convicted on obscenity charges five times, but has never served any time, nor has the elder Scotti, who had been • convicted 3S times since 1949. " As no retraction or correction has been reported as of date by Ne I the accuracy of their reporting seemingly has been acknowledged by the operators of the Book Store. "Ne , August I ,1980 Porn Suspect Has City Store" and The Suffolk • County News, July 31, 1980, "Bust at Porno Book Store Fends In Arrests" I 1SNewsday, August 1, 1980, "Porn Suspect Has City Store" 16 Newand Sentinel, August 6, 19801 WIFamily, Porn Shop" I1 RA 21 To dramatize the fear of residents who are legally protestiaq the book s stare within the boundaries of the First Amendment of the U.S. Constitutior. and the same amendment which the operator uses to Justify his business, "... Manager Anthony Scotts said o` the picketing 'We know we're protected by the First Amendment' ".v The following sections of published articles are presented: 1 "One person who had helped organize the protest is now receiving police protection following anon- ymous threatening phone calls. "is 'The woman, like most of the residents who are picketing the store, asked not to be identified for fear of retaliation. Last Saturday, several people participating in the non-stop demonstration reported to police an incident in which a Cadillac and a pickup truck tried to run them down. On Sunday evening, the store's manager, Alfred Scotti, S2, alledgedly harrassed the pickets and offered to fight anyone who cared to take him on. "19 Clearly what is emerging is. a conflict between the rights of the book store to sell material and the legal protest of residents to keep the separa- tion of sex businesses from their residential area. While both may tech- nically be correct, the potential for violence or other illegal behavior is clearly possible. To prevent this from occurring, legal action has taken place. Local Action State Supreme Court Justice Arthur Cromarty signed, on August 12, -1980, a temporary restraining order closing the book store. This temporary in- junction was extended August 20 by justice Lester Gerard until such time as a trial on the Town's petition can occur. bNe_wsdny, July 22, 1980, 'Pickets Vow to Shut Store' IBSuffolk Life, July 30, 1980, "Police Bust Porno Book Store" 19Isiio Bulletin, August 7, 1980, "Town, Residents Combat X -Rated Stores• RA is According to a Newsday article entitled 'Rule Closing Book Store is Expected", August 21, 1980; "the Town wants the store closed for alleged violations of four Town zoning and fire ordi- nance s . " "The Town said it would it would not issue the proper permits even if these violations were corrected because of 1311P'3 moratorium on the opening of any new adult book, film, or tape shops or topless bars. 'The momtodum ends in November. " Other material concerning the Bohemia Book Store: • Petition - A petition alleged to contain 10,000 signatures, opposing pornography, have been prepared by the Picketers of the Bohemia Book Store. • Letters - The appendix contains eight letten from surrounding residents which present the concern of the surrounding residents about the Bohemia Book Store. 13 RA 23 INDIVIDUAL SITE ANALYSIS r i i RA 24 LaLa-Sinbads - Sav Shore Tax Map #317-02-026 Item #383590 Location: Southwest corner of Sunrise Highway and South Denver Sheet Surrounding Area: North - Vacant Industrial land South - Vacant Residential land: Town of Islip Scavenger Waste Plant and Dog Pound East - Vacant residential land West - Town of Islip land (Note: Vacant residential land south and east is being considered for a change of zone to industrial.) Area: .39 ac. Land Value: $38,100 Total Value: $91,500 Observations on Plant: Building is in poor condition. Parking area unpaved. Owner of Record: James A. Gamblin 23S North Utica Avenue - North Massepequa, New York Analvsis: Due to odors originating from the Scavanger Waste Treatment Plant, the desirability of nearby land is minimal. The closing of the treatment plant will have a positive effect. on the area, and this business may then become a hinderance to the development of surrounding land. The nearby residentially zoned land is in the process of being rezoned as industrial land, which will result in this business being completely surrounded by industrial land. An investment in the building and site could prevent any negative affects this business could have on future industrial development. RA 26 Regent Theatre - Say Shore Tax Map #393-02-079 Item #001081 Location,; n/s/of Montauk Hwy. (N . Y. n.27A) approx. 147' a/of Park Avenue Surrounding Area• North - Vacant Commercial al (Gran• s) South - Furniture Store East - Adult Book Store West - Jewelry Store Area.25 ac. .• Land Value: $22,600 Total Value: $83,100 Zoning: Business I Observations on Plant: Building appears to be in good condition. Owner of Record: Basay Realty Corp. % Pointer Theatres Inc. I 430 West S4 Street New York, N. Y. 10019 Analvsis The theatre does not have its ,own parking area nor did it appear to have a means of entrance from the public parking area to the north. This factor can cause long-term parking on Main Street of patrons attending the theatre. Street parkinq in a downtown area is typically MOIVed for short- term parking, allowing for a high amount of convenience shopping oppor- tunities. Although the market is rather discrete, the location of this business in the core of the jewelry section of downtown Bay Shore, can cause dis- comfort to pedestrian shoppers who pass by comparison shopping at the various jewelry stores. Unlike the seemingly lack of effect adult oriented stores seem to have on strip type commercial development, customer deliberately chooses (by parking) where he will shop, while the downtown shopping environment is pedestrian oriented. The Downtown atmosphere C• prevents the use of the car to go by a use that one might find offensive but rather the, individual pedestrian shopper might avoid the area entirely. Downtown Bay Shore prior to opening of this business was suffering economic decline, and loss of its viability. Adult oriented stores typically are low investment business, placed in marginal shopping areas like down- town Bay Shore. Due to their lack of investment, they tend to further degrade i the area creating a 'skid -row" type atmosphere as found LZ Detroit and whic lead to their adoption of the anti -skid -row ordinance. RA 27 ,H3floy Hour Book Store - Bay Shore Tax Map #393-02-080 Item #010640 Location: Main Street, Downtown Bay Shore, approx. 197' a/of Park Ave. Surrounding Area: North - Commercial and Parking Area South - Commercial East - Commercial West - Regent Theatre (Adult Entertainment) Area: .25 ac. Land Value: $14,300 Total Value: $30,000 Observations on Plant: Small Store front in poor condition. Owner of Record: Herbert & Clara Levenson 22 West Lane Bay Shore, New York 11706 _ Analysis: This adult book store is adjacent to the Regent Theatre, an adult cinema. The close proximity of these two restrieted businesses creates a void in the commercial center of Main Street. It also creates an area which certain shoppers will avoid due to their preference not to associate with these businesses. In Combination these two reasons further add to the deterioration of the business district, lead- ing to a "skid row environment" similar to that observed in Detroit, which lead to regulation of adult entertainment businesses in Detroit. 'q'r1 Q RA 28' 4. jot do NIL !'�i..`� - ' �e • • f Wit=:ar�'. • 3 -97 tet,- a �t - - :fit: -•c .a. • • - •�.:a 'f �. � w . � .ice •� •.•(. yy • _ 2 A26 A� �'• y r -d �. 3s 1 Vii• 04 ' i, s '-• �• '- •^mix ' 1•' j,J�:. ' �i • I T • 4 •ice �y .� ♦ �/1 a - ww 17 ANY 41, -�Y� . !�-• ♦ ,+ .��: it �. �}�♦.� fT'►�7 r-/;�A-•� �2''r ..T AL Lt •�- y `R.) er • �1C��.��, !` : i,�'r�'t � '.�• �c• J _.ia •l-'Zt��,i..�=ems • . � IRA 29 Svinninc Wheel Motel - Day Shore Tax Map #1394-02-031.003 1 Item #014249 1' Location: s/s/of Montauk Highway (N.Y.P,t.27A), 298.5' w/of Awi. Rd. Surrounding Area: North - Offices, Apartments South - Single family residential East - Bank West - Funeral Home Area: .99 ac. Land Value: $59,400 Total Value: $133,200 Zoning: CAA Observations on Plant: Recent investment in aluminum siding-. Owner of Record: Spinning Wheel Motel & Hotel 372 East Main Street Bay Shore, New York 11706 Analvsis: This business, without the signage in front advertising its use, could be a pleasant addition to Main Street, Bay Shore. Although aluminum siding recently installed subtracts slightly +rom the ambiance of the building, it remains an attractive building in an attrac- tive setting. Fencing of the rear parking area along with the large rear yards of existing residences to the south, helps prevent any negative impacts of the primarily night-time usage of this facility. TO BE AMORTIZED ./• .. ` . . . r � : «!�"'. � .• .� rte• •. 4 ' � r.,C. -' '�� �j �� � 1.. � '��J. �-!mow 1� � 1• •i�[c �•' ••�ti •. _ �. .[f. 1 lir . =ice./• �� r/i�/ '. � ep i r ~ .'j �� so •� j!qA - e ilk •• dil•, *. may ,•�r�wi ..� ' ! �'l�j = A. IMP IL 4b r s 1 : -. .. r. • Att/!ft • .r `...,rji � �a ��,� �% • 'y -''c � . ; 'r •�' '� t!�� Hi��`` 3 i of •`� - •�� :ice �,�� �� ., —..- 10 -r doe ..:. .. wee.. • r - v .r la1 r ��'' �� •.sja r •-tic � - `�"� . r Ar -� '^' - • � ��t• -�"� :i -. • � ���:.�'��- � ��� x �',, Vii• -f. row Q 4p r .', te- _ • to 1 .. y _ - > 'J 4 l" •; .i- '` -�.i�- •Hc � • .� rs�' . � ' �' - ��-- y 46 tri . = ^ �- � - �- -• `,�,�W!'�"'=.'� RA 31 Bohemia Book Store - Bohemia Tax Map #256-02-017 Item #095245 Location: southeast corner of Sunrise Hwy. (N.Y.ft. 27) & Smithtown Ave. Surrounding Area: North - Single family homes South - Single family homes East - Hank West - Gasoline Station Area: .68 ac. !And Value: $44,400 Total Value: $69,000 Zoning: Business I Observations on Plant: Windows have been closed through the modifica- of the building. No landscaping, poor condition of grass area to west of parking lot. Rear of building close to streetline. Owner of Record: MIP Restaurant Inc. 102 Anchorage Drive West Islip, New York 11795 Analysis: ,he close pro.,dmity of this business to the residential area to the south is of great concern. The building visually intrudes upon the street and directly on the house to the south. Lack of a buffer area and screen planting tends to emphasis the buildings intrusion on the neighborhood. 1 . r �'�'.�' w� �N f •� —rte,,` 'S �/� 3 ;T tlt•�_ww • a•N6. ���•�• ti•r' �•/ .j�.���•• � •»,r��c� � �. �. -.aJ :��s• tea.- :•�'��.����: `0. 4 see • .• �•�.-'4� � '�'1.-'�,.� �•� ... � . ��'� -��; '� !• tea"►• ,..r -•. L i- ��j �' /. .�:•w,�/;.Ci.-•wV /rte_ - ��. • 1 -`.C:• ''S.- -+/tea,, ► ���yyy ,�� y� -T_ }1 �� y 727. ;6a• ! �••.� l�tti�rs���•�"mss. •� .A -tie,-'�� f,r �• -� Taft ...:;���.• r ♦.Q•T �. N"W- • 'may , Via odn Val woo IV A%P .A1��� � -J� __".SJR �•1�� ' iT_ '~.t •• .�••� •, - � �w � j�-• al x-41•, �. - • •��i :. •� : ! • - -sew �1' .� •CGS '• all A -- =e/; � ' .i y-�� •.., .• _ gip, � } �. •�-''� `tee '��' K � �' .+ j - •' �' - - M Ar .. • - • •ham .T- , < . ` L _ ' •�l=j'`• F'r • " +Z.'• � 3.�,� � . -� . '+�- yam;!• ' 'r- �.r � �►s+ Aw VW odk- + " �'`',,--.'-: ��,;. ^fit ' . � ' • ;•t- ,�.- r �� t• P RA 33 Adult Entertainment - Central Isliip Tax Map #081-01-005 Item #OS2752 lzr-ation: 6/3/Of Veterans Memorial Highway, approx. 1000' n/of Su,"olk Avenue (Nicholls Rd.) Surrounding Area: North - Industrial South - Industrial East - Single family Residential West - industrial Area: Land Value: Total Value: Zoning: .65 ac. $41,100 $77,100 Industrial 1 Observations on Plant*, Good condition. Owner of Record: Tsantes Enterprises Inc. (Blue Dawn Diner) 1860 Veterans Memorial Highway Central Islip, New York 11722 Analvsis: Although residential properties ,lie to the east of this establishment, the Highway provides an adequate barrier between the residences and his business. Its effect on surrounding businesses appears to be minimal, as indicated by the lack of any vacant stores in the immediate vicinity. As the owner of record lists the same address as the Blue Dawn Diner, an eating establishment to the north of this business, it can be expected that if this business were to have a negative effect on the surrounding businesses, its use would be terminated. %r _ j�r fc � �•,� Lam.' w : .� LG �• a ! .E`er - •'`'1"' t.• as 4�� • ,�,•f� :,» v 7t Ir 4 ��` 1�_s „{3�'�..�i.4• y� ;/Zay�'� �� '+� -�h ��• y-�•TL"F7�a.'�LY'Y�•V `ice 24-0 _ ��'•f __��_ K',1i Y�� .• may_ �ti� tC �•�;\�L�YJ =v•-•rr _l �..�.��� '��� .. .•rte-. �'`'�• - ..yrs.:. ; art. _ -+ti� �.. - -... •�I"• j- j+ � k �..-..r 16IR _"_�. --r L�`�_ - -3 ��t ;� .:}.• ,i.a �•_ ,� :etc::` �`-� _ •�iy ' -�y�. r� S.c.�� 3 _ 1 w7'zi 7 ^: �• „ Ty.:6*1 = y •s i�.Z = _ / .'�'� i N �1 a ::�+ � +. T-'!��.�7 a"� __� � Vit_•: � ;'•- \ • _ho - _ �1ys��y_I'l�ry �S..r 5�:. {•e. •:J �i`V'i,'.Z .. �� _ �.\_ _ �. a ft _ � - t • �;� � . �}^�� :'+� _ =per � ��,� ` 3r a. .. _ .�.?+ "�, • ;. T� �`^.� _ RA 35 Gloria's Place - Central Islip Tax Map #206-01-048 Item #557870 Location.: northeast corner of IsL'p Avenue and ?ear Street 1• Surrounding Area: North - Single family home (Commercial land) J South - Vacant residential land East - Residential West - Residential and Commercial Area: 1.S2 ac. Land Value: $S0,900 Total Value: $98,000 Zoning: Business I Observations on Plant: Formerly a residence converted to commercial usage. Currently in poor condition. IOwner of Record: GMPL Properties Corp. 1011 Islip Avenue Central Islip, New York 11722 Analysis: Minimal investment has been made in both the building and the site. The b .: ding is in need of mainten4nee; the parking area unpaved. No buffer or fencing erests between this business and the residences to the north and east. TO BE AMORTIZED 7. ir -RA 36 JI A •1 � T: T' r• •!*� : �1F ate" • t ••�i' {% � 1 �-•:S_ ' A I+�7 .•� � � • � f S - 4E 0, � . T -��"'1� . �Q .i_ �i-••y,- �..f �f- :" .�,•' �i t� .i �'.Y' .ate i rl .�!_ .%y-�' .�!f:�` �' -; ` R'::�.+ ; ;,•,•� •;•;.: je �. •+el,'�` ��'S;+ y' ob _ AA r. �`„ I ti's j' Yir'; ' ��e` : • Ic�, ' . ve W. i - � _ .qtr ! . T •• . �.,�• y - .\ - - � :-�,� � •'ti �s•� �!t;� �� a � f �`� � J' {fes el;OF, ". \ ' _ s `r '1.- -�ti - •f�t,�� w�� , a ter y .; •� :CA ,. I�. ' .�• •J tett •• ' .lam �, a�f!{r�.G •' _ . • 7f ljw 4.0 f ,�� . �• Zft -sl tel t,.• _ ��ty ♦1• �t ;� �• - Y . t cif•+ , !- A = 7 - / - • ?) w"-�•* .1«s • �� `'' ��•TT�- �'�j'-tea►►. ly .fin • • '�.•�''• s',�'•' • MOM �:�J��� _ ... ;�' _. _ �!� ,- � 'sem � 1 � • ••`w'�j� ►� Fo • �.�•• ice•' �.•. r ,• .f -•.L. - _.� r-:' •: •�♦.t• -1 }If .r• �.O 71 �j .;,. ,. Si...,�y�%,t.l M 1i a��• ,+f� !!'•..�1 ♦• 1%��� � :tom'• y�t •1 •ll 1 .v f •.~ `~ -am'� '. r ti ',! �� '1 L• Yom• �•• • it . .y �•;a.f, f • :•� �l' : �'�.,,��ty1c'• .�- - :. _moi � . �+ i.IL OLIL (-rs /�to�� • _viii•••• f(LLFi•... 7; - rfi `1�� • a� -• �� v J�♦,f�' T� rl r � .�i. � 1•�A � �,� % r' i • + f �"'aa�x..•�^��i � . �r fi r•� K1• L`+��� /a-'• .r. ��i����� � -,� � •�1 ' L .. •'i' �.. �,�.�`.r� y , jag /��-'� .I RA 37 Sherwood Inn - East Isliip Part of New York State right-of-way Location: southwest corner of Sunrise Hwy. (N.Y.Rt.27) & Wantaugh SO.Av( Surrounding Area: North - New York State Police Troop L: Gasoline Station ' South - Single family homes East - Vacant Commercial land West - Used car lot 1 Observations on Plast: Exterior is in poor condition; parking lot is not paved. No buffer or fencing adjoining residential land to the south. This building is scheduled to be removed for the widening of Sunrise Highway. Owner of Record: New York State Analysis: This business is located on a major school -aged children pedestrian crossing of Sunrise Highway, connecting the residential areas of Mst Islip to the four -school site complex in Islip Terrace. Current usage of this access point is indicated by the need of Suffolk County crossing guards at this location and New York States Department of Transportations concurrence with the East Islip School District contention that a walking bridge across Sunrise Highway is necessary at Wantaugh Avenue (Garepy St.) . The rear yard of the home to the south of this business adjoins the rear yard of the busniess without any barrier to visability. The night oper- ation of this business has a deteriorating effect on residential properties due to Boise, starting of vehicles, and lights from vehicles flashing onto the residential building. The unpaved parking area causes flying dust which is knows to aggra- vate respiratory conditions. ',A W Ax ir L lb ie we TI JW4, v NL - I V N5I �'Wy. Old row %low* vy* IM RA 39 Genies - East Islip In Sunrise Highway right-of-way Location: south side of Sunrise Hwy. (N.Y.ft. 27) approx. 430' east of Connequot Avenue Surroundine Area: North - Vacant Commercial land South - Grumman Aerospace Corp. East - Grumman Aerospace Corp. West - Cleared land for Sunrise Hwy. widening Observation of Plant: As to be expected, since the building is scheduled to be removed for the widening of Sunrise Highway, maintenance is poor. Owner of Record: New York State Analysis: The building ;s fairly isolated from residential areas to the southwest and northwest. Lack of sidewalks prevent pedestrian traffic. Access to school to north is 430 feet west on Connetquot Avenue. 1. �� r -~.�1� ♦ '� r1�l, `�=�� 40, v�y�i`a1�i �"�.�r �.I17'. t • 'f� AWwZ�in , _ wry '� ` ` •M� •�` . %~ t r• '�:it t;i,a+c,�,� +i►.i�.. 't'� '?OEC:%• 1 M`�!'4 : �:t'r;,:- b!':.t; j.,;�. me q, ... _ ,• '� ,�_„`r s• �_'�li, i �n �:+"'� �;,,,st re �,�`�: • t,'�• ' . i. � � "�. . ,ei sib -d! -D- . • •�-V-- ..! �L •....�- , tL',.,� `�,` a/�Yj.�� J � r .`� "'��"t, 1'!r � _t,:r: ~ - ' }_ ,' - ' • �_'1u+�'t''�-,.rte `=.T.*••-'��,, � !4� ! ;i,•. , �- _ `r►3lQi - .!W�V+isV. ZA �► `..•... • •nom•. ~- T :'L..r.. �-. •'7._ �. ,00 �: `....�.. 7' --.. -r, 1 .~ r ' `t.`s�4-t. � t -r ; :.girl• �a.. 74, i7r"►?Ic.�' �=`���1 It -: •' ;� r, K {abs �l; �;�,•'� i• � � -�.%� : - � - .. �� �-.�y- �..%+r�,,.I`�. _ _•.��,ti � -... -"� .. •fir. - r Holbrook Book Store - HolbrookA 41 Tac Map 1#239-01-018 ( Item 1#698170 Location.: northeast corner of Sunrise Hwy. (N.Y.Rt. 27) and jersey Avenue I Surrounding Area: North - Vacant Industrial I South - Commercial Stores East - Lilco; Vacant Industrial I land West - Cozamercial Use Area. .4 ac Land Value: $29,100 Total Value: $155,500 Observations on Plant: An attractive building in excellent condition. Owner of Record: LML Enterprises Inc. 6080 Sunrise Highway Holbrook, New York 11741 Analysis: A substantial investment in the building site and business makes for an unobtrusive setting. This business's isolation from residences prevents any conflict with residential uses. Since all stores in the center are rented, this business apparently has little effect on the centers desirability for other businesses. f tp IV r r ` 7 � �( �r sty:� �,�. Ar s :Ow r eve ...a IL SIT ig ra Lemon Tree - 1311'L'RA 43 Land owned by the State of New York Location: southeast corner of Surae -se Hwy. (N.Y.Ft. 27) and Roosevelt Ave. Surroundinc Area: North - Used car lot South - Residential East - Vacant Commercial land West - Commercial stores Observations on Plant: Unpaved parking area, building fairly good condition. This building is scheduled to be removed for the widening of Sunrise Hwy. Owner of Record: New York State Analysis: The residential properties to the south on Courtney Avenue, are clearly visable from the parking area to the east of this building. . Ilghts , car star:- ing, noise. and dust caused by the night operation of this business directly affect these residents. Children walking to the school to the north on Commack Road could possibly pass by. this business, crossing Sunrise High- way at the turn intersection. -Amb ► ' _-4 "�'��%�•�`-�• �..) ts"-/ _- •: _ - .. ` �•. •_� Ln -v � � vii •s�• . �. ^.' 6. r. .{.[i �IIC ,f.�j, • i; . - •� •••�� ;�' o�L+=•3' »A,.i. ,�� is • •� XL4a� .�'• ��` �nI•:•' T7 J ;fes =T.:. �� . •:.. �.. .. t;-'" -plot a � .f !•�•:- swA-•'�i i+ .rr-• y ��.4�_L.J►•�sa�._���� ', rte_"• /a .'�i�_:. ;r`. ',t-;• z,,::..r�,j.. v'rHt•►'=- w••tS�.•e� r ., :- _.: ir•,' s •` � � •�• � .ilk' r�a4uy��'7�.--�t••�j.s..y`- ��_� �J � u' "'��• AL Or Ids IL -• �' _ -.' � 't- � • •�. �� I' • � sty i IF A4 qr -ir•r %i7 `• eta • �•� .. �"• .K - �• �.:��-._yam •.,?�`i�: �I •f• _ - I� ;�{ Mie � � � .�Z •�. .'•, �. .- - •1-- _ .0 Elm - 40 r•�� ��•► _-�� ; � �+•'• `� Oji � ♦, �•• y. � •.. _�.r�. y~• •-�' ♦ � � ���•. -tel ~ �— ~�',''�'� Yf • ir' t r'rs1 �. :i• j~ % ,=.'%' L" s �• V' fr •S ���� ! ,"r�'� ��� �. � Wit- '`I !�•e7 . ��1��� � �r �A�` *+C�♦ y���'�., 't+.:; fC1. � - iw� - at ' !' \. is-� a- � 4 -! yrs ♦ ... �; ��•;: •�,��' i I!•a J .�T.�"��^� � � '�~.. � . �'d w.'!� ::'fir` �.ti � i j • _, � .ate - �• •� +►.-• > •,,�• . �a_!. - � s � � • • ..� � . fir' _.i:!`• � .••Y1 * , Zr- _ \ aim S . 'esu'=-- :� ��.• • �'�'"'+ �+ i• _., r - Happy- Hour Booksre - IsIl errrrace5 �. Tax Map #296-03-153 Item #159110 r Location: northeast corner of Sunrise Hwy. (N .Y. Rt. 27) and Paris Avenue Surrounding Area:. North - Single family homes f South - Auto repair business East - Single family home West - Single family homes j Area: .14 ac. Land Value: $9,800 Total Value: $17,700 Zoning: Business I Observations on Plant: White cement block structure, formerly a gasoline station. Unpaved parking area, no fence, buyer planting, or landscaping. Building in need of paint. Owner of Record: Raymond & Joseph Doino_ • 7 Dearborne Avenue North Patchogue, New York 11772 Analysis: The close proximity of residences to the north and the residence to the west without benefit of fencing and screen planting, causes the intru- sion of this business on the neighborhood. The small size of the plot presents .the potential of a parking problem and may cause parking on isLp Boulevard, the residential street to the north. CLOSED •RA 4 i;% . . T.l A! sw 4_1 dr, vo-ob T'It"C' Am AM A. tsi Awl. - polo!. 4p VMPL I -SM -W A IL -267- lob - RZ As, V A. • ~,tic m Eden Rock Motel - iakeland RA 47 Tax Map *123-01-016 Item #520531 Location: northwest corner of veterans Memorial Hwy.and " enue Surrounding Area, North - Industrial South - Industrial East - Vacant Industrial land West - Industrial Area: 1.72 ac. Land Value: $101,100 Total Value: $430,800 Zoning: Industrial I Observations on Plant: Well maintained building and site. Owner of Record: -Eden Rock Motel Inc. % Eden Rock Associates 3055 Veterans Memorial Highway Ronkonkoma, New York Analysis: Surrounded by Industrial land and buildings, this business has a minimal effect on residences to the south across Veterans Memorial Hwy. RA 49 Goll douse - Oakdale :ax Map #302-01-005 Item 4452050 Location- south side of Sunrise Hwy. (N.Y.R..27;, approx. 600' west of Oakdale- Bohemia Rd. Surrounding Area: North - Vacant Commercial land South - Vacant Industrial land East - Vacant Industrial land West - Vacant Industrial land Area: .28 ac. Land Value: $29,700 Total Value: $44,800 Observations on Plant: Building in fair condition. Owner of Record: Gerald F. Hoffer a Joseph H. Cappello 75 Middle Road Sayville, New York 11782 Analysis: Impact on existing residential areas is minimal. Due to lack of side- walks, pedestrian access is prevented. This business has had no erect on other businesses since non are 1n close proximity. %tap N --k J4 �7�Np*�a III al Z'7 40 e-^V� IONA %%VOL Nw At AL P. JL RA 41'. a-.;. v f IL N dr 'IV -bore 41 QTY"1!��i ~. � .� r � % ���i•= •s�i:C: T!� r;� � a• , c� �i+� �!':1� V' moi: f � go .416- gg- .4111111. 10- lz vp­e, wo~ k� -f - ;,-M 6w Egg, Ar 4 i�- -ILL fr.Almke76 IN. q =.4:rw- 146;• 0 a IL L HI Cly da lit �- APPENDIX A I I I.' I I I RA S3 C6 C.6 S `or •� e � os ° n u c a.s � o iovo, o� c 3 E— 0 ..� c �'w 40 to euoto4°moo �woLoC�4�o 3=.Q.2 =.Q.2 -=ra!'wm E ce ... m ow - C iFV 'a w i. r °`e3� c �-� ESC a�� a a •40 a L a)wsuam rwe ,..MA , E�C3='v��C� �. ,. Q iv p h� N C Q�� V L. 3 co�' :... C V 1» O v V G Ca 3 -'. 3=0 Z ee� o i 3 s " o'v • O - go gozsE ..�''CJ �t o x m0 V G ° C 0 Iny —c aJ 0iq-7 C CO -00 dm 3,= O rf1 CGCG" O>7 021_q�• r �,j j C 1�i0 .r C V .0 '! H 1 4 �• I • mow•-.w..^p.+A •ti-.r-�s RA •• LTJ. T r •—•.i �/-'••••• �:^ ����-.'i ..�• • • .. • .., t I • •• t �• •ter\��4; �.r �'i • �� Z s �?. s�.a s- s •:.i ? :• _ ... . -..: ! � `� ` .♦ � fir. �- � 1� � . 1 _ •. T • �.�•= � • - •►_���..r� .rte . _ � ' •r+ �• �/. `�.1 rj y t1 F Gr I V rr' 0 30 jz La >. C.2 d.`a •�� .• C. ; sit us s•E Y3� =o� �0t E so �. Q •..� m>.� !CC r=_S ca�.c3=� =C3•:02a,� yG0"ye= c _ Ste :C .0� �- • siU...•0 y-- t �. o• o �— o.. s � ..•a c •—� Z aiC ds5>: • sod �C�=`S.. • •c3 • •-0 3 3.3 06 3 - c i •- •+ >►= t �' .+►.fit Y • 4 is 'bon g>o3• °==Ln� = i • S� o c C C c C �t� v. e Z • 9 • �ry � i • o �� ` C o 4 • �C L`t r•� O'• • OlC= � s r •`b c rig c•2e $ �vTi eons MI ops •�3$= =�- oil •$ ��3�� ` u 0 c V -Z Oc` &'3 s E c rr. so :4 "Ey3� c�•� ic$•c�v��dc=iss•�= �� s e = s ! a �. c 3-.0 o O Y •mg a yrs •. Z .�'-� �� • •�;;�'= C 3 �.•Etr �•�i��c � •bosQ •y�=v � OL—C.9 •�� ���+mag;; k e o �= _'� •�= .• s E 3 c 3� s": • �3:�! � .. F C �' •L1►� 02J.- • t 3 0 $ •3 �� i i icy PLA 5 5 is ?t FF11' L §;aO ,4 n- • Q t��' -VOLV to hu avwiou� pickets score to: Yiol!tioml -LjqFs. Cb,�,$� the S, road Up &mA buildlzg ck 4, tkW DiviSOU of IAW David Remn' ming sicus reading darff. suc*'-TWT orney's Of5cc Said. PjVm BT P I to par=* wil _ W� to , "testa -M , mat of be town at" have been blip, Smug and Senutives of the bookswrt Dobauuz Book 00- WA some Of vrba6. CUW ?os' „StamP iickewa the I Clasmg. answer the mm=onu& - in Coull on 6=edizl� were ZUCW" 15 people ,,, Ufid, Its The wtLi&d::= �point. aboutasorp=.buading bootstcm which ts on had beeA "Ont would ft� of the Avenue. Prot It b�� that this Ssrllk mg that the wWba we &� Lt Smithtowz we jbOught A*Wast jr4bwaj I Such0cp of IiijuigbS to be r9ft William contLnue undl . WWI aid J1 ;w0a Its- .Iwm Johnson -nat would amunstmuons -1 his Place clo" - SuebacId be A the Unotac may S*,ftL SSA Oevery day UZU '14 W-ma.0-6. kyrMc. one wsrc But this Is &K"Ut the" S1 nis is a 4ud.st Ole mbo bs" 14isam' dum Pori - in an ezdtad -con wW* don*t w"At Pea" '60 . j.,,d MV using the UW%to' We're con* Town ofildsh an 21nant waist or&Dan-"- places ming of sayviue, the vola the Stmts out of Od todevelop a PC -t. that e2- StiN cWldm- We go' 6inTO.. and ba- camed about 2cas to be Mun tbil.lmff �Wac diAW nut ambllsh=tuts r1lay, 'worth gold m pubUcitY - City to leave _ tti Wd Of the and now za schools, i Wk& -1tU probably be kAtbony so) -61, .be First 'Sunt finesses a According to Islip t =auger "isctod twom such b then bookstore ©ow unds and churcbts- ,,,hn Jones, "we Vo r Picketmg. . despite,! C. =Wioner 7 bam bookstof" and Amendiment- lVezed S&t'='a&y AM (9 the ci*-. ere no -W about 15 ants. The boo'"tOre own tuor&�Q!��=Zllsbm theaters' in the four.month Islip T!Sjult only. . ztjon of G:ny `!" gijbt i��Gs" Lg' The to,,,n bas Usued I . Q. j A ,n ns Weapon _._. • . • - That Can Be Used •'. . ri' : Agd ainst Obseen1 - _ Islip • Town, which leas 15•* so-called - • . "adult" bookstores, movie houses and top. less•bars, is now considering limiting the • . ' .. growth of - such enterprises through zon- ing. That approach sounds promising. ` - • The town planning commission is drafting an ordinance patterned after one . that has been iri effect in Detroit for some • . time and has been found constitutional by J the US. Supreme Court. _ • - • • Controlling "adult' enterprises. in- volves n• . • . . • volves a clash of interests between a corn- munit.Ys justifiable fear of sinking in a = - ' • sea of sleaze and an equally justifiable de- . • - sire to avoid restrfctzng FirsCAmendment . • • ' ' rights of bee speech and expression.- . - Definitions •of obscenity are elusive. ' and Islip's proposed ordinance avoids at- tempting either to define or nT late it -- • Instead it relies on the well-established ' • - • • right of a community to control land use ' b • m The sed ordinance would - II 9 �- P� • provide that no new 'adult" bookstore, movie house or topless bar could =open - within 1,000 feet of `any similar enter- . prix. '•Tbe ordinance would also require - • - the owners of such businesses to obtain ~ - . - - the consent of 51 per cent of the people . • _livid or doing business within 300 feet of (• - the proposed establishment . f . • -If it's enacted, klip's proposed • ordi- • enure almost certainly will became the - • - target of a• constitutional challenge.'8ut • • people an all sides of this complex ques- • - tion sho%ild welcome such a test Some. where in the conflict between the Fust • • • 'Amendment rights of "adult' businesses , Iand the rights of communities to maintain their own standards of acceptable com- • mean, there must be a constitutional for. - . mala that infringes on neither. i RA 57 Q- do o_.o�V'�- �I. x eO C .moi : i 3 7i! Y C C •� - o! V C C�-�=��. C _o '"Wo In=c u ° ."' C O V -. w SIU. !e ` 91 r• C6 E.9aai"aIc= .r 1U �Aixi pC&- 2 A EX I" a`mino.c C of H -- a e.2._CS ° LCD O is3 �Nii c•� r 2t"3 zc� it3 E a 40 40 s ` X a a� V .21 f cej p a- v� o a� c `= a �r1.00 = to CL a` a F --Z �r cc r L- z V Q '� L' 3 V a p 0) ca a, — -a Emco oa,?+ C yF"aaap aaCAV G �n Ca -C as C di CSCC V.'�r-f",.-1�i V V �� C a. Ov p V �.r o� a = 4 > C r. a LL CooC �FCA C to IL �aac.. �� •��, a r O �;�• Lug r Z� V W � Ca iii'• . 0 .o Cl) C. a) U 0•._ W 0 41 Lo 1 •R . 58 z# .ate: "�! • : v r .r J • a �s � E • .-�. 1. ,ro3�• 0 0 r1 pus sW3• 3--stcogas s PUT nuns nuns ltnps use" s 31)pads aq!42sajd it!& a -- NO 11>o44C m auo a% MWS 'r. pajss-s !a!sstnsaa a0s lmsw t luousuuad s oq 4 ALst an Ip sPenap om :m !u s = . d •aa:!3usam aM al -JD hlpt?oa q3!«► dtdum "sq taaarys!M"No m P = aaaA :Cryo Paw a m m •) is . •�ydssaoasod ss�. �t pagquAW tstmsat av4d AUMN Pct! UAUn Po.rmbU 40 Tnpssoonm um >xq n -sa imps a"p amp of ndu • �tnuo�e�oat pat�sa: �t�:a oJl�o1 p ssat. t aq MA amit a sosuomulm uo 3uutaq f IT. „•op tsia tma ms pooq IMP a� awg i o.+a� � :�Qt �•� s�rhs a�ou� a�►etI as aa� znq —was ct.I NY -asci jo lot t 8*1 tzzt 1 pat uta! pawl aAsq I ' (Z�MMU=a3 -U*3 fin ittov-s a=.1 aQ: Ka atdoad an szm" aao; Pat vauacupm' wy :S.'ti ltv *A%O 'aOa cm a"ais am aa•u 33=9!=4 Pas ags Irm pug •a! ss. ooptaot m PM. •: •ciao dr vM mi w adny am a% Ims#PT saQm=% sdraa i Pas Z%A= (spoox pa%*X*l s DqAR *Maw,= ZPZWV so lc Votq asosf ujsstas SMst pas sp;*id aqi 44 PiUF -man iaomuv Idvu : -mom 893oa7 am, ave s3at ITI P lyxta► t aas ars srawoss:n a». pags!umj r �ovatm Ki. Itnxas Imps jo noasatas p" %*)oq linpt s••aIP a W.0)0 loop m qstx -mu pbt dnatf Kit P RA 59 In e s<V-ge • 0'' Pte• �g do ss- .. O •�.r��•7� E • ��C N • , ids 0 a Soa ,cs •g s � • o •tet 30 7L dl • �� �� *3t so � • Sze �• •7 O �� a C` • •.�_E C v •� V • r0 1•i y O� -9 x ! C " !" ,• • • s r •! 2 • C • IV's 49 leg c ' rb "cc ce • C W F W 1 repeat( .-sphiats by btile the Scva:, 1 local resuie-, m Oa ttsi be:. -j b«irG thr, L .ta0 . 1 day. and again on Jtiy Z. d ties.• Fear lar j be entc-i d tae soap in plan ' otscc=:7 to New yon clo:bs and tube res• -lana City. The alder Sretll PwI-hasea. He ams, be sold lata. looking for bargains. cla=vd 9: p v*nc ,s eau "We an ebbx iQ cbwm an hart a v%:7 low _ midget bent and I youa;er, Yt, Wseedas pidLW • the cheapst torous 1 =04 XL4 J%st beare be was Wien I and." Lissmdm said to tye Pim prezac' tar Judie Edward Green bootiaL Aftthoay Sceui found Lissendsa's putr• ford a r:pa.—s. "1'1 chasas adequatt Oa July up toad-ars• ha twee," U. be ruled the fU= and But ores tba pbooe magaziaas obscem Tuna" taoraiw. SWO Oft the breis d that reused to say vbether er determination. District not be was open tae Court Judge Marquette business. A passer-by ' Floyd • b=W a search reported that potenual warrant, and tae raid aatomers, u7ing the door. . ensued could not get is Three :trees crime ttttits. , ' Elated residents tbree naitormed veWck prataissd % *c=tfaue the units, one - crime protest at the stom and is scene mit. two emerged •- &ad of lshp Towa' Hob � services snits and oat twit Zoe atom Was opetatlag 3a from the -property bureau defiance of eigbt sum• � participated in the raid. mouses by the Wwo for The police seized t" 'soma& building and sign filar, TS magazines, 39 ' code violatioaa• but movie projection cameras reside= fed dteials ase ' and 3i coin boxes, which dragpn their feet . netted FLOW in quarters. one person. who had The police removed 19 belped ac gum the protest peeps booths tram the is now receiving polict store, located at 4424 protection, following Sunrise Hiigbway anonymous threatening Acardag to Lisseaden, phone Calls. W 1 UJ zRA 61r.' IL .. sK - 3 ;arc, � ■ w Y "' • "aa,: E �t '+S .�� g r: s► }}.v . s ■4-�;3 EE y`a; :S�N`� •3��: fij Y0=1 : •a 34 Low- _ V �El�a• �$�49 c gs _���� �.�- .. oa � o. tv ! «��.. .� � Sgt. ��• O� a_ri— ILO aYi�2L�3=;�s O _ E E �� �L • O jq2tals IL U— a31 fir! �_ a== �r .� d�a� ■��•r t rv3 ■ V Y 3 W-2 �� ` Y 2LC_ V V:Y�. cr=o` �E«�=o`�.�u■:�o ME ;yam E. a too Z52 s v<:: Wit= cS J =A: 1 RA 62 r• C- • • Y v U C •• • a .w v `j 3 w r L E fl► V C Y O O p is!- r �. I. Y ' s; • •� a; ex; Ygo � ° • • .- � - '0 a 1111 yam �v� it i i • C --- C .20 �_ ssd1C 1; =; 3'111 i�;I JX .8 AIC Y+»E-E:= • Q o aAt� da i. �Q� 3 i o�—a `; O c e `— a C.�� Y O "' i • r Y ywZ C�� . v 0 i2� :. v= i-- g�+i� �-�� ii a `vim a-3 E� % N p+�$ a E� •• C- O Y r O Y C G Y i.► V V Y COi 2 a.. G Y Y.„ �_ Y m ? tI » C0 AC 1 �u�. it :.Ncr�t....teQ `Y �3�.�NYw C :.O Y 3�= Y c =a a$ Y�3 c� . 3v.. > a• v 3 E E 8 O� c • i 1 v , • s = w CD— —r �rt >� Tr—o c M s =e SCD z'ov� • v , • s = w CD— R w ��w — M M y E 9 *vIi � c C r r�Sr?�t� . Ir g� ��� a.q• a� $ s n c e � Se Ow st q �ct 5.3 �a t. • • f A V.sCi:� O •.,� --off too sr— C . ? i �-�� ? • • � �L.•.e o � n 3? s w~a 'tee d—? Q i Lr`• ro ai��•�=ate 3 0 i C8 i— •+ • ,_-- 7�.= O = • Sir A d30 40 prim A r D lb la to • � We �w3r •ORpOA�ff •� ��• — o=^ Q�LA f O q •1 �• �.O • O • O m 0 C e• f i e• e a Ao � n a p s e C r A w MAM ' '• f Fie C s �� •• ri C f• S .� '� o 9* s r O cc 0 • e A: ��s a� a^n=3 •w =r- C_ 4 a'A iS A •ea.. Via-- OA�a s3 O�ao17� w.L•�w''� zw •. ..f c- it X 30^ f3sr B�Ies c cS = •Lia,—�wfi�..s�c ��� i�o,,�^>�i3=� • sds ��•�0o8•>rA ,aram �° IL sm S �. • R • A A %� oBZ�s�= i•Es��cm•�3��o3210 ��a .• d �` VIC • 4 1 pr " 1 'J • „w a Q• �. = ' C' �. a 0. 4c q, � t elf SP �f'R �s� • s f .i rre •ID.,•_ haws• �3� s c ��'� a•7.f • d V9 �f2i ZIP pop.�110 u _ ,es.^ .G `r- rTM a Y ^�GkTR10 K. of CARBACE li i �. — . — — — xrVe f Has of Oft a..em Pickets at adudbookstofe at Survise KVt;ay arO Sax'thto wn Ave., Bohemia `Adult' shop Chased, But Not By Barbara F"tschkin Bay Shorn—When the Islip Commu- nity Development Agency bought the building whert Frank Caviglia had his pornographic book sure, officials said they hoped to ran him out of town. But all they managed to do was chase him acnes the street- - Happy Hour Books moved from 2SA to 33 S. Main S: early last month. and • Car-iglia says hell fight to stay•therw even though the town is trying to ma3u sire' his v'COT is tmporary. Caviglia. 4Z. who faces a trial on two obscenity chum nett month. had rented the 26A E. Main St prop.. arty for two years. In JanuaYY. atter the owner defaulted on mortgage 7 - mews, Caviglia and -the CDA pied ior the property at an auction. The agen- cy says it outbid the bookstore owner by $100 and pM1trchased the store for 352,100. The CDA said it planned to destroy the stmt and male a walk- way between the shops on East Main Street and a pariiat lot behind them. Islip Planning Com+* i oner Steve Jones said the CDA eventually would have had to evict Caviglia but was de- laying that to avoid paying him relo. atibrr fees, required under law. 'W* Wert hoping he would move out on his own.' Jones said. The CDA adminis- ters federal rehabilitation- grants awarded to the town. Caviglia, who wears a St- Chris. i'er"Far* tophes medal and said be had been brought cep as 'i arcs Catholic boy in _.Lindenhurst,' said the agency had . doer nothing to get rid of the rats or '=plumbing plumbing in his building. re- fi,sed to give him a lease and raised - his•rent from 3250 to S325 a month. . So when Herbert Levenson. a Main Street optometrist, offered to rent Ca- vigiia another rare. between the op- . tomeuWs offs and a movie theater that plays adult Slaw, the bookstore . owner accepted. The CDA has denied that it raised the rent or that the book- store owner had asited frog a lase. The tawti seat Lavensou a telegram urging him not to rens to Caviglia - MW Is now tryingto �t a Asuic�t . eaurc ruling to fora the booitstora owner to dove on the grmxb that be never. applied for buBdint or sip per- mits and moved in several days after. the tows imposed a foga-month mors- tor;um on the opening .of any 'adult only" businesses, Jones said. Meanwhile. several store owneri on East Main Street said they was angry at Levenson for mating the store. L - vonson said that if the town could rent a store to' CavigIia, so could be. "But dont write aim) -thing too negatbi * " he told a reporter. 'Everyone s looking at . me. saying, 'What did you do?! In. •Bohemia. another adult book- swM at Sunrise Highway and Smith- town Avehus. was pickemd yesterday. Q�� r•v sd IBe a. _� , S to w . 0 23'•� aIL 2.c� 3-_ Y r�, Y 6_ s:{�� a5 s��= `:t�=fit = r'i i a Vs45.• NA IL 3 0.• s. �� • _- sod 45v IL ' s. L Y -CA Ogg it -__— _ ® oa it " a • '� •; i • • as ��� � Z m e$ a •.� �- i s t aJ 311 .cc 4c a • �Ha • Y ` C� •e; C A3% l e a u s `;_ as C D t� c v� � p �A y far, a J, 3! 1 J - t !tA ..wea ..6 nxll z _W; 4f 'ids do �eu 'Okaj �•,�; a -� _�1.i7 - ���T� �- i•j :-r ... � ��y�i� N _:• • • •:r: =:'. �' MAL. : mtr aw -vt 4- -;R 4b - SC '060 416" 4L 9nk(alo. L-A! MS. fes`w lc. .4i •f� 'Ici- 1 f`'•'-! �'.V ,.r . u 1.• _ 3. 16 ��,• .11t � �• � ,�j � � Mfi.:r•. -�",�- � � �,^� .tom r , � � . •r .ate.. ..y; 46 1�' • •�• 'f��-�i1��1Fi�i`�t�t' •� ..1� ' �"'�,�•--mss•. j �1�'«'++f16f�i•-yr��d�l/� •i .. MZ • . •r ♦ f 1• �j AL AL J KHAVEN �K :- + ;� �•� f � rig+.-�� - - 1 _ • ees 16 K•• �'.1���wfr=�Z;;•t•'• tet"'- ���r � •i'• 1.!• f Z• � -�!�'�.V•, ��w,'�+-'� ���.` s_ � � • ,... —. .r`. fr �•�,. f•. f - •-�� =• .-- .-:ar•a'ia'fa..: rSa•.,,�•s!�� •. ,.. ��/ ��%•" . �a - J�- J`` . �14 '�/• ':.ins "�`14-%+f•'`[w.�%I,�'I�,ya� LTJ r j _`' �• ..3vQIf y ' jY1erjc�j� -«-t POPS �p..y.y aC'rj.�`.Tr •'� t�v .yam ave - SIl�4y�xa',��7.• '�•. �.:/? ��J���}1�~ :it; } �,i�;,.,.Y%. f'�=•.• �`!7��f'�.T`f•' ff4 •' 7r 1 . a`.r7i1''....�_}y �'t w'.• f.! 1•.:•. Vii? •� ..i: i .. .� .-,�l'L�-i.�y i '�.�r^I'r�������;�t""�"•�s-�r/h:' *r� �ti;�_�� •ft�•.j` �'"^�sL�:..�.a:. �.• :•%�••.�. Vk �••' •. �,��•' LAS y7 _A . �J�' • _ .. • �� •' � Y s! �� •��i•�'`. •-'1.��� i '.�r�►'•'✓ter.• y� } � � � a yam. : - f• /�,T / _ -a ' I+�. "S . lot •V t 'M fir. I Av 14 � � • 'a' �.. � f ttiL � i f •iJ�� ` + • ;, . S ;. r:�-:•; �"�t• � is ff �,. Yf -fit 4'!' • ;•. t � �s/. ; !• ;;'��!'��.: .�� ••• - 'a�•f A, �, r? ~.�-/ - moo. ,,f_ _ �. • •\�.;;��;:,�,:;,. fit jz t G RA 67 a. ' 'r.�o r' i .r•= per• • .7 . C C • Y O ry- 41 E• O G p R G -• E w - C C C r fcl •--:-�:r�. a ��.ir� g wg G��s •,.O Y �..��—U— .,.8•CA • Y aMCg . .r ; Le ]ass. r a . Y id we- • -in i3x•�-c4FAP 3, !i 4� �� � wit ���� a ;•a ... ; r`o �• r aC a+f a •'� • -�� IN 2. IS0<ii •f �16 '39E$ i Y Jai' /' L.�. � � � ��• ::• _ _ •~. % 40 CD co Jwo El is 96= cu O C. Y _ S • s t a: i•l SIJ• - W at C 3 c • 1 RA 68 " picketslfrom • the On open. Lai enforcement of - 1 - ncials raid last we'a that the father AM. J • soo are diep)� ittvolvrd in porno�rapbp and my have Ilnhs to orjani:ed crit:ae. Thr elder Scorn is Also the aminger of the Mack Jack Bookstore on Wei 41011 Street is Manhattan, one of the lamest &dolt bookstores is the clty. H+e has ben arrut+ad In MatshatMan an obscadO charSes Z time since L%9 ind convicted ' eight tlmss� seenrding to Suffotit polio who describe bim as a "kingpin" in the "ports trade" herr. He inherited the On from a brother-in-law, Joseph Broachin- ni, who police say is part of -the f acelme Cfamily, a Maris faction. rwuo he is not a member of the mob, pWce say Scotts has "Sood contmejoos"• with csimizW elements that control mcst of the nation's pornography business. In Bay Share, efforts to close the Hap. py Hoot Book Stan continue. The store. ' bad been driven out of business at a lora- , tion oc the south side of Main Stmt because the Town 'o? Islip owned the pro- perty and -had raised the rent "caa- siderably," accordms to Deputy super. visor Greg Munson. Munson said the tam . tic wu adopted "'with the tbovSM in I mind that no one eine in town would rent s place to bion. We went unfwwnately wrong„" Last montha dentist wbo owns j the building adjacent to the adult tbeatar I agreed to lease the saes. The Sappy Hour Sloes has opened in iiolst = of a town morato iuM esacUd I hat tncatb, on adult budoesm. Munson said the Togs attoeaey is preparing sura- . moos- Agaims! the Owners of the atm. � r ti �s �rlow r� `t 1 P -O RA 69 oa � rj C• o i Z;;I= E€ � c i e e� • • s! a -C c �_' ' e� i ori 3b, ;r • $ z $ .c • s S.. E r E.. s, yr • �r •E a..�• C ,fig! S=lO..s• •_� •"r fir'C=i s a •ta`h. • -ZZ�i �a E;2�-fiitc Jig LDc 73 • CZZ rO.v>r;Cup I= �Eisu�•vY�Y• C e o e s ao�. -cc -2 s o $,: Ems= •sc i Y_• bawl. 3 s s. 0 o$o` E 72 ore • • to r0 c .0 •IL .C� Cr J • •r= ie a v7 = C CO C= �C $ C •v 1 rr a- .2 Y.�-2 y.. Or 3 • ..Z O O ` 0�� a Ot: G a C ; ` = O • O ■ _ �� 3 ° 1.2 16. �. = ,°;�: ..0 o o »...l y G C • —� V 1 • j! Oe v o`.. Y = yU� • _ • y, c� a�A o s s o 7 v BooRstore Is, Extended By Bob Wacker ' Rivrrbaad-­Stat* Supreme Court Justice Lester Gerard yesterday extended a temporary injunction doing an adult book and film shop in Islip, pend- ing trial in a month or so on the town': petition for .- a permanent doaia�. About 300 residents of the area around Bobe- mia Books Inc., 4816 Sunrise Hwy., were is the • courtroom and applauded Justice Gerard as be an- nounced his decision at 6.30 PM. their only brawl : of deeor= in their pint -hour vigiL Tbet wast quickly shushed by their leaders - The store's attorney, Mchael Polling, who bad warmed G a d moments earlier that if be panted . the Islip petition `the store is dosed ... whatyou're doing is putting a bookstore out ofbusiness.' He slid he would appeal the extension of the temporary in- jtmctiaL The town wants the store dosed for alleged violations of four sorra zoning and fire ordinances. 'TAM is no question thu the' Town of Islip doesn`t want adult bookstores," - amrnty Pollina said. "But that is a moral question. This is a legal one. whether the.Town of Islip used its zoning laws to close down a legal store, in violation of the ritst Amendment to the .Constitutime -- • - Islip Town Attorney Winiasa Besets replied that only zoning matters were involved. 'rho Atst Amendment doesn't let you set up a glue factory in a residential district," he said. The store's proprietor, Alfred Scotts. S'_. of Claire Lane, Sayville, was not in court. Bennet: said that the town hid tried in vain to subpoena Smtd or his am, Anthony, X "We thirst for some figures on their saies or profits," Bennett, said, sr• guiat that the town would welcome a suit for dant- ages because it would open the legal door to an uAmination of the books Gerard cited the abenoe of any proof of busyness loos in his decision to con- . tune the stay. ' . ! The elder Scotts, a proprietor• of the Black Jack Bookstore on West 42nd Street, one 47mes SquarVa largest pornographic shops, hu been arrested a ob- . somite charges in Manhattan 35 times since 1M9 . and con ' eight times but has never ser v a day . in jut. Law-enforcement sources have licked him with the Laahex organized -crime family and Bled him a metropolitan area Pornography kingpin. ' Zbi Bohemia store opened July 11 Two dm later. it received four summonses alleging yids - tions of fire, building and zoning codes In a week. . am residents had a picket line up and the town board was working on a plan to altar zoning laws to keep adult bookstore, topless bass and X-rated movie houses out of town. State Supreme Court Justice Arthur Cromarty signed a temporary restraining order dosing the :tors Aug. 12, and yesterday's action was to extend f that until the .trial. One of the antipornography 1 leiderti . ,ST'1 iaaL ;&cki of Sayville. said reser- .[. RA 71 APPENDIX 6 I J"I I1•id1«c1 4 "uu1'-4116 4✓V•1116, Ra • es.aat to 7hrs am vo7.law UIJP- L L 0& 15—To stop laid out too tar off the beaten vis spread of bars fn=ngl patL The lepl Ltiperu sugstst-1 nude dancers alto residential ad tb:s nug-ht amount to a: ghborhoods beta, town otfi-- suot ress'on of Of O"ers an drawing P m rijhts to enress� huwCgf_ or� runt a business -ret-y. ,Teat* as adult antanxiameat The town might also runt mee'" t0 trouble, tt Was suues•td.� ?e:sr F. Cahoian. the To 3=wlrisor. said bt hoped gram Oath is be:ieved to bi the fir: of its type is a stsh� woWd cable the town to a . scapi d the k=al difnw On other mttaicipafitia bad is vyint to endorse ' . 6 matt' Laws. Amording to tae district a. iorasys d Wwwal subttrisan Coumbes, Puldic indifference a nd.alts d eoort decision s the enfoecerne= d ata.ica z - rated poraosreaitic booitzhbop�s! �daa he "ia bass Eof the spread of adu t *vurtsiament" into -the sub-srbs. "It's a reality out bene," said Ira Simon. a Suffolk County ,•�;stant distrix attorney and Of the rackets b-arwaiL ?ears ago propri� stated SUM of carnm�iat rime by having toplas'danc• or Pornographic books and! �ovies- Now th"Im not be., use th" seam ;met the sighest cau-� have ruled tit r., R �Cp pad of eevposal is Similar; a neapt to one . adapted in eariv this • year wrhen - irals there became con, � aboat tic spread of por-! hogsaprthie =banters and book•• ops mto ruide=at areas: Nsyor Beame has- announced • t -be will propose a Kw hat WO -106 'tome oat" nustate. iarloa from tdse Tema Square; 1Eoe the prlt d is that theirl eraban is ant W-04 ccomm--: stedlow was applied succep-1 to stop the mwrsion d. s bogus is Rockawnty.i tens. beaus_e flare 'Wits 'an of one TWO* to the arta." Uning for the -,n rpose of ins pocaography is a recta- .. _Jy • new cancapt. one that! as not Duca tested in court possible abuses of either � x Amendment rights of ma - pal eomdetwunan powers. Sane lawr.•ers familiar with klvohing questions oil it Liberties say Islip might) lad itnU on shaky constau ional ground it the zone wast un wra an the more technical patntat tbt of whether Al municipality can ' use zonint laws in such a .ray and whether it Can ban as activity from as ata that �oidi the state or Federal Govern- ment trent Pumits wriOtout restrie-' had tion of sit hats-� 'fsistma an Ow ?ernes' l : 'we aped there will be -� some legal action taken against this.' said Michael Wrutde. Ccm missiata of Plasmins and Development for the Tons: of Islip. who is drawing w the beuse- 'Ut we also expect to .suc:essful because vitn•not banning these Places from the town. In fact . we're actually rnakiag provisions for their es• iswct. est it's esistamca an v� recently. mass of. the; X-rated establishments have: been along tU comniercial•in- t dusuW strips of major thor-; ougmares such as Sunrise; Highway and Jericho Turapikt� but sines they bave sprsmf up • at residential neighborboods.: residents and public; 'officials! have titin offense at what they consider flagrant sim&- tiotm For eninple•'one of the bot- tomless bars here. Says Shu - wood fan, displays its 'X -otic: Dancer" martinee and offers a show of _nude ma'.es and females jars block from Islip Elementary SCho01. '*'ve got to draw the line somewhe*W .said Mr. Cobalaa.! 'tri gone too far taward dis-� mptmg the q=MT of off oeom-t munit;► lift" 1 qtr: Cohalaa•is quids to says . dzWtbe some, which would ssoo istta �efiee withi:s its tnoaths Aw a imvad.bf da Town Cous- ciL *wottid not be d1owed to become a 'Yet -W d SOW • • He Insists that such a on would fbvplif t •?the . monitot kg of ;UUNiSihmeats ova*"saint . eateuinsm"L• which Self lk county via detectives sal taut aasallp trouble -fret iii�rs� S� S f year. accordingto the po- U66f th= eras not a single. at;,T�tt madt for solicitation or p e, titan at any of. the bot- ess dabs. eJ !span• who lives Meat• ad iesiVied to its pres- 'I is agiae it might bnnp dtlwnt the gtulity of the. AWOL -1. bbtdood. but if the voting LadsI dgp:: set it bete they'll probab ear• A Deer •• •ttwid be, warsa.' � • apiaining the rational' fol- .creating' an "adult enter- taimmsnt zone " Mr. Cuhatatn I siidt ''Sino tht courts ruled t tbitt;yoa can'entorct antttoo-i less- dsn,-Ing• we obviously; CV -1 close them down. Besides. I dcstt't really Lunt we should b+' t �e business of making trtart :be as to .►hcthe: i w places have a right to Since Owl% doing busi• somebody obvroosiy, them but you Can be s e'm going to have a sen*w�bare they attar' 34cardmg to loft. LoGrandc. the most innovative and equi- t10aspect of his prat: is its floating', character. Mai be lair to both oatrrtnt a. Prospective owners. he sats, the specifications for the ISO)ire being drawn with o nosite tit mind. - Ve'!I tell them ,,lis is what time ►area• must be like' and t*,' lex the chips fall where ttom�►r aisy."said Idr. LoGrande. "ti[e, tall! end up wab several asioitones- Sut as long as Lhey u!> e want theta. that 8z LoGrande said the plan: card for allowing astr nt' Ovalfirs to amortize 'their in-: vestment: wet a ihres-year; Des'3o 1, atter which time they 1 stsrF move or char-st the na tau .of enunainment to con -1 sores �..is!' t *4rt;L - • 1 Sue feel Mur approach is vet: ;realistic and positive than I thaw of ocher colmmunitiesi w-tl have tried to -So the cour:� roww_" said 'Mir. LoGcande, "eCeemny in :fight of whars some on with our society's atcades toward• such things. NosOdy seems very tx- ta wiless t really shrikes doleto botmt Tbomm Esgm wbo owns two; bottmaha bars is Islip. said l be would take so action against the.sacra's inning ph= " *-ft Idt a Drett7 much • alone." _be said. 'ive.,bad nO .hassles v4th them for years,. sad as kvg as th"., let she ran m7 btssiaess - P31 PUY . by their rilits Mr. LoGraade said that ria � !der the proposal tb* "adult. amV`---aiamenst zone" would yet no Closer trap 500 feet from an7 residentially zoned area; or as it ubbc W_%004. housi at aace wot hip* �or Public building. In addition,. tbg pdmny ec.: cess rouses wig not be paring. ted to zmvvw secs Amu be- came. as botb owr:rers acid pub. Jake officAb agree, the dlenttle bars in .710my :-ara.V no roo•.t in the c: - 'We're mosey av about t1e dancer to PwpK' said W. Lt% 'at:t wot:ltd ibou: C; :02 to walk ;u: Pucn every tar or. _11 to school. Nhi: do y to quesvoas like. sae: does "X" trsaa? cad 60 'any do to :herer are :ane the windows car ;That doesn't do mum: !quality of lamt'ry Ufc' t Inside We one. t. -St ia• ben fan rn.,.,o,G Y -be numerous rs=-.czom �Mr. IoGiandL tot SWdinp will be !pet arta. as _0 as t` 'of eats building. F. t: !^.ashiat or revol.ra= :fig.. be banad and ab1 sigr the limited. in tress o 'and height N.`. -,-IME 14 .tauwt.ena1. !Cason Jaw* sm �r F Yews sad `�f��� •,As{. vW M imam Witt w. It feH b� www:we SrM�T setas i :stat atoms. the t a V a t r decOM r �t• {� ayt'r ruliac. W41 .a,dd ytve v eniors Yr law Woo"t foto / r artwd. Freak ofd. l • "ft*donw M ~ of w of t set freft WreatcYaM fat U te krinL It 007 ttmd 1.01 M aM Surwart. uK OM st :ruo in Clan C ftv. la wt otT. r t • , au0frwt,r'rt t,ae.anm "st Is 4at 110% so e f �COMMo.ot A(tstit* QtMtJt aR Svmaostts dead tat h a office tad Pw4c, wtif teM-A e• ear bion, law doom M aw Natta+tt 1d µ,e,a.l21w arrestsses s mta doa+aiaw Weods7 M F m Did - Gaut. 1RieMela. is *sick J4dio SMON 31"n-boad;e1araesd aitht �� efaia't s Matins erw.r tlt, td. tlmt sAr low and tl.a a} a its ado d ate wManant"Odsor r++► tors. 'i1+o ir+d" arced shu atb- st.•:ows�w w 17. -.th"P ectiat tidttta .e�e.Maet E+oeas4 d• tA. hies e aPptf ra S.etfolL OW*,M Mit t e7+ tett the 'oar-- iie o i i• d ens, our a e t i• i t 7 (etetaCan" ad K tI act obi. ao me axpoLmus Bad asatana' v de to woo so"Wd diidrict suanw- ata ILO iiatriat Attoe,'. Denis Dil' Su.noeet aaodoc*Lws wbwthor h SOPaal it >, geilate,�jM e( Stitt Sr �. Alfred Eetas- "a for- 1•tifY ' iw Cfan .t, ca.•t m 4 b+nals.a cs+►rpa- rwa, terr.d with ..amtrotw d, •1w Sesn.,,,k+ pueo..d k , fmen vnprtvia^d d -, ata a w o w 9 the hosts M WOOL sw Stet+tira - t ttst Clot Cao w"e ,.,!fate jilW la. v i e t s- s,d 7 7 was in a smaner Pwlifial e+tttty s tarwitz; W4 Iw+ in14 dterwp' �w�irim rWG6& and steam tae IML acid, SOUP* he .wawN undo %3;01 d be. flea Ctawt� Pnaa+tt�>iaaa all ha rmsms try ML inewwe is GWS COVIL On, suany.• PM -I& fess sight Yv 5 for an ONOW Sam is but • afwkroaaw wtnelt apatstcs Oram is rwdd ani is Vatter SUP&M apawin s d.r 090M as S •. w4l be eeoamdr'_ � rsid. Ttr O' 3L; Furattun is - ttt:d, i ape, an !tttado-t ,sifts. said be Md not tires �aacdors Y sell w SuMaVL joke P- F Y ,w a wcrd:l•otrrn. -t P"W4WCIA are feed tat tntYtr I.amtat;M at htt+:at.ea "Ac- ta• in dho na'at l,ia t& • Duwe' Yid r0uNld"- t}.at tete and 1W. with CR-:1�'M1. both Of 'Are these going to be—AndIvOr S CG Cti'S Boraneilo. DMOMtie &3imum w�rr me Or ar 3101 . e X M--ark-s the Hot Spot By Robert Frwma - WjV -Tae, Sa90►+'w P"M Co. betas thr.ta it's a CPP idM bMt be W"Ms it kads't aarfaoad is as 4W tion Year: C,Wu sa vasty W "A up so adrl: stowmiaarrnt a t t i P as def" ie Hiah•a! tree NW'h May SMft ar Gnat Ri.or. sad is aossiderval alb - do -Joe • Raew+1' Masse in Lata RO40fthoaa. The 16421 is • rn.it the Prouenifte of 1 -sated broai- ta,aas is 00 two and beep theta Sar4! Itee. adroNa and dwedw& A C.dt4bw aide int we plea atip art ourself t1as ,rai<. Wit;edo atoo"W is "ymed, ataat:ta tat Itis dWd twfe lw tans as wwrriaot. is s a r i w e that emb again v a o l d heed to "Padtasal Pel e e - oft so VM the pias' Aad C4001o7 DCtt.00atta Cl.a.rteaa Deal - Ma eara,4114 tea a.krd rimew ai- ir -Ara assns a+t r be b*&— M Car W& WOIWKW gaasa• Man- eos, hatnevrwra nor " ptw� a r o a a ate Ms` h'«d. M e aFwrt the P".0" ons 4$optad a3rliot thio pest is bn. fast. Mammals A r a s r o is rsaidantasl. ,two :sat a few buw4 ,Ott •tat uw Sataaws berdot. Thr a,ctwn d S in a r i* a Hittrwsr is eases sa " linmd r,#% ,Jo•++ mod m.y-- ____r CahAan Minta to tht Pr4PW-l' inns as'Prip"" adidoe.' to -nhe a aetieet Pruiw"t' M'reimd L.Gre..da. Ltic i P I S s -*Warviaaad the "OfN dow ftm IN it loot art. rid the pntp- I aniat etasiro- us, +esid rmk iM ei - at' ms to t tttOWWW e"Wiat aa!oy r a t o 4 fAM AL P MUML theta �^ abowt a cwt sai.aes is Ul* a" Poe*Ie rr•iss *eat 3 - Ritba4s at to Rwmin A v a a e a OM yewAcdar that Nmir *shim► booth oaf act rn stem icer te& M- tattsnr's'a Eitsttaiat stoat is the Moviet i WiP reap a IoM bta dreg fwt stets OL sad Paw" M. S1dse H i t 21 - 'Tenet .rt7'Tet it.' Catat L,taet Of 13 Dil"ittt aid ei tM cottalas Pfd Putts. -r.o to As kids, t deal • 1 a Mv, putt M of boo w -L Doane Geatrt of 31 sitlersrlt 04MOL '1f *47 .rant M do a WMAC like trtt t`rT .mold take it some, Pyo Atte.- dr tail - Teo Preflual wan he ware P'Par lar in Litt Iteaktnkesu• A teat like that Ol eq td by Car , l a a 'womW brut is a 10 of »ww Sa: ttalliL' std Jars flrrna of St ROW vow Ave. Of 10 prem ittarrkow Slant the tw ptotro�ed + t t t � . ,,,wlT ret t a r at i a t !knot. 'Ma+lill' W1t' Som4s1 cW"Etan is aw Massed► ataaa, bow,", aoid tr ey a a r a d a (teat deal swat "teasel W*@M at aAd% strips. -C.eprrsa7 2 &4 who t h a w thine• b nw* laptliaed. own it a tandwfe7 ittr s o c a ti pewoo Y 0 fra+ra 19OW tt+aaa.' asst saw 10, teal jecon d tea asp Shan Jonas C AiML The Ra►.:sMW Candor. New at 3t. l21critit'a Caddie Cbwdf iM 4s Sear, sit be and an Cold- tetasi Me"O is as 68 WOP"d heats ti bad not tont it Rdwrer. b said o e vrld be Olen to eha as.nPlain" at 1i Mrirdi4atas vu do PtpeasL Ycl"laa Y a P P i. tfte tl.im-wr at She". �i t a d Methediat Clwedt is Ear She". Jaid each atrim an -brim M have a =4 oliva in trona of . Mor - 3w, 1,oai DW^NMtp were wick to si- tu* ins memdoL R•curd Lunlsert, tar 7twtew'sat.e andidaM tar the c e M s t s tttidatum from tier $87 share - Wal I a I i 0 arra. alled low Plea-daiy..00bw.' Hs sd" booldiat a had dart to *hock an k i a d a of Once WA fcPPGIAM dot fle" rtdt Lactstde has said Most W. amt wtarrtaitte�r+u WWW pc2n v.11 plan fficf.-q d ['*;^I tx, r d- By DON GENTILE nn 74 ' Chinning that an Innovative plan to stop the spread of Audit bars and X-rated to" or � en lidt thrr "re :! ovite theaters through the use of restrictive zoning has become a political foot. , scrordinr to Micaseh " Islip Tota resterdar shelved the eoncept. ( i 0713841nr eine .rwa Supe -niton Peter �.ohalan i - : rum campaign hosdonarton of the Suffolk County L&r>;• L►aibert. Demoeatit i fire are oa end omen • bs<stil. a„ed yews coater• 1 is ” repcbl;as Dena confer I � cf;o l One oppedrs +Richard D, I eandidats for County Lerisfaturs : state along Swiss Hirk.at "T aai hereby directing the 3 from :he say Shore -Fast Islip' Ar said the bate we"er :,:replete discosanuaece of any otr pvoe ares. titled: 'Dick Lambert De -'slated for tbt expansion o -thw stud; of tWs tcneept and 'unlem plena Islip* Plan for Smut. . bichwar. Peer called on � Zones t Carer to :been do+ f11 net brne it op acain i would be creatine an Z-rstad order spot rective overrhelming soppert, =ens in which all adult eater- 7%0 eirsdars. which say Islip's 1 Cabal" said be felt tha: the public osdtrstood the o rid our tots of this smut acre "r citisesa." talumeat enterprises we be eomcentrateL pLa could make the toenmtsni:y t the " divans of Long Islats& � then would rally to its incep 1TZhe visa. 'brainchild of Town lasairs Commissioner Michael Cobalaa said the eoneept ran d;=ortad to the degree that were handed sot at St- Patrick's . But a* for sett. the super Chum in DaT Shore ?tsterday. l said: It is simply a good ..3bbbbG000Gsaade. celled for a S*Mlr maps appeared in sots• pablies• Cahalan said. I whose timsa has sot yet corse.' raituoe,a Tequitini that "adott tietu sho— C the rs•ct locations prWerly, esecuted. Cohalas Calls It a Mistake be located 1.000 of .bete the X-rated zona said. the concept vould have ; Uma tm _reamed by ? Yblishments" from a *eboel. church or 'idonm Currrtttly there are tea, would be. The supervisor. a xepnb7icsa, wiped out. the X-rated baa:neases t' yesterday. said it bai bee: by requirn e them to seek ap- mistake 64 the circulars . s:rict:ions for the businesses, charged that the misrtpreatated I prOVIII trot tba town which .handed eat a ebsreha. Be ! shalan acid. '! plan, called-Colalaa's aocesons would seek ad ee from citizens. I he had cal!ed pastors eve. _ Z-Ratmd Zewe 1 sones' by Suffolk Democratic Citta "Distartloae" mattes 'Unfortunately' Cohua i however. that i! tunatdT. aaordinC to chairman Dominic BanUMIG, Was .a and tows Republican also picked up by town Dana said. s added. tbo plan 'hmst be abandoned be. t"_d a 0 chairman pathos. crane candidates sad tsaad as. a j plana tray eoasttmtd m eampaiCS Ian& eawst d W isiatotlitat and mit-it enied isa a. reprrsentatiou of the Democrat- it ately atter lasspubi:m isistd reports to ratan Islip I Cowan passed � oat cbrtilars .,week's ie candidates.' � ► Trpetts. - Islip Drops Flan for eoMOgrdp11y �vjlQ " ?R&NAY G1.TTE RA 75 i&mu %P TM ;;OW Tu7 :iM SELDE . L 1. Oct is.— 9—td by c;pomum hem res:• td ICootinusd From* Page 1. Col. 4 M -r. Coliahr.'s Pun as ban= too -t...%sl W poliuz nvalt. o.''f • Ws W YIf Town- of Islip an. Dess3v4 '�'� �mit Ifit• under W Cotalan's-Snob adult • eatenaionienti Coni that th h' i Pta�.touncedstnas are bound to have a bad I This proposal was sitrulas in effect in tarns of morals." "I: v►ere abandoning It a pias to concept to one adopted is Dos-,lv-cbous Nappi. the vunistsr at' Itoa is mai 'Adult enurtut.aisst earner flus }ear when Ot i- tits United hlcthodir. Church is <A the ans. I gals there eoncsrred.Bay Short. LL "I3e plan is dead. it is fm. �b,e..c�a.'mwe about the spired 4 Porr0-1 And opposrttoc was roe! said lora Fns Cobalan graprlic thcaurs and boo3csl:opslfrom local residents. ,:!shed.'* Super+►isot. o►bo was scir.hiuet into residentud areas. -� got six ehildren and I S`a Beams has announced don't want t m my ;ItJip en's chief •) Pl 1 %Mr.C4haUft's deputy that be would propose a Lw1)�Y� Lopw. � -tone Frank -Ws that would ouV massagaiwno lives an Birusmim Susm xJoao. added- art drop. Ow idea bemuse d ad- vasa pi b ty sad because our. parlors from the Tama Squ`jw! ,area as the ps nobs tJsst proiiteratioo is not "'Ad :num of the -era` that woWd have comprised be sone. Last, I� at a hastily caped De +ocatic opponents have,, orplctaey distorted the tssue� 'H_;z I�� p�ag' prumile was applied sitaxst- news coeife eace is bis office. a weary Mr. Cobalan ,said rasa made ft into a gousque. l�! to stop the incursion of aQasios Sorosss res ltodurway, L�up- with � . wTAWas less chan a •peels ago i 1� i for the purpose of by ma � � !he MR � the plan bae. Seen disclosed I 1 fighting Portia, is a rda• tivoly It mad bas eta,, of the woeld. as our oppo• Cobslaa. a R*pubU n i E-ho l am COU not bees tested in roi:tt lbcyos>t�le Rents bays charged." be said, Z m4 is g for rt-dec:ioa' { abuses of either First Amend* warld_•soivo 'next aicnth. He said st sae time meat rights or aiuddpal eon• a very serious �y �'' Oat the purpose of bu plan dennation powers. Mr. Co- halan bad earlier said be be- tem in Islip -mad the :est of the =DOL- wn to stop the spree: of bars; lieved that he would have been Ms. Cohalaa was flanked by I -retsina nude dutca s into! able to pub his idea throw Anthany pare, the .slip Repub. districts in the town: without serious oPPosi� lican leader. and by Mchad L f1e-denbal at LtIix a consvauve area on: But cis conas concept . wi mre- Great. the presiding officer of (.Long Island's South Sbam diately utacksd by Dem==.the G.O.P.-dominated Suffolk wbat the 3l -yea -old suM'' IS well as bw resideFIN . fa�t�, "I kWW wbat the rc=dtrtt�al; •'� Democats have tushed 1visor bad m mind was to se:. sore u. I ,,crow what on mdvs-*this issue to partisan polarisel UP an adult eatr.::nmea:s.--.pi arse,, Zane ts. and I turd I���,- Mr.-Cohalan d*- oei Sunrise Hegr►ay. a major,, "t as • dam' a.:ers s lsiip, nerd aac�t,5er i �. said Domime Buinrlio. the SLIfolk. Democace chair- I "Ice any case. the pin � dad I-:G.h zone in AC;:, -„_ ;fie m ,Are t�tse jCCA- % be-racdve oFemrbe:-cloy =Ppm ai:oniooma, �:. Coitalaa said �iai ?sir t lmawn as Cobalaa's aogtavus ;from reiirpous. resideacti utd Zones?" - er C=U=' leaders." Mr. C ' Mombi. who is rtm-�oth� - w►oe:id haus radIningLoafs to the `adult agaicst W. Cahalan in tbei -SuppoirO No way!" said .. -4 aura entz-.ar=t= Isuper►isces race. said that thslLee L Koppelman. ccecadve zDnzW in a subuza:s cotamti- �Of l ffd the N.Usau_Uf1D* MY 14 tyre �� :'`.:s ail o thalrt!g9attsal P!�g bond. In :dtUt ctt.sirsisicit mita place - 1:ummmi uP the initial teaeion SimiIsriy. a �fety 'Mr. would bs+►e been esubiished by al civ 'It* Cobalaa'3 aaaounce- and church ottidals eoadeainsd roam. ?��tiag c rplrc saazng N r RA 76 Cities use zoning laws to fight pornography d) Annie C. W&rwm.: Special to The Christian Science Monitor Minuespol' Land -use inning rAhet than direct cm =ship is becoming a more popular stmteQ ut the battle againg hard-core. pornography. The most recent city to tura to such s -Minneapolis. fotlowmg the patterns al Boston and Detroit. The geacal m m Minneapolis and Boston is to curtain " entertainment" within a certain area: Detroit, zoning is used to dispose it. . Critics charge that the zoning weapon is constitutional because it abridges freedom speech and expression, and opponents vatting for a promised Supreme Court ruling an the Detroit care. U Detroit wins befam the high covet. zoning ar quarantive device ecoid be alternadve to censorship. supporters d zOak contend. They cite a stuff US Supreme demdom upholdtag the general zowng apt. whid spoke of a "Wain m" as being s:ipprtrprta>te. "like apig in the parlor bu teed of the barnyard." sc Other Cities brides tb-tbas3 also ars aoosideriag the tax of Ming in a similar tlf3Mlr. to Naw York City. the planners are eoesid. alas zoning Clangs to rso-lled esarict ca 'massage parlors," I -Mad movie bosses. aid pornopaphie stars. specially .in 'limes Square. But in Islip. Lang Island. a proposal for an "adult stero maent distort" was dropped when oppum is aQned k :round, Coote ndiog it woWd ltd to "pockets of •w L covin. a -Wecial zow" never jot.beyand the tasting stage is Denner :s •atmile masons. although toning bm flanges -ohm new theaters m eerub raideatial arse is effect _me�We�d d .emoted "porr+o theaters. Kansas City, ! L-Wuri. officials have coned- erect. but ant acted upon. a conta�runent zoning approach. and Boman's city law depart. meat has had inquiries about the zone device ► _ from other parts of the country.etr In Doit~ a U.S. District Count gave the sonutg city a grm light on a IM zoning iav► sectnoa am that limed "adult" book stores. tbeate-s. and "mini" theaters ea by mum of restncaon an adult their prontia»t. to each other. But a U S. Court m d Appeals panel struck down the provision as unconstitutional in a 2 -to -1 de�ttsx not Although the Detroit plan uses zoning to d disperse. raLher than to contactor concm- are tratthe, the rauanale for it is strikingly similar ung to at used in the Minneapolis "einvow.-r w - tel impact" approach. tht The Hrmsapotis Planning Department's sat brief argued, for cam*. that a key element is a eono m�l self-image. Thta. bscaim Court pormonis are associated with other imp. �. borboods is "decline." the introduction d ane is ppeerrcdved as encouragingme the Sam kind ei bright - Tbs thrust of the quality d life. or liie-styie. argument is that the burden w ftsedom Of speeeb and etpression is night and iadirsd: a city tiff a "sompellutg" interest m regniatu g land use to sere and stabilize a cammuaity. it is cootendad. The Court o(Appeals majority in the Detroit ease found the ordinance provism was an attempt to control "coateat." that is. to Censor via prior-estrsiat, The dwe=ng judge. Aathoeky J. Cele- be�eset. said the Fust Atamdment was 'bot intended to be the death kmZ d the cities .. . It ere are m pMAW ota%eitis from bacommg tmiahabitbk }ends. we twat. within eon. stltutional safeguards. rstare to our cities the right d sdfioverament." S l� C% d C4�� RA 7T � • sY �a Y� r� � a C w � S�- r �3 • •3�= • + O 7UN �1 • e CVAs 'n. 3 ... • V r Y • Y I. V • vom V Y fe:so�v�v�; 3ci•- '. O� • .. pLa C w V a a Y � S!�� • w a45 v rY vv d4! w` p' �SC w� • t� Y Y • . w < ea -IQ i .222 lug A 31 a • � � Z'Z e = • Y �� os E �QC. �lWAY 7.Z • p • Q )-. a j3 = • 372 1 V y� w • •r %S a. • p• CO L r C C V•• C Y 3 at os 00 •d �c-C a•ts3 •vg ;'3 . "C tAs _ 0�+ C. • �2-Z. V v <3� 'ate a+eco c>e�•o•d iea�� �e�c ��� ; s o e AID -W ani Su so • 49 •� fr`i• `iSS9vY�ya ;� • r -bpi vvdLall ILY v y• 44+._ �+ t •'v 4 %tMia �= r rl,-a tV w 394.0% gig 0 02 20 � A 1. •=-esu 40 : r 1a 49. 49 so F 000 1. 19 a ha•F.-Z' a �ri.� ; see �`��12 • WAs.�� f Yeas • �1■ ��3�•$3m— = `$Y �;m Y+ �O .$YiM.��ifs EY •._ ,120• �•'j_i�t �=� �`gIs � gc110V7.11.=i maw is �: • ± • a �3 • �i _ wa ` `, a �7=�` '040 1 E P.0_ IL -W=:gig =�' se3� Cs i.0s•i��wMwi�sY� t��:"' E=�_ 'town wn kIslan erogenous zonepl an By PRANAY GUPTE • n.. tM Tbww No" f.,ry. NTT YORX — Faced y by pawing opposition from local residents and political rivals, officials of the Town of Islip is Suffolk county %•' - �.; 'i announced Sunday night that they were abandon. ..� -tag a plan to create -an '•_� "adult entertainment ` Ft sole" In the area 'flee plan is dead. It is flndsbad." said Pew Faz Cobalan. the Islip super. *= visw wbo was the pods chialt em Cohalatii*s dipnty. : ► Frank X - �.J'"...i• Jones. sddedr `NIS ; 'We art dropping the idea because of adverse 'i:t % 3�• • publidy and because our Democratic opponents have completely distorted • 16 _. it' . the issue and made it into ow" ry Dcw wa.sona grotesque matte-.." The t two -alarm fire opponents Call" it an ±he $13.500 fete erojenouszoa� It was lest than a week nater. - ago that the plan was dis- closed by Cohalaa. a' Republican wbo is run. slag for reelection'next 1 month. He said at the zirat that evict purpose of I tted. bis plan oras to stop the i Spread of bars tutu.-ing J "jive him All the made dan= into rssi- ; = sae assistance in Town districts is the Town of 1981), a eaaserv. +owe:." ative area on Loot �ov. ti, the mysteri- Istaad's South Sha L ;Pbersan would be What the 31 -year-old i way back- Or so=Pervisw bad In mind Ingtou wrrte to wu to xt up an adult IILPSou"in= a entertainment strip- on st convinced thea Smtriae Inghway. a ma- angress' cotttmittee jor GAtC7 in Ullp, -and s cap, incidentally' of. anotbc• SW*. mac In fwyers and a farm••'keIg t Lake Ron.. said. in a letter of late "I have con. - 1,Capt Macpherson Cahalan said that his if the propriety.of -PLU woeid (cave led to sing to the Can. tbe:flrst tach "adult 'He sets out this eaterWament zoning" in end I am bappy in a suburban community in ving an opporrmity the COuaa7. Ong before (the gm his onocspt was itCongress) -•a immediately attacked by for the destrue• Democrats as well as •f the naval force: of local residem is, and I think I know as Cowan.3 40010.11oui what an e':teaout zone tooes?" U.- said D4tmjnie J. Bata- A number of civic ace nello. the Sdfolk Demo- tliurth officiadi Liao can- cratie chairman. "Are demned Cohalan's pial as these joing to be know: too permissive. "in Performance at Wolf Trap:' Bonnie Raitt - and Mose Allison Tonight at a- Saturday night at 6 on KOAP, Channel .Q PBS . Made possible by a grant _ 1ltlantie Rieleliitd Colnp& ty. �. AT STAWS - 7ALE1A EClAlS ES -BRAND NEW EU PxEKA Upright Vacuum Cleaners NEVER BEFORE...PRiCED SO LOW, AT STAPIC S 0041Y e � 1 IN .=.enple. mw bat has*. vO30A tr ISI1I•. N.Y. — Town ofDeiala in t1+u pts>a as'X.90c Daseu•ur agyea ted. � Lost Island suburb an r4sasing as lifers male and lestals nudes. is a � � adult entertainment sore' is as diert trey from Islip Llemestat7 SrhooL. to steep Oats featuring nude daacen from-Yoti'•a tot to draw tt».11aa demo•. ~ ronswag Late rtudes" oeigMor• •hen. said Torn kiupernaror tater-r. 1! hoods CoWUL -It'11 Sona .tan •tat low., Lis• ti "Wt essact facts will be some legal rupust the. tuailt7 of out aamsat W 's action taken atasnst Ws.' said 1Ucbsol Wt.' LoGroode. tallp's cars—saloeer of plan- Under the propow. LoGrsnde said. tbe'•y rdug and deretopmest. -Sat we also ex adult entarLwamout gone. or pc ape ww 1s pots to be successful because vers not etal `tttlttism+sa,' WWA14 be as closer the booming that places from the tws. Is St)O lea( fres at7 seeldendall, Used •it tact. gem aetaalIT ,taaWng pts*idol tot aru of paOile Bathe .ag plan. • ` ' y tbalr erittsaes but... as our tsssss. -Wer* vorried abast Judi htrrisg W. to. The p1w which wM go late elect is walls part thwpt acts 'traT day a* tbdr Is . ds months u approved by the Torn va to scho6V LrGtasdt Wb " 1R W i _ ' Ce0MIL age congnred vbsa X-rated es- rod as� t. question take. 'Dodo. •,W tsbliahmcnU betas sprudWS.ftom so4 doea.'r.AMF anti -ft" & Mo is on 1 aooeds3-InduMW section to tvideatlat Uwar Mw doesa't do m ch J ;' ft�iltl of taadli 11i''!�}' entertainment' r .�r plan dropped tt#..�. community � IMPPM tease on for an "adttk sector bw Lw after • ��a.maetstseiRWOMis logged a ,odd tura tats . the it t&I�661uSoorvtommasi_r Into Paz a, s�o+rsaed sS�ttsde7 be wu baa a� I f Dtssaestte�par ebatr� a said. '? inir ww the residesrtlal seen Iiq I� TT i Vlater ergeswi demi Ca6alaa old the I" was to keep ststp d2ba' alrprse UU pwwgm y sad sisL. Ur exablt MMU out se r"Westial lob aestsj "0� a +M�► aM an" Steee+sw m+aadisterted �r. !star l,• Ove S �� �� (,;� � S m 80 RA 81 APPENDIX Hare are three eiamp;es of land -use regulations as applied to "adu:ts-only" uses. The first is a simple, straightforward conditional use permit from Norwalk. CaL-forma. The second, from !New Orleans, is slightly more inclusive, as it strongly resembles but greatly clarifies the oeigizW Detroit ordinance. The third antsy erplaim Boa. ton's basic approach and is e3peeiolly useful for it.3 cc meats on definitions. Two examples o! ivansiar ordinance—one from Fay County. V u'>i. and one for Santa Maria, Califor..i; show permit procedures for massage parlors acrd live tartainment respectively. Norwalk, California Development Standards for Adult Bookstores PURPOSE AND INTLIT The Norwalk Municipal Code § 9213.2C (14) provides that ..adult bookstom" can be operatad in the C-3. C -M. M-1, and lei -2 zones rubject to the terms of a validly is. slued Conditional Use Permit. This Policy Stau=ent is in- teadad to guide applicants in the preparation of plans and guide the Planning Commission and City Council in the review of Conditional Uee Permit applications regarding the necessity for the permit and the factors to be con- siidered in deciding wbethar or not it should be issued. TKE CONDITIONAL L:SE PERmiT RrQutxrmE.rT SHAD. APPLY To ADULT BOOKSTORES um THE FoL:. wmc, Ir+• STAxtxT. 1. "Adult" bookstores constructed or developed akar the effeedve date of (thee ordinance;, Decamoer 2a". 1972. 2 Any place of business which changes so as to be eoa- siiderwd an "adult" bookstore, as dafined by the Norwalk Municipal Code. 3. When. in the opinion of the Planning Director. sub. jest to appeal of the Planning Commission and City Com - cal a combination of the above factors would require a Conditional Use Permit DEFII 014 "Adult" Bookstore Any premises from which minors an ezeluded and in which the rets sale of bookm maga- sinesne.rspapess, movie Ams, derma. slide& ar other photographic or written reproductions is coadncted as a principal use of the premises; or u an adjunct to some other business activity, but which constitutes the pri- mary or a taajor attraction to the premises. DEYEiAP.)m T sTA,ND 1. "Adult" bookstores shall not be located within S feet of. or in dose proximity to. any residential zone use. church, school, park or playground. or other a: where Lags numbs. -3 of minors regularly travel or coag gate. 2. Buildings shall =act aB applicable safety standar of Article IIL Chapter 2. and Article VII I of the Nor�rl Municipal Code. including but not k=ited to acegtu Sreproofng of vans. floors, and ctlings, adequate fire capes and exim and adequate fire^.roofing of all be storage areas 3. Offstreet par icing shaD be provided i^. accord &: with Part 17 et seq. of :he Norwalk Nfu:Licipal Code: a each paricing area shall be paved. striped, and ligh;k accordance with Code provisions. 4. No signs or other strucmrss shall be placed. e.-ec:d or used on the premises without prior approval of . Planning Com=issm nor shall the buuditg be palated garish colors or such other fashion as will effw=te : same purpose as a sigatsl. L AD oifsisa improvement such as curbs. gutters. sir wa lm &m approachm and street trees shall be p vided as requited by the Clty Engiaaer. L The interior of the bookstore should be adequau lighted and coestrar.ad so that every portion :hereof readily vivU to the cleric or other supervisory parson: from the counter or other regular station. T. Lobby and entrance area should be designed so to obstruction of sidewalks during opera= hours S. AQverdseme"a, displays, or oLlia •promote materials shall not be shown or exhibited so as to be bla to the public. from podestran sidewalks or walkwa or from other areas public or sa3ipublic and suer : plays shall be considered sig=. 1( Nonvalk, CaIifornix Development StandardsRIor MotioiA Pt:RP0SE A.ti"D I`TVNT The Vo. -w lk ,•Iunicipal Code requires approval of a Coo. ditional Use Permit for const.-uctior., opersuou. or expan- sion of motion picture theaters. whether conducted as a srpe:ate business activity or in corienction •nth another permitted use in the C-1. C-3. C -X M-1. and M-2 sones. Dn e -in and "adult" cheaters are prohibited in the C-1 sone.. but per=j:Zed by Conditional Use Permit procedure in the C-3. C -M. M-1. and M-2 zonas. This policy statement is intended to guide applicants iti the preparation of plans and guide the Pig Commis- sica and City Council in the review of Conditional use Permit applications regarding the necessity for the permit a d, factors to be considered in deciding whether or not it should be issued. Tats: CONDITIONAL Uss PZRMIT RtQulxzmz rr SHALL ArrLY To MoTIOx Picruits THLATICKS Ill Txt FoLLowisr. INSTAIca: 1. lfOdom picture thestars constructed or developed after the effective date of (the ordinance(, December 27. 19'72 2 Existing motion picture tbeaters if the theater is rr constructed or:amodeled. except as required by law. to an extent wherein binding permits are required and/or for any increased seating capacity. 3. Any place of business wherein movies asdlor slides are to be shown as the primary use of an established and permitted com=ercW use. 4. R'hen. in the opinion of the Planning Director. sub• jr-: to appeal of the P',Qnni +g Commission Lad City Coub. ciL a co=bination of the above factors would require a Conditional Use Permit. DEFLNMON , 11lo6on Picnue 71eater. Any penises in which motion pictures. slides, or sialar photographic reproductionsare shown as the principal use of the premise$ or are shown as an adjunct to some other business activity which is COD' ducted an the premises and constitutes a major attract tiotc and wherein icon of any kind are charged: and wbwuia such mnovies are shown on a regular be.si& and not to include school or public auditoriums Used for geac2ny noncommercial purposes on an imbequant basis. DEVELOPM>=Y'T STA_ti'DARDS 1. Motion picture theaters should cot be located adjo- 0 Picture Theaters cent to residential zones or uses and shojid be snen:e minimize any harmful offer. the building and use . have on any adjacent use. 2. "Adult- motion picture theaters shill not re within 500 feet of schools. churches. parks. playing f:e or other arses in which targe numbers of t=no:s reg-; travel at conMpta. 3. Offstreet parking shat: be provided in accords with Part 17 or seq. of the `oma& Municipal Code such parking areas shaD be paved. striped vW lighter accordance with Code provisions. 4. Lobby and entrance area should be designed as to minimise obstruction of sidewalks during operas houm S. BuDdings shall meet all applicable safety stands of Article III. Chapter 2. and Ardele VIII of tha .Vorw Municipal Code. including but not limited to adequ fireproofing of walls. (loom and cceilingr. fireproof stor of film: and adequate fire wits. L No aigas or other saws ua shall be place& erect or used on the premises except as provided for in the � walk Municipal Code and thea only with the approve the ti'or.ralk Planning Commission: nor shall the build be painted in garish colors or such outer fashion as wail fec:uate the same purpose as a sigatsl without the proval of the Norwalk Plaaniag Cox.. -scion. 7. Advertismenm d:aplsys, or other psomot:o materials shall not be shown or ea u' bind so as to visible to the public frown pedestrian sidewalks, c i ways. or from other areas public or semipubiic aero st displays shall be considered as signs. S. AII offsite improvements such as curbs. y-_t:e side.rallu. drive approacbes. and sweet trees sbaZ be r vided as requ:-td by the City £ngneer. 9. All bu:7d ng openings. entrie& windows. etc - ..adult" motion picture theaters shall be located. cover or = ned in such a manner a to prevent a view into t interior from any public or semipublic area: and for mi coastructwa. and wherever else it is considered fees:: by the Cotm=ission and Coo—' the buDding shall oriented so as to min+*+,;+• any possibility of viewing % interior from public or semipublic areas. 10. No loudspeakers or sound equipment shall be us for "adult" anotion picture theaters that can be diastem. by the public from public and/or semipublic areas. IL R'ben considering an application for a Coad:so= Use Permit. the Plaanin; Commission shall impose su other conditions and limitations as may be deemed neon nary to cuTy out the purpose and intent of the No.-wa Municipal Code and to preserve and protect the ge=e: public health. safety. and we!hre. New Orleans, Louisiana Amendments to the Text of the Comp: ehen..ve U -ting Ordinance RA 83 Bt rr wovta car rmz Cov'"cit. or rmt Ctrr or Krw 02- C AN S s•sArs that the Cita Planing Comwission be. and the same is hereby authori-.ed to hold a Public Haating for the Purpose of considering the followimg amendments to the test of the Comprehensive Zoning Ordmance. Ordiha.oea 4264 M.CS.. as amended. as follows: Amendment No. L Article S. Section 12.2—Parmittad Uses. C-1 General Commercial District. Item 2, delete Item 2 in its entirety and substitute thanfor the fol- lowiag: 2. Amusement plana. abarsta. or theaters. except open-air drive-in t heatsn and asapt adult motions picture theaters, adult mini -motion picture theater. adult cabarets, and adult boo', toren. A rn dment No. IL Artie: S. Section 13.2—Permitted Una. C-2 General Commercial District. Item 2. dalsta Item 2 in its entirety and substitute therafa the f& lowinv 2. Amusement places. cabarets or theaters esctpt open-air drive-in theatars and except adult motion picture theatars, adult mini -motion picture theatem adult cabarets. and adult booast� Amandment No. IIL Article S. Section 12.4—Permit t d Conditional Used. C-1 General Commesciai District. add new Item 6 as follows: S. Adult motion picture t:heaten. adult mini -motion pic=as tbaaters, adult cabartts, and adult book stores provided W Any of the above rice shall be looted within a 500 -foot radius of a residential zoning distrix nalns a petition requesting waive: of this ri gnirament is received and verified by the City Planning Commission signed by Sl per cent of thaw parsons jresidia; within or owning) or opessting a business within a SMfoot radius of the proposed lotatia4 in wh" can the City C4=9 may waive this vegninamsut Any such petition sW be presented to the Qty Plaaain= Commission at or prior to the C Mnissian's public bearing. or within three days tbereaftar. an forms provided by the ComasissiaL (b) Any of the above uses shall incl be looted within a 1.000 foot radius of two other such uses except that such restrictions may be waived by the City Co'"d if it is found:- (1) ound (1) That the proposed use will not be cone, w to the public interest or injurious to nearby properties, and that the spirit and intent of this ordinance will be observed. and r1V_ _W - _ (2) That the proposed use will not ells. -It or courage the development of a "sr;d•rz Lrsa. Lad (3) That the estab4.-hmeat of an sde;'=&i i of Oj ty;W m the alta will zot bt :�:.•�, to may program of neighborhood conger tion or improvement. sitamr resideuuAl nonresidential. and (4) That all applicable regulations of this db=ce will be observed. Amendment No. IV. Article S. Section 18.Z—Permit Uses. LI -Light Industrial District. Item 3, delete Its: in its entirety and substitute therefor the following: 3. Any business, commercial. or office uses persi;- in any business or comazercial district except ad- theaters. dtheaters. adult mini-tbeatsrs, adult cabarets. a adult bookstor s. Ataeadmrmt No. V. Article S. Section 18.2—?ermi: Uses. LI -light Industrial District Item 72, delete I:. 72 in its entirety and substitute therefor the following: 72. apes air drive -fin theatem, except adult drive thestsrs. Amendment No. VL Article S. Section 12.4—Pet'—_ Conditional Uses, C-1 General Commercal DsL-ic:, aS; subparagnph "d" of Item 2 rehtive to drive-in :beau and yew subparagraph "e" as follows: e.. In addition. adult d.-ive-in thaaten shall be subje to the conditions as provided for adult :notion p Mn thsaws ander item S below. Amendment Na VM Article 14. Defttions. add si definition 2A. Adult Usex as follow 2A. Adult Uses. (a) Adult Book-stom An establishment having as substantial or signiScant portion of its stocit trade, boosts, maga:3nea, and other pariodia which are distinguished or eharaetarizod by tim emphasis on matter depicting, dascsbia& relating to "spedfied sexual activities specified anatomical areas." (as dewed beloc or an establishment with a segment or sec-;: devoted to the sale or display of such .:lural (b) Adult Motion Pierwv Thower. An tnelos building with a capacity of 50 or more parso used for presenting mstarW dist=g bec charactejad by as emphasis on ttsaater dep;, ing. describing. o- rt:atmg :o "'->ptcjiiec QPesuu Activities- or "Specified , raical Ansa" tai RA defined below) for ob.•crva,.on by patrons therein. J C (c) Adult Mini -Motion Acture Theater An enclosed building with a capacity for leu than 30 persona used for presenting material diat.iaguiahed or characterized by an emphasis on matter depict. ing. describing. or relatin` to '"Spaded Sexual Activit:ea" or "Specified Anatomical Areas" (as dedzed'below,. for observation by patrons therein. td) Adult Cebarrt A cabaret which features go-go dancers. exotic dancars. stnppers. male or female impersonators. or simtu entertainers. (e) Adult Driue-ia TAtaters. A drive-in theater for presenting material distinguished or chusictar ized by an emphasis on mattar depicting. der cubing. or relating to "Specified Sexual Acti- vities" or "SpedSwd Asatomicol Arias." (as do - fined below(, for observation by patrons. 8�arouaal 2 Acts of human mastU.,b4%orn. sex,ai jodomr. I Fondling or other erotic touching of .Iu=xr ;e - pubic r egion. buttock. or female breasts. And "Specified Anatomical Areas" are def:.:ed as: 1. Lass than completely and opaquaiy covered: 1i man genitals. pubic region. (b) buttock. and t mase breast bolov a point immedistaly abov4 top of the areola; and. 2 Human mak genitals in a discernibly turgid s even if Completely and opaquely covered Amendment No. VIII. Article 14. Dea: itions. add definition ISA as follows: 1>'<A. Cabaret A cafe or restaurant whore patrors For the purpose of the Definitions of (al, (bl. W. and tel entertained by performers who dance or xis above. "Specs isd Sexual Activities" is defined as: play Musial instruments. Boston, Massachusetts Summary and Text of Adult Entertainment District Amendment to Zoning Code M16an; T� Ise= I Inserts the new "adult entertainment district" into, a listing of exit ing overly dut:icts. Its= 2 States tea mannas in which an adult enta•tenzaa=t over- lay district differs from other district:: it is the only area whare "adult" entertainment and "adult" bookstores are &nowed and moving and flashing signs are allowed. Item 3 Makes "adult" bookstores forbidden in all districts ex- cept an adult entertainment district. Item 4 Rawritten to add to the and of the general entertainment use itam the phrase "provided that such establishment is customarily open to the public at large and does not ex- clude any minor by reason of age as a prevailing practice" to disdn=uish it from the "adult" entmuiament district Item 3 Establishes a new use item to cover "adult" entertain- ment and makes this use itam forbidden everywhere oz- _ _ Z2 Capt in the adult entertainment district Itam 6 Adds to the outdoor entertain—ant for profi: the st proviso relating to minors as was added to :he _c ante tainmant use itam. (See Item 4.1. Iteaa i Allows the adult entartaizzaent district to have mi which move and have intermittent Mumination. Noir Existing "adult" entertaiamsnt tuna outside petipo- adult entertainment district may card= legal noaco� tforming uses. but. if discontinued for a w of two years. may not be reestablished. nor may tuy enlarged or expanded. without Board of Appeal appro" The Zoning Commission of the dry of Boston. ac_ seder the provisions of Chapter 663 of the Acts of :3: as amended. alter due report notice. and hearing. c: hereby amend the Boston Zoning Code as follaim L By inserting at the end of the third parag-. Section 3-1. respecting riaaned developmen and urban renewal areas. the following phrue: and an adult entertains+- -t distruet I&- RA 85 • pro%ndee -at such evil a� �en: Tis c•,,;,-�� u,isl+ed 3y the addition letter •'E- to the open )ub>ic at 1ar:e and dors not eac!ude desigzua:ion of the subdist-rietl. any minor by :941011 Of a;2 as a p: ; : -g prac- tice. 2. By insetting at the end of Sec:ioa 3-1. following the paragraph headed Restricted Parking District, the S. By inse.-ting after Use Item No. 31 —L. following paragraph: i?A= Adult Entertainment District An adult esty .-t--*nt district is as ove-Ly district in .inch Use Items Not. 34A and 33A ladult books and adult enter-•-i++**+ant) are &Bowed and in which the prohibition, of moving or flashing signs in 111-2 does not apply. 3. By striking out in Use Item No. 34A of 1 8-7. as most recently amended on September 27. 1973. m specting a" shop for the barter. rontal. or sola of printed matter. pictures. or motion picture film if rich shop is not open to the public generally but only to one or mon classes of the public excluding any minor by reason of age. etc, the letters Fr -F/ FAe!1AC and the two foomotes that follow. and in- setting in place thereof the following loam and foomotc FFFiFF'IFFF ' Except A in an adult entertainment district 4. By inserting at the and of Use Item No. 38 in 18-7. as most recently amended on September 27. 1973. respeedug general entartainmant uses. the following phms . 33 A. ADy of the uses enumerstad in L;se ::e 38 and 52. if such esuhiislsaeat is cusw.=&r_v not open to the public pnerally but only to one os mors classes of the public escludiag any moo: tri reason of age ....... FFF.FF" FFF e Except A in an adult entertainment dist:c-- 6. By inserting at the end of Use Itam .no. S2. respee:- ing a drive-in theiw, stadium, or other place of out door assembly operated for profit. Ealf d-. ;=C range. other outdoor place or roc estion operated or proal, the following phrase: . provided that such establishment is at.stomaruy open to the public at large and does not excljce any minor by reason of age as a prevailing p.-ac- tice. 7. By insc-ting at the beginning of :Be ?arag-aph o: 1 11-2. respecting the prohibition of :aterr.•-:e=: lighting of signs and movement of sign: 1page 107. paragraph. 2 of the 1973 printing of the Bosta= Zoning Codel. the following pivme: Except in an adult eau-siiament du-ic-- Fairfax County, Virginia Massage Parlor Ordinance A%TICLE L GENERAL PROVISIONS I LL Short Title This chapter may be referred to as the "KassaV Es- - r- tablishment Ordiaaaa" of the county of Fairisz I L Deelamdow of Fladiinga and Polley It is hareby declared that the Board of Supervisors for the county of Fairfax has found that there has been a I carp incra&" in the number of massage establishc mts in Fairfax County' and that the unregulated proliferation of massage establishaents fosters the sproad of communi- cable diseases and facilitates the use of the premises for le -d displays and prostitution. and the --close the Board decl&-as that cbe liursiag of musag* establishments is .equ;--vd to protect the public health. salary. and genaral welfare. 11.1 Penalclea Amy person violating the provisions of this chapter Shall be punished as provided in 11-6 of :his Cade. ILL SevarabBI:7 U any of the ardcles. secdoms, paragraph& sent -- clauses, a phrases of this chapter sW be declared om- comtitutional or invalid by the valid judgment or dac m of a court of competent jursdictim such unconstitudan- aiity or invalidity shsZ am affect the validity of ::e chapter in its entirety or any of the ramainiag arzidm section& paragraphs, seatemas. causes, and phrases 31.5. Enforcement (a) Aay massage astablisameat permit or -..•sage technician pernit gmted under this chapter shall be :r voked :„ the Chief of Police after notice asd hsa--lag :: perm:: se ... is a partnership or association (or. L -y parrot- or member thamof. or if the lice_see is a corpora- tion. (o -j any officer. director. or st wthoidgr ow -=g ter per can: (1011x) or mon of i:s capital stock. (who) (1) Has been convict- d. p:eader 'oto cn-it.endere. or suf• !c:e: a fo.ft::ure on a charge Ating army provision OJIA the Cc -do of which ... regulates ... sexual of- fenses. or (2) Has been convicted. plesded nolo contendere. or nd- fkred a forfeiture on a crarge of violating any provision of this chapte: relating to =assagt establishments. or on a charge of %iolatizg a siarlar law, in any other?urisdiction; or (31 Made a'&.!3e sutement on the application. Notice of the hearing before the Chief of Police for rsvo- cation of the permit shall be given in writing. setting forth the grounds of she cotrp:aint and the time sad place of bearing. Such notice shall be marled by csrcified mail to the permittee's last known address at lust tan 110) days prior to the data set for bearing. (b) Ii the Chief of Police finds that the massage w tablischmant for which the massage establishment permit was issued does not confor= to the standards set forth is Article IV of this eJupter. or that permittee has refused the Chief of Police or other authorized person the right to ester the premises to enforce the provisions of this chapter. the Chief of Poke may enter an order for the immediate suspension of the massage establishment Permit unto such time as he finds that the reason for such suspension no longer exists. A copy of the order shall be sent to the permittee at his place of business by certified ma& which order shall set forth the masons for said suspension. The permittee shall be afforded an opportun- ity to be heard by the Chief of Police within 12 days after the suspension. Notice of the hearing shall be matted by cardfied mail to the permittee's business address at least ten (101 days prior to the data set for herring. No person shall operate a massage establishment when subject to an order of suspension. ARTICLE IL DEMITIOrS ILL Definitioas For the purposes of this chapter. the following phrases and words shall have the msaniag aseigne+d below. except in those instances when the contaxt clearly indicates a different maaaia� tae Massae: A method of treating the extwaal parts of the human body by rubbing. strolcing: lmeadiag. tappin& or vtbratdng with the head or any instrument for M. (b) Massage Esrab4shment Any establishment having a Szed place of business where massages arta administered for pay. indudiag but not limitad to massage parlors, health clubs. sauna baths. aad steam baths. This dafini• tion shaD not be construed to inchada a hospital, nursing home. medial clinic. or the office of a physician surgsoa. chiropractor. osteopath. or physical therapist duly li- eaused by the -Commonwealth of Virginia. nor barber shops or beauty salons in which massages are adminir tared only to the sm1p. the fats. the neck. or the shoulder. This dafinition aha l not be construad to include a volua• tear fire department a voluntear rescue squad. or a non- profit organization operating a community center. swirp- 24 — - 8 at pool t' ':s court, or other r_'uca•:oraL c: �`ecreatiot a:hlet.ic facilites. and !— i:,w f •*stare of tae residents of tete arse. I0 Massage TecAniciaa Any individual w_, ministers a massage to another individual at a at establishment for pay. This definitica 3h&U =at b, strued to iadude a physician, sur;eov. c;%j:oZr osteopath. physical therapist. or nurse duly t'u Coamocwae1Lh of Virg` tdl Erogenous Arm no pubic area, pests, ser vulva. persaeum, or anus. (e) Director of Heal:& The Fairfax County Dirft Health or his duly outhcrisd agent M Person Any individual firm partsesship, poration. company. association. or joint stock associ ARTICLE IIL PERMITS REQUIRED J 3.1. Permit Required for Operation of Massage i lishmest Fo person shall engage in. coaduM or carry massage establishment unless an application tlu has bees approved and permit issued by the Chi Pores in compliance with this chaptar. Upon application. the Chief of Por= shall issue a por=7 massage establishment permit to any spill who was. upon the effective date of this chapter owner or operator of such as establishment in Fa County. Such temporary permit shall regain � efia< a period of thirty (301 days or uncal issuasta of the =anent permit I1 the application for the perm permit is deni4 said temporary permit shall immed: expire sad be of no further force and effect Each application for a massage esublish=- e shall be accompanied by an investigation f, ..� tablished by Board Resolution. no part of which siLl rahmdable. Said fee shall not be in Lou of. and ars: '. addition to any permit fee required by this d4;:.e any business license tai required to be paid puma: the terms of Chapter .'.S of this Cade. Upon receipt of application, the Chief of Police shall refer the applies to the Inspections Services Division. the Fire and Re Services. the Director of Health and the Zoe; -.g forcament Division. each of which within a pe:ia twentyoaa (21) days from the dna of appUcatdm aha: view records and make an inspection of the premises posed to be used as a massage establishment and s maks a wdtsaa recommendation to the Chid of Police earning compBance with the law. f U Massage Establishment Permit Fee sad Te= Every pesos conducting or engaging in business , massage establishment shaD pay an annual per% fs two thousand dollars (620001 which permit =ust be newed ane year from date of iasne. Said fee shall not b Hou of and shall be in addition to any business Ucesae required to be paid pursuant to the ;sr-rs of Chapter• this Coda. J3.3. Mas"go Establishment Parmit AppSati Each application for a CLUsags establishment shall be upon a form provided by the Chief of Poiice i shi be submitted :o said 06ei of ' •e. i.ch such form shall conta:A the follo•►ing iafWn-. - RA 87 Is) A description of the facilities. and services to be avtilable on a.e premises of the proposed establishment (bl . he location and muliag address of each applicant Ie; The, same Lad residence address of each appGuat. If applisaat is an association or a partne?ship.:he names and rssidaaaa addresses of eA6 of :he associates or Pan- na--. If applicant is a corporttion. the names and resi- dence add: eases of each of tae offmars and direc:ors of said corporation and of each stockholder owning more th= ten per cant (104,.) of :he stock of the corporation. If one or more of the stockholders owning mart :hen ten per cent (10%) of the applicant corporation is itself a cor- poration and osms thirty-three per cant (33%) of the stock of this applicant corporation, the names and residence addresses of each of the officers and directors of said eon` poration and of each stockholder owning mars than tea per cant (104L) of the stock of tha corporation. 1d) If the applicant is an izZ%-iduaL all other residences of the applicant for :he three (3) year period immediacely prior to the application. If the applicant is an association or a par..aarship. the names and residence of each also- cuts partner for the three (3) Year Period iamediately prior to the application. If the applicant is a corporation. all :.he residences for a three MM yaaa period of each of the officers and directors of said corporation and of each s;,ockbolder owning more than tan par ant (10°161 of the stock of the corporation. (e) If the applicant is an individual. written Proof that the applicant is aigatsen (111) years of age a older. If the ap;:Ucant is a partnership, written proof that each partner is eighteen (18) yew of agt or older. If the applicant is a corporation. written proof that each of the officers and di- sectors of said corporation and of each stockholder owning more than can per cant (10!x) of the stock of the cor- poration is eighteen (I a) years of age or oider. ED If the applicant is as indi%idual. a complete set of :he applicant's fingerprints. If :be applicant is an also - dation or partnership. a complete set of each associate's at partner's fiagsrpriats. If the applicant is a corporation. a complete set (of Sngerprintsl of each of the officers and dir� of the corporation and of each stockholder owning more than tea per ant 110056) of. the stock of the corporation. If one or more of the stockholders owning more than tea per ant (10%) of the applicant corporation is itself a corporation. a complete set of fingerprints of each of the officars and directeea of said corporation and of each stockholder owning mors than ten per of this stock of the corporation This Sngaprinss shall be taken by the Chief of Polo» Or his agent (gl U the applicant is an individual. the business. occu- pada& or employment of the applicant fa the three (3) year period immadiataly preceding the date of the appli- ca:ioa. If the applicant is as association or partnership. the business occupation or•employment of each associate of partner for the three (3) year period immediately prior to the date of the application. (h) The history of the applicant in the operation of massage astablishments or simile business or occu- pation. including. but act limited to. whether or not such ere -son. in pr#%je 'y ope:tt:ing in :`:s or arothe: city or stats under U `as had such per .sit revoked Of sus- perd-d ar.d the season-hertfor. and the Sus.ness scu.::v or ce_upation subsequent to such lc:ioo of scspe-alts or revocation. li) The criminal record. if any. ouser :*.in. --Usde Mcaaor t:affie tiolatioas. of the applicant. if the applicant ;s as associa::oe or pannetshtp. the cr.:..iral record of east assoc:ats or partner. If the app;jc3nt is a corporation. =e C:,==al record of each officer or diector of the :or. poration sad each of the stockholders owning more tha.n ten per cent (10%) of the stock of the corporation. If one or mon of the stockholders owning more than ten per cent (10'6) of the applicant corporation is itself a corporation and owns thirty-three pee ctnt WSW of the stock of :he applicant corporatim the criminal record of each of the offietn and directors of said corporation and of each stockholder owning more than ten per cant (10%) of Sa stock of the corporation. J&4. Permit Required for blassage Technician No massage technician shall administer a massage ; a massage estabUshmat without a valid nonsuspeaded permit issued pursuant to this chapter. Upon application, the Chief of Police SW issue a tam- posary =usage tahaiciaa permit to any appticani who was, upon the effective date of this chapter. per:or=ir-t the function of a massage tschnican !a the County of Fairfas. Such temporary permit shall remain in effect for a period of thirty 130) days or until issue= of the per- manent permit. If said permanent permit is denied. said temporary permit shaD immediately expire and shall be o: no further force and effect 13.5. Massage Technician Permit Fee; Term: Health Certificate Required Every person conducting or a=sne'i it :ye ac- -••. :ration of Wassa¢es in a massage estub::s:.aent scall ;z an annual permit fee of twenty-five dolla.-s (5231 watt+ permit shall be renewed one year r om data of issue. Said fee shall not be in lieu of asd shaD be in addition to any business license tat required to be paid pursuant to the teras of Chapter 25 of rs:s Code. The permittee must sub- mit a certificate to be issued by the Director of Health. and than health cartificates shall be valid for 13 months. The" caro$rua shall be issued upon such conditions as the Dirsc:or of Health may doe= reasonable and proper under this chapter. JU biassags Techaidan Permit Application Each application for a massage tachnidan permit saran be upon a form provided by the Chid of Police. Each suc:: form shall contain the following information la) The applicant's full name. residential address. arc resident telephone number. (bl The nurses and address of the R...sage r_:ab- lishment when the applicant is to be employed and :hE name of the owner of same. Ie) The name and addresses of any and all previou: massage establishments when appliican. has been em played as a aassage tachnidaa id' The c:iz.•a] record, if ary. -•f aa:.-;sdeme2nor traffic.io:at:ons, of the ap;L':a•-it RA 88 to) Whether any permit to perform as a massage tech- nician has prt.iousiy been denied the applicant or m voked and. d so. the circum -.stances of such denial or revocation. th A comp:e:e set of the applicant's fingerprints wfuch s:u1 be siren by the C`sef of Police or his agent. igi Written proof Lut applicant is eighteen (181 years of age or older. S3.7. Investigation of Applicant foe -Maaeage Ea- tablishment Permit or Massage Technician Permit,: Grounds for Denial of Application Upon receipt of the application and fee as provided for in the preceding sections, the Chief of Police shall maks or cause to be made a thorough investigation of the criminal record of the applicant. The Chief of Police shall deny any application for a sassage establishment permit or a massage technician permit under this chapter after notice and hearing if the Chief of Police finds: I&) That the applicant fif the applicant is a partnership or association. any par-tman or members thereof. or if the applicant is a corporation. any officers, directors. or sham bokde--s owning ten per cent 110%) or mon of the capital s:& --k: or if one or more of the stockholders owning more than ten per cent 110%) of the applicant corporation is itself a cmpo:ation and owns thirty-three per cent 1331P.1 of the stock of the applicant corporation. any officer. director. or shareholder owning tan per cent (10%) or matt of the capital stock)within the preceding five (S) years has been convicted. pleaded nolo conundere, or suffered a forfeiture on a :brge of violating any provision included is... the Code of Virg••*• ... relating to sexual offensw or (b) That the applicant (if the applicant is a parse. -ship or association. any partners or members thereof: or if the applicant is a corporation. any officam directors, or share- holders owning ten per cent 110%) of the capital stock or if one or mon of the stockholders owning mon than tea per can: 110%1, of the applicant corporation, any officer. di• rector. or shareholder owning ten per coat (10%j or mon of the capital stock) has been con-%ietsd. pleaded nolo con tenders. or suffered a forfeiture or a ebarge of violating any section of this chapter relating to massags se. ' tablishmeats. or a charge of violation of a similar Lw in any other jurisdiction or W That aha applicant (if the applicant is an association or partnership. any associate or parcaar thereat or if the applicant is a corporation. any officer. director. or sham holder owning tan per teat (10%) or man of the capital stock) is under the age of eighteen (181 years: or (d) That the applicant (if the applicant is a partnership or association. any partners or members thereof. or if the applicant is a corporation. any officers. director. or share holds_ -s owning ten per cent 1104%j or more of the capital stock; or if one or more of the stockholdtes awning more than tan par cant 110%] of the applicant corporation is itself a corporation and owns thirtyt4rea per ant 133%) of the stock of the applicant corporation. any officer. 26 director. or sb•-• der on. r: -.g tan pi: can•'.0c-; �r _• of the capita x.�r made a false statrmcnt rn :.Jt ate', cation. The chief of Poli:e shall act upon the sixty 160) days from the date of the appZca::on. sot:e the hearing before the Chia! of Police for demi :-- application :application shall be given in waiting. sotung for.: . grounds of the complaint and the time and r: bearing. Such notice shall be mailed by certified =&:' the applicant's'.ast izown address at least tan -:',, da prior to the date set for hearing. 1.1.& Transfer of Permits do permit issued under this chapter shall be :.-a: :arable from one person to smother. 13.9. Change of Location A change of location of a licensed massage p:ablis meat may be approved by the Chief of Police provideC i applicable provisions of the Code. including this csapte are complied with and a change of location fee of L••: dollars (RSO) has been paid. ARTICLE IV. 1dDiI.. L.k2 STANDARDS f L.I.:4auage Establishment Facilities W Massage establishment facilities shall be located a proper zoning cistnct as specified in the Zoning C dinaaee of the Code of the County of Fairfu as amended (b) Massage establishment facilities shall ccapiy ,r.-. all requirements of the Virginia Uniform Stateside Buri ing Code. as amended Saaiwy toilet facilities wail be : giired, as prodded in the Buie Plumbing Code of 1197 At least one shower for each sex will be required for 40 customers. At lust one hand basin will be regnir� each room in which massages an adtaiwtersd A!: : qui. -ed facl:tia will be locatad within the rental area the establishment and for the exclusive use of the es:a lishment. IU A recognizable and kgible sign shall be posted i the main eatmnce identifying the praises as a massae establishment Any sign ahaD comply wit' the req..r, tents of the Zoaia; Ordinance of :he Code of the Coca: : of Fairfax, as amended. 14s. NNfassago Establishment Hygiene W AD walls, callings, floors, pools. showers, bathtub: staam rooms, hand basins, and all other physical feel ties for the massage establishment must be in good re;w and maintained is a dean and sanitary condition. Wet as dry bat rooms, steam or vapor rooms. or stasm or rapt cabinets, shower c=partments, bathtubs, hand basis and toilet rooms shall be thoroughly claimed and di: hafactd at least once each day the business is in opens tion, and mon oitam as needed (b1 Clean and sa- i:ary towels and l:aena shall be p- vided for sash patron of the establishment No eotemo: e repeated use of unlaundered towels or lineae shall be per mitred Cabinets for the storage of dean linen s&- to required and shall be kept clean and sanitary. to No massage publishment shall serve any par o: when the skin of the paron is inflamed or aruptad urian: the pumn submits a certifi rom a duly licensed9 pt; sic:sn to Lhe Duw;,ar of h.e►ta stating that such in• :.a==sLion or eruption is notcom=unicabla. (d) .Every massage technician s►sail cleanse his or bar hands :beroughly with: sap and hot ruraia j wa:ar imme. staly before so--Azg each patron (a) Thco wM be sanitary toget facilities required an the same basis as the Basic Plumbing Code (1970). Tsars will be one shower per each sex massaged on the ratio of 1 to 40. Tse. -s will be a hand basin in each room whom the aassu;t is performed M ficMtias must be within tba acetas area of the (establishment) and for the exclusive use of t.I)e establishment. etapt the drinking fountain and the rarice sick however. Ithesel must be on the same floor. ¢43. Display of Permits and Ordioan e. Evw7 person to whom a massage establishment lusnm shall have been granted shall display said massage estab. lishment permit in a conspicuous place in the massage as• :abashment so that it may be readily sem by persons on tering the premises. Every p=on to whom a massage technician permit shag have been granted shall whtie in a massage et tablishment. displajr in a conspicuous place in the ca.ssagt establishment said massage technician permit A copy of the massage establishment ordinance shaIl be displayed in a conspieuow place in the massage es- tablwhment so that it may be readily seen and read by persons entering the premises and amploymn of the es- tablishment. 1&4. Right of Entry. The Director of Health. the Inspec3oa Service Di- vision. the Fug sad Rescan Services. the Chief of Police. and the Zoning Enforcement Division an hereby authorized to antar. exam;e. and survey during business hours any premises in the county for which a massage es. tabL'sh.-m: license has been issued pursuant to this chapter fey irpcm of enforcing :ye pro..s:c:.s of chapter. a... for ao other official purposes. 7.is sec !hall not resL:et or Entit the right of entry ves_e•+ law enforcement agency. ARTICLE V. L:\' AWFUL ACTS 13.1. Unlawful Aets. M It shall be unlawful for anyone to tzi—,Zt conduct. or curs on a massage establishment Y, -ix valid. nowuspended pe. -mit issued punuan: :o cbaptar. ft It shall be unlawful for anyone to adn"a; : massage in a massage establishment witbou: a v nonsuspendd permit issued pw:wwt to :his chap:ar. (e) It shall be unlawful for any person in a mss establishment to place his or hands upon. to touch any part of itis or her body. to foadle in any manner. c massage. as erogenous arae of any other person. (d) It shall be unlawful for any person in a =:us establishment to expose his orhet erogenow are` or . portion t w*4 to lay other person. It shall also be lawful for any perms. in a massage establishaent. expose the eropwas arm • or any portion thereat of t otherper (e) It ahaD be unlawful for any person. while in t5u I "act of any other person in a massage establisi=en: fail to conceal with a sally opaque covering. the erogsn, area of his or het body. (f) It shall be unlawful for any person to sr—* a: massage tachnician in any place othar than a lion: massage establishmeat (g) It Shan U unlawful for any person ow=t. ape ting. or managing a massage estabiishmeat. Meowing- - cause. allow. or permit in or about such massage tablishmeat. any agent, empla se, or any oche: pe. -3 under his control or sapervWon to perfm= such era ? hibited in subsecaoas (al. (b). (d. (d). (e). or M of section. T1 ._ = PEEP SHOWS�- -- Santa Nftna°, Califorr= - Entertainment Business Licensing Provisions E`•TERTAISIIE.\T BUSI`r.Ss Business has bten approved by the City Caine: Th* ea.•r; :nr on of the business of providing enter- be : erewed annually thereafter by the Direcim o; �;;.r: tainmsnt as def:ned as CUSS A below. per annum.... 3100 unless previously revoked in the manner provided :• ;: The cos-}inQ on of the business ofprovide entrrtiia- chapter, provided all conditions of the or'�:ta; a. have been met and an advance deposit :s made, as acre sent as dafrne-d in Class B below, par annum ....... 3100 above required. The carting an of the business of providing ents.rtaia• Entertainment "Entertainment" as used in this stabs ment as defined it; C'.a3s C below, per annum........ 3:50 tion. means any Set, play. burlesque show, reuse. ;, ' In additaa W the foregoing license Tena. applicants nts for �u scene, sone, dance act. or song and dance a participated in by one or more eaployess. isst:aaae of •license for the business of providing eater• eves enstomers, a any other parson or persons. "En:e.-ta taiament. as deuned in Class C. shall deposit with the meat" docs not include 1 Director of Fimance a retundabls deposit at 3500; said de - j posit shall constitute as advance deposit of !Wads to pay (a) -Mechanical music or music provided by a side the coat of providing axtra pokeasn and vehicles in ae- �t-cement cordaaet with the reco®asandations of the Police C,hiei It at the time of approval of such business Gaase by the (bl Ballroom dancing. square dancing, or -ound council. as lereinbelow provided. it is determined that dancing, participated in only by patrons or these is not sufficient evideaa to require at that time the customem This subsection does not exempt ezha& assignment of extra officers or whkJs& said deposit shall tion dancing whether by an antartainer or pat. -aa J J novertbaless remaln on deposit during the term of the ic) Square dam calling or other oral instruction to license issued hereundar. and upon the recommendation of patrons participating in any dancing desebed and the Police Chief, who shall notify the licensee of such licensed is subsection (b) of this subsection. meom =endatiou in writing. Extra policemen or vehicles. in the numbers and at the times recommended by the FasAioa SAoms "Entartaiament" also Includes a Tashi Police Chiefshall be assigned to duty in and about the show or style show. except when conducted by a bona premises of the business. and the cost of such tam and nonprofit club or oreanizaton as a part of the social ac-.; equipment 3haL' be paid out of the said advance deposit tip of such club or organization and except when su until the same is exhausted. U the Same is exhausted at fashion show is conduc•.ed solely as a htnd•rzuiag I any time during the license year, the licensee shall upon for charitable purposes. written notice thereof by the Director of Ftaaaa, make such additional deposit as may be reasonably necessary to Zz bison of Human Body. "Entertainment" also pay the cost of continuing the assign—ant of such mei eludes that as of any waitress or other !=&It exployi and vehWes throughout the balance of the licez, year. while vinble to any customer. exposing any portion Amy portion of said deposit not required for said purposes either breast below a straight line so drawn tha: ba shall be refunded to the licew*e upon the crpiration of the nipples and all portions of both breasts which have Iicsnae year. different pipentation than the main portion of breast ars below such straight line. or wearing any type Amp person having a license to operate a Clan C enter- clothing so that such may be observed. taiameat business shall be entitled to operate a Class A or Clan B entartainment business as the same pttrsises • Hader said Scense if be to desires. U such lien desire CLASSIFICATION OF E.4MTALN'UMC to terminate said Class C businew for the remainder of BUMNESSES the Beams year and ope: to only a Clan A or Class B Class A Entartainment Business shall consist of � emtestaiameat business for the balance of the Tiam win. viding aawteinmenit in conjunction with the operating he shall be entitled to apply to the Director of Finance for as eating place• such change in the license. Upon receipt thereof the Diruesor shall iavestigata Lha circums4acp. and. if theta MW R F--"t'-*.as�=mt Business shall consist of pr is no reasonable awe to believe sneh appiiatioa is �� aa�� is conjunction with the operation fraudulent. shall thereupon make nota of said change on be "es hoprincipal business is the sal -ring of alcohol vd the r•corof the Ba=se and shall refund to the liuwee �' the rs'.'4adable deposi: hemin provided far. or any parson Coal C Fztar••..i=ant Business shall co=wt of :he pr of such deposit nes yet ezpsnded. minus a charge of S30 vision of eater-.a:3ment in conjunction wish vthc e for administrative expense. which shall be deposited in acing plan or a place whose principal business the General Fund. centring of alcoholic beverages. which esteraia. t— dudes the exhibition of the bumaa body as be-re_abo, Alter a license for a Class A. B. or C Entertainment def-wd• 28 APPLICATIOSS FOP LICEINSE.c " 1QLiRE�1E.`TS. A 'D PROCEDURES RA 91 All aapLeations for busiress licenses for the conduct of enter-aintnent business ir. C.'asses k S. or C above shag de•.'Flats w;vcb of said c:as!es is applied for. All applications for business licenses under this subset- t&on 31 -IL be fled with the Director of Finance of the City. No .:cerise for any business desc. bed in this subsection shall be issued until approved by the Council at a regular. adjourned or speeml meeting. No such application shall be considered by the Council uaiass accompanied by reports Low the Police Chief. Fin Chief. and Director of Community Development Such reports stall set forth the roeommendstions of said officers as to approval themot topt.har with all conditions of approval recommended by them to protect the public health. welfare, and safety. Such conditions may include. but are not necessarily limited to. fire protection devices and merit —es. provision for offstreet parking spaces. and the assignment of extra police officers in the numbers and at the gimes recom• mended by the Police Chief. The Council shall consider such applications, together with the reports of ofa,.cars with regard thereto herein• above requirvd. at its next regular meeting following receipt by the City Clark of all said required reports. In approving such applications the Council may require that the issuance of the license lie conditional upon compliance by the applicant with conditions which the Council deems reasonably necessary to protect the public health. safety. and welfare. The detartninstioa with regard to such condi- tions shall be based upon the application. the report/ of officer. and all facts presented during the hearing of the manar. The Cwae1 shall approve or disapprove such application within not more than 21 days following its 5rst consider35on cbereot ` The City Clerk shall inform the applicant in writing of the action of the Gourd, including all conditions required by the Council The City Clak shall deliver to the Director of F'maaea certified copies of all items in the record. including the application and reports of officers with endorsement of the Council's approval and the conditions thereof or the Council's denial d the appl'itad= whichever applim Thereafter the Director of Finance shall enforce the pro- %-ions of this chapter in the manna provided in this chapter. REGULATIONS APPLICABLE TO CLASSES Ar B. A_ND C (a) All eater% inmeat shall be conducted on a stege or upon an open Door arta. such as a dance floor. which shall be sepwate from the arta occupied by customers or patrons at all times when ant %sin- ment is conductad. (b) Entertainment businesses in Classes A. B. and C must Pott t • • imide :he prom.:sea and entrance. p: - :ia'ale to tie pi:�:ic, which :.all be approved as to sue..ac:enni. g. -Id ;r-:a;;C- by t.5e i'rt Chef and !tate .i e =In --num nur-b.,,- o; occupants of the premiers ss-�.ye! ;s dear. mined by the applicable provisiors of Article . o: Chapter 6 of the Santa Mara C: -.y Code. ;:e Bu:4*ng Codt. aid :hall :acct &C other a Fp�ca:;c Provisions of state law and ordinances of this c;:,, and :he re;::ativ :s of :he Stage Fire %tar!haL licensee may not permit the teal number of pe. -sone within the prtr%ut3 to exceed the maximum nuia;e: of oraipants as so posted kI Whenever the provision of offstreet parlang space is required as a condition of approval of a Ucenm such spaces shall be constructed according to city standards then existing. (dl Licensees shall permit no violation of the laws of the state or of the ordinances of the city and nms: immediately report to the City Police Deparmettt any crime which occurs on the prenises. Failure to report any crime so occurring shall be a violation of this chapter it said liansat is aware. or is the exercise of reasonable are should be aware. that a crime has occurred or is takirgplace. tel Licenses shall admit police officers or fire inspec- tors of the city of Santa %Uria onto and wiOdn the prersisss at all reasonable times, and at aL' times while the business licensed under this subsection is being conducted. for the purpose of investigation ci the premises and the conditions therein, and for : re purpose of investigttiag the operating of the license hereunder with re;a.-d to compliam with the tt of this chapter. and with other appiicsbie laws of •_-e state and ordinances of this city. REGUL+ITIONI APPLICABLE TO CLASS C ONLY W Class C entertainment businesses. as ileac.: da-ru d shall not display any sign on the extenor c: the building wherein the business is conducted or proposed to be conducted. which advertises topless satertiament or depicts the human form unclothe— (b1 Class C entayrtaiament businesses must have the ent:ancs to the establishmaat shielded in such it way that no person outside the building an see the entertainment area: provided. however, that such shielding shall not consist of a curtain alone. she$ nes obstruct the exit sign or panic hardware for egress iron that exit, nor constructed :n such a way as to block the ax:t. cad shall be approved by :it Fire Chief. kI Immediately inside the entrants door. of Class C entmuinment businessess chert shall be poster a wail -lighted Sita which shall read as foL'ows: --.NOTICE. THIS ES.A.RL:=H :tE`T OFFERS TOPLESS ENTERTAIN . IF YOU WOULD B- OFFS\DED. DO NOI E. TER_•' RA 9 2 Such sign shall be clear and legible and the text thereof shalt be set forth in letters of uniform sue not less than one inch higiL !dl All entertains: s. including part-time ta:artainen. in Class C enu•rtainment businesses. not requited to do so by other pro:-isions of law. must submit to and cooperate is identification pro - twit:. -es by the Police Department of the city, which may inc:ude. but are not necsssarily limited to. fingerprinting. photographins, and the review of records. No licensee in such business shall employ a" enter -twiner setae said person displays an identification card approved by the Police Chief certifying that such person has complied with said requirements. . The Police Chief shall not certify the identification card above required if the criminal record of any person. in his judzment, indicates that the employment of that person is said business will present a proximate danger to the public health. welfa.-e. or safaty- Any entertainer or prospective entertainer of a licensee. who has bees denied certification of an identity aid by i i i 30 _. Pc:.•ce Ct -•f under t.`e prov:s.ons of ;.tis sectio appeal !r' h dcrual to :he Council by SL -_9 •:: City Clef. 'arittan notice of such ap;.eai..4ot :ess ths: days prior to the neat reguiwr Cwncii rneet _%g. st It tame such appeal syeJ be cors,de:ed by the Cx:ac-' uses whwv such an appeal :s fiieC. the ?oU, C:::rs make a %7ittea report to the Council sating are: for his denial of the certi5cation of such oder.- card. At a-* ::me of ccnsiderat'on U%treof, the !hal' consider s.:d repor. and all Matters broug : ! e: at that time which are re:evant with regard :a, Following such consideration. the Council shall ow1h, hold the actior of the Police Chief. denying cr::jcsc such an identification card. o: shall overruie the mination of the Police Chief and direct ti -at be certify an identification card for the parson appealing. For the purposes of this section the Police Mai sh, deemed to have roksed to certify the identf5ation of the employee or prospective employee if he »a: certified such identification card withim 20 days folio the fingerprinting and photographing of such employ prospective employ ea. AD such entsruinen employed in said Class C ante: meat businesses shall have said identification = their possession at all times while on the pre=ses o: business and shall display said identification cud u peace officer when requested by ium to do it sit . _ WES T reu SUN .. . _ ►T .. ;FTER H R 5 t • . - • •- • 1IY i �• LZ elm -nor -4jv _ -. - -! air» •i 4 }•:�; • 1'• i = _ - -r- _• K - �• �.. �'•,i��� •• ?. T:���-`•� ri.!•-�[.•: :1 ♦. •�=�- •'- ..Fti-.t � .: -t•• •_ tart �_ - ! � - .:.•' . • . r . �`.: •• • is `..� - • •-- . .: y'. - ` . - r RA 93 APPENDIX D 1 RA 94 �l V 3cInee:a, :Z 117_5 inlo .1,- 5 • ::r. T oGrrnde, Super7isor Islip Town Ball 655 ,••:aim S t . ' :slip, N.Y. 11751 Dear r. sit• -� c ♦�Z..l!'17ri j It is with intense conviction that I waste to you tdd;�r? to protest the opening of the Bohemia Book tore oa Oun- rise Highway in Bohemia -on. Y. -•acau .he fact that po=ography is eac_o h+ag o s, coupled ] ::ith its location on a prominent high%may, will Prove to 1 be a serious hazard to the safety of our contunit;r, I sav ai seen the concerned residents picketing the Bohemia Boot Company, I applaud their efforts but I fear they may be =arching in vain. The Dost they could be is a deterrent 1 to business and this is not enough: The -Bohemia Boot Cc :- pang c?IIST be closed and leg+ sla %1.& is the only legal way to do it: IAmdso, as a resident of Bohe=la, I must tum to you for su,npor t . ? an concerned enough to write. ;_ a you ::: . losranae, concerned emough to fi_ht up uati? and, ;f necessary, : -ZR the hearing on August 4, 1980? c er tain'_7 hope so. I Sincerely, I I RA 95 i J UL 2 91090 Jul; 299 l;ov TOWN 80 D OFP CF -slip To »-a Boa d JUL 3 � 1 555 •ldit S Mr ee N 198 1 Islip, New York 11751 PLANNING OPT. Dear Board M:eubers: In behalf of myself and my- family, I would 141-6 to formally protest the opening of the Bohemia look Co. Such an event is a tragic step toward the deterioration of th+s com-munity. . if it became known that i sli p 'town was a good ;!act to open up this kind of establishment, the town could easily turn into some kind of z strip. I •4culd also like to question" proposed co ring cha ages that would curtail the opening of these busi messes subject to certain limitations. Do the changes r e. lec t the r.arimum amount of legislative power available to the zoain� board'. Do they leave open any other areas of this to1j= for development by the pornography industry? 3y re- zonl_r to avoid one evil, are 'we pointi=S- out ':e tier, legal r' -aces for all tae rest to settle? As taxpayers and concerted cltl ce :s, we izp? ore you to care-ully consider all the imrl'_catic:s of tis sit;:ats c:, or both toe short and long run. Sincerely, ac : ::ic1ce? to Grande, Supervisor, Is!!. Tziv Jcse-jh ?izzo, County Legislator, Dist. 9 ?e Ver : Cohal..n, S'.._Sc?k County ::.._ve tilougli I have no ciIltuZ .... _ p.zrnaps ue wu RA 96 -active - wife and I v1 ;or� ou. ' protest the o�•_.__.: of tlj, porn-^ographis I.•Ook-stor on Sunrise. tie chose to move to Sayville instead ~ •�`�%�_•-r-,;�.:,, �, of to Nest 43 rel ztrCeL in ;.:anhattan because %Le ' didn't want to pass Dy the l:orno stores there. ] you allow them here we will do our. best to Fars::: v as many of our friends as we possiUly can to mov( ' out,' of Islip town and we will do so too:; 'Ther. you can see where your taxe will cove from'. per sitting or tolerating that re on top of last • year's tax scandal and the onn4ggit zcnool • district 'scandal is too much for anyone'. rte• � ��'.i ._� ,,,.�, t =�'.• Sincerely, 1 Sayville ,11782 i IL -Ntl�tir~ ri�a�• . I• � - - ..A tom• ; i ' 3 � �� � _ � S •-: .- .. �_� _ i ���:'�_ • � _• � _ _ �� .. • � �.� .mss. ��. _A. z i i i l 1 1 I I I I I I . I.. I� I I I I Jury 229 1980 ldr.-ichael yo Gr*nde, Supervisor Is? ip :'own Dta: Xr. Lo Grande: Te are very dis=ayed that you have allowed a pornogr ap:hic Book store to open in Sayville. ?lease be sure that unless tnis business is closed in a bu—y we will not vote for you or any o: your Tow» :oard ag2j=. cop: :o Suffolk �o. ews ZS 1960 RA 98 •.. - ` v JU��`�III�J:11� v T0,'r*Pl OF (SLIP 2v� 6 14• t4-4 {moi^/ • %'./ IGS L tt �� : CIL %.C�C't �• rrn�c. ` AA n- Al ot c�.c.12s cis-uc,,�.�Q.,r,.�,. /ft-�o ��-<- � -�-�- �-�-��� ..�,,•,Q L /%lGZ �� J � U � G am• ,,,,� /L� rx.G, rrt•.t, is �.�1 /it .0 t - . , t �C -� 2 - .%✓ �`'C '�D'�-"� fit" C (�• �!' /r Of c L •�� �� �7C.� t • K f d .�i��LtQ cL-� �;�. .� �..?iZ. .C� � C''iiC.. �(,• /�/1 '�C.C.l� �4 • �(,,e1 /rf(. ;.� � G'- (� D�- �/` L !� � � /� C� `s G u.C�iv ��: �i-�'_C�.,c�.x..�.� ti..e� .f a�c��c'�u cy, c':�.,-, c.E.•td—�, / % � s, c%� G , .A-ti �t� ,c-cc �� �.�°'o-c.��.u— 6U`zL.�"v� ,�.d mac. .-c.c.• ; �-�`-�i�te_ %�L��-ccc� •' .� �t.<< �. ' }� • . / �(. �..1r fit(„ f.,/(,. � i�.� �Ya�E.f ' ��•C.J.•t.rC,Cs " l F'`..K.c.✓ . � to c► t- �' � C K ek �. JC.: t!'•-7'+�. L e� L P` i'J(.. ILLS , t< L C Q '}�� dc., �i� �. ►s. .0 < C.Q - ' C.... � � 'L C-� �' /' ��► /-C'1�-C-C.�� � Q•C Ai � �<4 �-C`'i7C.t� L-�G GL- �`�'.'.• ~ - •/� - `^ eX �jC � C•L G •t.4 �l % �� i%�7L /in �! � % ,�C �� l c' . �if � a:' J 14 � � � � t-Q-c.< .e. �� t �' � �(� •� , c-- syr; .� ,+[.[ . % ..:.• w � .. �-:. - RA 101 L A- .c�.I",- 'it +lam f ' • f c_ • ') K.c_ — Al efc .: .1.� L '7'� C ��i .[� far: tet. t... _ ,�..rc ;� � . � .�c1• ti .t �c .,C • •. U � e%t ice .t e'i r_ •a'=-'L'--ji- t4 �.a- C t x" iE.C.c•� • ..r .t.,C c. ..%�0 �.�` `r'i�tc�-�J �'i5r�: C� I --4CIL-tI .�.�' �� J d4 .i� iCt. .� _ ')o7 cam•? ,tip '�C.F.:,,,,r ��.,.• G t. 24"'r�.C..� D li �.�C..C. /ice �"�.•I��.f., ,rt.��,- /.; , • w L: /&At`/..~P-�-A.L_�k U. •�•L.�t'. - 'Z---'�.�.�-J_ �...�►-c� tit/,� �_ -4i -. c• a�� .('.,C.�--t .� rt' 44- 7L f"'�•J ��.. std •%, .{ s � - � �,�,� _ � �,�..�: 7L. e'tt vA or .1 -714 =�1 =� tC � '�'r-.�C. /. .�!.,� d�ni• �, a..� •.:. ��•Z't C fir; ,C:;:.r, �.l.dC� s RA 102 lL1 t �c..�-C _ .% /f.�.�`-,� � G' CSC.: 1JV I ctt e f- A_r f C-d o— r / J O,-4C qtr-r,� G 7t,.,! /I7LO...%G � �.,�.� a� ��-t c...L �..X —�cc� GL �c.' i 1 .� -c� f J 'L�A....'� .Q.a /t. � -�.� iV.c..�.�Q �•L�, c. G.L � /� %-C Cy d l�.c c' �'�.". '''n-� �l t /Y71�`LVC •i.�l, 'fit-��1`-11..C. �.�I ,'f"�.F. !!C . r� �• "oott CAL c. ,t •+ � � .� .., ct�iC, ,, ...' R..•�.-�.' -�.c.:c... .fro ;� i�.c R.� � e ��� l'o �� �-c;�..��-�..� _ mss.• �f �� -Ct�� •if'.. c .r t c � 1.� � �. �� A. ,tom ���_ � _ � c t"/_(• � �.f..`'_L 'a Zd - CLQ �� C �-n. C. C c 1/)'L C SCA � x /�-+�� /.. R. B Z •CLL /�9C L? G�� :CP- 7• �� �C� 1 ~ 'L L •i :f61 RA 105 1 - ifs /// •� _.. � �/L/�� /'�'�a�+� 1 , I t �T+ I- 3.t?�• +�.....r.I►./�i'.�ar�:..0 ASO . �. r «...� I.�at�a� •r...! j ` . • � � ' � � • -• , � • � • � � ♦ I � . • *. � .. a. . r,. . . � . a �.. ', a . • . :.ate i Town Board members voted Tut_ -y to place a moratorium on adult book stens. x -rated theaters and topless oars is Islip. The board will not issue permits. ca- uricates of occupancy or licenses to owners of x -rated businesses for tour months. By then. the board hopes to draft a new ordinance to regulate what Islip • Town Supervisor Michael LoGrande call- ed "a proliferation of these places in residen" and inappropriate areas." LoGrande said impetus for the moratonum was the t'lCettt conversion of the vacant Woody's Pancake House on Sunrise Highway in Bohemia into an adult book stole. "'rhe store is directly in bunt of a residential am. I don't think it is fair that those people should have to put up with that kind of thing — or that the town has Decal powerless to stop it because of court Mings concerning pa-' nography," he said Last year. said LoGrande, the Town .rigid in vain to close down an adult book store in Bay Shore: The scenario of events follows: A detective was sent to the establish. ment, whereupon he purchased three reels of film and a n=tter of magazines. Judge Howard eerier subsequently view- ed the films and magazines. concluding that obscenity =xisted within the mean- ing of the State's Penal Law. A Search warrant was then issued for seizure of all films and magazines within the establishment. A proceding was brought to enjoin the book store from retailing each and every item on the list. The court granted an injunction. however replenishment of stock was to take place. r RA 106 since a new month meant new editiott~.4 the magazines — problem a. At about the same time. problem 4 was beginning to shape up. The book store in Question appealed the ruling under the First Amendment and while the appeal was pending. an identical case was decided by the Supreme Court. The Court in its ruling. stated that both the search and seizure of material was il- legal. The ruling was applied to the Town's case and the Appellate Court then dismissed bBp's action against the book Stole. L,oGrande and Town Attorney VR'iWamt Bennett say they can enact a morstaivat because s -rated places are not open to the pub5c but only to adults over 1L The age Wait defines x -rated business as "serving a limited class of peopic rather than the public at large. so I think we as regulate cheat," the super- visor said. t Say 'No' to Iii an unprecedented move Tuesday, the Town Board placed a moratorium on adult book stores, x -rated movie houses and topless bars in Islip. The strong action is likely to. meet with equally strong opposition — so the Board needs to know they have the 'support of the com- munity in what promises to be a lengthy courtbattle. - Owners of X-rated establishments have argued suc- cessfully in the eyes of the law that ordinances forbidding them to go into business infringe on x -rated 10 JUL 25 1990 SUPERVIenR VV TOWN OF ISLIP ' First amendment guarantees freedom of speech. we feel sur places infringe on our right X-rated businesses devalue pr perty, encourage 'crime ar create undeniable social pr bless. In the long run, businessman who chooses open an X-rated shop can lora: elsewhere — but homeowne: can't. And that is the bottom !:r in a debate which has needless: pitted two sections of the Co: stitution against each otbc when a simple "no" Would c just finc rr •Z sG Ger �i't RA 107 0 ADULT USE ZONING ORDINANCE OF THE TOWN OF- ISLIP (PROPOSED) W=MAkA tie0l ' rn So- t the Town of Islip has been iiand Ls concerned with the conservation of the residential, baste and commercial areas within the Toim of Islip: and WSLRZ)LS, the Town Board has continued to suppor. a Iprogram of residential aeighborhood,.business, and induse:ii development and redevelopment in tha Town of IML'p th-ough the Community Development Agency and other programs sponsored by :h4 Town of Zslips and I tea, the Town Doe.. -d is concerned with the or-lstiag and potaat al of -feces of Movie theatres, co=aarcial shops for t: bsrtar, rental or sal of printed Material, pictures, motion pictuzes, Magazines and books and cabarets or bars o::erinq Livi eatert��*+Mont feat=inq s=ippers. go-go dancers, wtc:ic dance_ -s or similar rta4murit2, and which are not open to the public generally bat only to ona or sore classes of the public: e3=!ut: any minor by virtue of age: and WREMS, is is in the best interest of the Town of :sl to protect the health, safety'and wal:are of the- residents -- '' Ve effects of these businessas .upon the residential, business a comaeerc:Ul districts v_:hin the Tom of ZsLp: and W83EAS, the Town Board is concerned that the nr�-esr.:a proliferation and concaat_-at:= of these businesses wiU adze=sa *fleet residential, business areas, caams:ria: areas, and sc!:=_ houses of worship, parks, playgrounds and other a=eas-rsq'.u: tad by juveniles throughout the Town of Zslips NOW, TzC7zFOK, an action of Council seconded by Coumcil , be it ]t?SOZVLD, that tba Town Board of the Town of ZsL'p boraby enae:ts an Adult Use Zoning Ordinance, as follows: i W=MAkA tie0l ' rn So- t the Town of Islip has been iiand Ls concerned with the conservation of the residential, baste and commercial areas within the Toim of Islip: and WSLRZ)LS, the Town Board has continued to suppor. a Iprogram of residential aeighborhood,.business, and induse:ii development and redevelopment in tha Town of IML'p th-ough the Community Development Agency and other programs sponsored by :h4 Town of Zslips and I tea, the Town Doe.. -d is concerned with the or-lstiag and potaat al of -feces of Movie theatres, co=aarcial shops for t: bsrtar, rental or sal of printed Material, pictures, motion pictuzes, Magazines and books and cabarets or bars o::erinq Livi eatert��*+Mont feat=inq s=ippers. go-go dancers, wtc:ic dance_ -s or similar rta4murit2, and which are not open to the public generally bat only to ona or sore classes of the public: e3=!ut: any minor by virtue of age: and WREMS, is is in the best interest of the Town of :sl to protect the health, safety'and wal:are of the- residents -- '' Ve effects of these businessas .upon the residential, business a comaeerc:Ul districts v_:hin the Tom of ZsLp: and W83EAS, the Town Board is concerned that the nr�-esr.:a proliferation and concaat_-at:= of these businesses wiU adze=sa *fleet residential, business areas, caams:ria: areas, and sc!:=_ houses of worship, parks, playgrounds and other a=eas-rsq'.u: tad by juveniles throughout the Town of Zslips NOW, TzC7zFOK, an action of Council seconded by Coumcil , be it ]t?SOZVLD, that tba Town Board of the Town of ZsL'p boraby enae:ts an Adult Use Zoning Ordinance, as follows: 568-341.1 RA 109 Uses allowable in an industrial S District only +ts a special exception by board Of Appeals of tar publ;c bearing. A. Adult Uses 1. Purposes and Considerations: a. in the execution of this ordinance it is recognized that there are sone uses which, due to their v+arr nature, have serious objectionable cbauctoristics . The ob j ecti,o ablo characteristic of these uses are further heightened by their =& aeatrstion in nay one arse thereby having Wer- oariaos affects on adjacent areas. Special requ- latim of these uses is necessary to insurr that these adverse affects rill not contribute to the bLigbt3aq or dovagzadiaq of the surrounding nstigbbor3noods or land uses. b. It is further declined that the location of those uses in regard to areas where our Youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Islip. c. These special requlations are itemised in tkd' Ls section to acc m"4sh the primary purposes of preventing a concentration of -the" uses in any one area and rest:'-ctinq their accessibility to minors. 2,. Defintit3ans: • t Adult Dookstars: An astablisbann:t bavi„g as a substantial al or significant portion of its stack s in trade, books, magazines, other periodicals, films, -14 da video tapes, and which establish smut is customarily not open to the public ganrally but asrludas any minor by reason o! age. ,adult Drive-Za Theater: A drive-in theatar that erst=azr�ly presents motions pic=as that a --e act open to the public generally but excludes any minor by reason of age. Adan Ea*arts ^mRt Csba.-at: A public or private astablisb=mt which presents topless dancers, strippers, maI* or female impersonators, exotic �, or other s milar is , and which establishment is customarily not open to the public geaarally but excludes any scissor by reason of age. Aduit Hatai: A notal which is not open to the public genarally but excludes minors by reason of age, or which sakes available to its patrons In their rooms filers, a WA shows, or videotapes, which if presented in a public mo ie theater would not be open to the public gene --ally but would exclude any minor by reason o: age. - 2 - RA 110 Adult Theater: A theater that custmarily presents y motion pictures, film. ridaouFw. or Slide show 11 �I that are not open to the public gaaara:ly but exclude any minor by reason of age. 1 I :tassary Establishment: Any astablishDont ha" a fixed place of busi.aess where massages are fared for pay, includ.nq but not limited to massage Parlors. sauna baths and steam baths. This defi- I nition stall not be const== to include a hospital nursing home, sedical clinic, or the office o: a physician, surgeon, chiropractor, osteopath, or duly licensed physical therapist, or bat -her shops or beauty salons in which massages are administared only to the Scalp, face, neck, or shoulders. his i defiaitica also shall exclude health clubs which bave facilities for physical exsreist such as tans I coasts, racquet ball courts or exercise roams, and which do not receive their primary source of revenue th=ough the administration of massages. i Peep Sbotiss A thastar which presents material in the fors of live shows, films, or videotapes viewed from an individual enclosure for which a fee is charged and which is not open to the public i gena-z21Y but exeludas any minor by season of no. 3. She adult uses as defused is •2• above ars to be restricted as to location in the followiaq aa.=a,: in addition to any other requireahents of this Cuda. Ia. Ars.► of the above uses shat' not be located within a Soo -foot radius of may a --ea zoned for r*sid+ retial nsa. s b. Any of the above uses shall -not be locate - with 4 - ocate- within a_ 1/2 nils radius of aacthar such ass. c. Any of the above meas shall not be Iccated within a 300 -foot radius of any school, chinch or other place of religious worship. spark, plaTI-razad a playing =iald. <. The zas=icttlons• a*=e-ated in •3• above may be waived by the :bwn Zoaing Board of appeals if the applicant shows and the Board finds that the following coad3tions have been met in TAM tion to the sane --%I conditions contained in Article M= of this Code2 a- That the proposed use will not be coat-a_� to the public intarnst or injurious :o ae4t37 psoparties, and that the epi_it and intent of this ordinance will be observed: and b- That the establishment of an additional use of this type in the area will not be cont-ar7 to map prograa of neighborhood conso-vatioa or improveasaat, eitha: :as: de: tial or no:: resident'ia : and . c. That 31% or nose of the property owners within the res`--r_r: a --aa as de:i.-ied in S3 IW of t:is subdLvis:on have signed a pet! lon stages that _hey ;hive no or;ecti:a to :he es•.ablist=*n: of cre of the :se's defined above. - 3 - $63-15W. Any legal Don-eonfosainq use way be aoatinued except as set forty in 66-12: 6s-341.1 6) provided. tm+ ' tea: a use shall not be Changed unless Changed to a Conformal use. A legal • son-eonforaiaq use, if changed to a Conforming use, may not be thereafter changed .to any non- coniosminq use. Upon a vote being taken, .he result was: - 4 - RA 111 S. Xo tura than one of the adult rias as defined above sha"I be located on any lot. i 6. Ey amortisation, the right to 2aintain a ie,s: non-conlornirq adult use shall carminate is accordance with the followinq schedule: Amount of Capital investment as of the Date 3efore Kh.:c.� Lffective Date of ase Shall ?errti,!-t. ' this Ordinance: • - 0 tQ S,OoO January 1, 1912 5,001 to 1,000 January 1, 1912 8,001 to 15,000 Jamaa.? 1, 1914 15,00L to =' coo January 1, 1985 • 22,001 or ooze January 1, 1966 The tau 60"a al Znvastmeat•, as used above, is defined to asan the initial outlay by the owner or operatnr.of the use to establish the basin -20 as of the data of the anaetment of t the edi=�, ezelusive of the fair market valaa of the struct= in which the use is located. - 7. Uverabllity. . . Sf any Clause, santance, section, parsgzaph o protision of this subdivision or any rale or rega&t4 on be" —A- shall be to court of eampetient jurisdiction be invalid, ' such j=19ment shall not affect, imP84 , or invalidate the Tim i radar of this subdivision bat shall be cont=aed in its operation to the Clause, sentence, section, paagraph or provisix . or sale or regulation di-eetly involved in the t controversy in which such judgment shat) have I Mesa rendased. t. This ordinance shall trice effect s=ediata_y- and be it furt..her- ' BLSOL4=, that the Sown Board of the :own o: :s _P Ihereby ammads Section 96-15(JL) of the Zoning Ordinance. to ri as follows: $63-15W. Any legal Don-eonfosainq use way be aoatinued except as set forty in 66-12: 6s-341.1 6) provided. tm+ ' tea: a use shall not be Changed unless Changed to a Conformal use. A legal • son-eonforaiaq use, if changed to a Conforming use, may not be thereafter changed .to any non- coniosminq use. Upon a vote being taken, .he result was: - 4 - III RA 112 s NO -.TCS ZS EKY GIM, that the Toys Soar: of the of ZsL' p wil-I hold a public hearing on at 2:30 P. K., at the Town EaL. 635 rain St-reet, Zs:ip, New,: for the purpose of considaring as+endins the Uminq ord:nsance c the Town of Zslin by adding a now Section 66-341.1, and amend: Secy -ion 99-ISCA) of the L14 sown Cade, summarized as foLows 16/-341-1 Uses allowable ia* an Zndustrial.I District ora bearing. 4 exception by Board of Appeals aft psi Mar parposr of the Ordinance is to regalata the location adm1t aces lDested in the Tmu of Is' 49. Adult Uses are def:_- in the Oidiaance as follows: Adult sookstoret Adult Drive-Za Theater: adult: Eatartmiglent Cabaret: Adult Hotel; Adult haat Massage zstabl 4 shmat, Peep Shows. All adult uses defined in Ord' m—ce shall be rast=icted to Indust--Ial - Z Distric-.s oa:y s special auesption by the Board o: appeals alter a public bear and shall not be located within 500 fee= of any area zoned :a= rew'dentia use: within 300 fact of any school, church or plac. s - OrL-1 religious worship, p:--&, Playq==d or playinq field: c= v`. one-half zUe of anothez such use. The Zoninq Board of Appeals bas tho right to waive tre a=i =astrictions !oF good cause provided that the !dow=ns =an'_ are proved by the applicant: (1) tbs use gill net be rant ---a7 the public interest, injurious to nearer properties, or violat3 the spirit or intact of the Finan=: (2) astabL'shment of additional use in the area will not be c==m --7 to any aeiq_.bo: boot psogrm of conservation or improvement: and t3) that 530. . p=opez%y owners with -4n 300 fest of the area have signed a petitic a stating that they have no object -Lon to the estabUzh;-s of this use The ordinance further provides t.~at =o =re thaw one C2.) adult ase shall be located oa any o o Cl) lot, and that- no::- canforzinq adult uses shall be terminated in accor_an=a with t.*- RA 113 - schedu" a contained 'in the 03r --ca, which schAdul• %pr vie , termination in from one (1) to five (S). years after the or years Of this Ordiaancs according to the amount of capital.investad the use. Section 68-1.5(A) is amended as follows: I 568-15(A). Any legal noncoatoraLnq use may be continued except as set forth in ;164-12.- S68-341.1( 164-12;S68-341.1(STs - : PCO93-d4d, hOWSVQXo,' cn&r. a loqw. non=-FozmLnq use shall not be Acb Mq" no -con z=4 -g4 0�, ai ehaao q"gtoosa. use, miaz not be tbereaf tar ctunged to may n=coafa=la4 We. I P1 Am =mTCx= 3= syamev"- CMUM= Oa ADOITSDttS 2S Z= AM nMICA= By DNDtRt.M. A c c;mplate copy of the p=;cssd Ordinance is on file in the 0:: of tba' .own Clark of the Town of Islip for inspection ber eft boot of 9:00 A. M. and 6:30 P. !L. Jit which time all interested pe -sons will be given an opportunity to be heard. Dated: Z22ip, Now Tock . 1980. TOOO DGAM TOWN or Inv By: nomas F. u-"=toa :own Clark - 2 - 'Will tmmmm", -'m r im, TA U, W', i, RIC pi eill, t N"i —V, 4rb-IIe?'1 4 "AraxfiL 4. 1" -- 0� , .. , , 0 ik CITY PLAN CASE NO. 26475 Council File No. 74--452?.-S.3 STUDY OF THE EFFECTS OF THE CONCENTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS IN THE CITY OF LOS ANGELES lu Prepared `for: Panning Committee of the Los Angeles City Counc;l Prepared by: Los Angeles City Planning Department. June. 1977 F1 TABLE OF CONTENTS Page Summary and Recommendations . . . . . . . . . . . . . . . . . . . 1 I. Findings . . . . . . . . . . . . . . . . . . . . . . . . . . 4 II. Purpose and Scope . . . . . . . . . . . . . . . . . . . . . 7 III. Methods Currently Used to Regulate Adult Entertainment Businesses . . . . . . . . . . . . . . . . . . . . . . . . 9 A. Approaches to the Regulation of Adult Entertainment by Land Use Regulation . . . . . . . . . . . . . . . . 9 1. Boston Approach . . . . . . . . . . . . . . . . . 9 2. Detroit Approach . . . . . . . . . . . . . . . . . . 10 3. Variations Adopted by Other Cities . . . . . . . . . 10 B. Alternate or Supplementary Forms of Regulation Currently Available Under State and Municipal Law 14 1. Red Light Abatement Procedure . . . . . . . . . . . 14 2. Police Permit Requirements . . . . . . . . . . . . . 15 C. Other Regulations of Adult Entertainment in Los Angeles ` 18 IV. Methodology and Analysis . . . . . . . . . . . . . . . . . 20 A. Changes in Assessed Valuation Between 1970-1976 . . . . 22 1. Study and Control Areas . . . . . . . . . . . . . . 22 2. Conclusion . . . . . . . . . . . . . . . . . . . . . 25 B. Public Meetings . . . . . . . . . . . . . . . . . . . . 27 C. Questionnaires . . . . . . . . . . . . . . . . . . . . 32 1. Description of Survey . . . . . . . . . . . . . . 32 2. Results of Survey . . . . . . . . . . . . . . . . 33 D. U.S. Census and Related Data . . . . . . . . . . . . . 44 1,_Description of Hollywood using -- "Cluster Analysis" . . . . . . . . . . . . . . . . . 44 TABLE OF CONTENTS (cont'd) 2. Description of Studio City and North Hollywood using Census Data . . . . . . . . . . . . . . . . . 47 V. Police Department Study of Hollywood . . . . . . . . . . . . 51 TABLES I. No. of Ordinances Regulating Adult Entertainment Uses . . . . . . . . . . . . . . . . . . . . . . . . . 11 II. Ordinances Regulating Adult Entertainment Uses by Dispersal . . . . . . . . . . . . . . . . . . . . . . . 13a 1 III. City Council Files Relating to Adult Entertainment . . . 19a IV. 1970-76 Changes in Assessed Valuation . . . . . . . . . 24a V. Studio City, North Hollywood and City of Los 4 Angeles Comparison of Census Data . . . . . . . . . . . 48 VI. Reported Crimes and Arrests 1969-75 - Hollywood and City of Los Angeles . . . . . . . . . . . . . . . . 53 Exhibit A - Generalized Location of Adult Entertainment Sites in Hollywood and Central City, by Census Tract . . . . . . . . . . . . . . . . . . . . 22a Exhibit 6 - Generalized Location of Adult Entertainment Sites in Studio City and North Hollywood, by Census Tract . . . . . . . . . . . . . . . . . . . . 22b APPENDICES A. Assessment Data - 1970 and 1976 1 1 B. Form - General Questionnaire 1 C. Form - Appraiser Questionnaire D. Response and Summary of Privately -Distributed Questionnaire (not a portion of study) E. Data from U.S. Census - 1960 and 1970 t SUMMARY AND RECOMMENDATIONS f A. Types of Ordinances to Control "Adult Entertainment" Uses i Two methods of regulating adult entertainment business via land use regulations have developed in the United -States. They are: 1) the concentration of such uses in a single area of the city as in Boston; and 2) the dispersal of such uses, as in the City of Detroit. The Detroit •ordinance has been challenged and upheld by the U.S.` Supreme COu•rt (young vs. American. Mini -Theaters, 96 S. Ct. 771, 1976). B. Effect of "Adult Entertainment" Businesses on the Community There has been some indication that the concentration of "adult entertainment" uses results in increased crime and greater police enforcement problems. In the Cit; of Los Angeles, the Los Angeles Police Department has • -,"ound a link between the concentration of such businesses and increased crime in the Hollywood community. (The major portion of a Police Department` report on this subject is herein contained.) While several major cities have adopted ordinances similar to the Detroit ordinance, no other major city has, tG our knowledge, adopted a Boston -type ordinance. Testimony received at two public meetings on this subject has revealed that there is serious public concern over the proliferation of adult entertainment businesses -particularly in the Hollywood area. Citizens have testified of being afraid to walk the streets; that sor,,e businesses have left the area or have modified their hours of operation; and that they are fearful of children being confronted by unsavory individuals or of being exposed to sexually explicit naterial. A representative of an adult ;,heater chain testified in support of the manner in which this business jvas run and in support of the type of clientele which attend the theaters. The Planning Department staff is of the opinion that the degree of deleterious effects of adult entertainment businesses depend largely on the particular type of business and on how any such business is operated. A mail survey questionnaire conducted by the Planning Department has tended to emphasize general public concern over the proliferation of sex -oriented businesses and has indicated further, that appraisers, realtors and representatives. of lending institutions are generally of the opinion that concentration of adult entertainment businesses exerts a negative economic impact on both 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. .. •c' t The 1g 970-76 change in the assessed value of residential and commercial properties containing concentrations of adult enter- tainment businesses was compared with other areas without such concentrations, and with the City as a whole. On the basis of this comparison, it cannot be concluded that properties containing concentrations of adult entertainment businesses have I directly influenced the assessed valuations of such properties. I Data and analysis based on the U.S. Census of 1970 and certain j trend .data from the censuses of 1960 and 1970 as applied to areas of the City containing concentrations of adult entertainment businesses are included i n_ the body of the report and in the -Appendix. C. Scope of the Ordinances Enacted by. Other Jurisdictions The scope of "adult :entertain,nent" ordinances encompases a � variety of adult activities.* For example, the Los. Angeles Study has considered "adult entehtainment" e'stablishment's to include adult bookstores and theater's, massage parlors,, pude modeling studios, adult motels, arcades, and certain similat• businesses. Many other ordinances studied, however, are less broad in their coverage. The Detroit ordinance, for instance does not regulate massage parlors or adult motels, nor does it provide for the closing of any such businesses by amortization, which would be necessitated by the retroactive application of such an ordinance. Table I on page 11 indicates the ordinances reveiwed and the major categories of uses they regulate; Effect of Ordinances Enacted by Other Jurisdictions: The U.S. Supreme Court i -n Young vs. American Mini -Theaters pointed out, as one of the bases for upholding .t e Detroit ordinance, that the regulation did not limit the number of "adult entertainment" businesses. Our study has indicated that the practical effect of literal adoption of "Detroit" language without modification in the City of Los Angeles wculd be to limit the potential locations for such businesses rather severely. Due to the predominance of commercial zoning in "strips" along major and secondary streets, an ordinance preventing "adult entertainment business from locating within 500 feet of residentially zoned 1 property would, in effect, limit such businesses to those areas of the City where there is commercial zoning of greater than 500 feet in _depth. Areas with such commercial frontage would include downtown Los Angeles a small part of Hollywood, Westwood, and Century City. A few industrial areas would also afford' a separation of this distance from residential properties. The limitation of 1,000 feet between establishments (as provided in the Detroit.ordinance) would likely be inappropriate in the City. of Los Angeles inasmuch as commercial zoning is'located in a strip pattern along most of the City's approximate 1,400 miles of major and secondary highways. (It is estimated that approximately 400• miles of such "strip" commercial zoning exists in the City.) -2- D. Recommendations 1. If the City Council should find it advisable in light of the findings of this report to recommend the preparation of an ordinance to control adult entertainment businesses, such an ordinance should be of a dispersal type rather than a concentration type. (To build a planning policy basis for such regulation, the Council may a)so.wish the Planning Department to consider the development of appropriate policies for incorporation within the Citywide Plan.) 2. If a dispersal type ordinance is recommended by the City Council, the Planning Department is of the opinion that such an ordinance should be designed for specific application in the City of Los Angeles, rather than the direct adoption of the Detroit model. If such a dispersal type ordinance is recommended for enactment locally, it should consider: a. distance requirements between adult entertainment establishments. The Planning Department recommends that a separation between establishments greater than 1,000 feet is necessary and desirable. b. distance requirements separating adult entertainment establishments from churches, schools, parks, and the like. The Planning Department suggests that a separation of at least 500 feet is necessary. A similar distance separating adult entertainment uses from single-family residential. development should a-lso be considered. C. the possibility of enacting additi-onal provisions to regulate signs and similar forms of advertising should also be considered. 3. If the City Council should find it advisable to recommend all of the types of "adult entertainment" businesses included in this study, it should cons i -der -w.hethe-r. al -1 such uses should be in the same class and subject to the same regulations. 4. Should the City Council recommend the preparation of a zoning ordinance to regulate adul-t entertainment businesses, other sections of the Munici-pal Code relating to the subject, including police permit req-uirements, should also be amended in order to be consistent .with the zoning regulations and to facilitate the administration and enforcement of such regulations. -3- 5. The Planning Department recommends that it be instructed to review existing zoning regulations applying to the C4 zone which currently prohibits "strip tease shows" and that the Zoning Administrator; through interpretation, consider expanding the list of prohibited uses in said zone to include additional adult entertainment uses as herein indentified. G. To assist in the regulation of "adult entertainment" busi- nesses, the City should continue to vigorously enforce all existing provisions of the Municipal Code relating to the subject; including Zoning regulations. • 3 a - -- _. �'_ wy , i I. FINDINGS 1. A Boston -type ordinance (concentration) to control adult entertainment businesses would not be acceptable nor desirable in the City of Los Angeles. 2. In the event legislation is enacted in the City of Los Angeles there is adequate basis -for a Detroit -type ordinance (dispersion) which requires a distance of 1000 feet between establishments and 500 feet from residential zones. -- Existing locational patterns of adult entertainment businesses (in Hollywood, Studio City, North Hollywood) actually represent a concentration rather than a dispersion. of establishments. (Such patterns are .contrary to the Detroit concept and are due, in fact, to the City's strip commercial zoning pattern.) 3. If dispersion is desired in Los- Angeles, an ordinance should be* designed specifically for the City. (Direct application of the Detroit ordinance would not be desirab-Te or appropriate in Los Angeles and would, in part; tend to result in a concentration of such businesses.) 4. Statistics provided by the Los Angeles.PoliceDepartment (LAPD) indicate a proportionally larger increase in certain crimes in I Hollywood from 1965-75, as compared with the City of Los Angeles as a whole. (Hollywood has the largest concentration of adult entertainment businesses in the City.) 5. Statistics provided by the LAPD indicate that there has been a large increase in adult entertainment enterprises since 1969, . particularly in Hollywood. From December 1975 to December 1976, however, there has been a decrease in such establishments. 6. Tes.ti-mony obtained at two public meetings on the Adult I Entertainment- study conducted on April 27 and 28, 1977 indicated that: - 44an•y•-pe•rsons, including the elderly, are afraid to walk the streets in Hollywood. j - Concern was-.e-xp•ressed that children are being exposed to ` sexually explicit materials and unsavory -persons.. [ - Some. b u s+n-ess es n o'- t mger--rema-i n open in the a v'e n - lig s- and t others have left the area allegedly directly or indirectly .'due.... t.o.. the - es ta.b I i s-hm7rt• -of -a du -1-t_ et�t�rtai arm ent _ h usine sses-: - - Irr-boll .waod. some chimches driv th - Y e e e l�e�r1 y t� -sewrrtctrs• _ "._ a rrdothers pro y r de• p.r...i-vaxe• -gua rd -s--4 n- '-ttre i r parking 1 o t. s_. -Nearly all persorrs� •-.oppos-ed' -the -concentrati-on•- -of- -adult- - ent-e-rt•a i•nmeftt..-activities . "t 0, 7. Responses to questionnaires of the City Planning Department have indicated that: Appraisers, realtors, lenders, etc. believe that the concentration of adult entertainment establishments has had adverse economic effects on both businesses and residential property in respect to market value, rental value and rentability/saleability; that the adversa economic effects diminish with distance but that the effects extend even beyond a 1000 -foot -radius;* and that the effects are related to the degree of concentration and to the specific type of adult entertainment business. - Businessmen, residents, etc. believe that the concentra tion of adult entertainment- establishments. has adverse effects on both the quality of lifer and on business and property values. Among the adverse business effects cited are: difficulty in retaining and attracting customers to non- "adult entertainment" businesses;:4- difficulty in recruiting employees; and difficulty in renting office space and keeping desirable tenants. Among the adverse effects on the quality of life cited are increased crimes the effects on children; neighborhood appearance: litter and graffiti. 8. A review.of the percentage changes in the- assessed value of commercial and residential property between :1970 and 1975 for the study areas containing concentrations of adult entertain- ment businesses have indicated that: The three study areas in Hollywood containing such businesses have increased less than the Hollywood Community, and less than the City as a whole. Two of the three study areas in Hollywood have increased less than their corresponding "control areas";'however; one such study area increased by a greater amount than its corresponding control area. - The study area in Studio City has increased by a greater percentage than its corresponding "control area".by a slightly lower percentage than the Sherman Oaks -Studio City Community; and by a considerably greater percentage than the entire city. - The study area in North Hollywood has increased by a considerably lower percentage than its corresponding control area; the North Hollywood Community• and the City as a whole. - On the basis of the foregoing it cannot be concluded that adult entertainment businesses ave directly influenced changes in the assessed value of commercial—an residential properties in the areas analyzed. ). There are various existing laws and regulations (other than zoning) available to effect proper regulation of adult entertainment businesses. •5 10. There 'is a• high degree of turnover in individual adult entertainment businesses as evidenced on pare 51 . (Much of this change is probably due to Police enforcement.) 11. The Los .Angeles City Council, both on its own initiative and at the.urging of numerous citizens groups, has proposed a variety of approaches to.limiting the possibly deleterious effects of "adult entertainment" business on neighborhoods. 12. At least 10 cities have adopted ordinances similar to the Detroit dispersal ordinance. Several other cities have enacted other forms of regulations. 13. The Detroit ordinance does not regulate massage parlors. Of *he cities with regulat-ions, -three have included massage parlors within the purview of their zoning ordinance. 14. None of the cities'surveyed call out or regulate adult motels as a cart of: their ."adult entertainment" ordinance. 15. The Detroit Ordinance is prospective in its application and therefore does not include an amortization provision, i.e. provide for a time period for the removal of existing businesses. Although other such ordinances have included such provisions, none had been validated by the courts at the time of this study. I. i -6- Z ftw nor Viii r +' _ i cm CO ■.- �''�� SO ftw nor Viii r +' _ t W74q 7 ! W t - s:E /* ©p T. N 4 ADULT CMA OPEN 24 HOURS on j .•tii, �i ' i5 c .. .- AiR CCn01r -..-_ � _.. t' ate],...•. btL. ab - SA1. ON A- BOUSEl; `DANCERS �'' WAYT[f1/ � vepY .k<REE� a aeca J�_ Z7 -.ri'� •x ':r ��'tL"` - � W Was..,:• �F..Z.: Yr•ati ��-W si'F�• 4 �.d� �•9S �� d4fa .'d�1. �� A D U • �I�i� 1a LMC SEW NUDE GIRLS'z t �� 1 wi LLI <Z LU wl fes• i - �� ."apt ow >z- W�C�--V �1 �1 ...... .err 'r..+.' 14, 3 r+ Z- "Wa I w I."" N 1�1171 6i ^[, FI [ RAMS 1101 -S! Is � ADULT BO'uj% i wy I y S1r'- .!•..�.,. . . ��., 1 � � • i i h � `� b. 1. `, • i.• y �. •tst_ f[t__ rf « vY'�iYV�F,� r r II. PURPOSE AND SCOPE On January :12; 1977; the Los Angeles City Council instructed this Department, with the assistance of other City agencies, to conduct a comprehensive study, to determine whether the concentration of so-called "adult entertainment" establishments. has a blighting or degrading effect on nearby properties and/or neighborhoods. The term "adult entertainment" is a general term utilized by the Planning staff to collectively refer to businesses which primarily engage in the sale of material depicting sex or in providing certain sexual services. These would include the following: adult bookstores; X-rated theaters; adult motels with X-rated entertain- ment; massage parlors; sexual therapy establishments (other than those operated by a licensed psychologist, psychiatrist; etc.); and nude., topless or bottomless bars and restaurants. During the past few years, there has been increasing concern in Los Angeles over the proliferation of such sexually oriented businesses. The derivation of such* concern is varied --religious, moral, sociological and economic. The positions advocated by the public range from a "laissez faire" attitude to outright moral indignation and demand for prohibition. It should be noted at this time that the topic of newsracks, was not dealt with in this study. The primary reason for not considering newsracks is that, in addition to the absence of a specific Council request for this Department to deal with that subject, this matter has been and continues to be a topic of litigation in our state courts. Additionally. other public agencies; including the City Attorney, Bureau of Street Maintenance, and Building and Safety; are presently pursuing assignments regarding newsracks., and it is premature to determine whether newsracks could feasibly be studied as "adult entertainment" businesses., 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 whether adult entertainment establishments, where they exist concentration:, cause blight and deterioration. When this question has been posed to the public, there have frequently been anguished retorts to the effect that "the answer is so obvious it is ridiculous to even ask the question," and "what is the City waiting for before it takes action to eliminate these scourges of society?" On the other side of the the adoption of any r question the legitimacy and they have noted that adult bookstores are als where the likelihood of than within the confines ` under 1.8 years of age is spectrum, certain parties who are against egulations regarding "adult entertainment" of the government's intarest in the subject; magazines as "scurrilous" as those sold in o available in the markets and drugstores perusal by youngsters is obviously greater of an adult bookstore (where no person allowed). -7- In completing this study, the Planning Department has made every effort to ensure a fair and unbiased analysis of ."adult entertain- ment." The staff has been instructed to objectively review information of a factual nature; and, although the personal* feelings of organized groups and the public at large were forcefully expressed at the two public meetings and in the study questionnaires, the staff has maintained independence from such strong emotions in evaluating the data gathered. As noted above, the staff has specifically been given the charge to determine whether the concentration of "adult entertainment" establishments- has any blighting or degrading effect on the neighborhoods in which they reside. We did not consider the specific nature or content of the materials or services rendered, advertised or promised, for this would have constituted a censor -like role for the Department which was neither desired nor requested by the Council. This study has focused on the Hollywood community as well as portions of Studio City and North Hollywood as those areas of Los Angeles having the greatest.concentration of. "adult entertainment" i establishments. In order to assess the effect of the concentration of "adult entertainment" establishments in these areas, the staff has analyzed such factors as changes in assessed property values, and reviewed various crime statistics as well as other demographic and related data as available from the U.S. Census. In addition, the Department has reviewed various established. approaches to the l regulation of "adult entertainment" business, including legislation already enacted by other jurisdictions, and earlier efforts of the City of Los Angeles to regulate such businesses. By means of two public meetings on the subject conducted by representatives of the City Planning.Commission, and through the use of a mail survey questionnaire, the Department has also attempted to provide additional documentation relative to -the actual or perceived impact of adult entertainment businesses on the community. Current information on crime statistics has been provided in a separate report prepared by the Los Angeles Police Department, major portions of which are herein included. METHODS CURRENTLY USED TO REGULATE "ADULT ENTERTAINMENT" BUSINESSES A. APPROACHES TO THE REGULATION OF ADULT ENTERTAINMENT BY LAND USE REGULATION Two primary methods of regulating "adult entertainment" businesses via land use regulations have developed in the United States: the concentration approach; as evidenced by the "Combat Zone" in Boston, and the dispersal approach; initialiy developed by Detroit. 1. Boston Approach In Boston the "Combat Zone" was officially established by designation of an overlay Adult Entertainment District in November of _,.974. The purpose of the overlay district was to create an area in which additional special uses would be permitted in designated Commercial Zones which were not permitted in these zones on -a citywide basis. The "Combat Zone" had existed unofficially for many years in Boston; as the area in question: contained a majority of the "adult entertainmont" facilities in the City. The ordinance was adopted in response to concern over the spreading of such uses to neighborhoods wh3re they were deemed to be inappropriate. Other considerations included facilitating the policing of such activities and allowing those persons who do not care to be subjected to such businesses to avoid them. Under the Boston ordinance, adult bookstores and "commercial entertainment businesses" are considered conditional or forbidden uses except in the Business Entertainment District. Existing "adult entertainment" businesses are permitted to continue as non -conforming uses, but, if discontinued for a period of twio years: may not bo re-established. Establishment of uses in areas of the city other than the "Combat Zone" requires a public hearing before the Zoning Board of Appeals. The effectiveness and appropriateness of the Boston approach is a subject of controversy. There has been some indication that it has resulted in an increase in crime within the district and that there is an increased vacancy rate in the surrounding office bui.ldings. Due to complaints of serious criminal incidents, law enforcement activities have been increased and a number of liquor licenses in the area have been revoked. Since the "Combat Zone" and most of the surrounding area are part of various redevelopment projects, however, the change in character of the area cannot be attributed solely to the existence of "adult entertainment" businesses. M 2. 3. In Los Angeles, the Police Department has investigated the effect of "adult entertainment" businesses in Hollywood and found a link between the clustering of these establishments and an increase in crime. (See Section V. pages 51 to 55). For this reason, and due to the enforcement problems created by such concentrations, the Police Department is not in favor of a concentration approach in the City of Los Angeles. Public testimony at hearings and through Planning Department questionnaires has indicated an overwhelming public disapproval of -this approach for the City of Los Angeles. Detroit Approach The City of Detroit has developed a contrasting approach to the control of "adult entertainment" businesses. The Detroit Ordinance attempts to disperse adult bookstores and theaters by providing that such uses cannot, without special permission, be located within 1000 feet of any other "regulated uses" or within 500 feet of a residentially zoned area. This ordinance was an amendment to an existing anti-skid row ordinance which attempted to prevent further neighborhood deterioration by dispersing cabarets, motels, pawnshops, billiard halls, taxi dance halls and similar establishments rather than allowing them to concentrate. The ordinance was immediately challenged and eventually was upheld by the United States Supreme Court. (Young vs American Mini Theaters 96 Supreme Ct. 771; 1976.) In response to our request, data supplied by the City of Detroit Police Department indicates that the combination of the dispersal ordinance and a related ordinance prohibiting the promotion of pornography have been an effective tool in controlling adult businesses. To date, 18 adult bookstores and 6 adult theaters have been closed. There are 51 such businesses still in operation in Detroit and 38 pending court cases for various ordinance violations. Variations Adopted by Other Cities The success of the Detroit ordinance has spurred attempts by a number of other cities to adopt similar ordinances. The uses controlled and the types of controls established by these ordinances are summarized in Tables I and II, infra. Wftile the current study of the effect -of "adult entertainment" businesses on neighborhoods in Los Angeles has encompassed all forms of "adult entertainment", the ordinances reviewed and the Detroit Ordinance specifically; are less encompassing in scope. Table I. on the following page; lists and reviews a number of ordinances, which regulate various specified adult uses. _-10- C J TABLE I Number of Zoning Ordinances Regulating Specified Adult Entertainment Uses (11 Ordinances Reviewed -i not adopted) No. of Cities USE Regulating* Adult Theaters 11 Adult Bookstores 9 Mini -theaters and coin operated facilities 5 Massage Parlors (includes "physical culture establishments) Modeling Studios/Body Painting 2 Pool/Billiard Halls 2 Topless Entertainment 2 Newsracks 1 Adult Motels O * (Numbers have incorporated -where appropriate -uses entitled "physical culture establishments" and "businesses to which - persons under 18 could not be admitted".) -11- The Detroit disper.)al ordinance does not regulate massage parlors; nor does it require any existing business to close by amortization. Many of the more recent ordinances include amortization provisions and several of these are currently in varying stages of litigation. Perhaps the most comprehensive ordinance proposed to date (although not adopted) is that of New York City. The proposed ordinance creates five classes of controlled uses, one of which is entitled "pr,ysical culture �stahlishments" and is defined -as a general class including any establishmentwhich offers :rassage or other physical contact by members of the opposite sex. The- ordinance would also apply to clubs wn_re the primary activity of such club constitutes one of the rive defined classes of adult uses. The ordinance also provides for a special permit exempting individual adult uses fron amortization requirements when the Board of Standards and Appeals Makesfindings regarding: 1. The effect on adjacent property; 2. Distance to nearest residential district; 3. The concentration that may remain and its effect on the surrounding neighborhood; 4. That retention of the business will not interfere with any program of neighborhood preservation or renewal; or 5. In the case of an adult bookstore or motion picture theater, the Board finds that the harm created by the use is outweighed by its benefits. Locally, the cities of Bellflower and Norwalk have enacted ordinances requiring adult bookstores and theaters to obtain a conditional use permit. As a part of their study, the City of Bellflower surveyed over 90 cities in Southern California to determine how other cities were controlling adult bookstores. Of the cities which responded to the Bellflower survey, 12 require a conditional use permit for new bookstores. The conditions for obtaining such a permit generally include dispersal and distance requirements based upon the Detroit model. Bellflower also includes parking requirements and the screening of windows to prevent a view of the interior; it prohibits the use of loudspeakers or sound epuipment which can be heard from public or semi-public areas. Other cities impose such controls as design review, prohibition of obscene material on signs and required identification of the business as "adult". Such controls are a possible alternative or addition to regulation of adult uses by location. -12- Exterior controls affect the aspects of adult businesses which are most offensive to some citizens. The basis for such controls stems from the recognition of privacy as a constitutional right and the right to be "left alone" as a part of that right. (See Paris Adult Theatre I v Slayton, 93 S.Ct. 2628 1973.) Table II; following,.provides a comparison and. description of ordinances from various cities which are regulating "adult entertainment" businesses by dispersal. 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ALTERNATE OR SUPPLEMENTARY FORMS OF REGULATION CURRENTLY AVAILABLE UNDER STATE AND MUNICIPAL LAW 1. Red Light Abatement Procedure Red light abatement is a mechanism authorized by state law which allows local government to control criminal sexual behavior by controlling the places in which such behavior occurs. Sec. 11225 of the California Penal Code generally provides that every building or place used for illegal gambling, lewdness, assignation, or prostitution, or where such acts occur. is a nuisance which shall be enjoined; abated; and prevented. There are three basic steps involved in the City's application of the Red Light Abatement Procedures: (a) A complaint is filed by the City Attorney based upon the declarations of police officers of instances of prostitution taking place on the premises. (b) The City attempts to obtain a preliminary injunction to shut down the business until completion of the scheduled trial. If the City succeeds; the premises may only be re -opened as a legitimate business until the time of the trial. (c) At the trial, the burden is on the City to prove that prohibited acts occurred on the premises. The remedy may be closure of the premises for all purposes for one year, placing the building in the custody of the court, or an order preventing the use of the premises for prostitution forever., Complaints may be filed by citizens, and Sec. 11228 of 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 entertainment establishments in Hollywood along Western Avenue. Although Red Light Abatement is directed at regulating sites, a Red Light Abatement conviction can affect the ability of an owner or operator to obtain a permit for a similar business at another site (see permit requirements supra). Due to the requirement of a. court proceeding, however, this method of control is both time consuming and expensive. •-14- C, C 1 2. Police Permit Requirements Section 103 of the Los Angeles Municipal Code provides fur ,(. the regulation and control of a variety of businesses by permits issued by the Board of Police Commiss.ioler•s. Permittees are subject to such additional requirements as may be imposed by law or by the rules and regulations of the Board. Those businesses for which the City of•Los Angeles ream res a police permit and which may also be oriented tcw'ards adult entertainment include: - Arcades (Sec. 103.101) - Bath and Massage (103.205) - Cafe Entertainment and Shows (103.102) - Dancing Academies, Clubs, Halls (103.105., 106. 106.1) - Motion Picture Shows (103.108) In some cases, the specific regulations applied to t: business, if enforced, preclude adult entertainment activities as a part of, the operation of the business, with revocation of the operating permit an available rerred,� for violation of the regulation. The most detailed regulations are applied to cai:E entertainment (Sec. 103.102 LAMC) and are summarized as follows: a. Businesses Sup ect tc the Regulations Operation of cafe entertainment or show for profit, and the operation of public places where food or beverages are sold or given away and cafe entertainment, shows, still cr motion pictur6s are furnished, allowed or shcwn. The regulation does not apple to bands or orchestras arovidinq mi.;s-ic for c'•ancing. b. Cafe Entertainment Defined "Every form of live entertai-nment, music solo bane: or orcne ra. act, play, burlesque show, revue, pantcmima, scene, song or-•;ance act". The presence o -,- any waitress, hostess, female attendant or female patron c,r, guest attire-! in a costume of clothing that exposE:_ to public view any portion of either brr_act at or below the areola is included with the' purview of the ^rdinance. -15- C. Summary of Activities Prohibited Allowing any person for compensation or not; or while` acting as an entertainer or participating in any live act or demonstration to: (1) Expose his or her genitals, pubic hair, buttocks or any portion of the female breast at or below the areola. (2) Wear, use, or employ; or permit, procure, counsel or assist another person to wear usa or employ, any device; costume or covering which gives the appearance of or simulates the genitals; pubic hair; natal cleft, perineum or.any portion of the female breast at or blow the areola. The above provisions do not apply to a theatrical performance in a theater, concert hall or similar establishment which is primarily devoted to theatrical performances. The permit may also be revoked for conviction of the permittee; his employee, agent or any person associated with permittee as partner; director, officer, stockholder•:, associate or manager of: (1) An offense involving the presentation, exhibition or performance of an obscene production, motion picture or play; (2) An offense involving lewd conduct; (3) An offense involving ,use of force and violence upon the person or another; (4) An offense involving misconduct with children; (5) An offense involving maintenance of a nuisance in connection with the same or similar business operation; or, if the permittee has allowed or permitted acts of sexual misconduct to be committed within the licensed premise. Massage businesses have traditionally been regulated by licensing. The latest changes in the massage regulations became effective in November of 1976. The application for a permit now requires: (1) detailed information regarding the applicant; (2) name, address of the owner and lessor of the property upon or in which the business is to be conducted, and a copy of. the lease or rental agreement; -16- (3) requirement of a public hearing prior to issuance of a permit for the operation of a message business. Operating requirements for massage businesses include: -- a permit for each massage technician; -- regulation of the hours of operation; -- posted list of avai 3.ahle services rrn their cost; - P. record of each treatment, the name and address of the patron, name of Employee and type of treatment admin-istered. So-called "private" c1uhs or "consenting adult which have ostensibly been former' as an alternative to massage parlors had until, recently been .regulated via the requirement of a social club permit. In Jt1ne 2.977, however., the ordinance estab] ishi.na such requirement was declared unconstitutional, by r< LoL Angeles riuncipal Court due to unreeson;�b]c restrictions on the freedom of association. To date, it is unknown whether the City will appeal the ruling or Lmend the ordinance. 0 C. OTHER REGULATION OF ADULT ENTERTAINMENT BUSINESSES IN LOS ANGELES Regulation of adult entertainment businesses has a long history in Los Angeles. In 1915 the "prevalence of sex evils arising out of massage parlors" caused the City Council then to enact Section 27.03 (L.A.M.C.) as "a safeguard against the deterio- ration of the social life of the community." The ordinance provided: "(a) It shall be unlawful for any person to administer, for hire or reward, to any person of the opposite sex, any massage, any alcohol rub or similar treatment, any fomentation, any bath or electric or magnetic treatment, nor shall any person cause or permit in or about his place or business or in connection with his business, any agent, employee, or servant.or any other person under his control or supervision, to administer3 any such treatment to any person of the opposite sex. . This provision remained in the Code, in one form or another, until a similar Los An9eles Cpunty ordinance was: declared I invalid in 1972 due to the priemption of the criminal aspects of sexual activity by the State. In reaching its conclusion, the court referred to the discussion , of the Los Angeles City ordinance in In Re Maki. This 1943 case upheld the constitutional validity of the ordinance, and, according to the court, established the primary purpose of such ordinance as the limiting of criminal sexual activity. The late 1960's and early 1970's brought a proliferation of nude bars and sexual scam joints in the Los Angeles area. In 1969, the Cafe Entertainment regulations (Section 103.102 Los Angeles Business Code) was modified to include strict controls on nudity (see discussion infra). A variety of Council motions were made to control other types of "adult entertainment" such as arcades, massage parlors, and newsracks. Many of these were initiated due to substantial citizen complaints, and some resulted in final ordinances. (See Table III pages 19a to 19d.) 2 In Re Maki 56 CA 2d. 635, 1943. 3 Section 27.03.1 Los Angeles Municipal Code, 1938. 4 Lancaster v Municipal Court 6 C 3d 805, 1972. Eno Beginning in 1974, several Council motions were made generally calling for an investigation and preparation of an ordinance regulating adult theaters and bookstores. The advice of the City Attorney was sought, and at the suggestion of that Office, action was delayed pending the Supreme Court decision regarding the Detroit Ordinance. That decision was handed down in June of 2.976. On July i3, 1976, a Council motion was introduced by Councilman Wilkinson requesting a study of concentrations of adult entertainment similar to that of Detroit. Table III provides a generalized summary of the major Council files and actions relating to adult entertainment. While not part of this study__ a recently enacted ordinance controlling on-site sale of alcoholic beverages should be recognized as an attempt to control another adult -type use. Effective March 1, 1977, the Los Angeles Muncipal Code was amended to require a conditional use permit for the on-site saic of alcoholic beverages. (Council File No. 70-200: City Plan Case No. 22878). Although aimed at the regulation of anti -social activities in all establishments serving- alcoholic beverages, the subject ordinance would, of course, also have a "spillover" effect with regard to those businesses which have adult entertainment as well as alcoholic beverages. Generally, the ordinance would.. in all cases, require issuanc:. of a conditional use permit for any business selling a.lcoh-olic beverages for on-site consumption, rather thart the previous practice of permitting them as a matter of right in certain zones. The advantage of the new procedure is that as a prerequisite of approval of an individual. ap_plicati.o:n., there must be a public hearing to determine whether- the proposed use will have a detrimental effect upon, nearby properties and the neighborhood in which it is being proposed. 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N N U a R +i • 4J y .C'0 m 1.1 -.i a ri m b E) - N 'O H W .9 O C V 41 BiJ C 4) X b to O ri 4) 11 1J 4) 4) $4 tT W b r -I 4) $4 -ri m O O $4 a) a it 4-1 U -r4 4) m -4 1.1 w0 a -H.0 to$4 U- 4 b w b C O O w i tr 4) O M Mr 4) - 14 .X 14 4) 4) :310 o O 14 :5 b 1J a 1 44 a -Ii I C W •.i a Oa-ri a 0 a) a 4 1:4 to $4 Ora 'a' o .0 id -r4 4) ri No a to U m M 4) tr a 4J 041 O .0 4) 0 14 m go rq 4) 0> U 0 0 4) $4 MIC 0 O -r1 (A tr r. 4) a) C M 3.Q O H G 1J 0 -Ii 11 0 w u� ri N a to > O A4 � -rq rIj 4) $4 O .�Q to . 0 N 4 a lt) b .4" 0 n; to C9�dW14 3 a a > • o �a'a3a o x -Ioa to . rt"4 w o > o > m r. C C N -r4 rr-4 4) 441 aa) -rq w w x 0 .-4 3w0N x 1 .4$4 .al 14 -Ii O O iJ td 11 -.i -.i O +1 O 3zacnw to 3 Ww ww ri r-1 r♦ tT N N N 10 Q O► • 0 tf1 N N tT tC 01 0% w w w W w w opt U U U u U U 1 f E+ t Cot tin N N r-1 .-i tf1 r4 '� tt1 t� t+1 1A tf1 IV. METHODOLOGY AND ANALYSIS Methodology ! In complying with the City Council's instructions, the Department has utilized various available data sources, including property assessment data, U. S. Census data, and obtain.ed other information germane to the subject in an effort to determine; on an empirical basis, the effects (if any) of adult entertainment facilities on surrounding business and other properties. The Department also reviewed sales data of commercial and residential property in areas containing concentrations of adult entertainment businesses and in "control areas" containing no such concentrations. The staff also attempted to secure information on the sales volume of commmercial properties, but was unable to obtain this information. It should be emphasized that, in conducting this study; every effort was made by the Department to preclude the introduction of subjec- tive judgment or other bias, except where the opinions of other individuals or groups were. specifically solicited.* It was the Department's intent to base any conclusions entirely on relevant data and other factual information which became available during the course of conducting the study. J The procedure employed by the Department in conducting this study involved the following areas of emphasis: 1. A measure of the change from 1970-76 in assessed "market value" -of land and improvements for the property occupied by and within .an appropriate radius of five known "clusters" (nodes) of "adult entertainment" businesses. An identical measure of four "control areas" without concentrations of adult entertainment businesses was also made to determine if a significant difference in the rate of change in assessment values occurred in such areas between 1970 and 1976. Comparisons were also made with the entire community in which the concentration nodes were located. 2. An analysis of responses received from a mail survey questionnaire conducted by the Planning Department; * Expert opinions were requested from realtors, realty boards, appraisers and lenders through letters and questionnaires. The Department also sent letters to local members of the American Sociological Association requesting their assistance in this study. Their- replies were limited in number and not significant in terms of this study. -20- 3. Review of available data from the U.S. censuses of 1960 and 1-970, including the results of a "cluster analysis" and description of Hollywood based on such analysis prepared by the City's Community Analysis Bureau; 4. An analysis of verbal and written testimony obtained at two public meetings on this subject conducted on April 27 and 28, 1977 by representatives of the City Planning Commission; 5. A review of various approaches to the reguiztion of "adult entertainment" businesses.. including legislation enacted by other jurisdictions; 6. An analysis of alternate forms of control, including existing Municipal Code provisions relative to this general subject; 7. A discussion of earlier efforts of the City. to control adult entertainment in Los Angeles; and 8. A presentaticn of the Los Angeles City Police Department's report dealing with crime statistics and their relation to "adult entertainment" businesses in Hollywood. 9. The actual "last sales price" of commercial and residential properties in areas containing concentrations- of "adult entertainment" businesses were compared with the assessed values of property in such areas. The results were then compared with "control areas" containing no concentration of such businesses. (It was found that- the actual sales prices tended to parallel assessed values and that in other cases the comparison was inconclusive. No further discussion of this aspect of the study is contained herein.) 1.0. In an attempt to determine any possible effects of "adult entertainment establishments" on business sales volume, the Department reviewed sales data from a Dun and Bradstreet computer tape file for the years 1970 and 1.976. However, this source of date could not be used since it did not contain directly comparable information for the two years indicated. (A substantial change in the number of member firms list --d apparently occurred after 1970.) In addition, the Department requested sales information from the City Clerk's Business License File. The City Clerk advised that the generation of the information requested would require 100 man -days of work; consequently their information could not be obtained within the time constraints for completion of the study. -2-1 Items 5, 6, and 7, above, are the subject of Section III of this report, entitled "Methods Currently Used to Regulate Adult Entertainment Business". The Police Department's report is discussed herein as Section V. The Planning Department's analysis of topics i through 4 is described in detail, below. A. CHANGES IN ASSESSED VALUATION BETWEEN 1970-76 IN FIVE SEPARATE AREAS CONTAINING HIGH CONCENTRATIONS OF ADULT ENTERTAINMENT BUSINESSES In order to determine if there has been a significant change in assessed property values which may have been influenced by the proliferation of "adult entertainment" businesses, - the Department has calculated the change in the assessed value of land and improvements for properties occupied. by, and located within, a 1,000 to 1,800 foot radius of known concentrations of adult entertainment businesses. Five such areas were selected for analysis, as described below. The year 1970 was selected as the base period because of the availability of data for that year, and since that point in time corresponds approximately with the beginning of the proliferation of adult entertainment businesses in Los Angeles. The percentage change in the assessed "market" value *of land and improvements for commercial and residential properties was calculated for the 1970 base year and for 1976. Similar calculations covering the same time period were also I prepared for "control areas" (containing no concentration of adult entertainment businesses) but which were similar; in terms of zoning and land use, or which were located in geographical proximity to the study area nodes. Four such control areas. were j selected. 1. Study and Control Areas On the basis of field invesigations and other available data, the Department determined that there :are five different areas within the City suitable for analysis, each containing a relatively high concentration of. adult entertainment establishments. As shown in Exhibits "A" and "B" on the following pa es, three of these concentrations (or "nodes" of activity are located in Hollywood; one is in Studio City; and one is in. North Hollywood. In each case, the focal.point of the area selected for analysis was the intersection of two major streets, with the adult entertainment businesses located along the commercially zoned frontage of one or both of the streets forming the intersection. In four of the five areas selected, residentially zoned and developed properties are situated not farther than one-half block from the commercially -zoned frontage. (One node in Hollywood is entirely surrounded by commercial properties.) -22- :z �o if Iz ti1 !z �L .0 0 �Hw it �0 lu :r ` \ \ �••.: •.'�•�: it `\\\ \`\\ \\\\ ` , : � ti�,.'•::..:.:�� ■ • 4 * 1 a 1 N N 1 .z 0 ,F I t .Y z iW 0. t k6 J J < 0 0 i •< N f J LL v 10 L LP N • \\\\\\\\\ `\\\\ of eny e6unlnl • Q, _ rE Nj O m fl F. • Jew V , xello) m �•C o' �- Z W u; h F• •Z FI y� � � , e`Ja• I •x, � zO W. W. uI .3 a Z el W J. ' ,, I F -R 0, Q z Although Main Street in downtown Los Angeles contains a relatively high concentration of sex -oriented businesses (primarily theaters, arcades and bookstores), this area was not selected for analysis since no residential properties are located in proximity thereto. In addition, Main Street has traditionally contained burlesque theaters, arcades, bars and similar types of establishments, and there has been no significant change in this generalized pattern of land use during the past ten years. In the Hollywood area, the focal points of concentration are at the following three intersections: Santa Monica Boulevard and. Western Avenue (containing 12 such businesses); Hollywood Boulevard and Western Avenue (9 such businesses); and Selmna Avenue and Cahauenga Boulevard (containing 7 such businesses). In Studio City, the focal point is east of the main intersection of Tujunga Avenue and Vineland Avenue (at Eureka Drive) which contains six adult entertainment businesses; and in North Hollywood the focus of concentration is at Lankershim Boulevard and Vineland Avenue (containing 4•such businesses) In the Hollywood area, property within an approximate 1,000 -foot radius of the above named intesections was included for purposes of analysis. In Studio City it was appropriate to include those properties situated within an approximate 1,500 foot radius of the intersection of Eureka Drive; in North Hollywood, property, within an approximate 1,500 foot radius of the intersection of Lankershim Boulevard and Vineland Avenue was selected for analysis. -23- As also shown in Exhibit "A", three separate "control areas" were established in Hollywood, each originating at the intersection of two major streets and also encompassing all property within an approximate 1,000 -foot radius of the street intersection. Control areas were established at: Santa Monica Boulevard and Vermont Avenue; Hollywood Boulevard and Highland Avenue; and Hollywood Boulevard and Gower Street. In the San Fernando Valley, Exhibit "B" indicates one control area, centered at the intersection of Lankershim Boulevard and Whipple Street, and encompassing property within a radius of approximately 1,500 feet of that intesection, relates to the two nodes of concentration in Studio City and North Hollywood. None of the control areas has adult entertainment businesses within its boundaries, with the exception of the area surrounding .the intersection of Hollywood Boulevard and Gower Street which contains one such business. Table IV, indicates the percentage change in assessed land and improvement value from July 1970 to July 1976 for the commercial and residential property encompassed by the ' applicable radius surrounding each of the five nodes of concentration, together with their corresponding control l areas. For purposes of comparison, the same data is shown :J for the entire City and for the Community within which the study areas are located. Since concentrations of adult entertainment businesses could have a particular effect on the value of other business properties. in an area, a separate tabulation is also shown for only commercial) zoned land within each study and control area. (Table IV- . As indicated in Table IV, the 1970-76 percentage change in total assessed "market" variation of commercially and residentially zoned property (land plus improvements) increased in all three areas in Hollywood containing concentrations of adult entertainment businesses. However, there was some variance in the magnitude of the increase. Changes in the three study area nodes were 2.79, 8.71, and 3.41 percent; compared wi.th increases in the three corresponding control area of 12.53, 1.94, and 5.09 percent, respectively. The study area node located at Santa Monica Boulevard and Western Avenue increased by 2.79 percent, compared with a substantially greater increase of 12.53 percent in the "control area" associated with that node. Total assessed value within the study area surrounding the intersection of Selma Avenue and Cahuenga Boulevard increased -by 3.41 percent while the associated control area increased by the slightly greater amcunt of 5.09 percent. In direct contrast to this pattern, however, the Hollywood and 1 Western node registered an 8.71 percent increase, while its �- corresponding control area increased by only 1.94 percent. -24- 1 1 to I ' I I W ri 01 f•1 r -i 40 .-1 01 O N M .-i W b r Ln 0% I 'd' O O r -I I 01 1D. W -0 W O N 10 r•1 W W t a n a I 1 I I -•i a I I I 1 > b W 0► C) r4 fh ( a' .-4 N N I o an 1 o a tT r-1 r 0 �o N o� L! 0► .-� .n w E 9 W 1 I t I a o R11~ > Ln N c'1 P N m N cc c l 01 u ~' I r4 1 I 1. M cn I %o H u -0 w >~ o+ O o V ro 1 I I I C N W' v ri N t N to O co 1 ri tai Rf W U r. N w Ln M r-1 n N O OD M r4 -cd I I 1 1 �a° -P � a -r1 W 0% I I 1 I 44 ro V o 5 N Cl I 0t 0 1 r♦ ra a I I r. rq 0i > 1 to r I 1 z 1 I ►°' > rowu awi �+ -•+ V0 41 w $4 r-4 a w °9aa o a `0i E• O >, V 0% %D --f N I U w 4J • -r1 ko to Z I z I z z z l I 44o� r0% 0 0 0 041 0 -r1 ro u 1 I I 1 0 a tr 4m °o -r4 > I 9 I 0 0 0 w ai o to L)s°.1 i i I go i 4) � 404 J w a 0 0 0 ! Wtrw r40 . a) WW 1 W r+W I wW I W I 1 0 "4 I 3 i ; b 4j n o -H .-I O r u d oh r-+ a E .0 a0D v a , 41 e $4 3 a� y4H) � U f` �a >C N RI r4 O 00 .O•l o 41 O nO O 41 in b+•�l g U O44 W :p v► a 41 .90 O NI U +i 14 �r Y . 41 CL 41a, a a a Cl go Q W r -1r. 0 .� rr f pTQW � 3 a z�� z z z z p go �. w �> w41 a m w +. a N H N in o H • • • • d 64 N Ch CD in LL %D %D N m I. Ow 410 00 o O 4j n o -H .-I O r u d oh r-+ a .0 4) m a a , 41 $4 3 Rf 1 y4H) � U �a >C N RI r4 O 00 O O 41 U O44 W :p a► > O 4'1 �r Y . 1-+ 41a, a a a s W r -1r. 0 .� rr f pTQW a z�� z z z z p �. w N444 w41 a m w +. H 0m I. Ow 410 00 o O 41 o -H .-I u r-+ a .0 4) m a a , 41 $4 3 Rf 1 y4H) � U �a >C N RI r4 O 00 040 e ago 41 :p a► •,0,1 .• �r Y . 0 O°1 rq W r -1r. 0 .� rr f pTQW • �0N > ro p �. N444 w41 m w +. 0m NU z u a ••+ M ,a y o� a� (pp► v - a 44 3 O 43 a) a° d row �0o OUB " m u H Ob Id W >1 a"-4g "4 bora ato1to to G aU O d N ri co b tO la a U V $4 (1)w 0 U � _` waId Ow OHH a OQ .r°i a H +►oo ed "-1 $4 o41V ri ro a IS $4 0 > 1U V. ami •v a U° �d Ida fTON 9U�4 ubro ° u° b O r4 o fA b v' to c I LM rn o 0 O w m Hto +to I r- I 1 co I rl O V I 1 Ln �r4 9$4 a I c t� rLn -W I x H b 10 41 as O > co qr W 44 Id fu 0 L) w � 4U Dai° N r•I to r-4 b � � •-4 N r-1 00 00 41 ed a > Id r -I b r'I I I U C q' Ln 14 Id i 0 O a O N a I N r I I N W; I 43 n a n Q1 ri N O -rI O ri 4J > N h a� 4J a W= o w W r� °+Ch % a Z= ON z ow +� o en l s~ 43 c I LM rn o CD m o 4 +to Id I I I I 1 Ln Id 9$4 a I c 1 1 -W I x H b 10 41 in I at W 44 Id fu 0 � 4U Dai° r•I to r-4 b I •-4 C 00 00 4J 3 Id r -I b r'I I I I 00 i I Ln >4 o ox Vwm z N r I I N W; I r♦ c4 N I 0, O I � o� �> r a -I rn �> t!i 4 Ui 4 I en l 1 n c I LM rn o r m I I I I 1 Ln I I c 1 1 -W I r- n n Ln in I at ,i .-I I •-4 I 1 i I 1 I I i I I I I i I Ln o i o+ o er N I N r I I N W; I r♦ c4 N I 0, O I 1 1 N 1 i I N .-I �-I �-I I I i r•I I 1 I I ' 0% I O t� O H I I I I I N i I I 1 1 I I o i 1 i i 1 I I N I .-I l N z z z z 1 i I i I I I I I I I b I I a+ay I 3 a I •r I N > 1 3 x •-1 I as ri a I I go 1 at Ri $4 I a b> I41 .- a 9d 0 i a a 4J a� r. 4J >, u, a I ro ro I 0o l o .C. o -1i r -4I>- too I w b U I w o b u a 0) I U $4 1 w .-. $4 U O $4 a fr a 4d r•I I 0 >0 I >0 I 0> I wo -A )0 I 9r+ � I �O �O �o d ox :05 1 a I o a I a +j I o •-+ o rI 4) x o ••4 b a x co +, 1 w0 ca0 l °qo °o l >v i 9: w Eo I 0— 0— 1 >w 0- S, o I Q$4 0z I I o0 0o I a> o,, V I a+> >d I I I 0) � o, o •rI I d sv 9 I a r•1 a r♦ a •-I r•I O x U ra x G i •-+ a� r+ a� I •-•I O •-+ $+ I •� O a a� I wo a4 I xa x°� I CAA xai I H$ t V 41 1 0 r♦ t0 N r♦ en 44) rl O N 0% I 0 N Ln C4 Et N N 41 r1 34 � O b e 2 1 $4 113 now 0a0+�mr I 41 b > . H O 1 M"I b 0 -rf rl -rI O 43 0 !~ 94 47 tom(. Ln r•1 %D N 4) Ch en O U1 t!1 W tO r- `°mer 0 4) 1 0U U t` 4.) C% I C-4 V R�7 t -P .roC O O 9904)41 -.IX ?. -rl O b a O W C1 U -rI H z z z z Z cv •r' =41.11$40 Id H � to U W Id 3U a 1 "4 la -ri i 41 to , . to I 4J9 w I 03r-Im%oaa, W 1 $4 0 'C -Arl 0r4 4) V1 U G co Ln a°'1 N CA n N 14 -b 4 0 0 0 m m b CO 0 ld N 1 41 a N O N N a oo M rl 4j r- 41 1 O -rt r- r�i 44) ad 1 h � I I b R 0 WW td V I 41 -H t7+ W e O 34 � O b e 2 1 $4 113 now 0a0+�mr I 41 b > . H O 1 M"I b 0 -rf rl C 0 !~ 94 47 W= N� O U ri o 44 id H � a� W tO r- `°mer 0 4) 1 0U U O 4.) C% I C-4 V R�7 t -P I 9904)41 -.IX ?. -rl O b a O W C1 °U)°� z z z z Z cv •r' =41.11$40 4Jo o Q o O 41 1 O -rt r- r�i . W ad 1 h � •I �Or1 I b R 0 WW td V I 41 -H t7+ W e O 34 � O b e 2 1 d1 • $4 $4 R O toIV now 0a0+�mr I b > . H O 1 M"I b 0 -rf rl 0 0 !~ 94 47 a 0 N� O U ri 1 44 id H � a� 0 r•I tr a $4 a 0U U O Q� I C-4 V R�7 t -P I 9904)41 -.IX ?. -rl O b a O W C1 14 N 0 YI q W44 b >~ 0 1 V-4 -C 4J0 C cv •r' =41.11$40 3 4.t 4 � to U W 1 3U a 1 0%0 0 • m la -ri i 41 to , . to I N to w I 03r-Im%oaa, W 1 $4 0 'C -Arl 0r4 4) V1 a c a°'1 x a°fi tin z° v 14 -b 4 0 0 0 m m b CO 0 ld N 1 b 41 0 0-- •to aro 1 HW a rl to a to i 1 1 aJ 1 r�i ��fr• 1 h � •I �Or1 I b R 0 WW td 4) N V rl •• I -H t7+ W e O 1 4 $4 Q= 41R b e 2 1 d1 • $4 $4 R O toIV now 0a0+�mr I 3m�0a I . 1 M"I b 0 -rf rl 4) i 94 41 1 b k0 Cid 1 44 id H � 1 0 r•I tr a $4 a i A4lD�$4A W I C-4 V R�7 t -P I 9904)41 -.IX -rl O b a O W 1 14 N 0 YI q W44 b >~ 0 1 V-4 -C t7l10 m -A a 1 =41.11$40 t) b to 1 3U a 1 0%0 0 • m la -ri i 41 to , . to I I~to0lbc, •b I 03r-Im%oaa, W 1 $4 0 'C -Arl 0r4 4) V1 7 0V ObW Qb I H •rI Q M 1d = m 4 0 0 0 m m b CO 0 ld N 1 0 0-- •to aro 1 HW M0 1443Q C i O • � r♦ I A 4.0 •rI -rI b a-'41-rIi-i 3 E 1 43 X �VV044R7 Wb4J�m 1 1 •'0t! 9 W10Va :5 ul 1 to0 m Qa m to • U 1 41 4J Oe m = a z ami a q W �' ••-+ td�w4100?4 1 0� 1~ $4 V 1 o I 0 V 0 40) I� 0'o(dv-rlizrO1la I t0n The percentage increase in assessed values within the three study areas, as well as the cont -01 -reas, was considerably less in each case than percentage gains registered by the Hollywood Community or the City as a whole. In the case of the study area nodes located in the San Fernando Valley, the pattern appears to be somewhat more spurious. The study area node containing adult entertainment businesses located in Studio City (centered east of the intersection of Tujunga Avenue and Ventura Boulevard) increased by 64.93 percent ----the largest increase of any of the areas analyzed. In direct contrast, the "adult entertainment node" located at Lankershim Boulevard and Vineland Avenue increased by only 12.6' percent. The one "control area" associated with these two San Fernando Valley nodes increased by 42.76 percent -- a substantially greater gain than the North Hollywood node but 22 percent 'ess than the Studio City node. (W`cther the sharp percentage increase shown for the Studio City node was the direct result of a recent reassessment cannot be readily determined.) The increase in assessed value within the Studio City study area was virtually the same as that of the entire Sherman Oaks -Studio City Community but almost twice the percentage gain for commercial and residential properties in the entire City. The North Hollywood study area increased by a considerably lower percentage than the North Hollywood Community and the City as a whole. With regard to commercial properties considered separately, Table IV -•A reveals that the percentage change in assessed values of land and improvements combined was generally lower in ail study areas than in their corresponding control areas. One notable exception. however, is the Santa Monica Boulevard and Western Avenue node which increased by 3.4 percent_ while its corresponding control area (Santa Monica and Vermont) decreased by 6.38 percent. In Hollywood the change in assessed values of all study and control areas was less than in the entire Hollywood Community. In the San Fernando Valley the two study areas both increased loss than the entire communities within which they are situated. 2. Conclusion •- Changes in Assessed Valuation On the basis of the foregoing. there would seem to be some basis to conclude that the assessed valuation of property within the study areas containing concentrations of adult entertainment businesses haveencra lly tended to increase to lesser degree than similar areas without such concentrations. However; in the staff's opinion there would appear to be insufficient evidence to support the contention that concentrations of sex -oriented businesses h;vc bean the primary cause of these patterns of change in -25- assessed valuations between 1970 and 1976. However, responses to the Department's mail questionnaires from real estate representatives and appraisers have indicated that in their opinion, concentrations of adult entertainment businesses have, in some cases, had a direct negative impact on property values. I l -26- B. PUBLIC MEETINGS Two public meetings were conducted by representatives of the City Planning Commission in order to receive citizen input regarding the effects, if any; of concentrations of :'adult entertainment" establishments on nearby properties and surrounding. neighborhoods. Notice of the hearings was published I in local newspapers: aired on radio; mailed to owners of commercial and multiple residential property within 500 ft. radius of the study areas and also to persons who had previously responded to the Department's questionnaire. The first meeting.was held in Hollywood on April 27, 1977 at Le Conte Junior High School. The second meeting was conducted in Northridge on April 28, 1977 at Northridge Junior High School. Both meetings were conducted by Planning Commission President Suzette Neiman and Planning Commissioner Daniel Garcia, with Deputy City Attorney Chris Funk also in attendance. Questionnaires were available at the meetings for the convenience of those wishing to submit their comments in writing. 1 Attendance was approximately 200 persons at the Hollywood meeting and 300 persons at the Northridge meeting. A combined j total of 60 persons addressed the Commission. The followin is J a summary of the comments received by the Commission. (Tape recordings of the hearings are available for review under City Plan Case Number 26475; in the Planning Commission Office, Room 561-•K, Los Angeles, City Hall; telephone (21.3) 485-5071.) The most prevalent type of comment at the Hollywood meeting was an expression of fear of walking in areas where "adult entertainment" and related business are concentrated. This concern was expressed both by parent's, reluctant to allow their children to be exposed to offensive signs and wares, and by women and elderly persons who feared walking in the areas either in the day or evening; because of the incidence of crime in the area. Specific instances of solicitation and other crimes were recited. Some proprietors testified that they felt thein businesses have suffered, due to fear on the part of their customers. Other common statements concerned: Physical or economic deterioration of the area resulting from the influx of adult businesses. An increase in street crime. Offensive signs and displays. I- A need to use existing enforcement, tools:_ such as "red light abatement" to control "adult entertainment" businesses. -27- - Representatives of La Cienega art gallery proprietors expressed concern over the recent establishment of an adult theater in the area and its incompatibility with gallery use. A representative of the "Pussycat Theaters" organization informed the Commission that a survey taken by the theater operators indicated that th.e majority of patrons were middle class, that most were registered voters, -and that many were married and had college educations. It was stated that a large number of the patrons were found to reside within a few miles of their theaters. The representative of this theater chain expressed concern at. the "lumping" of all adult entertainment businesses into one classification. He felt that in terms of aesthetics, clientele, and effect upon the neighborhood, the theaters were not in the same classification as some other types of adult businesses. (The Commission requested the written documentation of the survey; however, it has not been received to date.) Several speakers at the Northridge meeting expressed concern that the City even felt i.t needed to request their opinion on such a subject. They felt that their displeasure over the distribution and display of pornographic materials should be obvious. Citizens also indicated how they had been responsible for the closing of certain establishments in the San Fernando Valley by picketing and other means. Some speakers indicated that they were disturbed by the availability and display of obscene material in drug stores and supermarkets. The following is a summary listing of specific relevant comments from the two -meetings: Hollywood Meeting (April 27, 1977) - It was alleged that organized crime is in the sex service business and that this is a $64 million local business. - Hollywood and particularly Hollywood Boulevard was once a cultural center; now there is a different class of people. This is a degeneration of Hollywood and Hollywood Boulevard. - In Hollywood, due to fear for safety, people walk around in groups, not alone or as couples. - Zoning is not the ultimate response to obscenity: there are public nuisance laws, red light abatement statutes, etc. - There was concern about the effects on children; parents in Hollywood indicated that they did not allow their children to walk unescorted: there are too many muggings and attacks. U - There are problems brought on by the changing population of the area: street fights, acts of mischief and minor property damages have resulted. -28- .l Severa3 persons indicated that they had not walked in the area for years due to muggings, solicitations, etc. The City should make greater use of the Red Light Abatement Law. A homeowners' association representative talked cf being accosted by a gi.r an Fia;.lywood Boulevard; that crime was a "fall -cut" of -iOult entertainment; and that this was a meccp. for crimes. such es burglary, muggings, thefts, and the like. -- Some persons Were personally offended, and stated that the sex businesses hcvE. affactec' residents economically and aCsthet? call y. Art D.alers (fine art dealers; antique businesses operators; proprietors of legitimate book stores) on La Cienega Boulevard were concerned over the proliferation of adult entertainment businesses; there are vacant stores in this area that they fear may go into use for adult entertainment business. They are concerned that La Cierega wi1.s no longer be a cultural center. Representatives of the Screen Actor's Guild and Actor's Equity indicated they had demonstrated against an adult bookstore and appeal_ee tc the entertainment industry to help with this pr.ob1 cm, -- A representative of the Hollywood Chamber of Commerce indicated there had been %+0 or 70 surveys of the area, but lack of City support. He said the City should modify its C4 Zone regulation: and eliminate movie: a.rccees. A Studio City real.tor indicates hr. had sent 11,000 replicas of the Punning Department's questionnaires (under his letterhead) to residents of Studio City. He indicated there were 6 ad.u?t motels near Universal Studios and that more were coming. A former non.-aeul.t material bookstore owner in Hollywood (past tenant of location picketec. on April. 26, 1977) indicated that when his building was sold, his rent doubled; that other tenants got three day neti.ces (to move out), that everybody was getting out --he claimed something was gaing on in that block. He a'.so indicated that radio station KFWB had mevee from the area. - It was indicated were afraid. It building went out that KMB moved because women employees was also stated that a restaurant in that of business. -29- A local minister indicated concern for the elderly, and that children from 4 to 7 years old cannot ride their bikes without being accosted; he also indicated there had been 23 f arrests for prostitution near a local elementary school; he further stated that residents have to go to other areas to shop. A representative of a local synagogue stated that the elderly were afraid to walk to religious services and that car pooling had been established. A representative of the Hollywood Businessmen's Association advised that 50 percent of the sex crimes reported (in the City) were in the Hollywood area; that since the Police have .closed some sex establishments crime has dropped; that adult entertainment businestes have contributed to a deteriorating condition in Hollywood;- that there is a 100 .percent -turnover in'school attendance; that the. business license ordinance should be modified to require an environmental impact rep,art and proper sign. controls for new establishments and that notice should be given to persons within one4valf mile; he also reiterated that traditional businesses -were leaving the area. It was indicated that property values had gone down; Vine and Selma was valued at $12.50 per sq. ft. years ago, but recently it was worth only -.$8.50 per sq. ft. Northridge Meeting (April 28, 1977) - A representative of the North Hollywood Chamber of Commerce indicated that adult. e-ntertainment businesses were an economic and social blight; that the Police Commission was no help; that they had proposed the M3 Zone for these uses; that we need more police and should make greater use of red light abatement; that the Alcoholic Beverage Control Department should do more.- - Claims were made that the Pussycat Theater in North Hollywood was a dangerous environment to women and children; that in the recent past 2 teenage girls had been accosted and a woman had been attacked and had to jump from a car. - A beauty shop owner near a Pussycat Theater indicated she no longer stayed open in the evening because her customers were afraid. - Adult entertainment businesses should be required to rent space in "Class A" buildings.. - Various persons objected to newsracks, obscene material, J problems of congestion and ingress and egress. =30- - The Miller vs. California court case was discussed: it was contended that this case established that "a community can set its own standards". 1 - Questions were posed as to whether economic and financial impact should be facts needed to develop an ordinance to control adult entertainment. Claims were made that adult entertainment business bring crimes and violence to the area. A speaker stated that both the Boston and the Detroit ordinances are unacceptable. "You cannot control pornography by zoning", and opposition to the zoning approach to obscenity was expressed. "California is the pornographic capital of the world." People are offended by pornographic material in department stores, drug stores, supermarkets, etc. The recent Los Angeles County newsrack ordinance was discussed. One person posed the question "why don't we have an Environmental Impact Report for pornographic businesses?" - Church representatives and a teacher at the Christian School were concerned about their members and children being exposed to pornographic advertising displayed at the Lankershim. Theater and Pussycat Theater. They are afraid to let their children out on the streets. It was stated that "we should use civil, public nuisance a.nd red light abatement to control adult entertainment businesses." Conclusion In summary, the overwhelming majority of speakers felt that the concentration of "adult entertainment" businesses in their neighborhood was detrimental, either physically by creating blight or economically by decreasing patronage of traditional businesses; or socially by attracting crime. As a result of increased crime, nearby residents have become fearful and have been forced to constrain their customary living habits in the community. Although. the testimony obtained at the public hearings would from a subjective point of view, substantiate the conclusion that "adult entertainment" businesses have a deleterious effect on the surrounding community, --the staff is of the opinion that. legitimate questions may have been posed by the Pussycat I Theater representative regarding a single classification for all "adult entertainment" uses. Therewould appear to be some basis- to support the contention that certain types of such uses are more "objectionable" than others, and that negative effects of a particular type of business might be minimized, depending, on how the busines.s is operated and advertised. -31- C. SURVEY QUESTIONNAIRE CONDUCTED BY DEPARTMENT OF CITY PLANNING 1. Description of Survey In order to determine additional factual data relating to the subject. and to seek the comments and opinions of property owners, businessmen, realtors, real estate boards, real estate appraisers, representatives of banks, Chambers of. Commerce, and others,'the Department. conducted a mail survey. Two questionnaires were developed. One was designed primarily for businessmen and residential property owners and is hereinafter referred to as the General Questionnaire. The second was designed for realtors, real estate appraisers and lenders and is hereinafter referred to as the Appraiser Questionnaire. A copy of the two questionnaires is contained in the Appendix. The completed questionnaires, together with other letters relative to this subject, are on file in Room 510, Los Angeles City Hall. The General Questionnaire was mailed to all property owners (of other than property in single -•family use) within a 500 -foot radius of each of the five study areas. The questionnaire was also distributed to various community groups (including local and area Chambers of Commerce) and at the public meeting in Hollywood and in Northridge. The Appraiser Questionnaire was mailed to all members of the American Institute of Real Estate Appraisers having a Los Angeles City -address and to members of the California Association of Realtors whose office is located in the vicinity of the study areas. Each of the two questionnaires contained spaces for a respondent to check answers to a series of questions relating to the overall effect (if any) of adult entertainment establishments on nearby properties. It should be emphasized that the Department intentionally structured the "objective response" portion of the questionnaires so as to reduce "bias" and to solicit the maximum range of responses to any specific question. For example, a respondent could check "positive", "negative" or "no effect" in response to the question... "What overall effect do you feel that adult entertainment establish- ments have on a nei-ghborhood?" In addition to the direct response portion of the questionnaire,' information of a more subjective nature was also solicited. For example, after each question, space was provided for a respondent to' list any comments or examples which might pertain to a specific question. The beginning of each questionnaire also invited the respondent to write comments in the space provided or on a separate sheet. -32 - Between February 10 and April 30, 1977, a total of approxi- mately 4,000 questionnaires were mailed (with return envelopes provided) or otherwise distributed to businessmen, real estate appraisers. realters: representatives of banks and savings and loan institutions, the owners of multiple -unit residential property, and others. Of this number, 694 questionnaires were completed and returned to the Department (an overall 17.4 percent rate of return) . In addition, the Department received ?97 non -solicited, completed questionnaires from property owners in Studio City. These questionnaires were distributed in a private mailing by a private individual. The subject mailing included a replica . of the Department's appraiser questionnaire, together with written material alleging City intent to create an adult entertainment zone in Studio City (copy included as Appendix D-2). According to the subject individual's testimony at the public hearing on April 27, '.917, '._1.000 replica questionnaires were mailed. Due to the prejudicial nature of the mailing; these questionnaires are not included in the study. However; the staff did tabulate the subject responses and the tabulation and summary are included in Appendix D--3. All persons responding to the above mailing were sent a memo from the Department_ correcting the misinformation (copy included in Appendix D-1). 2. Results of Survey Questionnaires A tabulation of the responses to the -specific questions solicited in the objective portion in each of the two types of questionnaries is presented below. A summary of the comments follows: GENERAL QUESTIONNAIRE - RESPONSES - Total no. of responses = 581 = 16% return Total no. of questionnaires 360 IQuestion �. What overall effect do you feel ` that adult entertainment establishments I have had on a neighborhood: Positive Effect on the business condition (sales & profits) in the area: 43(1.4%) Fffort nn hnmoc f..nl.... v. ....,.. _.. Negative 492(84.7%) Nn affPrt 36(6.2%) —33— 3. (Not applicable for tally.) 4. Have you seriously considered moving your business elsewhere because of.nearby concentrations of adult entertainment businesses? 167 (28.7%) Yes 165 (28.4%) No 5. Would you consider expanding in your current location? 83 (14.3%) Yes 177 (30.5%) No -34- �fR?^!`i"f?*�,. rim ".r.c<•r n^�..wo-�do-NtiK3+6ri'tw4:n...r:. •.��•rs*•:s... .., ..�,_.... ,, .,.,, .. .- Positive Negative No effect Effect on homes (value & 35(6.0%) 446(76.8%) 19(3.3%) appearance) in the area located 500 feet or more from adult entertainment businesses? 2. Do you believe the 26•(4.5%) no effect 305 (52.5%) decreased establishment of adult- property values entertainment facili- 206 (35.5%)lower rents ties in the vicinity of your business has 275 (47.3%)v.acant 13 (2.2%) increased had any of the businesses property values following effects? (Please check all 288 (49.6%) tenants 16 (2.8%) lower those effects which moving out. taxes you feel have occurred.) 224 (38.6%) comp.laints• 98 (16.9%) higher from customers taxes 3 ( - ) less crime 489 (84.2%). decreased business activity 370 (63.7%) more crime 1 ( - ) improved 8 (1.4%) increased neighborhood business appearance 416 (71.6%)deteriorate.d 312 (53.7%) more neighborhood litter appearance 8 (1.4%),.other.(please specify) 3. (Not applicable for tally.) 4. Have you seriously considered moving your business elsewhere because of.nearby concentrations of adult entertainment businesses? 167 (28.7%) Yes 165 (28.4%) No 5. Would you consider expanding in your current location? 83 (14.3%) Yes 177 (30.5%) No -34- �fR?^!`i"f?*�,. rim ".r.c<•r n^�..wo-�do-NtiK3+6ri'tw4:n...r:. •.��•rs*•:s... .., ..�,_.... ,, .,.,, .. .- I/ 6. What types of adult 410 (70.6%) adult 179 (30.8%) nude or l entertainment bookstores topless dancing establishments are there in your area 310 (53.4%) massage 389 (67.0%) adul.t (Please check parlors theatres appropriate boxes.) 190 (32.7%) peep shows 240'(41.3%) adult motels 237 (40.8%) bars with X-rated entertainment 3 other sex shops How far from your business is the nearest adult entertainment establishment? (Not tabulated due to limited response.) J - 35 - Responses to the foregoing questions reveal that adult entertainment businesses are perceived by the majority of respondents as exerting a negative impact on surrounding businesses and residential properties. Whether or not such negative impacts have actually occurred, or only perceived to have occurred, cannot be readily determined, empirically, on the basis of this survey. However, in terms of the attitudes of the respondents toward such businesses, the conclusion must be drawn that the overall effect on surrounding properties is considered to be negative. Among the adverse effects of adult entertainment establishments cited by businessmen are: - Difficulty in renting office space - Difficulty in keeping desirable tenants - Difficulty in recruiting employees Limits hours of operation (evening hours) - Deters patronage from women and families; general reduced patronage Of those businessmen indicating that they have not seriously considered moving because of nearby concentrations of adult entertainment business, the most frequent response was that they had been in the area a great many years, and to establish elsewhere would be too risky and/or that their investment was too great to move. A few respondents indicated that it is the adult entertainment businesses that should move, not they. The few businessmen commenting _that they would not consider expanding in their current location indicated that their business did not warrant expansion. Several businessmen indicated that their businesses are relatively unaffected by nearly adult entertainment establishments. Among the businesses cited are a commercial art studio; a building trades contractor; a mail order business; a telephone answering service and a wholesaler. Among the few positive effects cited by businessmen is the increase in business for certain non -adult entertainment businesses such as tourist -serving businesses (e.g. car rental agencies). "The bad effect it might have is cancelled out by the business it does attract; x -rated theaters attract tourists." Many respondents commented on the crimes associated with adult entertainment establishments: prostitution, dope, theft, robbery, etc. A high percentage of respondents report they do not feel safe in such areas. A high percentage of respondents commented on their concern for the effects of adult entertainment environment on the morals and safety of children. iA high percentage of respondents commented on the aesthetics of adult entertainment establishments: garish, sleazy; shabby, blighted, tasteless, etc. Also, many commented on the increased incidence of litter and graffiti. -37 APPRAISER QUESTIONNAIRE - RESPONSES - Total no. of responses 81 20% return Total no. of questionnaires - Question Response 1. What effect does the concentration increase in value -1 of adult entertainment establishments have on the market value of business decrease in value 71 (87.7%) property (land, structures, -fixtures, etc.) located in the vicinity of such no effect 5 (6.2%) establishments? 2. What effect does the.concentration increase in value 1 (2.5%) of adult entertainment establishments have on the rental value of business decrease in value 55 (67.9%) property located in the vicinity of such establishments? no effect 4 (4.9%) 3. What effect does the concentration of increase in rentability/ adult entertainment establishments saleability 3 (3.7%) have on the rentability/saleability their businesses because of the nearby no 4 of business property located in the decrease in rentability/ ( vicinity (length of time required to saleability 48 (59.3%) lr rent or sell property; rate of lessee/ I not known 28 (34.6%) buyer turnover; conditions of sale or no effect 3 (3.7%) lease, etc.)? 4. What effect does the concentration of increased income 2 (2.5%) Adult entertainment establishments have on the annual income of businesses decreased income 59 (72.8%) located in the vicinity of such establishments? no effect 7 (8.6%) 5. Have any business owners or proprietors yes 23 (28.4%) considered relocating or not expanding their businesses because of the nearby no 4 (4.9%) concentration of adult entertainment establishments? I not known 28 (34.6%) 6. In recent years, has the commercial yes 45 (55.6%) vitality (sales, profits, etc.) of any area in the City of Los Angeles been no 29 (35.8%) affected in any way by the nearby concentration of adult entertainment not known - establishments? -38- N 7. What effect does the concentr?tion of adult entertainment establishments have on the market value of private residences located within the following distances from such establishments? Increase Decrease No effect Total Less than 500 feet 2 (3.8%) 48 (90.6%) 3 (5.7%) 53 500 - 1000 feet 2 (3.6%) 51 (91.1%) 3 (5.4%) 56 More than 1000 feet 1 (3%) 29 (87.5%) 3 (9.1%) 33 8. What effect does the concentration of.adult entertainment establishments have on the rental value of residential income property located within the following distances from such establishments? Increase Decrease No effect Total Less than 500 feet 2 (3.4%) 51 (87.9%) 5 (8.6%) 58 500 - 1000 feet 1 (2.6%) 33 (86.8%) 4 (10.5%) 38 More than 1000 feet 1 (2.8%) 27 (75%) 8 (22.2%) 36 9. What effect does the concentration of adult entertainment establishments have on the rentability/saleability of residential property located within the following distances from such establish- ments? Increase Decrease No effect Total Less than 500 feet 1 (2.5%) 37 (92.5%) 2 (5%) 40 500 - 1000 feet 1 (2.6%) 35 (89.7%) 3 (7.7%) 39 More than 3000 feet 1 (2.8%) 28 (77.8%) 7 (19.1%) 36 10. In regard to the questions setforth above, please describe the effects which you believe the concentration of adult entertainment business has on each of the following: Property values of surrounding: Decrease Unknown No effect Increase Commercial property 45 (56.8%) 32 (39.5%) 1 2 (2.5%) Residential property 42 (51.9%) 38 (46.9%) - 1 General 16 (19.8%) 65 (80.2%) - - -39- Rental values of surrounding: Decrease No response No effect Increase Commercial property 39 (48.1%) 42 (51.9%) - Residential property 37 (45.7%) 44 (54.3%) - - General 12 (14.8%) 69 (85.2%). - - Vacancies Number 1 56 (69.1%), 1 23 (28.4%) Length ?. 72 (88.9%) 2 (2.5%) 6 (7.4%) Rate of tenant turnover - 49 (60.5%) 1 31 (38.3%)- 38.3%)Annual Annualbusiness income 24(29.6%) 53 (65.4%) 2 (2.5%) 2 (2.5%) Complaints from customers and residents due to concentration Yes 24(29.5%) 57 (70.4%) Neighborhood appearance 24(29.6%) 3 (3.1%) Crime 1 1 - 48 (59.3%) Litter - t 1 44 (54.3%) Other (please specify) -40- r, c Several respondents commented that the adverse effects are related to the degree of concentration -and that one free-standing business, may have no effect; also, that the effect is related to the type of adult entertainment business (unspecified). A few respondents indicated that the property value and dollar business volume for any given property would increase for businesses compatible with adult entertainment businesses, e.g. other adult entertainment businesses, bars, etc. A very high percentage of appraisers and realtors. commented on the adverse effects of the subject businesses on neighborhood appearance, litter and graffiti. —41— GENERAL QUESTIONNAIRE - REALTOR RESPONSES - Total no. of responses = 32 NOTE: Due to distribution, certain realtors received the General Questionnaire rather than*the Appraiser Questionnaire. For analysis purposes, the subject responses were tabulated separately and analyzed together with the' responses to the Appraiser Questionnaire. Question 1. What overall effect do you feel that adult entertainment establishments have had on a neighborhood: Positive Negative No effect Effect on the business condi.tien 31 (97%) 1 (sales & profits) in the area: Effect on homes (value & appearance) - 31 (97%) 1 in the area immediately adjacent to adult entertainment businesses: Effect on homes (value & appearance) - 29 (91%) 2 in the area located 500 feet or more from adult entertainment businesses:, 2. Do you believe the 1 (31.3%) no effect 29 (91%) decreased establishment of adult property entertainment facilities 23 (71.9%) lower rents values in the vicinity of your business has had any 25 (70%) vacant 0 increased of the businesses property values following effects? (Please check all 25 (70%) tenants 3 (9.4%) lower taxes those effects which moving out you feel have occurred.) 25 (70%) complaints 7 (21.9%)higher taxes from customers 0 less crime 23 (91%) decreased business activity 26 (81.3%)more crime 0 increased business —42— 12 (37.5%) bars with X-rate.d ` entertainment How far from your business is the nearest adult entertainment (Not tabulated due to limited establishment? response.) � 43 30 (94%) deteriorated 27 (84%) more litter neighborhood appearance Other (please specify) 3. (Not applicable for tally.) 4. Have you seriously considered moving your business elsewhere because of nearby concentrations of adult entertainment businesses? 10 (31.3%) Yes 15 (46.9%) No 5. Would you consider expanding in your current location? 10 (31:3%) Yes 12 (37.5%) No 6. What types of adult 27 (84.4%) adult 13 (40.6%) nude or entertainment estab- bookstores topless dancing lishments are there in your area? 17 (53.1%) massage 24 (75%) adult (Please check parlors theatres appropriate boxes.) 15 (46.9%) peep shows 15 (46.9%) adult motels 12 (37.5%) bars with X-rate.d ` entertainment How far from your business is the nearest adult entertainment (Not tabulated due to limited establishment? response.) � 43 0. U.S. CENSUS AND RELATED DATA 1. Cluster Analysis "Used by Community Analysis Bureau to Describe Various Parts of the City" The last U.S. Decennial Census was conducted on April 1, 1970. With the proliferation of adult entertainment business it would seem appropriate to include as background information a description of the socio-economic and physical characteristics of the areas. under study, as revealed by census data. Such a description may provide insight as to the underlying factors contributing to the concentration of sex -oriented business in the areas under study. An excellent available source'prorvi.,ding such a description is a 1974 report prepared by the City's Community Analysis Bureau (CAB) concerning the "State of the City".* In this document, the CAB has utilized a statistical technique known as "cluster analysis" to identify specific areas within the City which .hay -e common characteristics, as revealed by census data.- In conducting this study, the CAB made use of 66 census data items'(or variables) which were selected from the entire spectrum of socio-economic and physically descriptive data -items available for all census tracts in the City. The U.S. Census 'Bureau :reports data on numerous geographical levels, the "census tract" being the smallest geographical area for which.data is maintained and reported on a regular.,basis. There are 750 such census tract areas in the City, each containing' a population of slightly fewer than 4,000 persons, on the average. The five study area nodes and four control - areas under study herein are contained within portions -of 25 census tracts. The particular variables" which most accurately describe a particular census tract were used by the Community Analysis Bureau in such a manner as to combine those areas which have the most similar characteristics. As a result of this procedure, thirty cluster groups were established throughout the City, each such cluster consisting of one or more census tracts, each census tract within a particular cluster being more similar to other parts of that cluster than to any other geographical section of the City. *The State of the Cit - A Cluster Analysis of Los Angeles - City of Los Kngeles Community Analysis Bureau, June 1974. -44- . 4 f Description of -Hollywood Area I The three study areas in Hollywood containing concentrations of adult entertainment businesses are included within portions of 11 census tracts. Their three associated "control areas" are partially contained within nine census tracts. These 20 tracts are all included within "a- larger area identified in the CAB's report as "Cluster.15", entitled "The Apartment Dwellers", consisting 1 of 34 tracts. A .description of this area, as quoted from the previously cited CAB report, is set ,forth below. The fact that this description is based on data which is now seven years old may not be disadvantageous, for the purposes of this study, inasmuch as adult entertainment businesses began to flourish in the 1969-70 period. " Cluster 1.5 is a lower income, predominately old apprt-ment area located west rf the Civic Center..." "The cluster represents a total population of 174,000, 46% male and 54% female. The median age is 40. The area is mostly White, but does have �..n above average ethnic mix --19% Spanish-American, 3% Japanese, 2% Chinese, 3% Black. It is a cluster of workers and senior citizens. One in five residents is over 65. Female participation in the labor force is the highest of the 30 clusters. The population under 18 is small. Many of the families are headed by women..." "...Close to seven out of ten labor active residents are white collar employed. Most completed high school and 15% completed college.. At $8,700, median family income i$ below the average for the City. This lower income does not translate into an abnormally high poverty distribution.-• One in ten families and a smaller proportion of unrelated individuals are welfare recipients..." "...Residents rf the cluster -are centrally located to both the Downtown and its commercial -financial strip extension, Wilshire Boulevard. Many public transit routes service the area. Close to 40% of the households have no automobile. The presence of two or more cars is not common. Of .the older apartment complexes many have no garage facilities..." _�t_ ..Old apartments comprise 42% of the multiple / units. One of the heaviest concentrations occurs east of. Western Avenue and north of Olympic Boulevard. These are high density, closely packed, rectangular shaped, stucco units which line the streets approaching Wilshire Boulevard. South of . Olympic Boulevard, the pattern remains one of multiple family units, but these are generally interspersed with homes or are the end product of converted two and three i story frame houses. Hollywood is similar, but is has several single family residential areas and apartment encroachment appears to have more of'an impact..." "...Most of the cluster's ?.02,700 dwellings are renter occupied, including a majority of the homes. Median rent averages $108, but 17% of the multiple dwellings are available for less then.$80... " ..Single family residences are a small proportion of I the total housing stock and like the area's � apartments, many predate World War II. Few of the essentially single family residential neighborhoods have the kind of z.ening protection which requires that new construction be single units. Replacement housing has tended to be large apartments. Homes averaged $26,000 in median value, which is more.a factor of the land than the improvements. Much of the land west of j Western Avenue adjoins the more expensive Hancock Park area..." " ..Cluster 15 has one of the highest population densities in the City, 19„080 persons per square mile; not exceptional for an apartment area. It also has the highest cluster average of elementary school transiency rates --46% for incoming students and 34% for students leaving. This mobility of the residents did not seem to affect the median sixth grade reading score. It was above the City average. The cluster has 8 park sites within its boundary and is also served by the more regional recreation areas of Echo Park, MacArthur Park and Griffith Park all of which are within access...” "...Th`e incidence of burglary per 100 improved parcels is high, a partial reflection of the large number of dwelling units per land parcel. One of the more disturbing aspects of the cluster is the suicide rate. Outside of Downtown, only three of the clusters had higher rates..." 2. Use of 1970 Census Data to Describe Studio City and North Hollywood Areas There are four census tracts which comprise the Studio City study area; two such tracts in Forth Hollywood; and three census tracts representing the "control area" for the San Fernando Valley. (One of the "control area" tracts also forms part of the Studio City study area.) The. CAB's cluster analysis reveals that these eight different census tracts are all quite dissimilar, inasmuch as the seven tracts are contained within six different "clusters". A detailed description of each of these six j clusters would not be practical for purposes of this I study. However, a summary of certain key variables attributable to the two study areas in Studio City and North Hollywood, and the one corresponding control area might be instructive, and is therefore presented in Table V following. For purposes of comparison, the data is also shown for the City as a whole. —47— -48- TABLE V Comparison of 24 Variables from 1970 Census Describing Studio City and North Hollywood Nodes and Corresponding Control Area VARIABLES AREAS-------------AND-----------VALUES Studio City North Hollywood Crntrol (Tujunga & (Lankershim & (Lankershim Entire Population Ventura).Vineland) Whipple) City Population per sq. mile 5,742 8,265 5,893 6,041 % Persons 0-17 18.4 18.2 16.7 30.2 % Persons 65+ 10.6 17.9 15.2 10.1 % White (non -Spanish) 92.0 85.3 90.7 60.3 ro Black 0 0 0 17.2 % Spanish --American 6.5 13.7 7.7 18.4 % Families wlfemale head 10.6 16.4 16.4 16.2 { Education % High School I dropouts, 25 & older 22.1 38.6 25.3 38.1 % 25+ who have Finished , 4+ years college 22.0' 10.2 18.3 13.5 Economics {� Approximate median family income $15,672 $ 9,471 $12,575 $10,535 % White collar employed 80.4 60.6 77.3 57.4 % unemployed 7.8 6.1 9.1 7.0 % families in poverty 3.7 10.0 6.6 9.9 % families receivi..ng welfare 4.3 7.6 4.7 9.9 % 1 -unit structures 50.6 48.9 34.2 51.7 Approximate median value, owner occupied units $39,141 $25,335 $35,530 $26,700 Approximate median monthly rent, renter occupied units $ 135 $ 123 $ 129 $ 107 % of owner occupied, 1 unit, structures built before 1940 24.1 52.4 52.2 28.5 % of renter occupied, 2+ unit structures built before 1940 10.9 13.9 21.8 30.7 -48- TABLE V (cont'd) Comparison of 24 Variables from 1970 Census Describing Studio City and North Hollywood Nodes and Corresponding Control Area VARIABLES Crime Rates Assaults per 100 population Robberies per 100 population Burglary per 100 improved parcels Total Arrests per 100 population Narcotic Arrests per 100 population aged 14-44 AREAS-------------AND------------VALUES ,)tudiu City North Hollywood Control (Tujunga & (Lankershim & (Lankershim Entire Ventura) Vineland) & Whipple) City .4065 .374 .478 .857 1/2 .267 .170 .454 13.80 _1.0.94 13.5 14.96 4.23 4.26 4.10 8.26 2.6E 1.39 1.60 2.04 On the basis :of the fori;guing 1970 Census data, it is possible to de,:elop ,• gc=)aral description of the two study area modes containing adult entertainment businesses in the Valley. As indicated above, such a description must necessarily be based on data t,pplying to entire census tracts, even through the study areas may encompass only portions of tracts. Residents of the Studio City study area node in 1970. were predominantly an tapper middle income group, . with a relatively high percentage of college graduates. High school dropouts were considerably below the citywide norm. Eight out of ten employed persons were in "white collar" jobs. The percentage of families receiving welfare or in poverty status was considerably below the citywide percentage. The unemployment rate was slightly higher than that of the entire city. The median value of owner occupied homes in the Studio City area was more than $12,400 higher than the City median. About one-half of the housing units were one -unit structures. Apartment rental rates were also higher than the city as a whole. The percentage of one -unit, owner occupied housing units built before 1940 (24.1 percent) approached the citywide median of 28.5 percent. With regard to crime statistics (as of 1970), robberies per 100 population in the Studio City area were below the rate for the city as a whale (.172 and .454, respectively), {L although the number of burglaries per 100 improved parcels (13.86) was close to the citywide rate of 14.96. • Total arrests per 100 population (4.23) were about one-half of the 8.26 rate which prevailed citywide. • -49- __ - The North Hollywood study area contrasts rather sharply with the above described tudio City area. In North Hollywood, median family income was $9,471 in 1970 --lower � than the citywide median of $10,535 --and considerably lower than the $15,672 median income of residents in the Studio City study area. Sixty-one percent of employed persons were in "white collar" jobs in Ncrth Hollywood, compared with 80 percent in Studio City and 57 percent in the entire city. The percentage of'families in a poverty status in North Hollywood was"'considerably higher than in Studio City (10.0 percent and 3.7 percent, respectively). The percent of families in North Hollywood receiving welfare was higher than in Studio City, but lower than in the entire city. Unemployment rates, however, were locaer in North Hollywod ! than in Studio City and the entire City. Housing values were considerably lower in North Hollywood than in Studio City, and slightly lower than average values throughout the entire city. Median montly rents were lower in North Hollywood than in Studio City but higher than in all of Los Angeles. Of all owner -occupied one -unit structures, 52.4 percent were built prior to 1940 in the North Hollywood study area, compared with only 28.5 percent in the entire city. Single-family homes in North Hollywood are older than in Studio City. As revealed in Table V. 1970 crimes rates for the seven variables tabulated were lower in North Hollywood than in the city as a whole. Except for "robberies per 100 population" and "total arrests per 100 population" all other rates in North Hollywood were lower than in the Studio City study area. Tabulation of U.S. Census Trends from 1960 tc 1970 Time series (trend) data can often be of value in identifying underlying socio-economic or physical characteristics which may have contributed to the -change in an area. During the course of this study, the staff prepared a tabulation of the 1960-70 change in selected socio-economic variables as reported in the U.S. Census, covering the five study areas, the four "control" areas, and the City as z whole. This was done in order to. determine if changes in the study area nodes were significantly different than the "control areas", or from citywide norms. A tabulation of this data is contained in Appendix E. A review of this data revealed that the 1960-70 trends in the variables selected (relating to population, economics and housing) were not significantly different for the study areas than for the "control areas". In general, numerical or percentage changes in the data were also similar to �- citywide trends and no firm conclusions of particular relevance to the study could be developed. -50- V. POLICE DEPARTMENT STUDY OF HOLLYWOOD This section of the report considers the number and percentages of adult entertainment businesses in the City, changes in these businesses since 1975, and more specifically, crime rates in the Hollywood area as compared to crime rates, citywide. The following information was compiled by the Los Angeles Police Department and shows the incidence of certain adult entertainment establishments as of two different time periods-- November of 1575 and December 3.1., 1976. The statistics show a decrease in massage parlors, bookstores, arcades and theaters and a slight rise in adult motels. This was during the same period of time that there was stepped-up surveillance and deployment of officers in areas where concentrations of adult entertainment establishments existed. (The Hollywood community is within the West Bureau.) This information and that which follows involving the incidence of crime in the Hollywood area provides what may be a positive correlation between crime and the presence of adult entertainment facilities. -51- Percent TYPE OF ACTIVITY Nov. 1975 Dec. 1976 of Change Adult Motels 3-7— X38 + Massage Parlors 147 80 -45% Bookstores/Arcades 57 45 -21% Theaters 47 44 -6% TOTAL 288 207 -28% DECEMBER 31, 1576 LOS ANGELES CITY POLICE DEPARTMENT BUREAU OF ACTIVITY AND PERCENTAGE CENTRAL SOUTH WEST VALLEY TYPE OF ACTIVITY BUREAU BUREAU BUREAU BUREAU Adult Motels 5(13%) 23(60%) 5(13%) 5(13%) Massage Parlors 6 (7%) 4 (5%) 42(53%) 28(35X) Bookstores/Arcades 6(20%) 1 (2%) 24(53%) 11(24%) Theaters 7(16%) 1 2X 28(64%j 8(18%) TOTAL 27(23%) 29(14%) 99(48%) 52(25%) -51- The information in this section is an extract from a report to the Planning Department on "The Impact of Sex Oriented Businesses on the Police Problems in the City of Los Angeles*", prepared by the Los Angeles City Police Department. The City Council in instructing the Planning Department to conduct the Adult Entertainment study has also instructed other City agencies to cooperate with and contribute as necessary to the report process. In accordance with such instructions, the Police Department conducted_ an analysis of the relationship between the concentration of adult entertainment establishments and criminal activity in the Hollywood area as compared to the•citywide crime rates for the period beginning 1969 and ending 1575. This period of comparison covers the years during which adult entertainment establishments appeared and proliferated in the Hollywood area Part I crimes are those criminal acts which most severely effect their victims; they include homicide, rape, aggravated assault, ! robbery, burglary, larceny, and vehicle theft. During the period of 1969 through 1975, reported incidents of Part I crimes in the Hollywood Area increased,7.6 percent while the City showed a 4.2 j percent increase. Thus, Hollywood's Part I crimes increased at nearly twice the rate of the:City's increase. In conformance to the overall trend, every Part I crime committed against a person, not against property, increased at a higher rate in Hollywood Area than i in the citywide total. Street robberies and 484 Purse Snatches, wherein the victim was directly accosted by their assailant, increased by 93.7 percent and 51.4. percent, respectively; the r: citywide increase was 25.6 percent and 36.8 percent. Suspects arrested for Part I criminal acts in Hollywood Area increased 16.2 percent while the City dropped by 5.3 percent. This reveals that Hollywood Area was 21.5 percent over the City's total in the apprehension of serious criminals during the seven year period. Equally alarming as the increase in Part I arrests, is the increase in Part II arrests (described on Table VI, pages 53-54) in Hollywood Area as opposed to the rest of the City. Hollywood increased in this category by 45.5 percent while the City rose but 3.4 percent. Prostitution arrests in Hollywood Are?: increased at a rate 15 times greater than the city average. While the City showed a 24.5 percent hike, Hollywood.bounded to a 372.3 percent increase in prostitution arrests. Similarly, pandering arrests in Hollywood Area increased by 475.0 percent, 3-1/2 times the city increase of 133.3 percent. (See note p. 54.) *The complete report prepared by the Los Angeles City Police r` Department is available for review in the official files under City l Plan Case Nc. 21475 in the Los Angeles City Planning Department. —52— Table VI 1.969 THROUGH 1975 SURVEY PERIOD REPORTED CRIMES AND ARRESTS .-53- Hollywood Area Citywide Part I Offenses 1969 1975 % Change 1969 1975 % Change Homicide 19 37 +94.7 377 574 +52.3 Rape 214 199 -7.0 211.5 1794 -15.2 Agray. Assault 605 886 +46.5 14798 14994 +1.3 Robbery 905 159?. +75.8 11909 14667 +23.2 Burglary 5695 5551. -2.5 65546 6948' +6.0 Larceny 7852 8396 +6.9 89862 93478 +4.0 Auto Theft 2621 2608 -0.5 32149 30861 -4.0 TOTAL 17911 19268 +7.6 216756 225857 +4.2 St. Robberies 381 738 +93.7 5321 6684 +25.6 484 Purse Snatches 185 280 +51..4 1951 2668 +36.8 i ARREST.S Hollywood Area Citywide Part I Offenses 1969 1975 % Change 1969 1975 % Change Homicide 21 26 +23.8 475 573 +20.6 Rape 67 47 -29.9 858 552 -35.7 Agray. Assault 239 348 +45.6 6250 3163 -49.4 Robbery 368 285 -22.6 4855 5132 +5.7 Burglary 864 514 -40.5 7823 6032 -22.9 Larceny 546 1371 +151.1 6877 11706 +70.2 Auto Theft 319 226 -29.2 4820 3121 -5.3 TOTAL 2424 281.7 +16.2 31958 30279 -5.3 Hollywood Area Citywide *Part II Offenses 1969 1975 % Change 1969 1975 % Change TOTAL 10660 15503 +45.4 179233 185417 +3.4 *(Part II arrests include: other assaults, forgery and counter- feiting, embezzlement and fraud, stolen property, prostitution, narcotics,_ liquor laws, gambling, and other miscellaneous misdemeanors.) ( Prostitution Arrests 1969 1975 % Change Hollywood Area 433 2045 +372.3 Citywide 2864 3564 +24.5 .-53- Table VI (cont'd) f Pandering Arrests 1969 1975 1 Change ` i Hollywood Area 8 46 +475.0 Citywide 42 98 +133.3 NOTE: (The prostitution arrests made in Hollywood Area in 1975 represents 57.3 percent of all arrests for prostitution made in the city. The pandering arrests made in Hollywood Area in 1975 represents 46.9" percent of all pandering arrests made in Los Angeles during that year.) DEPLOYMENT Hollywood Area 1969 1975 % Change Patrol 1.97 255 +29.4 Investigators. 45 61 +35.6 TOTAL 242 316 +30.6 Citywide 6194 7506 +21.1 j ADULT ENTERTAINMENT ESTABLISHMENTS r ! HOLLYWOOD AREA 1969 through 1975 f 1969 1. Hard-core motel 2 Bookstcres 7 Theaters 1 Massage parlor/scam joint 11 Locations (Total) 1975 3 Hard-core motels 18 Bookstores 29 Theaters 38 Massage parlor/scam joints 88 Locations (Total) - —54— 16 N w_ w m m O w w t— N 0 0 0 0 0 0 0 0 0 O O 00 W) 0 0 0 0 _ h, t0 K0'� W) � M M N w S H a z Cl) W N M 0. d' co V, h iiz O ti 1� N 0 o 0 N O� 0 t$ O� O M M M N N N N 54-A cn F -- z W N _I m A N. w z w 2 z N cr w W H J O' Q 0 0 0 0 0 0 0 0 0 0 00 O 01 m ti t0 to tj M N '- N w crw m m O 0. •. • • 0 0 0 0 0 0 0 0 0 • During the period included in this report, the Citywide deployment of police personnel rose by 21.2 percent. However, with the surge of crime in the Hollywood Area, deployment there increased by 30.6 percent, 9.4 percent higher than the rest of the City. Included in this figure is a 29.4 percent hike in uniformed officers and 35.6 percent rise in investigators to cope with the criminal elements. I This survey reflects a seven-year span during which time the Adult 1 Entertainment Establishment in the Hollywood Area proliferated from a mere 11 establishments to an astonishing number of 88 such locations. The overall deleterious effect to "the entire community is evident in the statistics provided. The overwhelming increase in prostitution, robberies, assaults, thefts, and the proportionate growth in police personnel deployed throughout Hollywood, are all representative of blighting results that the clustering of Adult Entertainment Establishments has on the entire community. These adverse social effects not only infect the environs immediately adjacent to the parlors but creates a malignant atmosphere in which crime spreads to epidemic proportions. The remaining sections of the Police Department report are letters and signature petitions from concerned businessmen, clergy, merchants, citizens and police officers and are in the file and available for inspection upon request. The following paragraph summarizes this section of the Police Department report. The police officer reports can be summarized as follows: all officers felt the sex -oriented businesses either contributed to or were directly responsible for the crime problems in the Hollywood area. The officers felt the sex shops were an open invitation to undesirables and thereby directly caused the deterioration of neighborhoods. Also, it was suggested that these businesses purposely cluster in order to establish a "strength in numbers" type effect, once they establish a foothold in a neighborhood they drive the legitimate businesses out. The letters from the businessmen, clubs, churches and concerned citizens were all in support of police efforts to close adult entertainment.facilities. The letters all expressed the feeling that the sex shops attracted homosexuals, perverts, prostitutes and other undesirables and directly contributed to the decline of the Hollywood area. —55— M tG ti • MM O O O N ZZ W W -j Z= Qcrco J W �„ A W W 55-A e 0 C7 N _z c W W o ac zcx aa. a a LL O V � co jw Q w wcr z Q LL 00 w Oa J O 0 qr if 55-B P In m � Q cr f Los Angeles City Planning Departi.ent Calvin S. Hamilton, Director Frank P. Lombardi, Executive Offit_or Glenn F. Blossom, City Planning Officer Citywide Planning and Development Division Glenn 0. Johnson, Division Head Code Studies Section Jack C. Sedwick, Senior City Planner Robert Janovici, City Planner Charles S. Rozzelle, City Planner Marcia Scully, Planning Assistant, Project Coordinator Evelyn Garfinkle, City Planning Associate Fred Hand, City Planning Associate Ronald Lewis, City Planning Associate (former project staff member) Charles Zeman, City Planning Associate Staff Support Donald S. Jacobs, Data Analysis Fred Ige, Planning Assistant Joyce Odell, Cartographer Gilbert Castro, Cartographer Barbara Reilly, Typist Corrine Gluck, Typist Mary Volz, Typist Mewland Watanabe, Typist Jeanne Crain, Typist Audrey Jones, Typist Mason Dooley, Photographer Hf. \# %.;M� `i kF'K". a r { �*ta ^�'i � �� '�:•'� .��'; ;r..l, . .v ...� , r' C x � f J r _ t•P � ��• �T, - i F i :'� � i v,.i�(, It \ . ��, \ •\ i 1 f t/ APPENDICES' O O • N n • 4 fn ! M 1D fA N A 10 N 0 0 10 • .o r, N N 0 A � fn N fn 0 0 !! N O A 1 r1 1D N N O O A N f'1 0 0 10 N e Ln 1; 1D in m It N r N N rf o O • m n m N rf N N O • rl f'y fn rl 0 0 r O O mrl N N N O fn N N as . n allo n n A 10 . • N P1 f7 i n • m N • O 01 N rl O w N rl 1D N 10 O A W; . A h rf w N Go 1D • 2 PO4 o ~a T Cpa G�1 0 u [y o 0 v oo o 00% n r, �0 A O O O rl O N P A Uf N rl N N M C. O 11 wy ; n o a CO 1D A a rf u > 10 r` r, a D n L1 @ o a E v ad s > 0 0 M b ►Oi 43 b 1ND N 0 a0 u � NBA • r` rl A A 'C b A K O rl O �o m A 10 inO O if A N A C rl A 0% m . . .Oi s M O o w w A rn a if N A - 1R fr a! O to rA AA M d 41 ar+ C o1 O p qq M b tp O C�p 41 M C m O O • N n • 4 fn ! M 1D fA N A 10 N 0 0 10 • .o r, N N 0 A � fn N fn 0 0 !! N O A 1 r1 1D N N O O A N f'1 0 0 10 N e Ln 1; 1D in m It N r N N rf o O • m n m N rf N N O • rl f'y fn rl 0 0 0 r 1D O mrl N N fn f" fn N N as . n allo n n A • N . N 10 ' N P1 f7 i 0 0 0 N • O P N • O b N • N P 10 O A W; . A h rf N N 0 0 0 O 1D O mrl N N fn f" R as . n allo N1 1D m rl rl rl 0 0 0 10 • m N f7 N f�1 f� • A m• • N P m In ! rf rl V �ss u 1f1 R c �p m no Go -fie 2 PO4 o ~a T Cpa G�1 0 CD a M d O 14 a o 0 0 0 0 0 0 0 a 0 0 0 d1 1D v. �0 0% o fn 0 N0 �D 0 CO CD N .i O O .i qr • cn r4 C4 01 C4 m .hp in t7 > F! ei h • m C4 OD .14 •1 J.1 en 1P1 0 o m o O 0 N 0 O 0 m 0 0 o m W 10 n w e7 m M In %0 O tD U ^+ n N Ln o o b� M .i a h e+f L N 0s "� h • in N N e �0 e$4 W 7 "� N N JJ .-1 •� C to nU h C 4) 0%.4 �( ra O O O O O O O P O O 0 $' m O O aT �p c m O s ko . N N UJ N CD Q rt Q .-I Ol ON CA 4J $4 41 W 01 4.1 r q W (' CN . fa r N 01 as co Ch m 1-1 fa h N pp 1 J N e N t1 l0 N h r•1 en f•1 W N a a V-1 N tL o m c 0 0 m 0 0 0 0 10 W +1 as E o N h m m • a m m m C O h ►1 W C1 .-1 O mO h em•1 • m tD m N N t0 h h 10 .moi eh in t0 a m O aJ 0190 Q' N to m m 01 �O O V0 to IV U I 'i N a 4 as 0 .J 0 0 C. 0 0 0 0 0 0 O riri ',i b h e•1 . . m • • e�e1 • N • h o+ O s 41 M O .1 O% -W to m M .n J.1 d 1 JJ ip �O '0' 10 e'1 = 0 o 0 00 0 0 00 om o 0 lo ,o ^ %0 1n v • v N h o O o m N 41 M4 01 t1 m m Q m • • • Pf 01 .) 4 h N �? v! m 1n 1n o h 0 v r•1 W m %0 -W O • • I N N O +i C: JJ b W J w CT 4! Le a C o 'O 'O �+ roe o g .1 14 W 0 o "' " 1 U S ,� 14 o' -,4 > 1 ' (� +i 11 C y M "�'• 1 01 d W i p '� U 4 et +1 m eC CL • F. C C S y 0 13d C +1 4 o sqi y> ' yx w! O 1 w D1.0 a $4 d 4i m z 0 cj �" U x° u°m March 14, 1977 REQUEST FOR YOUR ASSISTANCE IN OB`T'AINING INFOR14ATION REGARDING "ADULT ENTERTAINMENT ESTABLISHMENTS" The Los Angeles City Council has recently requested the Department of City Planning, in cooperation with the Police Department and other City agencies, to conduct a study concerning "adult entertainment" businesses. Because of your particular knowledge of the businesses in the vicinity of your adress, we are requesting that you answer the questions on the attached questionnaire. These questions relate to the effect of adult entertainment establishments on other businesses and neighborhoods in the surrounding area. The results of the questionnaire will be of great value to us in conducting this study. Please return your completed questionnaire in the stamped envelope provided before April 1, 1977. If you have any questions about the study or wish to discuss this matter with Planning Department staff members, please call 485-3508. We greatly appreciate your cooperation in assisting us in this survey. Original signed by.Calvin S. Hamilton % CALVIN S. HAMILTON Director of Planning CSH:CSR:cd 0417B/0029A AN EQUAL !EMPLOYMENT OPPORTUNITY -AFFIRMATIVE ACTION EMPLOYER CITY OF LOS ANGELES CALIFORNIA CITY PLANNING DEPARTMENT OF CITY PLANNING COMMISSION 561 CITY HALL SUZETTE NEIMANr LOS ANGELES. CALIF. 90012 PRESIDENT FRED E. CASE CALVIN S. HAMILTON ' VICPPRESIDENT *� DIRECTOR DANIEL P. GARCIA -- LESTER B. KI140 FRANK P. LOMBARDI LEONARD LEVY EXECUTIVE OFFICER - TOM BRADLEY RAYMOND L NORMAN MAYOR SECRETARY APPENDIX B March 14, 1977 REQUEST FOR YOUR ASSISTANCE IN OB`T'AINING INFOR14ATION REGARDING "ADULT ENTERTAINMENT ESTABLISHMENTS" The Los Angeles City Council has recently requested the Department of City Planning, in cooperation with the Police Department and other City agencies, to conduct a study concerning "adult entertainment" businesses. Because of your particular knowledge of the businesses in the vicinity of your adress, we are requesting that you answer the questions on the attached questionnaire. These questions relate to the effect of adult entertainment establishments on other businesses and neighborhoods in the surrounding area. The results of the questionnaire will be of great value to us in conducting this study. Please return your completed questionnaire in the stamped envelope provided before April 1, 1977. If you have any questions about the study or wish to discuss this matter with Planning Department staff members, please call 485-3508. We greatly appreciate your cooperation in assisting us in this survey. Original signed by.Calvin S. Hamilton % CALVIN S. HAMILTON Director of Planning CSH:CSR:cd 0417B/0029A AN EQUAL !EMPLOYMENT OPPORTUNITY -AFFIRMATIVE ACTION EMPLOYER ADULT ENTERTAINMENT QUESTIONNAIRE Los Angeles City Planning Department May 9, 1977 Please answer the seven questions below by checking the appropriate spaces. Feel free to write comments in the space provided or on a separate sheet. For the purposes of this study, an adult entertainment establishment includes businesses such as: adult bookstores; nude or topless dancing establishments; massage parlors; adult theatres showing X-rated movies; "peep shows"; so-called adult motels, and bars with X-rated entertainment. 1. What overall effect do you feel that adult entertainment establishments have on a neighborhood: Effect on the businesses condition (sales & profits) in the area: positive negative no effect Comments/Examples: 0 ' Effect on homes (value & appearance) in the area immediately adjacent to adult entertainment businesses: positive negative no effect Effect on homes (values & appearance) in the area located 500 feet or more from adult entertainment businesses: positive negative no effect Comments/Examples: ( OVER) B-1 2. Do you feel the establishment of adult entertainment facilities in the vicinity of your business has had any of the following effects? (Please check all those effects which you feel have occurred.) no effect decreased property values lower rents increased property values vacant businesses lower taxes tenants moving out higher taxes complaints from customers decreased business activity less crime increased business more crime more litter l improved neighborhood appearance ) deteriorated neighborhood appearance other (please specify) Please list specific examples relating to any box checked, immediately above. 3. What are the hours of operation of your business? 4. Have you seriously considered moving your business elsewhere because of nearby concentrations of adult entertainment businesses? yes no Why? 5. Would you consider expanding.in your current location? yes no; if not; why? _ . _ B-2 6. what types of adult entertainment establishments are there in your area? (Please check all appropriate boxes.) adult bookstores nude or topless dancing massage parlors adult theatres peep shows adult motels bars with X-rated entertainment How far from your business is the nearest adult entertainment establishment? Thank you for your cooperation. Please return this questionnaire to: City of Los Angeles Department of City Planning 200 North Spring Street Room 513, City Hall Los Angeles, CA 900.2 Name (Business) Address B-3 - CITY PUNNING COMMISSION I SUZCTT[ NEIMAN II Mt(fID(NT FRED E. CASE VIC(.FR(4140CHT IANICL P. GARCIA .ESTER=. KING LEONARD LEVY RAYMOND 1. NORMAN f[CR(TARY March 14, 1977 CITY OF LOS ANGELES CALIFORNIA It'D TOM BRADLEY MAYOR APPENDIX C DEPARTMENT OF CITY PLANNING $41 CITY HALL LOS ANGELES. CALIF. 90012 CALVIN S. HAMILTON DIRECTOR FRANK P. LOMOARDI (x(euTIV[ OFile[R RE--,,UEST FOP. YCUn ASSISTf--14Cc, IN ^vBTAMTIIT IT-TFCFtY1A'--rICI,T REGARDING Uj.1 ZG 1ER1 M Eat LsSmZ' u 1 The Los Angeles City Council has recently requested the Department of City Planning, in cooperation with the _=o.ice 1; epartment and other City agencies, to conduct a study concerning "adult entertainment" businesses. Because of your *articular Im.-wledge of thg businesses in the vicinity of your address, we are. requesting . that you answer the questions on the attached questionnaire. These questions relate to the effect of adult enter- tainment establishments 'on other businesses and neighbcrhoods in the surrounding area. The results of the questionnaire will be of great value to us in conducting this study. ?lease return. your completed questionnaire in the stamped envelope provided before April 1, 1977. If you have any questions about the study or wish to discuss this matter with '_Tanning Department staff members, please call 435-35.02. -We greatly appreciate your cooperation in assisting us in this survey. CALVIN S: I-IAMI:.,TCN Director of Planning CSH: CSR:Imc -C- AN EOIIAL FYPI e%vuffNT 1mPPART11N9TY—AFFIRMATIVE ACTION EMPLOYER IADULT ENTERTAINMENT QUESTIONNAIRE• Loa Angeles City Planning Department Narch 14, 1977 -. Please give your opinion regarding questions set forth below by checking the appropriate spaces and providing comments in the space provided or on a s!parate sheet. - For the purposes of this study, "adult entertainment establishments" in- clude businesses such as: adult bookstores, nude or topless dancing estab- lishments; massage parlors; adult theatres showing X-rated movies; "peep shows"; so-called adult motels and bars with X-rated entertainment. �. EFFECT ON SURROUNDINf3 BUSINESSES - - 1. What effect does the concentration of adult entertainment establish- ments have on the market value of business property (land, structures, fixtures, etc.) located in the vicinity of such establishments? • increase in value decrease in value no effect Comments/examples: (Please cite specific examples, including avail- able data.) 2. Khat effect does the concentration of adult entertainment establish- ments have on the rental value of•business property located in the vicinity of such establishments? increase in value decrease in value ho effect Comments/examples: (Please cite specific examples, including avail- able data.) 3. What effect does the concentration of adult entertainment establish- ments have on the rentability/saleability of business property located in the vicinity (length of time required to rent or sell property; rate of lessee/buyer turnover; types of businesses of prospective lessees/buyers; conditions of sale or lease, etc.)? Increase in rentability/saleability decrease -in rentability/saleability no effect Comments/examples:. (Please cite specific examples, including available data.) C-1 -2- 4. What effect does the concentration of adult entertainment establish- ments have on the annual income of businesses. located in the vicinity of such establishments? ' increased income decreased income -no effect Comments/examples : (Please cite specific examples, including available data.) i 5. Have any business owners or proprietors considered relocating or not expanding their businesses because of the nearby concentration of adult entertainment establishments? Yes No Not known j If yes, please indicate the specific reason, if known. J 6. In recent years, has the commercial vitality (sales, profits, etc.) of any area in the City of Los Angeles been affected in any way by the nearby concentration of adult entertainment establishments? Yes• No Not known If yes, which areas? - Comments/examples: (Please cite effects and provide available data.) C-2 - l.RC1Lfi'h'sSJ TfWS\•}!'4x5'R'Jew^.'w..•ww'..Tw.r....,...�.,_____. .. ,... ..._ _.. EFFECT ON SURROUNDING RESIDENTIAL PROPERTIES ; T. What effect does the concentration of adult entertainment establish - .menta have on the market value of private residences located within the following distances from such establishments? Increase Decrease No Effect Less than 5oo Beet . 500 - 1000 feet IMore than 1000 feet_ . 'Comments/example-s: (Please cite specific examples, including available (data.) 8. What effect does the concentration of adult entertainment establish- ments have on the rental value of residential income property located i within the following distances from such establishments? Increase Decrease No Effect Less than 500 feet 500 - 1000 feet More than 1000 feet Comments/examples: (Please cite specific examples, including available data.) 9. What effect does the concentration of adult, entertainment establish- ments have on the rentability/saleability of residential property located within the following distances from such establishments? Increase Decrease No Effect Less than 500 feet 500 - 1000 feet More than 1000 feet Comments/examples: (Please cite specific examples, including avallable data.) -4 - OVERALL EFFECTS 10. In regard to the questions set forth above, please describe the effects which you believe the concentration of adult entertainment businesses has on each of the following: Property values of surrounding: Commercial property Residential property Rental values of surrounding: Commercial property Residential property Vacancies _ Number Length Rate of tenant turnover Annual business income Complaints from customers and residents due to concentration Neighborhood appearance .Crime Litter Other (please specify Thank you for your cooperation. Please return this questionnaire to: City of Los Angeles Department of City Planning 200 North Spring Street Room 516, City Hall Los Angeles, CA 90012 Name Organization Address Do you wish to be notified of the public hearing on this matter? Yes No C-4 APPENDIX D-1 May 3, 1977 Concerned Members of the Public ADULT ENTERTAINMENT STUDY We wish to thank you for your interest in the above matter. Recently, residents of the Studio City area have received erroneous information regarding the activities of this Department. Specifi- cally, they have been informed that it is our intent to create an "adult entertainment zone" on Ventura Boulevard. This information is not correct. In January of this year, the Los Angeles City Council instructed the Planning Department to conduct a study to determine whether so-called "adult entertainment" establishments, where they exist in concentration, tend to have a deteriorating or blighting effect on adjacent properties and areas. Since that time, the Department staff has been evaluating data from the public and governmental agencies to determine whether evidence of such effects exists. Within the next two months, the analysis of the information gathered will be presented to the Los Angeles City Council which will make a decision as to whether adoption of regulations is appropriate. We regret that you were sent alarming erroneous information; if you have any further questions, please call my staff at 485-3508 or 485-3868. (Original signed by) CALVIN S. HAMILTON Director of Planning CSH:RJ:mw tappenarx u -t t�°rs est `° a\es , 'Des 0% • . • e \°c9 s pA ° °'j< tiv� �t\,EC1 a 0 %\ ;" t e(' FiOfi at P�, . • . • . Os°c+O�E\, iev+°sa°o,�sP° Mp .. • • \gal M 0% \°te M)vaP.\�ME °�d O`o °\\y `�`°J �dge l �OZN G\ty E� o°se \ gi �`ti° el �a ecs• St. `P�`1\� Qceo%ed `� P \\y�' l'o y�y . r�� °Gt�\eod °Eh� ppb\`sr a\d : lie o oe' �< a\e Zre ° \ed9e i \ be r °�o° °°J y Jas to vi ;\ Cm t yon <e\e4to az° tri a C �b t he Sto �� ie4°�°\\ °t se° G`\�,o°c°e�°e a° GE\�J Op 0001 bot OR o° Girl t ey ES �Eet��s `t'1°`bs� vyo fey Pt"o City d' QE�\ SNE loo\ �a\e'� Ptt° p�st��`t�a`° ��Q�° �\X Aon` g�.`�est a �pt�p' `aon< °E E� \\J 0 P� 0� gPr\ V. off` a GO fed •\00 E�\0 ESe EE \\er ! R SES P Prix 0% e X01% Q M�s`°� .\p P\'� F 05 P �'� °gee .\ IMA0 ' O SOS 1.00 _ SSV P�wO t,P�9 Q� n _ 09y-t� a8 Ne Ov v1Lx VO eO P Q o e"N c %ado oeg� s` `'llOX s e�� e�R►'°��►cc� c� NO pueo pe Go s o;snrlvb is��aa e(% `oi nc9 X04 uvncoo c� toc • ` te` reed a�a�c Q.naeCO SON, ve%-.t• `n; c�N.c°ona 9 a �ssQp advt� ee�ec� \ aV a `nae• • • 1 APPENDIX D-3 PRIVATELY DISTRIBUTED QUESTIONNAIRE (Note: Not a portion of Planning Department Study) - RESPONSES - Total no. of responses Question 1. What effect does the concentration, of adult entertainment establishments have on the market value of business property (land, structures, fixtures, etc.) located in the vicinity of such establishments? 2. What effect does the concentration of adult entertainment establishments have on the rental value of business property located in the vicinity of such establishments? 3. What effect does the concentration of adult entertainment establishments have on the rentability/saleability of business property located in the vicinity (length of time required to rent or sell property; rate of lessees/ buyer turnover; conditions of sale or lease, etc.)? 197 Response increase in value 2 decrease in value 178 (90.4%) no effect 2 increase in value 2 decrease in value 169 (85.8%) no effect 3 increase in rentability/ saleability 2 decrease in rentability/ saleability 161 (81.7%) no effect 3 4. What effect does the concentration of increased income 2 adult entertainment establishments have on the annual income of businesses decreased income 149 (75.6%) located in the vicinity of such establishments? no effect 5 5. Have any business owners or proprietors yes 71 considered relocating or not expanding their businesses because of the nearby no 4 concentration of adult entertainment establishments? not known 6. In recent years, has the commercial vitality (sales, profits, etc.) of any area in the City of Los Angeles been affected in any way by the nearby concentration of adult entertainment establishments? D-3-1 yes 100 no. 57 not known (36.9%) (4.9%) 96 (48.7%) (50.8%) (28.9%) (35.8%) Increase Decrease No effect Total Less than 500 feet - 147 (100%) - 7. What effect does the concentration of 141 (99.3%) - 142 More than 1000 feet - adult entertainment establishments 145 10. (Net tabulated) have on the market value of private In summary, the respondents felt that the subject businesses have a residences located within the following surrounding businesses and residential properties and the large majority believe that the adverse distances from such establishments? extends beyond the 1000 -foot radius. Increase Decrease No effect Total Less than 500 feet - 148 (100%) - 148 500 - 1000 feet - 145 (100%) - 145 More than 1000 feet - 142 (95.9%) - 148 8. What effect does the concentration of adult entertainment establishments j have on the rental value of residential income property located within the following distances from such establishments? Increase Decrease No effect Total i Less than 500 feet - 143 (99.3%) 1 144 500 - 1000 feet - 138 (98.6%) 2 (1.4%) 140 More than 1000 feet - 133 (95%) 7 (50%) 140 9. What effect does the concentration of adult entertainment establishments have on the rentability/saleability of residential property located within the following distances from such establish- ments? Increase Decrease No effect Total Less than 500 feet - 147 (100%) - 147 500 - 1000 feet - 141 (99.3%) - 142 More than 1000 feet - 141 (97.2%) - 145 10. (Net tabulated) In summary, the respondents felt that the subject businesses have a decidedly adverse impact on surrounding businesses and residential properties and the large majority believe that the adverse effect extends beyond the 1000 -foot radius. D-3-2 Comments indicate concern for: 1. personal safety, e.g. assaults 2. moral effect on children 3. safety of property, e.g. v.andalism, robbery, etc. 4. neighborhood appearance. Adult entertainment establishments were described variously as tawdry, tacky, garish, seedy, messy, neglected, untidy, blighted, unkempt. 5. litter, e.g. cans, bottles, newpapers, etc., strewn about public and private property, especially heavy after Saturday night. 6. spillover parking into residential areas. On-site parking is often inadequate. Customers seeking anonymity park at a distance. away from any given establishment, on residential streets. 7. graffiti on public and private property. I. D-3-3 _. APPENDIX E SANTA MONICA BOULEVARD & WESTERN AVENUE NODE POPULATION 1960 1970 1960 1970 Total Population 18,484 19,033 2,479,015 2,811,801 Black 38 340 334,916 503,606 Percentage 0.2 1.8 13.5 17.9 Spanish 540 3,833 260,399 518,791 Percentage 3.7 20.1 10.5 18.5 Median Age 42.1 38.0 33.2 30.6 Persons 0-17 2,190 3,126 756,640 849,246 Percentage 11.8 16.4 30.5 30.2 Persons 65+ 2,437 3,334 253,993 283,395 Percentage 13.1 17.5 10.2 10.1 No. of Husband & Wife Families 3;153 3,380 545,109 553,564 No. of Unrelated Individuals 3,833 6,190 329,977 421,701 Average Household Size 1.95 1.90 2.77 2.68 HOUSING Total Units 9,859 10,667 935,507 1,074,173 Singles 2,938 1,919 559,745 560,378 Percentage 30.0 18.0 59.0 . 52.0 Multiples 6,921 8,748 375,762 510,261 Percentage 70.0 82.0 40.0 47.4 Built Pre -1939 7,039 5`,736 481,797 328,988 All Occupied Units 9,226 9,962 876,010 1,024,835 Owner 1,330 1,078 404,652 419,801 Percentage 14.0 11.0 50.0 39.0 Renter 7,896 8,986 471,358 607,573 Percentage 86.0 89.0 43.0 56.4 ECONOMICS Median Family Income 5,699 1,713 6,896 10,535 Median School Years Completed 12.1 12.3 12.1 12.4 Median Value Owner Occupied in $ 16,450 25,825 17,300 26,700 Median Rent in $ 77 105 78 114 Total Employed 9,370 9,113 126,276 1,150,796 Unemployed 900 912 6,914 8.6,802 Percentage 9.6 10.0 5.5 7.5 E-1 LANKERSHIM BOULEVARD & WHIPPLE STREET (Valley Control Area) HOUSING Total Units 2,520 2,865 935,507 1,0742173 Singles 1,289 NODE 559,745 CITYWIDE POPULATION 1960 1970 1960 1970 Total Population 5,497 5,897 2,479,015 2,811,801 Black 9 2 334,916 503,606 Percentage 0.0 .1 13.5 17.9 Spanish 100 439 260,399 518,791 Percentage 1.8 7.4 10.5 18.5 Median Age 42.1 41.6 33.2 30.6 Persons 0-17 1,106 1,091 756,640 849,246 Percentage 20.1 18.5 30.5 30.2 Persons 65+ 729 1,076 253,993 283,395 Percentage 13.3 18.2 10.2 10.1 No. of Husband & Wife Families 1,371 1,301 545,109 55,3,564 No. of Unrelated Individuals 841 1,337 329,977 421;701 Average Household Size 2.36 2.11 2.77 2.68 HOUSING Total Units 2,520 2,865 935,507 1,0742173 Singles 1,289 1,082 559,745 560,378 Percentage 51.2 37.8 59.0 52.0 Multiples 1,231 1,783 375,762 5102261 Percentage 48.8 62.2 40.0 47.4 Built Pre -1939 898 813. 481,797 328.,988 All Occupied Units 2,328. 2,790 876,010 1,024,835 Owner 1,076 989 4041J652 419,801 Percentage 46.2 35.4 50.0 39.0 Renter 1,252 12801 4712358 607,573 Percentage 53.8 64.6 43.0 56.4 Median Family Income 8,086 13,154 6,896 10,535 Median School Years Completed 12.6 12.6 12.1 12.4 Median Value Owner Occupied in $ 22,350 375100 17,300 262700 Median Rent in $ 92 136 78 114 Total Employed 2,574 2,736 126,276 1,150,796 Unemployed 177 280 6,914 86,802 Percentage 6.9 10.2 5.5 7.5 E-2 M HOLLYWOOD & WESTERN E-3 NODE CITYWIDE POPULATION 1960 1970 1960 1970 Total Population. 6,860 8,438 2,475,015 2,811.,801 Black 3 72 334,916 503,606 Percentage - .1 1.3.5 17.9 Spanish `183 909 260,399 518,791 Percentage 2.6 10.7 10.5 18.5 Median Age 43.9 41.3 33.2 30.6 Persons 0-1.7 576 803 756,640 849,246 Percentage 8.3 9.4 30.5 30.2 Persons 65+ 1,158 1,644 253,993 283,395 Percentage 16.8 15.4 10.2 10.1 No. of Husband & Wife Families 1,306 1,408 545,109 553,564 No. of Unrelated Individuals 2,805 3,602 329,977 421,701 Average Household Size 1.76 1.62 2.77 2.68 HOUSING Total Units 6,773 8,044 935,507 1,074,173 Singles 764 702 559,745 5601-378 Percentage 11.3 8.7 59.0 52.0 Multiples 5,81.8 7,559 375,762 510,261 Percentage 85.S 94.0 40.0 47.4 Built Pre -1939 3,731 3,037 481,77 328,988 All Occupied Units 5,996 7,5,06 876,010 1,024,835 Owner 394 420 404,652 419,801 Percentage 5.6 5.6 50.0 39.0 Renter 5,602 7,137 471,358 607,573 Percentage 93.4 94.4 43.0 56.4 ECONOMICS Median Family Income 6,429 8,537 6,896 10,535 Median School Years Completed 12.5 12.6 1.2.1 12.4 Median Value Owner Occupied in $ 22,200 37,333 17,300 26,700 Median Rent in $ 92 1.23 78 114 Tota? Employed 6,535 6:745 126,276 1,150,796 Unemployed 481 575 6,914 86,802 Percentage 7.4 8.5 5.5 7.5 E-3 E-4 'y I SANTA MONICA BOULEVARD & VERMONT AVENUE C NODE CITYWIDE POPULATION 1.960 1970 1560 1970 Total Population 16.,855 1.5,736 2,479,0.1.5 2,811,801 Black 510. 1,287 334,5.6 503,606 Percentage 3.0 8.2 13.5 17.9 Spanish 869 3,936 250,399 518,791 Percentage 5.2 25.0 10.5 18.5 Median Age 38.8 34.2 33.2 30.6 Persons 0.17 2,482 2,751 756,640 849,246 Percentage 24.7 17.5 30.5 30.2 Persons 65+ 2,830 2,432 253,593 283,395 Percentage 16.8 15.5 10.2 10.1 No. of Husband &- Wife Families 3,343 2,720 545,109 553,564 No. of Unrelated Individuals 4,881 4,818 329,977 421,701. Average Household Size 2.04 2.01 2.77 2.68 HOUSING Total Units 8,866 7,982 535,507 1,074,173 Singles 2,655 1,913 559,745 560,378 Percentage 30.0 24.0 59.0 52.0 Multiples 5,531 5,081 375,762 510,261 Percentage 62.4 76.2 40.0 47.4 Built Pre -1939 6,589 4,093 481,797 328,988 All Occupied Units 8,274 7,636 876,010 1,024,,835 Owner 1.,404 896 404,552 419,801 Percentage 17.0 11.7 50.0 39.0 Renter 6,870 6,748 471,358 607,573 Percentage 83.0 88.4 43.0 56.4 ECONOMICS Median Family Income 5,901 8,142 6,896 10,535 Medi?n School Years Completed 12.2 12.5 '2.1 12.4 Median Value Owner Occupied in $ 15,975 249100 17,300 26,700 Median Rent in $ 76 103 78 114 Total Employed 9,073 6,528 126,276 1,150,796 Unemployed 595 465 6,914 86,802 Percentage 6.6 7.1. 5.5 7.5 E-4 I SELMA AVENUE CAHUENGA BOULEVARD MODE CITYWIDE POPULATION 1560 +.970 1560 1970 Total Population 14,886 13,827 2,479,015 2,811,801 Black 43 342 334,916 503,606 Percentage .3 2.5 13.5 17.9 Spanish; 840 1,822 260,399 518,7.1 Percentage 5.6 13.2 10.5 X8.5 Median Age 43.3 39.8 33.2 30.6 Persons 0-17 1,309 1,248 756,640 845,246 Percentage 8.8 9.0 30.5 30.2 1 J Persons 65+ 2,896 2,71.2 253,993 283,395 Percentage 19.5 19.6 10.2 10.1 .7 No. of Husband & j Wife Families 2,406 1,876 545,09 553,564 No. of Unrelated Individuals. G,631 5,951 329,977 421,701, Average Household Size 1.68 1.60 2.77 2.68 HOUSING Total Units 10,022 9,680. 935,507 1,074,173 Singles 1.,7.14 1.,140 559,745 560,378 Percentage 17.1 11.8 59.0 52.0 Multiples 8,1.3.0 8,533 375,762 510,261 Percentage 80.9 88.2 40.0 47.4 Built Pre -1939 7,3.97 5,161. 481,797 328,988 All Occupied Units 8,958 8,658 876,010 1,024,835 Owner 812 683 404,652 415,801 Percentage 9.3. 7.9 50.0 39.0 Renter 8,164 7,965 471,358 607,573 Percentage S..1 92.1 43.0 56.4 ECONOMICS Median Family Income 5,535 7,584 6,896 10,535 Median School Years Completed 12.2 12.5 12.1 12.4 Median Value Owner Occupied in $ 20,125 30,925 17,300 26,70Q Median Rent in $ 80 111 78 114 j Total Employed 8,112 6,990 126,276 1,150,796 1 Unemployed 998 943 6,914 86, 802 Percentage 12.3 13.5 5.5 7.5 E-5 TUJUNGA BOULEVARD & VENTURA BOULEVARD HOUSING Total _Units 8,110 NODE 935,507 CITYWIDE ti POPULATION 3.960 1970 1960 1970 Total Population 17,544 21,599 2,479,015 2,811,801 Black 50 44 334,916 503,606 Percentage .3 .4 13.5 17.9 Spanish .398 758 260;399 518,701 Percentage 2.3 6.5 20.5 18.5 Median Age 39.6 38.7 33.2 30.6 Persons 0-17 3,638 2,137 756,640 849,246 Percentage 20.7 18.4 30.5 30.2 Persons 65+ 1,368 ?.,232 253,993 283,395 Percentage 7.8 10.6 3.0.2 No. of Husband & 9;956 15,672 6,896 10,535 Wife Families 4,526 2,66-^. 545,3.09 553,564 No. of Unrelated 12.6 12.9 12.1 12.4 Individuals. 3,100 2,832 329,977 421,701 Average Household Size 2.36 2.17 2.77 2.68 HOUSING Total _Units 8,110 5,529 935,507 i,074,173 Singles 4,520 2,716 5599745 560,378 l Percentage 55.7 49.1 5S..0 52.0 Multiples 3:590 2,813 375,762 510,261 Percentage 44.3 50.9 40.0 47.4 Built Pre -3.939 2,058 1,009 481;797 328,988 All Occupied Units 7,548 5,367 876,010 1,024,835 Owner 3,904 2;463 404,652 41.9,801 Percentage 51.4 45.9 50.0 39.0 Renter 3,644 2,904 471,358 607,573 Percentage 48.3 54.1 43.0 56.4 ECONOMICS Median Family Income 9;956 15,672 6,896 10,535 Median School Years Completed 12.6 12.9 12.1 12.4 Median Value Owner Occupied in $ 23,700 39.,650 17,300 26,700 Median Rent in $ 98 142 78 114 Total Employed 8,800 5,965 126,276 1,150,796 Unemployed 584 504 69914 86,802 Percentage 6.7 8.4 5.5 7.5 E-6 HOLLYWOOD BOULEVARD AND HIGHLAND AVENUE HOUSING Total Units 8,261 NODE 935,507 CITYWIDE POPULATION 1960 1970 1960 1970 Tot41 Population 11,438 1.2,016 2,479,015 2,811,801 Black 38 326 334,916 503,606 Percentage .3 2.7 13.5 17.9 Spanish 357 1,509 260,399 518,791 Percentage 3.1 .1..2.6 10.5 18.5 Median Age 44.5 41.0 33.2 30.6 Persons 0-17 832 970 756,640 849,246 Percentage 7.3 8.1 30.5 30.2 Persons 65+ 2,281 2,379 253,993 283,395 Percentage 19.9 19.8 10.2 10.1 No. of Husband & 5,792 7,510 6,896 10,535 Wife Families 1,718 1,606 545,109 553,564 No. of Unrelated 12.3 12.6 12.1 12.4 Individuals 5,768 6,408 329,977 421,701 Averp..ge Household Size 1.57 .1.56 2.77 2.68 HOUSING Total Units 8,261 8,835 935,507 1,074,173 Singles 1,169 858 559,745 560,378 Percentage 14.2 9.7 59.0 52.0 Multiples 7,067 7,958 375,762 510,261 Percentage 85.5 90.1 40.0 47.4 Built Pre -1939 5,768 4,344 481,797 328,988 All Occupied Units 7,322 9,756 876,010 1,024,835- ,024,835Owner Owner 559 559 404,652 419,801 Percentage 7.6 7.2 50.0 39.0 Renter 6,781 7,197 471,358 607,573 Percentage 92.4 92.8 43.0 56.4 ECONOMICS Median Family Income 5,792 7,510 6,896 10,535 Median School Years Completed 12.3 12.6 12.1 12.4 Median Value Owner Occupied in $ 23,000 33,300 17,300 26,700 Median Rent in $ 85 117 78 114 Total Employed 6,469 6,177 126,276 1,150,796 U-nemployed 861 878 6,914 86,802 Percentage 13.3 14.2 5.5 7.5 E-7 HOLLYWOOD BOULEVARD AND GOWER STREET HOUSING Total Units 4,334 1,571 935,507 1,074,173 Singles NODE 226 559,745 CITYWIDE POPULATION 1960 1970 1560 1970 Total Population 7,067 2,342 -2;479,015 2,811,801 Black 9 53 334,916 503,606 Percentage .1. 2.3 13.5 17.9 Spanish 292 311 260,399 518,791 Percentage 4.1 1.3.3 1.0.5 18.5 Median Age 45.2 37.3 33.2 30.6 Persons 0-1.7 567 227 756,640 849,246 Percentage 8.0 9.7 30.5 30.2 Persons 65+ 1,445 325. 253,993 283,395 Percentage 20.4 13.9. 10.2 10.1 No. of Husband & Wife Families 1,316 336 545;109 553,564 No. of Unrelated Individuals . 2,707 1,155 329,977 421,701 Average Household Size 1.74 1..64 2.77 2.68 HOUSING Total Units 4,334 1,571 935,507 1,074,173 Singles 669 226 559,745 560,378 Percentage 15.4 14.4 59.0 52.0 Multiples 3,463 1,365 375,762 510,261 Percentage 84.6 85.6 40.0 47.4 Built Pre -1.939 2,778 726 481,797 328,988 All Occupied Units 3,924 ,1,446 876,010 1,024,835 Owner 345 93 404,652 419,801 Percentage 8.8 6.4 50.0 39.0 Renter 3,579 1.,353 471,358 607,573 Percentage 91.2 93.6 43.0 56.4 Median Family Income 6,102 8,515. 6,896 10,535 Median School Years Completed 12.4 12.4 12.1 12.4 Median Value Owner Occupied in $ 21,750 27,600 17,300 26,700 Median Rent in $ 84 112 78 114' Total Employed 3,885 1,430 126,276 1,150,796 Unemployed 380 148 6,914 86,802 Percentage 9.8 10.3 5.5 7.5 1� E-8 1 I r LANKERSHIM BOULEVARD & VINLAND AVENUE NODE CITYWIDE POPULATION 1960 1970 1960 1970 Total Population 7,600 9,344 2,479,015 2,811,801 Black 1 0 334,916 503,606 Percentage 0 0 13.5 17.9 Spanish 263 146 260,399 518,791 Percentage 3.5 1.6 10.5 18.5 l Median Age 41.9 38.7 33.2 30.6 Persons 0-17 1,551 1,697 756,640 849,246 Percentage 20.4 18.2 30.5 30.2 Persons 65+ 1,268 1,674 253,993 283,395 Percentage 16.7 17.9 10.2 10.1 No. of Husband & Wife Families 1,833 1,963 545,109 553,564 No. of Unrelated Individuals 1,325 2,521 329,977 421,701 Average Household Size 2.35 1.70 2.77 2.68___ HOUSING Total Units 3,558 4,897 935,507 1,074,173 Singles 1,705 1,359 559,745 560,378 Percentage 47.9 27.8 59.0 52.0 I Multiples 1,853 3,538 375,762 510,261 -- Percentage 52.1 72.2 40.0 47.4 Built Pre -1939 1,501 1,369 481,797 328,988 All Occupied Units 2,711 4,677 876,010 1,024,835 Owner 1,213 1,143 404,652 419,801 Percentage 44.7 24.4 50.0 39.0 Renter 2,098 3,534 471,358 607,573 Percentage 55.3 75.6 43.0 56.4 Median Family Income 6,690 9,471 6,896 10,535 Median School Years Completed 11.9 12.4 12.1 12.4 Median Value Owner Occupied in $ 17,800 25,450 17,300 26,700 Median Rent in $ 86 118 78 114 Total Employed 3,483 4,452 126,276 1,150,796 Unemployed 267 291 6,914 86,802 Percentage 7.7 6.5 5.5 7.5 E-9 ADULT ENTERTAINMENT 40 -ACRE STUDY August 1987 Planning Division Departmear of Planning and Economic Development _ study J' Exhibit 1 #15 . TABLE OF CONTENTS Introduction.................................................................1 Municipal Authority to Regulate Adult Uses via Zoning ......................... 3 Scopeof Study...............................................................7 Current Regulation of Adult Uses in Saint Paul...............................9 Studies of Problems Related to Adult Entertainment --United States ........... 15 Studies of Problems Related to Adult Entertainment --Twin Cities .............../ Saint Paul --Recent Problems Related to Adult Entertainment ...................19 Alternative Zoning Strategies for Dealing with Adult Entertainment .......... 27 Conclusions and Recommendations.............................................39 Proposed Amendments to Zoning Code..........................................43 Appendix A - Names and Addresses of Existing -Adult Uses.....................53. Appendix B - Memorandum Discussing Issues Raised During Public Review....... 53 Appendix G - Planning Commission Resolution.................................63 Credits.....................................................................65 f ` INTRODUCTION The City of Saint Paul first adopted zoning provisions to restrict sex-related adult entertainment in 1983. In that year, the City Council passed several amendments which define "adult uses" and restrict them to B-3, I-1, B-4 and B-5 Zoning Districts as permitted uses subject to special condition use permits. However, since 1983 there has been growing concern among Saint Paul citizens that the amended Zoning Code does not adequately address the land use problems associated with adult entertainment. Also, there is concern that the current definitions of adult uses create undesirable loopholes, leading to an inability of the City to regulate all adult uses. This report is in rasponse to a City Council resolution of November 5, 1986 requesting the Plauning Commission to study possible amendments to the Zoning Code so as to" -restrict -adult uses to Industrially Zoned Districts only, and other amendments relating to adult uses which the Commission should deem advisable. I MUNICIPAL 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 Detroit in its "Anti -Skid Row" ordinance adopted in 1962 and amended to include sex-related businesses in 1972. The Detroit ordinances defined "adult" establishments as those presenting material "distinguished or characterized by an emphasis on matter depicting. . . 'Specified Sexual Activities' or 'Specified Anatomical Areas'." Adult establishments were included in a list of "regulated uses" and the ordinances provided that no regulated use could be established within 1000 feet of any otr,er two regulated uses (except when the provision is waived by the buildings and s,-fety engineering department) or within 500 feet of a residential area. Owners of two adults -only theatres subsequently challenged the constitutionality of the ordinances and the case was ultimately taken to the United States Supreme Court. The theatre operators maintained that the ordinances constituted a prior restraint on constitutionally protected communication and that the ordinances violated equal protection. Moreover, they charged that the definition of "adult" establishment is vague (due to the phrase "characterized by an emphasis") and that the ordinances did not specify adequate procedures or standards for obtaining a waiver of the 1,000 foot standard. Essentially, the landmarlr Young v. American Mini Theatres 427 US SO (1976) decision affirmed that municipalities may use zoning to restrict adult entertainment if adult entertainment is shown to have a harmful impact on particular types of neighborhoods. The Supreme Court specifically held that: 1. The ordinances as applied to these respondents do not violate the Due Process Clause of the Fourteenth Amendment on the ground of vagueness. 2. The ordinances are not invalid under the First Amendment as prior restraints on protected communication because of the licensing or zoning requirements. Though adult films may be exhibited commercially only in licensed theaters, that is also true of all films. That the place where films may be exhibited is regulated does not violate free expression, the City's interest in planning and regulating the use of property for commercial purposes being clearly adequate to support the locational restriction. 3. The 1,000 foot restriction does not violate the Equal Protection Clause of the Fourteenth Amendment. �. Court Cases Between 1976 and 1986 Several 'federal court decisions subsequent to Young established the limits of zoning as a tool for restricting adult entertainment. Although it was recognized that such restrictions were valid, it was also established that 3 1 _ 1 municipalities may not use zoning to prohibit adult entertainment entirely. Indeed, the Supreme Court itself affirmed this principle in Schad v. Boroueh of Mount Ephraim 452 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 Minneapolis, CCA File No. 82 -1385 -MN). According to U.S. District Judge Diana Murphy, the Minneapolis ordinance was unconstitutional because it effectively required the relocation of a large number of businesses into a prohibitively small number of business sites. Renton. Washington 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 Renton, Washington sued the city to contest a zoning ordinance that prohibited adult movie theaters from locating within 1,000 feet of any residential zone, single- or multi -family dwelling, church, park or school. Geographically, this made dcwntown a pornography -free zone. In fact, it restricted adult theatres to a number of industrially -zoned sites. The basis of the theatre owners' suit -was their claim that the zoning rule was actually an attempt at censorship in that it left them without_ commercially - viable sites for their businesses. The Citv of Renton v. Plavtime Theatres (Docket Number 84-13L-0) decision overturned a lower court ruling in favor of the theatre owners. This decision was significant in two ways. First, it stretched the meaning of "commercially viable site" in a way that favors municipalities and makes it more difficult for adult entertainment establishments to prove that a potential site is not viable. Secondly, it established that a municipality's zoning ordinance need not rely on an analysis of the actual or potential harm caused by adult entertainment in the subject community. Instead, it can base its ordinance on the experiences and actions of other cities. Specific conclusions of the Supreme Court in this case include: 1. Since the ordinance does not ban adult theaters altogether, it is properly analyzed as a form of time, place and manner regulation. "Content -neutral" time, place, and manner regulations are acceptable so long as they are designed to serve a substantial governmental interest and do not unreasonably limit alternative avenues of communication. 2. The District Court found that the Renton City Council's "predominate" concerns were with the secondary effects of adult theatres on the surrounding community, not with the content of adult films themselves. This finding is more than adequate to 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. 4 1 r. 3. 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 to Renton's particular problems, Renton was entitled to rely on the experiences of, and studies produced by, the nearby city of Seattle and other cities. 4. As required by the First Amendment, the ordinance allows for reasonable alternative avenues of communication. Although respondents argue that in general there are no "commercially viable" adult theatre sites within the limited area of land left open for such theatres by the ordinance, the fact that respondents must fend for themselves in the real estate market, on an equal footing with other prospective purchasers and lessees, does not give rise to a violation of the First Amendment, which does not compel the } Government to ensure that adult theatres, or any other kinds of speech -related businesses, will be able to obtain sites at bargain prices. Principles for Zoning to Regulate Adult Uses The Supreme Court decisions discussed above define the limits of zoning as a tool for regulating adult entertainment. In light of the legal history of this issue., it is possible to derive the following principles for constructing cons tituticnally valid zoning ordinances: 1. Locational restrictions may not be so severe as to result in an _nability to accommodate the present and/or future anticipated number of adult businesses in a city. In Young, the court upheld the Detroit ordinance upon finding that numerous sites complying with the Detroit zoning requirements were available to adult businesses and that the market for sexually explicit fare, viewed as an entity, was therefore "essentially unrestrained." 2. The more evident and rational is the relationship"of the adult -use restrictions to recognized zoning purposes, such as the preservation of neighborhoods and the grouping of compatible uses, the greater is the likelihood that the restrictions will be upheld. 3. The greater is the vagueness inherent in an ordinance's wording or definitions, especially if rising to the degree that non - pornographic -entrepreneurs must worry whether they are within the ordinance's provisions, the more likely it is that the ordinance will be struck down. 4. An ordinance which grants administrative officials discretionary power whether or not to allow particular adult businesses to operate is more likely to be struck down as violative of the precept, emphasized by the Young dissenter, that in the First Amendment area "government may regulate only with narrow specificity." r C 5 SCOPE OF STUDY ,I Saint Paul's Zoning Code currently defines "adult uses" to refer only to sex- related uses, not to alcohol-related uses: Adult uses are those uses excluding bars which are not open to the public generally but only to one or more classes of the public and excluding any minor by reason of age, a minor being a person under the age of eighteen years. Adult uses include, but are not limited to, adult bookstores, adult motion picture theatres, adult mini -motion picture theatres, adult massage parlors, adult saunas, adult rap/conversation parlors, adult health clubs, and adult ca:uarets, or similar adult uses. Although this study considers possible amendments to the Zoning Code (including amendments tb the definition of adult uses), the sex-related focus of the current definition will be retained. Alcohol-related uses are not included because problems associated with bars are often considerably different from the problems associated with sex-related businesses and are generally related to operation rather than to location. Licensing --not zoning --is the more appropriate way to regulate bars. There are sufficiently stringent licensing requirements for bars including distances from schools, churches and other establishments with liquor licenses; operational procedures; City Council public hearings with mailed notice; and the possibility that the license may be revoked. a 7 CURRENT REGULATION OF ADULT USES IN SAINT PAUL I Types and Locations of Adult Businesses i Depending on the system of categorization, there are at present either 14 or 19 adult entertainment establishments in Saint Paul. The Saint Paul Building Inspection and Design Division currently does not regard licensed bars as "adult uses," even if they offer sexually explicit live entertainment. There are five bars in Saint Paul offering such entertainment. There is also one business offering sexually explicit live entertainment which claims to be a private club open to minors as well as adults; howev,r, Saint Paul's Building Inspection and Design Division categorizes it as an adult cabaret and thus is streating it as an illegal' nonconforming ::se. Appendix A contains a comprehensive list of the names and addresses of the 19 establishments. The categories for the establishments are as follows: 2 Movie Theatres 1 Bookstore 1 Adult Cabaret 10 Massage Parlors, Saunas, Health Clubs 5 Bars With Live Adult Entertain,-'ent All of these businesses are within commercially zoned districts. Specifically, the zoning is as follows: 4 B-2 (Community Business District) 13 B-3 (General Business District) 1 B-4 (Central Business District) 1 CAAPB (Capitol Area Board) Jurisdiction Seventy-nine percent (15 out of 19) of adult entertainment establishments in Saint Paul are located on major thoroughfares: Arcade, Payne, Rice, Snelling, University and Seventh Street; the other 21 percent (4 out of 19) are on Grand, Hudson Road, Milton and Prior, which bear lower street classifications as minor arterials or collectors. The total number of adult businesses has dropped to 19 from 30 in 1977 and 24 in 1982. The overall decline in number between 1977 and 1987 is a result of several factors. Some establishments were removed from the downtown area as a result of redevelopment in the area of the World Trade Center. Also, neighborhood pressure—has resulted in the relocation or reorientation of several establishments.. At the same time, zoning and licensing codes have become more restrictive, making it more difficult for new adult establishments to open. Finally, the recent increase in the popularity of home videotape players has apparently changed consumption patterns in a way that has diminished the demand for some forms of entertainment outside of the home. 9 ADULT ENTERTAINMENT IN SAINT PAUL (1987) NUMBER OF ADULT ENTERTAINMENT ESTABLISHMENTS IN SAINT PAUL: 1977-1987 Number by Category Movie Year Theatres Bookstores 1977 2 _ 5 r 1982 2 5 t 1987 Massage, Sauna, Live Health Club Entertainment 10 10 1 2 1 10 r * 5 licensed bars with exotic dancers, 1 adult cabaret 13 7 6* Total 30 24 19 5 ,zon n and Licensing to Regulate Adult Uses -Zoning 8 B Saint Paul currently regulates adult uses in two ways: with zoning and with It licensing. The current zoning regulations date from 1983 when, for the first time, specific "adult uses" were defined and permitted in zones B-3 (General Business District), B-4 (Central Business District), B-5 (Central Business - Service District), and I-1 (Industrial District --by virtue of their inclusion in B-3). In all cases, adult uses are made subject to special conditions: 8-3 (and I-1): 1320 feet from other adult uses; 200 feet from residentially zoned property (ray be waived by Planning Commission with the consent of 90 percent of property owners within 200 feet and with F consideration of various factors pertaining to the public interest) B-4, B-5: 300 feet from other adult use; 100 feet from residential use; not located in s building also used for residential purposes The City's licensing provisions differ from its zoning provisions in that they deal with adult uses only in the context of broader categories. For example, there are no specific regulations applying to "adult movie theatres." However, there 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: 13 1 r ZONING REGULATIONS PERTAINING TO ADULT ENTERTAINMENT IN SAINT PAUL Conversation/ Yes Yes (2) B-3, B-4, Yes Yes Rap Parlors B-5, I-1 Live Entertain- Yes Yes (3) B-3, B-4, Yes Yes ment B-5, I-1 Notes: (1) "Massage Parlor, Sauna, Health Club" is specifically defined. The definition states, among other things, that this type of establishment is licensed under Chapter 412 of the City Legislative Code and restricts minors by virtue of age. (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 uses". (3) "Adult cabaret" is specifically defined. 12 Cited in Defined in Public. Zoning Zoning Zones Where Distance Hearing Category Code Code Permitted Requirements Notice Movie Theatres Yes Yes B-3, B-4, Yes Yes B-5, I-1 Bookstores Yes Yes B-3, B-4, Yes Yes B-5, I-1 Massage Parlors, Yes Yes (1) B-3, B-4, Yes Yes Saunas, Health B-5, I-1 Clubs Conversation/ Yes Yes (2) B-3, B-4, Yes Yes Rap Parlors B-5, I-1 Live Entertain- Yes Yes (3) B-3, B-4, Yes Yes ment B-5, I-1 Notes: (1) "Massage Parlor, Sauna, Health Club" is specifically defined. The definition states, among other things, that this type of establishment is licensed under Chapter 412 of the City Legislative Code and restricts minors by virtue of age. (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 uses". (3) "Adult cabaret" is specifically defined. 12 LICENSING REGULATIONS PERTAINING TO ADULT ENTERTAINMENT IN SAINT PAUL City Conditions Distance Public Council (Neighborhood Category Defined Requirements Notice Hearings Issues) Movie Theatres Yes (1) No No No Limits on sex - oriented advertis- ing; violation of certain obscenity laws may result in revocation of license Bookstores Yes (1) No No No Limits on business (only if hours of second - "second hand dealers (7am- hand goods") lopm) Massage Parlors, Yes 200' from 30 day Yes Character of Saunas, Health (1),(2) residential; to 300' neighborhood; Clubs modify by 90% proximity to of owners with- schools, churches, in 200' others; nuisance Conversation/ Yes (1) No No No No Rap Parlors Live Entertain- Yes 90% consent ,30 day Yes Considered when ment (1),(3) of owners to 300' only 60%-90% of within 200' residents within 200' consent Notes: (1) No discrimination between "adult uses" and other uses. (2) The License Division does not consider adult health clubs to be offering —massages"; thus, they are not required to be licensed. (3) Four classes of licenses. 13 r I •The above chart reveals two notable features of the City's licensing procedures relative to adult entertainment: The first relates to adult health clubs; the second, to bars providing live adult entertainment. First, it is notable that none of Saint Paul's adult health clubs are licensed under Chapter 412 of the City's Legislative Code. This would seem to violate 412.01 which states: No person shall engage in the business of operating a physical culture l and health service, physical culture and health club, reducing club, reducing salon, sauna and/or a massage parlor, either exclusively -or in connection with any other business enterprise, without being licensed as j provided in this chapter. 1 No license is required of adult %ealr_h clubs because of the definition of "massage" in 412.02(2): "Massage" means the rubbing, stroking, kneading, tapping, or rolling of the body with the hands, for the exclusive purposes of relaxation, physical fitness, or beautification, and for no other purposes. Adult health clubs claim that their services are administered with a feather device rather than with "hands" and thus they are not considered to be offering massages. The second notable feature of the City's licensing procedure is that bars providing live adult entertainment will soon be affected by a recently - approved ordinance. In 1985, City officials began considering changes in the licensing and regulation of entertainment in Sault Paul. These deliberations resulted in an ordinance approved in February of 1987 which will create four classes of entertainment licenses, distinguished by the scale of entertainment provided. Also, establishments requiring a second, third or fourth class license will need to submit a new application and will be scrutinized by both the City Council and neighborhood district councils. This new system will go into effect in 1988. t Like the current regulations, the new regulations will not distinguish between "adult" entertainment and other forms of entertainment. However, .they will undoubtedly have an impact on live adult entertainment in two ways. First, live adult entertainment will be included in the fourth and most expensive licensing class ($1000 per year for "stage shows, skits, vaudeville, theater, contests, and/or dancing by performers without limitation as to number, including patron participation in any of the aforementioned"). Businesses offering live adult entertainment currently pay only $60 per year for a license. Secondly, neighborhoods that are dissatisfied with adult entertainment will potentially be able to block the licensing of businesses offering such entertainment when the business applies for the new license. L. STUDIES OF PROBLEMS RELATED TO ADULT ENTERTAINMENT --UNITED STATES .1 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 that typically property values are lower and crime rates are higher in the immediate vicinity of adult: 1 businesses. Among the more prominent studies of this problem are those of Phoenix (1979), Indianapolis (1983) and -Los Angeles (1984). The results of these studies are summarized below. Phoenix In Phoenix, the Planning Department published a study entitled "Relation of Criminal Activity and Adult Businesses" (May, 1979) which showed that arrests for sexual crimes and locations of adult businesses were directly related. The study compared three areas containing adult uses with three control areas that had similar demographic and land use characteristics but no adult businesses. The study concluded that, on average, in the three study areas, property crimes were 43 percent higher, violent crimes were four percent higher, and sex crimes were over 500 percent higher than in the control areas. Moreover, the study area with one of the city's highest concentrations of adult businesses had a sex crime rate over 11 times as large as a similar area having no adult businesses. Finally, 89 percent of the reported crimes of indecent exposure were committed at the addresses of adult businesses. IzdianaDolis In 1983, the City of Indianapolis researched the relationship between adult entertainment and property values at the�nacional level. The study was based on a 20 percent random sample of the national membership of the American Institute of Real Estate Appraisers and a sampling of MAI (Member Appraisers Institute) members who practiced in 22 metropolitan areas. The results of this survey are as follows: 1. Survey respondents overwhelmingly (80 percent) felt that an adult bookstore located in the hypothetical neighborhood described would have a negative impact on residential property values of premises located wit4tin one block of the site. 2. Seventy-two percent of the respondents also felt that there would be a detrimental effect on commercial property values at the same one block radius. 3. This negative impact dissipates markedly as the distance from the site increases, so that at three blocks the estimate of negative impact decreases by more than one-half as judged by the number of respondents indicating negative impact at three blocks. 15 Los Angeles A 1984 study done by the Los Angeles Police Department investigated the relationship between adult entertainment and crime in the Hollywood area. The study indicated that in 1969, there were 11 sex -oriented adult entertainment establishments but by 1975 the number had grown to 88. During the time period from 1969 to 1975, reported incidents of "Part I Crime" (i.e., homicide, rape, aggravated assault, robbery, burglary, larceny and vehicle theft) in the Hollywood area increased 7.6 percent while the rest of Los Angeles had a 4.2 percent increase. "Part II" arrests (i.e., other assaults, forgery and counterfeiting, embezzlement and fraud, stolen property, prostitution, narcotics, liquor laws, gambling and miscellaneous misdemeanors) increased 45.4 percent in the Hollywood area and 3.4 percent in the rest of Los Angeles. 0 16 STUDIES OF PROBLEMS RELATED TO ADULT ENTERTAINMENT --TWIN CITIES j In recent years, there have been two systematic statistical studies of the relationship between adult entertainment, crime and property values in the Twin Cities. The first study, published in 1978, focused on Saint Paul and involved the Division of Planning and the 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 these two 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 its conclusions apply to sex -oriented adult entertainment as a separate category. Nevertheless, the following conclusions are notable: 1. There is a statistically significant correlation between the location of adult businesses and neighborhood deterioration, as measured. 2. Adult establishments tend to locate in somewhat deteriorated areas. 3. Additional relative deterioration of an area fo'_lows location of an adult -business in the area. 4. Crime rates relate to the establishment of adult businesses in a threshold fashion. There is a significantly higher crime rate associated with two such businesses in an area than is associated with only one adult business. ` 5. Housing values also relate to the establishment of -adult businesses in a threshold fashion. There is significantly lower value associated with three 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 both simple regression and multiple regression techniques, this study concluded that sex -oriented businesses have a greater number of significant relationships to high crime rates and low property values than any other type of adult entertainment establishments examined. 17 ' In the Minneapolis study, therelationship between sex -oriented businesses and higher crime rates was especially strong. The association between sex - oriented businesses and lower housing values disappeared, however, when other factors were taken into account. In addition, these businesses were quite strongly related to the percentage of vacant commercial properties, which is often used as a measure of a declining commercial area. However, the study noted that these associations alone are not evidence that a sex -oriented business locating in an area causes other businesses to leave or property values to decline. Alternatively, these associations may indicate that sex- 1 oriented businesses locate where property values have already fallen and 1 demand for commercial space is weak enough to permit them to compete successfully for space. 18 N. SAINT PAUL --RECENT PROBLEMS RELATED TO ADULT ENTERTAINMENT J Saint Paul has continued to experience social and economic problems related to 1 adult entertainment. Essentially, these problems stem from prostitution which has been associated with adult entertainment in two ways. First, there have been persistent problems with street prostitution in the area of University f Avenue and Dale Street. Secondly, there is strong evidence that prostitution I sometimes occurs within Saint Paul's adult health clubs. University -Dale Neighborhood Problems In Saint Paul there is one neighborhood that has an especially heavy concentration of adult entertainment establishments. The blocks adjoining the intersection of University Avenue and Dale Street have nearly 25 percent (4 out of 19) of the city's adult uses, including all of Saint Pauls's adult bookstores and adult movie theatres. As in other American cities, the growth of adult entertainment in this neighborhood has accompanied significant social and economic decline. The Thomas -Dale District (Citizen Participation District #7) is the district that has been most affected by adult entertainment in the Saint Paul. This district is generally bounced by University Avenue on the south, the Burlington Northern railroad tracks on the norih, Interstate 35-E on the east and Lexington Parkway on the west. The neighborhood has suffered serious problems in recent years and is in many ways the most distressed neighborhood in the city. Indicators of distress in this neighi�orhood include the following: - Highest unemployment rate in the city (1980: 9.6 percent vs. 4.7 percent in Saint Paul as a whole) i - Highest percentage of families below the poverty line (1979: 19.2 percent. vs. 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 college graduates (high school graduates in 1980: 52.6 percent vs. 72.4 percent in Saint Paul as a whole; college graduates in 1980: 5.7 percent vs. 19.8 percent in i Saint Paul as a whole) j There is evidence that many of these problems are related to adult entertainment in the following way:. concentrations of certain types of adult entertainment near residential areas street prostitution, potentially dangerous patrons of adult businesses' ' other crimes 19 Currently, the Police Department maintains that 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 Western Avenue on the east. STREET PROSTITUTION ZONE PROSTITUTION ARRESTS IN SAINT PAUL --1986 (Data Source: Saint Paul Police Department, Vice Unit) Locations of Arrests Within "Street Prostitution Zone": 195 Outside of "Street Prostitution Zone": 84 279 Location Not Identified: 43 322 Locations With Ten or More Arrests University - Grotto: 1O-'BC�C�-LUL��e University - Arundel: 31 University l00 __1E]Oc::3== 19 University 1000 15 University - Dale: IOOL�G�OCOOC700L000 University O==r 10 Sherburne - � 10 ,,... OOOOO�OOOOOOCDOOG�oo�j 10 da- ._.., `-" i o�00C:3===1 0 00000oaa00= i Police statistics for 1986 show that, out of 279 prostitution arrests at identified locations, 195 (70 percent) were within the "street prostitution zone". Moreover, all of the locations with ten or more arrests for prostitution were within this zone. It is further notable that the five locations with the highest number of arrests were on University Avenue, within three blocks of the adult uses concentrated at the University -Dale intersection. PROSTITUTION ARRESTS IN SAINT PAUL --1986 (Data Source: Saint Paul Police Department, Vice Unit) Locations of Arrests Within "Street Prostitution Zone": 195 Outside of "Street Prostitution Zone": 84 279 Location Not Identified: 43 322 Locations With Ten or More Arrests University - Grotto: 33 University - Arundel: 31 University - Avon: 19 University - Kent: 15 University - Dale: 12 University - Mackubin: 10 Sherburne - Dale: 10 Sherburne - St. Albans: 10 20 .It is unclear to what extent clients of street prostitutes in this neighborhood are the same people as the patrons of. the adult businesses in the 1 neighborhood. Apparently, the two activities are often separate, but occur in the same neighborhood due to its "sex for sale" reputation. Nevertheless, Cthere is evidence that patrons of adult businesses do pose other types of threats to the University -Dale neighborhood. Residents in the University/Dale area report frequent sex-related harassment by motorists and pedestrians in the neighborhood. Although it cannot be I proved that the harassers are patrons of adult businesses, it is reasonable to j suspect such a connection. Moreover, neighborhood residents here submitted evidence to the Planning Commission in the form of discarded pornographic l literature allegedly found in the streets, sidewalks, bushes and alleys near Jadult businesses. Such literature is sexually very explicit, even on the cover, and under the present circumstances becomes available to minors even though its sale to minors is prohibited. ' Finally, there is an increasingly serious crime problem in the area around the intersection of University and Dale. In 1980, the four police quadrants surrounding this intersection accounted for 5.7 percent of the reported offenses in Saint Paul; by 1985 the figure had risen to 6.1 percent. A notable aspect of this situation is that in the two quadrants. north of University Avenue the number of crimes increased from 1,091 to 1,211 during the years 1980 to 1985. Similarly, the northern area's share of total offenses increased from 3.3 percent in 1980 to 4.0 percent in 1985. In contrast, the area south of University decreased its total number of offenses from 792 to 617 during this time period. Its share declined from 2.4 percent to 2.1 percent at the same time. The following map and table contain details concerning offenses in the -four prtice quadrants surrounding the rUniversity/Dale intersection: r POLICE TF -M AREAS IN THE UNIVERSITY -DALE NEIGHBORHOOD 21 REPORTED OFFENSES IN THE UNIVERSITY/DALE AREA: 1980-1985 (Numbers in Parentheses — Percent of City Total) 1980 1981 1982 1983 1984 1985 North of 1,091 1,134 1,177 1,003 1,036 1,211 Intersec- (3.3%) (3.4%) (3.6%) (3.4%) (3.5%) (4.0%) tion South of 792 811 840 633 580 617 Intersec- (2.4%) (2.5%) (2.6%) (2.1%) %2.0%) (2.1%) tion Total for 1,883 1,945 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, aggravated assault, residential burglary, commercial burglary, theft, motor ,?�hicla theft, arson, and vandalism. - Data derived from "Offense Summary Report, 1980-1585" (Saint Paul Police Department, Crime Analysis Unit) - North of Intersection — Police Team Areas 88 & 89 South of Intersection — Police Team Areas 108 & 109 The recent decline in crime south of the University -Dale intersection has paralleled a decline in street prostitution in the same area. Prior to 1980, street prostitution was a growing problem south of University Avenue. For years, neighborhood residents complained that their streets were frequented by streetwalkers and their clients who were attracted to the area by the adult entertainment establishments concentrated there. By the early 1980s, there were frequent reports of neighborhood women being propositioned and harassed by clients; and of sexual liaisons occurring in garages or yards in the 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 94 near Dale Street. Faced with increasingly serious neighborhood prostitution problems, members of the Aurora -Saint Anthony Block Clubs. organized demonstrations in 1982 to make known their displeasure with the situation. They began shadowing prostitutes and their customers, taking pictures and recording license plate numbers of men who were frequenting the adult businesses, searching back yards, alleys and garages, and prevailing 22 upon.landlords to evict tenants thought to be prostitutes. The organization also met with Mayor George Latimer and successfully requested additional police patrols in the area. Although crime rates are a function of many different variables, it is clear .�` that the actions of the Aurora -Saint Anthony Block Clubs have been an important factor in combatting prostitution and lowering the crime rate in the neighborhoods south of the University/Dale intersection. But as successful as the Aurora -Saint Anthony Block Clubs have been, their activities also point j out the need for a city-wide solution to the problems caused by adult entertainraent. The neighborhoods in the Aurora -Saint Anthony area have experienced a decline in prostitution and other crimes, but there is evidence 1 that much of this activity has simply moved to other parts of the city, often int-, tb: area north of University Avenue. Citizen action north of University, although vigorous, has thus far been less successful in combatting street prostitution. Overall, the situation near University and Dale has created a perception that this is an unsafe area to be in. Evidence of this perception has been gathered by the Western State Bank, located at the corner of University and Saint Albans, across the street from an adult bookstore. Although this bank is committed to working in the neighborhood where it is located, its efforts to attract employees and customers have often been frustrated by people's perception of the neighborhood. In 1983, Western State Bank 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 people were given a list of locations and asked-, "Are tt:ere any of these locations where you would not feel safe -conducting your banking business?" The results of this survey were that 36 percent .said they would feel unsafe banking at Dale and University while no more than four percent indicated they would feel unsafe at other suggested locations. The details of respondent answers are as follows: 23 QUESTION: ARE THERE ANY OF THESE LOCATIONS WHERE YOU WOULD NOT FEEL SAFE CONDUCTING YOUR BANKING BUSINESS? AGE OF RESPONDENT 18- 25- 35- 45- 55- 65+ Don't Know/ LOCATION Total 24 34 44 — 54 64 Over Refused Dale & University 36% 46$ 32% 33% 46% 33% 38% 50% 1 Rice & University 4% U 6% 0 0 4% 5% 0 J University & Snelling 3% 0 7% 2% 0 2% 1% 0 Grand & Victoria 2% 4% 2% 0 0 2% 1% 0 i Rice & Larpenteur 1% 0 0 2% 0 0 1% 0 None 52% 46% 50% 59% 541 51% 47% 50% NUMBER OF RESPONSES 305 24 82 46 28 49 :!+ 2 Prostitution and Adult Health Clubs Prostitution problems in the University -Dale neighborhood are land use problems. That is, they occur on the streets outside of the adult 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 that adult health clubs in the city are fronts for prostitution. Until recently, this was difficult to prove because an arrest at one location seemed to activate a warning network j which made it impossible to arrest violators of the law in other locations. IOn December 16, 1986, police confronted this 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 Iable to. take action in nine of the ten raided clubs. According to Lieutenant James Frank, head of the police department's vice squad, "That makes it quite ` obvious that we do have a problem." However, it is important to recognize the 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 the city.. Street prostitution has an adverse impact on the 24 P. neighborhood in which it occurs but it apparently is beyond the control of the adult businesses which are located in the neighborhood. Thus, a zoning remedy would seem appropriate for this type of problem. In the case of adult health clubs, there is little or no direct impact on -the surrounding 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 deal with this type of problem.' 25 1 d 26 h r ALTERNATIVE ZONING STRATEGIES FOR DEALING WITH ADULT ENTERTAINMENT l Saint Paul currently may choose among three basic alternative zoning strategies for dealing with the land use problems associated with adult entertainment. First, it may retain the current provisions of the Zoning Code. Secondly, it may adopt an amendment to the Zoning Code proposed by Councilman Wilson. Both of these alternatives are variants on a "deconcentration" model of zoning for adult uses. Some cities, including (recently) Minneapolis, have concentrated adult uses in a single, centralized zone. Therefore, a third alternative which Saint Paul may consider would be the Minneapolis model. Alternative #1: Retain Current Zoning Code -Description: The provisions relating to adult entertainment in the current Zoning Code were adopted in 1983. Prior to that time, the Zoning Code did not deal specifically with adult uses. Under the current Zoning Code, adult uses are limited to the following zones: B-3 (General Business) and I-1 (Industrial). subject to special conditions including: 1320 radial feet between individual adult uses, 200 radial feet between adult use and any residentially coned property (may be waived under certain circumstances); - B-4 (Central.Bu-,iness) and B-5 (Central Business Service) subject to special conditions including: 300 radial feet between individual adult uses, 100 radial feet between adult uses and any residential use. 27 CURRENT ZONING CODE: AREAS OUTSIDE OF DOWNTOWN WHERE ADULT USES ARE PEMITTED wrir-Kh ADULT USES ARE PERMITTED 28 -Evaluation: j It is difficult to evaluate the effectiveness of these provisions because, technically speaking, no new adult businesses have legally been established in Saint Paul since 1983. The intent of the 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 City maintains that 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 entertainment j since 1983, although several other bars have ceased to do so. The Building Department does not currently interpret bars to be "adult uses.") However, there is indirect evidence that the spacing requirements of the current Zoning Code may not be sufficient. Under the current Zoning Code, three adult businesses at the University -Dale intersection are legal nonconforming uses. Bl.t if no adult businesses existed nearby, there would be land southeast of the intersection that 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 brought problems to the neighborhood in recent years. The neighborhood around the University -Dale intersection currently suffers the most serious land use problems associated with adult uses. The large market for adult .entertainment 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 the surrounding residential neighborhoods. if, as is possible, a large adult entertainment complex southeast of the University -Dale intersection were to create the same problems, one might reasonably conclude that a larger buffer zone between adult uses and residential areas is required than that now specified by the Zoning Code. Alternative r2: Wilson Proposal to Limit Adult Uses to Industrially -Zoned Districts ` ' -Description: The proposed amendment to the Zoning Code would limit adult bookstores, adult movie theatres and adult live entertainment to the following zones: - I-1 and I-2 (both Industrial) subject to standards including: 1320 radial feet between individual adult uses, 1320 radial feet between j the adult un and any residentially zoned property, 1320 radial feet between the adult use and any residential use, 1320 radial feet E between the adult use and any protected use (house of worship, day care center, public library, school, public recreation center and public specialized recreation facility), 50 radial feet between the adult use and any retail or service establishment dealing directly with consumers. - Note: adult bookstores, movie theatres and live entertainment would no longer be permitted in B-3, B-4 or B-5 zones. 1 29 WILSON PROPOSAL: AREAS WHERE ADULT USES ,PERMITTED Total 1,152 67,400 44 22 Notes: (1) Acreage e3"timated using Bruning Areagraph (90 percent accuracy). (2) "Absolute Site Capacity" — number of adult establishments that could fit on the land within the limitations of the Wilson proposal; calculated without regard for existing infrastructure, existing development, or suitability of land for development. (3) "Relative Site Capacity" — number of adult establishments that could be located on existing street frontage within the limitations of the Wilson proposal; calculated without regard for existing development or suitability of land for development. 30 (.ruuc�u1riclJL1lJ Ur PIXLaJ ELIGIBLE FOR ADULT USES UNDER WILSON PROPOSAL Acres of Street Frontage Absolute Relative Area Land (1) (Feet) Site CaDaCity (2) Site Cavacity (3) 1 7. 0 1 0 2 100 16,400 7 5 3 2 0 1 0 4 3 0 3 17 5 1,040 51,000 32 17 Total 1,152 67,400 44 22 Notes: (1) Acreage e3"timated using Bruning Areagraph (90 percent accuracy). (2) "Absolute Site Capacity" — number of adult establishments that could fit on the land within the limitations of the Wilson proposal; calculated without regard for existing infrastructure, existing development, or suitability of land for development. (3) "Relative Site Capacity" — number of adult establishments that could be located on existing street frontage within the limitations of the Wilson proposal; calculated without regard for existing development or suitability of land for development. 30 -Evaluation: The key feature of this proposal is the expansion of the buffer between adult uses and residential properties from the current 200 radial feet (outside of the Central Business District) to 1320 radial feet. This proposed change squarely addresses the problem with the current provisions mentioned above. That is, it deals with the fact that the current spacing requirements could permit a situation similar to that currently experienced 1 in the University -Dale neighborhood. The Wilson proposal would lessen the 1f likelihood of this occurring in any residential neighborhood by greatly increasing the spacing between adult uses and residences. The size of the buffer zone (1320 feet — 2 1/2 blocks) is appropriate in light of a 1 nationwide survey of realtors which indicated that the negative impact of adult uses declines significantly at a distance of three city blocks (see page 11. above). Althtjugh it is somewhat unusual to confine a particular type of commercial facility to industrial zones, there are good reasons for doing so in the case of adult uses. First, adult uses are similar to some industrial uses in that they have a negative impact on the residential environment and are thus -incompatible with residential uses. Secondly, it is only within industrial zones that a 1320 foot buffer zone between adult uses and residential uses can be created. Finally, there is already an analogous situation in Saint Paul's Zoning Code. "Mission type uses", although essentially temporary residential facilities, are permitted as a principal use in I-1 zones [Zoning Code, 60.612 (22)]. A possible problem with this proposal is that even 1320 feet (2 1/2 blocks) might not be sufficient to prevent "spillover" completely. Indeed, according to the Police Department, the prostitution that now centers on Dale Street extends for eight blocks from Victoria Street to Western Avenue (i.e., four blocks on each side of the University/Dale intersection). Nevertheless, 1320 feet is close to the maximum buffer that could be created in Saint Paul. If the buffer were expanded much beyond 1320 feet, no feasible sites for adult uses would remain in the city. 1. This proposal also involves a tradeoff. The city would gain larger buffer zones between adult uses and residential uses. But in return, the likely locations for new adult businesses will be confined to two or three parts of the city. Under the current Zoning Code, there are a variety of permitted sites that could be attractive to proprietors of adult establishments. Under the Wilson proposal, one area becomes particularly attractive relative to other options. The stretch of University Avenue between Transfer Road and Pillsbury Street is an area which, although industrially -zoned, is partly a commercial 'strip. One might reasonably expect that a proprietor of a new adult establishment would try to locate there if the Wilson proposal were passed. Other relatively attractive sites could be found north of University on Vandalia Avenue. The magnitude of the above tradeoff should not be exaggerated, however. During the past ten years, the number of adult businesses in Saint Paul has steadily declined from 30 in 1977 to 24 in 1982 and 19 in 1987. Thus, market trends,suggest that there will be few new adult businesses established, regardless of whether or not the Zoning Code is changed. 31 • Moreover, the Wilson proposal offers some real benefits even to the neighborhoods close to the University/Vandalia intersection. The Wilson proposal would ensure that any new adult establishments would be considerably farther from residential areas than is the case under the current Zoning Code. A corollary of this fact is .that the Wilson proposal could make it more likely that a smaller number of adult businesses would locate at the western end of University Avenue. Under the current Zoning Code, the western portion of University Avenue provides numerous relatively attractive, legal sites for adult businesses. Currently, adult uses could locate virtually anywhere on University Avenue betwaen Fairview and Saint Paul's western city limits. The Wilson proposal considerably limits the number of possible locations in this area. The Wilson proposal would permit adult uses on a total of nearly 1,200 acres of land in Saint Paul. However, under this proposal, several factors would likely discourage future adult uses from locating anywhere other than in the area around the University -Vandalia inte::section. In general, much of the land either has low development potential or is already devoted to well- established, high-value facilities. The following is a summary of some of the relevant features of each of the areas delineated in the above map and table: ` Area 1: Includes part of an industrial facility located largely in f Minneapolis. No street access from Saint Paul. Area 2: Includes commercial facilities along University Avenue and warehouse -type facilities along Vandalia north of University. Area 3: Part of Ford Motor Company plant. Area 4: Mostly wetlands. Area 5: 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 with the route of a. proposed new road (East Central Business District Bypass). As the above description suggests, there is actually a continuum of types of sites available for adult uses under the Wilson proposal. Some could be obtained fairly easily while others could not reasonably be obtained in the near future. In particular, two large portions of Area 5 would not 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 these facilities is illustrated in the following map of Area 5: 32 PORTIONS OF AREA S ELIGIBLE FOR ADULT USES --EXCLUDING AIRPORT, WASTE WATER PLANT A: Airport W: Waste Water Plant It should also be noted that Area S would be diminished if, as is expected, two other substantial zoning changes occur in the near future. First,. the likely rezoning of some riverfront land for residential purposes would reduce this land area. Secondly, proposed safety zones for the airport would prohibit development near approaches to the runways. The following maps illustrate what these changes would involve: 33 l l 1 I I I I EFFECT OF OTHER ANTICIPATED ZONING CHANGES "_ -'�'C. '.� �V..�\( .:� •'��•� : '.•!.'� ' _�� �= 3ti —.may s-' ;,•�'T�,-S:a.!..� J' .%� \ � �•. `tire ','� � j.� / �� :.��.-� _.� _ _ :: 7 "—�` .-•�- �_.� - :a. _ �:. �= �.\?�'�=�.i-'•\\• ��..'�•.� • f �.�'' -_ :r _,.rte- :s ... :ms`s. �\�a . - l'.:::''��:. .. ••.. "•.: _ .. ��. i' AREA 5 1I,-* BEFORE T \_ I�� !! ' "; 1 i--1 as • :i �'' S �.�+= ^ate` - l \'`• �" �l '-'---'=--sem . 34 AREA S AFTER V. V. r In short, it is a complex matter to summarize the total land area potentially available for adult uses. No single answer can be provided because each answer is relative to certain assumptions. Thus, the following summary table provides four estimates based on four different assumptions: Notes: (1) Acreage estimated using Bruning Areagraph (90 percent accuracy). (2) "Absolute Site Capacity" — number of adult establishments that could fit on the land within the limit:ations of thr Wilson proposal; calculated without regard for existing infrastructure, existing development, or suitability of lane! for development. (3) "Relative Site Capicity" — number of adult establishments that could be located on existing street frontage within the limitations of the Wilson proposal; calculated without regard for existing development or suitability of land for development. Alternative --3: The Minneavolis Model --Limit Adult Uses to Portions of the Downtown Area -Background: Several American cities have chosen to remove adult uses entirely from proximity to outlying residential neighborhoods. This can be done by limiting adult uses to all or a part of the Central Business District. Boston's "combat zone" is the first and most famous example of this strategy. More recently, Minneapolis has limited many of its adult uses to its Central Business District. Minneapolis' approach to adult entertainment is especially relevant to Saint Paul due to the geographical closeness of the two cities. 35 Total Absolute Relative Available Site Site Acres of Land Capacity Capacity (1) (2) (3) Including airport, No other rezoning 1040 47 23 waste water plant as eligible sites Other rezoning 520 24 15 Excluding airport, No other rezoning .686 31 18 waste water plant as eligible sites Other rezoning 226 12 10 Notes: (1) Acreage estimated using Bruning Areagraph (90 percent accuracy). (2) "Absolute Site Capacity" — number of adult establishments that could fit on the land within the limit:ations of thr Wilson proposal; calculated without regard for existing infrastructure, existing development, or suitability of lane! for development. (3) "Relative Site Capicity" — number of adult establishments that could be located on existing street frontage within the limitations of the Wilson proposal; calculated without regard for existing development or suitability of land for development. Alternative --3: The Minneavolis Model --Limit Adult Uses to Portions of the Downtown Area -Background: Several American cities have chosen to remove adult uses entirely from proximity to outlying residential neighborhoods. This can be done by limiting adult uses to all or a part of the Central Business District. Boston's "combat zone" is the first and most famous example of this strategy. More recently, Minneapolis has limited many of its adult uses to its Central Business District. Minneapolis' approach to adult entertainment is especially relevant to Saint Paul due to 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 feet 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 locate only within the Central Business District, subject to the limitation that they not be part of a property with its main public entrance on Nicollet. The above sparing requirements (1000 feet from residentially zoned district, 500 feet from protected use) also continue to apply. Adult uses 1i.nited to this district include bookstores, motion picture theatres and entertainment centers. Adult -uses which are not limited to the Central Business District include massage parlors, rap parlors and saunas. MINNEAPOLIS ADULT ZONE Notes: solid line - adult zone dashed line - core of downtown 36 l- .-Evaluation: 1 The newness of the Minneapolis ordinance makes it impossible to evaluate its impact on the city. Nevertheless, the following comments may be instructive C in determining whether or not a similar ordinance might be appropriate in Saint Paul. Although the Minneapolis ordinance it similar to the Boston approach, it differs in the degree of concentration it entails. The Boston "combat zone" is a two -block area with a high concentration of adult.uses. In contrast, there are over 100 blocks of downtown property where adult uses can locate in Minneapolis. Moreover, the Minneapolis ordinance retains spacing j requirements which will lead to a certain amount of deconcentration, even in the downtown area. Despite the attraction of this approach, there are several differences between downtown Minneapolis and down, -own Saint Paul which should be seriously considered before deciding whether a similar ordinance should be adopted in Saint Paul. First, downtown Minneapolis is substantially larger than downtown Saint Paul. Second, Minneapolis seems willing to cultivate a core of upscale development along the Nicollet Avenue spine and to permit blighted land to exist on the fringes of the Central Business District. In contrast, Saint Paul has in recent years sought to balance development between the core and the periphery of its downtown. Moreover, many of the activities in downtown Saint Paul consist of housing or public facilities oriented toward children and minors (e.g., the science museum on the north side of downtown, the public library and Rice Park area ot: the west side of downtown, and the newly -developing riverfronc area on the siuth side of downtown). In short, downtown Saint Paul seems less .ble tc. absorb a. concentration of adult uses than does downtown MinTieapolis. 37 0 CONCLUSIONS AND RECOWMENDATIONS ( Conclusions 1 On balance, the Wilson proposal is the best of the three alternative zoning strategies. Like the current provisions of the Zoning Code, the Wilson proposal uses zoning districts which already exist in the city and applies spacing requirements to adult establishments within these 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 (i uses and thus provides more protection to the city's neighborhoods. It is also preferable to the Minneapolis model because Saint Paul's downtown is not readily able to absorb a concentration of adult uses. The Wilson proposal also contains a feature that would be appropriate under any zoning strategy. It advocates changing the basis of Saint Paul's definitions of adult uses for zoning purposes. Currently, the Zoning Code defines adult uses in reference to activities which are off-limits 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 change is justified in Saint Paul because some sex -oriented businesses have opened their doors to minors, claiming that some of their materials are for a general audience. The change would also make it clear that bars with live adult entertainment are to be treated as adult uses. The change would thus close several loopholes that are currently exploited by proprietors of sex -oriented businesses. Working with Councilman Wilson, concerned citizens, and members of the Planning Commission, staff has also generated the following refinements of the Wilson proposal: Adult Health Clubs, Massage Parlors and Similar Establishments. The expanded spacing requirements should not be applied to adult health clubs. Saint Paul's adult health clubs have a minor land use impact and thus the standards of the current Zoning 'Code are sufficient for these businesses. t Many cities regulate different types of adult uses in different ways. 'j For example, ag noted above, Minneapolis permits adult massage parlors, rap parlors and saunas in the city at large but limits adult bookstores, entertainment centers and movie theatres to 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 to 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 there is a concentration of two adult movie theatres, one adult bookstore, and one bar with nude dancers. In contrast, few land use 39 problems are associated with the ten adult health clubs in Saint Paul. Out of nineteen adult establishments in Saint Paul, ten are health clubs. If the City would concentrate its more stringent zoning remedies on the -other nine establishments, more could be done to 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. It should be acknowledged that, while it would be useful to bring adult health clubs under the control of licensing, such an action would not necessarily close all undesirable loopholes. An establishment determined to provide prostitution under the guise of a legitimate business could simply declare itself to be a different type of business not requiring a license (e.g., a men's club). Short of requiring all businesses within Saint Paul to be licensed, it would likely be impossible to close all licensing loopholes related to adult entertainment. Nevertheless, it can reasonably to ex,:ected that some adult health clubs would opt to provide licenses "adult massages" and that such licensing could be used to ensure that prostitution does not occur in these businesses. Other Protected Uses. In addition to residential uses, several other similar uses should be separated 1320 feet from adult bookstores, movie theatres, and cabarets. "Protected uses" should include houses of worship, day care facilities, public libraries, schools, public parks, public playgrounds, public recreation centers and public specialized recreation facilities. One rationale for zoning to control adult uses is that such zoning shields children and minors from adult. entertainment and from Ithrmful activities such as street prostitution that 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 their places of residence. - Commercial Uses A 50 foot buffer zone should be created between certain commercial uses and adult bookstores, movie theatres and cabarets. Protected commercial uses should consist of retail and service businesses ` dealing directly with consumers. Recommendations _ 1. Restrict adult bookstores, movie theatres, cabarets and similar establishments to I-1 and I-2 zones. Rationale: Saint Paul's Zoning Code currently has three zoning districts primarily intended for industrial uses (I-1, I-2 and I-3). All three districts are for land uses which are usually incompatible with residential and most commercial uses; I-1 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 CISi7 Saint Paul Zoning Code for confining certain non -industrial uses to industrial zones --"mission type uses" are permitted as a principal use in I-1 [Zoning Code, 60.612 (22)j. J 2. Require the following spacing and distance requirements for adult ( bookstores, movie theatres, cabarets and similar establishments: 1320 radial feet from other adult uses; 1320 radial feet from residential zones and 1320 radial feet from residential uses and "protected uses" (houses of worship, day care centers, public libraries, schools, public parks, public playgrounds, public recreation centers and public specialized recreation facilities); 50 radial feet from retail and service establishments dealing directly with consumers. Rationale: Numerous studies have shown that adult 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 indicated that the negative impact of adult uses declined significantly at a distance of three blocks. The category of "protected uses" is appropriate because it consists of uses frequented by children and minors, often without the accompaniment of a parent or guardian. The 50 foot distance requirement between adult businesses and other retail or service establishments is apropriate because there is evidence that commercial property values are harmed by adult entertainment and because such commercial uses may also be frequented by minors. 3. Retain the provisions of the current Zoning Code for adult health clubs, massage parlors and similar establishments: B-3, I-1: 1320 radial feet from other adult uses; 200 radial feet from residentially zoned property; - 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, adult health clubs are not associated with land use problems as serious as those connected with adult bookstores, movie theatres, cabarets and similar establishments. Specifically, adult health clubs are not significantly associated with street prostitution and related crimes. Thus, a less stringent zoning remedy should be applied to these businesses. 4. Define adult uses in reference to certain specified sexual activities and specified anatomical areas. Currently, adult uses are defined in reference to actiy-i.ties which are off-limits 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 they are not, as businesses, off-limits to minors. The current definitions also cause bars with adult entertainment not to be regarded as adult uses (because bars are excepted from the definition of "adult uses"). 41 t. S. Revise the licensing provisions in the Legislative Code, Chapter 412 (Massage Parlors, Saunas, etc.) to include adult health clubs. Rationale: Licensing can be used to regulate businesses to ensure that they do not engage in illegal activities. Currently, adult health clubs are not required to be licensed because they are not regarded as offering "massages". If adult health clubs were licensed, City officials would be better able to ensure that prostitution did not occur on the premises of such businesses. 42 PROPOSED AMENDMENTS TO ZONING CODE Section 1. That Section 60.201. A. of the Saint Paul Legislative Code be and is hereby amended as follows: Adult bookstore. A shop for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film, if such shop is not open to the public generally but only to one or more classes of the public ex.:iuding any minor by reason of age: or if a substantial or sig r. ficant portion of 1 such items are distinguished or characterized by ar. emphasis on the ldepiction or description of "specified sexual activities" or "specified anatomical areas." Adult cabaret. An establishment which provides ge-ge- daneers;-exetie daneers;-strippers; -er-similar-entertainers dancing or other live entertainment if such establishment and-whieh excludes minors by virtue of age: or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance.__depiction or description of "specified sexual activities" or "specified anatomical areas." Adult conversation/rap parlor. A conversation/ran parlor which excludes minors by reason of age or which provides the service of engaging in or listening to conversation talk or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." Adult massage parlor, health club._ A massage parlor or health club which restricts minors by reason of ape or which provides the service of "mass3ee " if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." Adult mini -motion picture theatre. An enclosed building with a capacity for less than 50 persons used for presenting material deftaed-by Minnesota- Statutes -617:292-as-"sexually-preveeative"-and-wkieh if such building as a prevailing practice excludes minors by virtue of ages or if such material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. Adult motion picture theatre. An enclosed building with a capacity of 50 or more persons used for presenting material defined-by-Minxeseta Statutes -617:292-as-"sexually-preveeative"-and-wkieh if such building__ as a prevailing practice excludes minors by virtue of age, or if such material is distineuished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. 43 l Adult sauna. A sauna which excludes minors by reason of age or which { provides a steam bath or heat bathing room used for the Purpose of 1 bathing relaxation. or reducing—utilizing steam or hot air as a cleaning relaxing_ or reducing agent if the service Provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." Adult uses. Adult -uses -are -these -uses -exeluding-bars-whiek- are -net-epees te-the -publie-ge-nerally-but- only- te- one -er-mere-elasses-of-the -publie and- exeludixg-aAy-miser-by-reason-e€-age;-a-miser-being-a-persea-under the -age -e€ -eighteen -years: Adult uses include; -but-are-net- limited-te; adult bookstores, adult motion picture theatres, adult mini -motion picture theatres, adult massage parlors, adult saunas, adult rap/conversation parlors, adult health clubs, and adult cabarets, er similar -adult -uses: and other premises enterprises, businesses or places oven to some or all members of the public at or in which there is an emphasis on the Performance, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by said members of the public. Section 2. That Section 60.203. C. of the Saint Paul Legislative Code be and is hereby amended as follows: Conversation /rap parlors. An establishment lieensed-by -Chapter -413-Of the- City-Ord€ranee-and advertising, offering or selling the service of engaging in or listening to conversation, talk or discussion between -an employee -e€- the -establishment- and- a-eustemer, regardless of whether other goods or services are also simultaneously advertised, offered or sold, and regardless of whether those other goods or services are also required to be licensed. The term "conversation parlor" shall not include bona fide legal, medical, psychiatric, psychological, or counseling services by a person or firm appropriately licensed; or bona fide educational institutions, ior panels, seminars or other similar services offered by such j institutions; or churches or synagogues. — Section 3. I That Section 60.213. M. of the Saint Paul Legislative Code be and is hereby amended as follows: Massage parlor, sauna; health club. An establishment lieensed-by Chapter -412 -e€ -the -City -Legislative -Cede offering "massage" defined as the_rubbinz. 'stroking, kneading`_ taping_ or rollinv- of_ the body, for the exclusive Purposes of Pleasure, relaxation. Phvsical fitness, or. beautification. and for no other Purposes, offered for a fee or other 44 1 . valuable consideration and -which - res triets-miners -by -virtue -e€-age and including physical culture and health services, physical culture and health club, reducing club, reducing salon, and massage parlor. This definition shall include any building, room, structure, place or establishment used by the public other than a hospital, sanatorium, rest ` home, nursing home, boarding home or other institution for the s hospitalization or care of human beings, duly licensed under the provisions of Minnesota Statutes, Sections 144.50 through 144.703, inclusive, where non-medical and non-surgical manipulation exercises or massages are practiced upon the human body for a fee or other valuable consideration by anyone not duly licensed by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, with or without the use of mechanical, therapeutic, or bathing devices, or any room or rooms from which a masseur or masseuse is dispatched by telephone or otherwise for the purpose of giving a massage. previded- that -ae-massage - for- a- fee -shall -be - given- except - in- a lieensed-premise: Section 4. That Section 60.219. S. of the Saint Paul Legislative Code be amended so as to add the following: Sauna. An establishment uroviding a steam bath or heat bathing room used for the vurnose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent. Specified anatomical areas. Anatomical areas consisting of: 1) Less than comnletely and opaquely covered: (a) human genitals, (b) pubic region, (c) buttock, and (d) female breast below a point immediately above the top of the areola: and 2) Human male genitals in a discernibly turgid state, even if comnletely and opaquely covered. Specified sexual activities. Activities consisting of: 1) Human genitals in a state of sexual stimulation or arousal: 2) Acts of human masturbation. sexual intercourse or sodomy: 3) Fondling or other erotic touching of human genitals, cubic region, buttock or female breast: 4) Situations involvine a person or persons, anv of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture. fettering. bindine or other physical restraint of anv such Qersons. 45 Section 5. That Section 60.543 (10) of the Saint Paul Legislative Code pertaining Cto adult uses permitted in a B-3 Zoning District subject to special conditions be and is hereby amended as follows: (10) Adult rises conversation/rap Parlors subject to the following conditions: 1 (a) The uses adult conversation/rav parlor shall be located at l least 1320 radial feet from any other adult use measured in a straight line from the closest points of the buildings in which the adult uses are located. (b) The adult use conversation/rap parlor shall be located at least 200 radial feet from any residentially zoned property measured in a straight line from the closest point of the building in which the adult use conversation/rap parlor is located to the closest residentially zoned property line - this -eenditien-may-be-waived-by- the -planning- eemmissien- if ine;this-eenditien-may-be-waived-by-the-planning-eemmissien-i€ the -person- applying- for- the -waiver- shall -file -with-the planriag-admiaistrater-a-eensept-petition=whieh-iadieates appreval-a€- the -prepesed- adult -use -by-90-pereent-e€-the prepezty- owners -within-200- radial- feet- of- the -let -ea-whieh the -use -weuld-be-.leeated;- the -planning-eemiAssiea;-in eensideriag-sueh-a-waiver;-shall-make-the-€el ewiag findings :-that- the -prepesed-use -will -net -be -eentrary-te-the publie-interest-er-injurieus-te-nearby-preperties;- and- that the - spirit - and- intent- of- the -erdiaanee-will -be -ebserved- that -the -prepesed-use -will -net- enlarge -er-eneeurage-the develepmant-a€-a-" skid- rew"-area ; -that -the - establishment- e€ an -additional -use -6r -this -type -in -the -area -will -net -be eeninary-te-any-program'-a€-xeighberheed-eeaservatien-er imgrevement; -either-residential-er-nen- residential; -and -that all-applieable-regulatiens-e€-this-erdinaaee-will-be observed. (c) The use adult conversation/rap parlor shall not be located within a building also used for residential purposes. (d) There shall be no access from the building in which the use adult conversation/rap Parlor is located to the alley or to residentially zoned property. (e) Conditions (b) -(d) may be waived by the planning commission if the person applying for the waiver shall file with the planning administrator a consent petition which indicates approval of the Proposed adult conversation/rap Parlor by 90 Percent of the property owners within 200 radial feet of the lot on which the adult conversation/rap Parlor would be located: the planning commission, in considering such a waiver, shall make the following findings: that the Proposed 46 use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of the ordinance will be observed:that the proposed use will not enlarge or encourage the develol2ment of a "skid -row" area: that the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or,imu_rovement either residential or non- residential: and that all applicable regulations of this ordinance will be observed. (ef) All signs shall comply with Chapter 66 of the Zoning.Code and with Chapters 274 and 275 of the Saint Paul Legislative Code. (g) The use shall be licensed as a conversation/rap parlor under appli,able orovisions of the Saint Paul Legislative Code. 11) Adult massage Darlors or health clubs subiect to the same conditions as those listed above in 60.543(10) for adult conversation/raD Darlors. (12) Adult saunas subject to the same conditions as those listed above in 60.543(10) for adult conversation/rap parlors. (1113) Auto repair, subject to the following conditions:... (1214) Accessory buildings, structures, and uses as defined in Section 60.201. Section 6. That Section 60.554 (2) of the Saint Paul Legislative Code pertaining to adult uses permitted in a B-4 Zoning DistYict subject to special conditions be and is hereby amended as follows: (2) Adult uses conversation/raD parlors subject to the following conditions: (a) The use adult conversation/rap parlor shall be located at least 300 radial feet from any other adult use measured in a strJTght line from the closest points of the buildings in which the adult uses are located. (b) The use adult conversation/rap parlor shall be located at least 100 radial feet from any residential use measured in a straight line from the closest point of the building in which the use adult conversation/raD Darlor is located to the building in which the residential use is located. (c) The use adult conversation/rap parlor shall not be located within a building also used for residential purposes. I 47 . (d) All signs shall comply with Chapter 66 of the Zoning Code and with Chapters 274 and 275 of the Saint Paul Legislative Code. (e) The adult conversation/rat) parlor shall be licensed as a corr,rersation/rap parlor under applicable provisions of -the Saint Paul Legislative Code. (3) Adult massage parlors or health clubs subject to the same conditions as those listed above in 60.554 (2) for adult conversation/rap parlors. (4) Adult saunas subject to the same conditions as those li�:ced_above in 60.554 (2) for adult conversation/rap parlors. Section 7.- IThat Section 60.563 (2) of the Saint Paul Legislative Code pertaining to adult uses permitted in a B-5 Zoning District subject to special conditions be and is hereby amended as follows: (2) Adult uses conversation/rap parlors subject to the following conditions: i (a) The use adult conversation/rap parlor shall be located at i( least 300 radial feet from any other adult use measured in a straight line from the closest points of the buildings in which the adult uses are located. (b) The use adult conversation/rap parlor shall be located at least 100 radial feet 'from any residential use measured in a straight line from the closest point of the building in iwhich the use adult conversation/rap parlor is located to the building in which the residential use is located. (c) The use adult conversation/rap parlor shall not be located within a building also used for residential purposes. (d) All signs shall comply with Chapter 66 of the Zoning Code ( anti with Chapters 274 and 275 of the Saint Paul Legislative Code. (e) The adult conversation/rap parlor shall be licensed as a conversation/rap parlor under applicable provisions of the Saint Paul Legislative Code. 3) Adult massage parlors or health clubs subject to the same conditions as those listed above in 60.554 (2) for adult conversation/rao parlors. 1 48 (4) Adult saunas subject to the same conditions as those listed above in 60,554 (2) for adult conversation/ran parlors. Section 8. That Section 60.612 of the Saint Paul Legislative Code pertaining to principal uses permitted in I-1 Industrial Districts be amended so as to add the following: (24) Ad1;1t bookstores subiect to the following conditions: �a) The adult bookstore shall _be_located at least 1320 _radial feet from anv adult use measured in a straight line from the closest points of the buildings in which the adult uses are located. (b) The adult bookstore shall be located at least 1320 radial feet from anv residentiallv zoned property in anv municipality measured in a straight line from the closest property line of the property on which an adult bookstore is located to the closest residentially zoned property line. (c) The adult bookstore shall be located at least 1320 radial feet from anv "_protected use." defined as: a building used ent?rely fur residential purposes, a day care center where such day care center is a principal use, a house of worship, a public librarv, a school (public, parochial or private elementarv, junior high or high school),a public park, a public plavground, a public recreation center or a public specialized recreation facility. The distance shall be measured in a straight line from the closest property line of the property on which an adult bookstore is located to the closest property line of the property on which is located an aforementioned protected use. (d) The adult bookstore shall be located at least 50 radial feet from anv retail or service business dealing directly with consumers, measured in a straight line from the closest property line of the property on which the adult bookstore is located to the closest property line of the prouerty on which is located a retail or service business dealing directly with consumers. (e) Conditions (b)-(d)_mav be waived by the planning commission if the person applying for the waiver shall file with the planning administrator a consent petition which indicates approval of the proposed adult bookstore by 90 percent of the property owners within 1320 radial feet of the lot on which the use would be located: the planning commission, in considering such a waiver, shall make the following findings: that the proposed use will not be contrary to the 49 P I Public interest or injurious to nearby prooerties. and that the spirit and intent of the ordinance will be observed: that the proposed use will not enlarge or encourage the J development of a "skid -row" area: that the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement either residential or non-residential: and that all apolicable regulations of this ordinance will be observed. (f) All signs shall comply with Chapter 66 of the Zoning Code and with Chapters 274 and 275 of the Saint Paul Legislative Code. ' (25) Adult cabarets subject to the same conditions listed above in 60.612 (24) for adult bookstores. (26) Adult mini -motion picture theatres subject to the same conditions as those listed above in 60.612 (24) for adult bookstores. (27) Adult motion picture theatres subject to the same conditions as those listed above in 60.612 (24) for adult bookstores. 28) Adult uses other than adult bookstores. adult cabarets, adult conversation/rap parlors, adult massage parlors, adult health clubs, adult mini -motion picture theatres adult motion picture theatres and adult saunas, subject to the same conditions as those listed above in 60.612 (24) for adult bookstores. Section 9. That Section 412.02 (2) of the Saint Paul Legislative Code pertaining to massage parlors, saunas, etc., be and is� hereby amended as follows: (2) "Massage" means the rubbing, stroking, kneading',t tapping or rolling of the body with -the -hands, for the exclusive purposes of pleasure, relaxation, physical fitness, or beautification, and for no other purposes;... Section 10. This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. i i S APPENDIX A NAMES AND ADDRESSES OF EXISTING ADULT USES Adult Bookstores Union Bookstore 674 University Adult Motion Picture Theatres Faust Theatre 626 University Flick Theatre 621 University Adult Cabarets attached to bar? Belmont Club* 615 University Casey's Taverns* 2545 West 7th Street Lamplighter Lounge* 160 West Larpenteur Payne Reliever* 899 Payne Avenue Playboy Lounge 361 West 7th Street Seventh Street Trolley 880 East 7th Street Adult Health Clubs Comfort Center 749 North Milton Como -Rice Club 606 Rice Street Cosmopolitan Club 965 Arcade -Street Cosmos 843 Rice Street Emporium 1075 Hudson Road Lee Lenore's Club 740 North Snelling Avenue Pam's Holiday Lounge 540 North Prior Avenue Red Carpet 613`Grand Avenue Scandia Health Club 57 West 7th Street Speakeasy 927 University 51 i 1 I I I I52 I I TO: FROM: APPENDIX B MEMORANDUM DISCUSSING ISSUES RAISED DURING PUBLIC REVIEW Zoning Committee Mark Vander Schaaf MEMORANDUM DATE: July 27, 1987 SUBJECT: Adult Entertainment 40 -Acre Study: Summary and Analysis of Issues Raised During Public Review Introduction The following memo on adult entertainment is in two parts. Tho first part considers the major issues raised during public review of the 40 -acre study. For each issue, the memo states the issue, provides a summary and aiialysis of the issue, and states the staff recommendation regarding the issue. 'f'ze issues are as follows: 1. Street -Prostitution (Memo Page One) 2. Potentially Dangerous Patrons of Adult Businesses (Memo Page Three) ' 3. Sufficiency of Distance and Spacing Requirements (Memo Page Four) 4. "Combat Zones" and "Welcome Mats" (Memo Page Five) 5. Site -Specific Isolated Adult Zone (Memo Page Six) 6. Health Clubs, Massage Parlors, etc. (Memo Page Six) 7. Changes in Adult Uses (Memo Page Seven) 8. Potential Proximity of Adult Uses to Municipal Baseball Facility (Memo Page Seven) 9. Proximity to Commercial Uses (Memo Page Eight) 10. Permitted Use or Conditional Use (Memo Page Eight) The second part of the memo is a summary of the proposed amendments to the Zoning Code (p. 9). iMajor Issues Raised During Public Review 1. Street Prostitution ISSUE: To what extent and under what circumstances does adult entertainment contribute to street prostitution? 1 53 July 27, 1987 Page Two SUMMARY: Much testimony at the public hearing centered on the perceived relationship between adult entertainment and street prostitution. Residents in the area of University and Dale consistently testified that adult entertainment has contributed to street prostitution in the area by creating an image of a "sex for sale" district. The Police Department acknowledged the connection by voicing the concern that a new and/or different concentration of adult entertainment in the city could create a second area of street prostitution. On the other hand, the Police Department argued that street prostitution is not associated with certain types of adult entertainment (notably isolated cabarets and health clubs). ANALYSIS: Adult entertainment in the University/Dale area clearly creates a "sex for sale" image which makes the area an attractive market for street prostitutes. Nevertheless, the evidence suggests that there 1 are also other variables that make this neighborhood a center for street j prostitution. These variables include: - Character of surrounding neighborhood. Typically,.both adult businesses and street prostitution are found in economically and socially marginal areas where the neighborhood has fewer resources to deal with its problems. When the sorrounding neighborhood is residential, prostitutes are more protected from the law because they can pretend to be ordinary pedestrians. At the same time, ordinary pedestrians then become mist;iken for prostitutes by clients looking for sex. - Concentration of adult businesses. The presence of several adult businesses in one area creates a "sex for sale" image that an isolated adult business would not. - Composition of adult businesses. In many cities, adult bookstores and movie theatres are associated with the most serious land use problems. This pattern persists in Saint Paul as well. All of the city's adult bookstores and movie theatres are within one block of the University/Dale intersection. The proposed zoning ordinance is addresses all three variables mentioned above: - Character of surrounding neighborhood. Two aspects of the proposed amendment address this issue. First, by confining adult uses to industrial zones, the amendment limits adult businesses to areas where street 54 July 27, 1987 Page Three prostitutes would be readily identifiable because pedestrian traffic is low. Secondly, by requiring a 1320 foot (2 1/2 block) buffer zone between adult uses and residential areas, the proposed amendment would ensure that the immediate negative land use impact of adult businesses would not occur in residential areas. Staff acknowledges that it would be desirable to increase the size of the proposed buffer zone. Unfortunately, given Saint Paul's residential settlement patterns, it is not possible to do so significantly. For example, a buffer zone of 2000 feet (3 1/2 blocks) would resu:c in no land available for adult uses outside of the airport and the sewage treatment plant. Such an ordinance would almost certainly be determined to be unduly restrictive by a court. - Concentration of adult businesses. The proposed amendment would require that there be a minimum distance of 1320 feet (2 1/2 blocks) between individual adult businesses. Staff believzs that this spacing requirement is sufficient to deconcentrate future adult businesses. While it would be desirable to increase the distance requirement, this would make the proposed amendment excessiNsly restrictive unless other proposed requirements were relaxad. - Composition of adult businesses. The proposed amendment focuses the most restrictive zoning requirements on the adult businesses most often associated with a negative impact on surrounding neighborhoods -- visually -oriented businesses (bookstores, theatres, cabarets). RECOMMENDATION: Retain the elements of the proposed amendments which relate to this issue --most stringent zoning requirements applied to adult bookstores, theatres and cabarets; 1320 feet between individual adult uses; limit adult bookstores, theatres and cabarets to industrial zones; 1320 feet between residential/protected areas and adult bookstores, theatres and cabarets. 2. Potentially Dangerous Patrons of Adult Businesses ISSUE: Do patrons of adult businesses pose an immediate threat to people in the areas surrounding such businesses? SUMMARY: Many citizens are concerned that at least some of the patrons of adult businesses pose a threat to others in proximity to adult businesses. It has been suggested that sex offenders or potential sex 55 July 27, 1987 Page Four offenders frequent adult businesses.' Also, residents in the University/Dale neighborhood allege that patrons of adult businesses discard "hard core" pornographic literature on public streets and alleys, and in private shrubbery and trash cans near the place where the literature was purchased. Such literature then becomes available to 1 minors even though its sale to minors is prohibited. 4 ANALYSIS: Residents in the University/Dale area report frequent sex- related harassment by pedestrians and motorists in the neighborhood. jj Although it cannot be proved that the harassers are patrons of adult businesses, it is not unreasonable to suspect such a connection. The Aurora -Saint Anthony Block Clubs presented testimony in the form of discarded pornographic literature allegedly picked up on the streets, sidewalks, bushes and alleys near adult businesses. The literature is extremely graphic, even on the cover, and it is appropriate to use zoning to minimize the likelihood that minors will be exposed to such material just because they live in a particular neighborhood. ` RECOMMENDATION: Retain the element of the proposal which creates a 1320 I(2 1/2 blocks) foot buffer zone between visually -oriented adult uses and residential and other protected areas. This buffer zone will help ensure that patrons of adult businesses will not be found as pedestrians in a residential/protected area. The current smaller buffer zone (200 feet in B-3, I-1; 100 feet in B-4, B-5) is appropriate for patrons of adult health clubs because the number of patrons served by such businesses is smaller (they are more labor-intensive) and because they are not issoclated with printed materials which can be discarded in the neighborhood. 3. Sufficiency of Distance and Spacing Requirements ISSUE: Should the distance and spacing requirements be made more stringent? SUMMARY: Many of those who testified at the public hearing --both opponents and proponents of the proposal --encouraged the Planning Commission to make the ordinance tougher by increasing the required distance between adult uses and residential/protected areas, and by increasing the required spacing between individual adult uses. ANALYSIS: As discussed above (Issue #1), staff agrees that it would be desirable to increase both the distance and spacing requirements, but that to do so would seriously threaten the legality of the ordinance. The spacing between individual adult uses could be increased significantly if other requirements were relaxed. On the other hand, the distance between adult uses and residential/protected areas cannot be significantly increased because of Saint Paul's residential settlement patterns. The proposed amendment represents a balance that is felt to be both legally sound and sufficient to alleviate land use problems associated with adult entertainment. 56 July 27, 1987 Page Five r RECOMMENDATION: Retain the elements of the proposal which relate to this issue --1320 feet between all individual adult uses; 1320 feet between residential/ protected areas And adult bookstores, movie theatres and cabarets; 200 feet between residential areas and adult health clubs in B-3 and I-1 zones; 100 feet between residential uses and adult health I clubs in B-4 and B-5 zones. 4. "Combat Zones" and "Welcome Mats" ISSUE: Would the proposed amendments create "combat zones" and/or a "welcome mat" to adi It businesses wishing to locate in Saint Paul? SUMMARY: Some who testified at the public hearing maintained that the amendments would send a message that Saint Paul wants adult entertainment and is opening up the entire city to adult businesses. Some further maintained that Saint Paul would then gain several concentrations of adult businesses constituting "combat zones." ANALYSIS: For several reasons, this concern is the opposite of the effect the amended ordinance would have. First, the current Zoning Code permits adult uses in numerous locations throughout the entire city; the proposed amendments would limit adult uses to a small number of potential sites as far as possible from where y people normally live and shop. In short, rhe amen&v.en: would be the 1 opposite of a "welcome mat." The current pr. -,visions were. vassed at a time when it was believed that the law required municipalities to provide large numbers of "commercially viable" sites for adult businesses. In 1986, however, the United States Supreme Court seemed to give municipalities permission to institute stricter zoning regulations regarding adult entertainment. In this new legal environment, the best way to "put out the welcome mat" for adult businesses would be to fail to enact stricter regulations. Secondly, a "combat zone" for adult entertainment is a concentration of a relatively large number of adult businesses in close proximity to each other. The proposed amendments prohibit new concentrations (requiring 1320 feet between individual adult uses). Moreover, they would not apply to existing adult uses which would be "grandfathered" into their current locations as legally nonconforming uses. Because the numbers of adult businesses in Saint Paul and other cities have declined dramatically in the last decade, it is likely that few (if any) adult businesses will locate in the areas remaining available to them under the amended Zoning Code. The intent of the proposed amendments is simply to ensure that any new adult businesses will be far from where people live. ` RECOMMENDATION: Retain the elements.of the proposed amendments which relate to this issue. 57 July 27, 1987 Page Six ( S. Site -Specific Isolated Adult Zone ISSUE: Should the City limit adult entertainment to a specific area isolated from the rest of Saint Paul? SUMMARY: Some who testified suggested that it would be preferable to limit adult uses to one specific area of the city totally separated fom residential and related land uses by strong natural or human barrier:.. l Most were not specific as to where this should be, although a few {1 mentioned "down by the sewage treatment plant." ANALYSIS: As discussed above (Issue 1), there really are ao places in Saint Paul which are a great distance from where people live. Those which are farthest from human settlement are in fact the areas available under the proposed amendments. Although there is land near the sewage treatment plant which could be developed, its low-lying character makes it both environmentally sensitive and expensive to develop. Much of this land is currently without adequate public infrastructure. The lack of -infrastructure is problematic for two reasons. First, it would be inadvisable to limit. adult uses to places without street access. Secondly, the City would correctly balk at installing expensive public infrastructure simply to accommodate adult uses. Finally, such a zone would indeed be a "combat zone" which have been associated with unusually high crime rates in cities elsewhere in the nation that have tried such an approach. RECOMMENDATION: Retain the approach of the current proposal --limit adult uses within existing zones rather than concentrating them into a single isolated zone. 6. Health Clubs, Massage Parlors, etc.` ISSUE: Should health clubs and other touch -oriented adult businesses (health clubs, massage parlors, etc.) be treated less rigorously than visually -oriented establishments (bookstores, movie theatres, etc.) by the Zoning Code? SUMMARY: Some citizens at the public hearing advocated treating all adult entertainment businesses equally. Nevertheless, it was admitted by residents of The University/Dale neighborhood that problems associated with the adult theatres and bookstores were a higher priority for them. Moreover, the Police Department testified that street prostitution and prostitution within health clubs are two separate problems and that therefore health clubs are not associated with street prostitution in surrounding neighborhoods. ANALYSIS: Staff proposes as a prudent guideline that the number of adult businesses which could be located within the city under the revised Zoning Code should be no smaller than the number of adult businesses currently existing in•the city. The proposed stricter standards would 1 58 July 27, 1987 Page Seven provide businesses at most. Currently, p e space for 10-12 adult b y. there are 19 adult businesses in -the city --9 visually -oriented (bookstores, theatres and cabarets) and 10 touch -oriented (health clubs). Because the stricter standards cannot prudently be applied to all 19 establishments, it seems reasonable to identify the businesses j associated with the most serious land use problems and to apply the j stricter standards to them. RECOMMENDATION: Retain the proposal to apply stricter zoning standards to visually-ctiented businesses than to touch -oriented businesses. Develor zoning administrative procedures to ensure that adult health dubs and massage parlors will be licensed as health clubs or massage parlors, or else reclassified as adult uses subject to more stringent zoning requirements. 7. Changes in Adult Uses ISSUE: Will adult businesses be able to change from one type of adult use to another while preserving their "grandfather" legal nonconforming ase status? SUMMARY: Several planning commissioners were concerned with a potential i unintended result of the proposal to have more stringent zoning requirements for visually -oriented adult establishments than for touch - oriented adult establishments. It was feared that adult businesses F might change from one use to another to avoid tough zoning, and then change again to avoid tough licensing (of the touch -oriented establishments). ANALYSIS: This is a legitimate concern and one which should be addressed through revision of the proposed amendments and through establishing administrative procedures to prevent the feared loophole. RECOMMENDATION: Revise the proposed amendments to make each type of adult use a separate line item in the Zoning Code. That way, any change within the adult use category would be considered a change in use which would result in the forfeiture of "grandfather" legal nonconforming use status. The amendments should also be revised to make appropriate I licensing a condition for classification as a touch -oriented adult business. Apprupriate administrative procedures 'should also be developed to classify existing adult businesses as of the time the ordinance is passed. 8. Potential Proximity of Adult Uses to Municipal Baseball Facility ISSUE: Should adult uses be permitted close to Flatman Field, the municipal baseball facility? F 59 July 27, 1987 Page Eight SUMMARY: In public testimony, it was pointed out that the proposed C revision would permit adult uses in the vicinity of the municipal baseball facility. This was seen as undesirable because this facility is often used by minors. ANALYSIS: This concern is valid and legitimately should be addressed by revising the list of "protected uses" from which adult businesses must be separate. Such a revision would effect few potential sites and thus would not make the overall proposal unduly restrictive. RECOMMENDATION: Revise the proposed list of protected uses to include "public recreation center or public E;ecialized recreation facility." Visually -oriented adult businesses must be 1320 feet from any such protected uses.. l' 9. Proximity to Commercial Uses ISSUE: Should adult uses be prohibited from locating in proximity to commercial uses such as retail and service establishments, offices, etc.? SUMMARY: Some testimony stressed that, wi:i.le . it is desi.-able to prohibit adult uses near residential areas, such uses should also % prohibited from proximity to commercial uses because .they are iacompat:ble. ANALYSIS: By limiting adult uses to industrial zones, the pr.-Vp.)sed amendments reflect the conviction that adult uses are not compatible with other businesses. The problem is that there are some business uses I in I-1 and I-2 zones that would normally be found in B-2 or B-3 zones. It would be valid to make some provision to protect such uses from adult entertainment. 'However, such provisions should not be at the expense of residential protection which should remain the primary purpose of the amendments. RECOMMENDATION: Revise the.proposed amendments to create a 50 -foot buffer zone between any visually -oriented adult use and any retail or service business dealing directly with consumers. 10. Permitted Use of Conditional Use ISSUE: Should adult uses be permitted uses not requiring a conditional use permit? SUMMARY: Assistant City Attorney Jerry Segal reports that legal challenges to Saint Paul's adult entertainment zoning provisions include the charge that the requirement for a special condition use permit makes possible arbitrary treatment of adult businesses. He further suggests that the public hearing procedures accompanying special condition use permits are unnecessary for adult uses because. the granting of a permit 60 N July 27, 1987 Page Nine 0. J will be automatic if certain technical requirements are met. Therefore, adult uses should be reclassified as permitted uses subject to the fulfillment of specified requirements. ANALYSIS AND RECOMi`IENDATION: City Attorney Segal will explain in greater detail his concern regarding this issue. Staff notes that the special condition requirement is in harmony with Saint Paul's tradition of citizen participation --it provides a mechanism for notifying surrounding residents and businesses of the potential presence of a new adult business in their midst, and allows them to express their concerns in a public forum. On the other hand, it leads citizens to believe that their input might be able to prevent the establishment of the :,:sw use when in fact they cannot. If this procedure significantly th_eatens the legality of the ordinance, staff recommends that it be revised. Summary of Proposed Amendments to Zoning Code 1. Retain the land use provisions of the current Zoning Code for the following types of adult uses: adult health clubs, adult massage parlors, adult saunas, adult conversation/rap parlors. - Permitted in B-3 (general business) and I-1 (industrial) zones subject to the following conditions: C1320 feet between individual adult uses; 200 feet between the adul-t use and residentially zoned areas. I- Permitted in B-4 and B -S (downtown) zones subject to the following conditions: 300 feet between individual adult uses; 100 feet between the adult use and residential uses. ` - Include as a special condition that these businesses be licensed as health clubs, massage parlors, saunas or conversation/rap parlors. 2. Revise the lanFuse provisions of the current Zoning Code for the following types of adult uses: adult bookstores, adult cabarets, adult mini -motion picture theatres, adult motion picture theatres, other adult uses. - Permitted in I-1 and I-2 (industrial) zones subject to the following conditions: 1320 feet between individual adult uses; 61 ' July 27, 1987 Page Ten l - 1320 feet between the adult bookstore, cabaret, etc. and residential 'areas and between the adult bookstore, cabaret, etc. and certain protected uses; 50 feet between the adult bookstore, cabaret, etc. and any retail or service business dealing directly with consumers. 3. Revise all definitions of adult uses to refer to "specified sexual activities" and "specified anatomical areas" as well as to activities off-limits to minors. J . MEV/bp cc: City Councilmembers Jerry Segal Lee Ann Turchin Jan Gasterland Jim Bellus Jim Frank Al Lovejoy Carolyn Bailey Larry Soderholm Joe Carchedi I 1 I l l I62 iAPPENDIX C city of saint paul c planning commission resolution file number 87-92 date Aua u s t 14. 1987' WHEREAS, the City Council on November 13, 1986 adopted a resolution initiating a 40 -acre study of adult entertainment in Saint Paul for the purpose of amending the Zoning Code; and I WHEREAS, the Zoning Committee of the Planning Commission reviewed suggested amendments and recommended a public hearing; and WHEREAS, pursuant to Minnesota Statutes 462.375(5), the Planning Commission held a public hearing on the proposed amendments at its June 26 and July 10, 1987 meetings; and WHEREAS, the Planning Commission has determined: 1. That the number of real estate descriptions affected by the amendments renders the obtaining of written consent impractical; 2. That a survey of an area in excess of 40 acres has been made; 3. That a determination has been made that the amendments to the Zoning Code proposed are related to the overall needs of the community, to existing land use, and to plans for future land use; and 4. That pursuant to State Statutes proper notice of the hearing was given in the Pioneer Press and Dispatch on June 9, June 16, and June 23, 1987. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends approval of the Zoning Code amendments attached hereto in the 40 -acre study proposing to restrict certain types of adult uses to I-1 and I-2 Zoning Districts only, subject to certain other conditions, and directs the Planning Administrator to forward the study and this resolution to the Mayor and City Council for their review and action. moved by MORTON seconded by LEVY in favor Unanimous against 63 i t 1 64 CREDITS Administration and Policy Direction: James J. Bellus, Director Peggy A. Reichert, Deputy Director for Planning 1 Allen P. Lovejoy, Acting Deputy Director for Planning j Lawrence Soderholm, Principal Planner Planning and Research Mark E. Vander Schaaf, City Planner 1 I 1 I I I — i 1 I. 65 Attachment 3 CITY OF fAr.- 33530 1 ST WAY SOUTH TO: Planning Commission Memb rs FROM: Stephen Clifton, AIC Director of Community evelopment Services DATE: February 2, 1999 (253) 661-4000 FEDERAL WAY, WA 98003-6210 RE: February 3, 1999 Adult Retail Hearing - Additional Record Materials Attached is Part I of a two-part exhibit called "Studies of Secondary Impacts Of Adult Entertainment," additional court decisions, police records, declaration submitted by and copies of magazine photos from Marilyn Petersen, and declaration submitted by and copies of magazine photos from Londi Lindell. These documents are for your review prior to subject hearing. Please note that the copies of magazine photos are sexually explicit in nature and could be offensive. Please use your discretion as to their dissemination/disclosure. 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C° m .°.+ O L C d 7` C G C a cc V tC y Oc d O C '7 C :i w ,� Cy a' .7 •O C N .o ea ,. o E $"_ d E m o w> y m 3 s $ C 'S c o• o c ° N a x C m tm. v ` aCa O O •L be m O V p tL+ - C N L GL m Tc c m m$ m° m m L d o o a S o E° c s a o a m rr? x .. 31 d S c a c o a w = m •c �° c ._ c 4 0 an d m a` fl E a °� _ p a m— o c w e .s r o d e o s TS m o= W C $ • c 'c a°> c m> o a ; c a v u �. y c w E "' o m: E c $ m o m$ E- m -c = N c2; m — m. m o m a ie d o E c E m c D TS d cn "'cc c k E? d =_ > s a c o c 8 y a m iv a a R c m a wr, - c$ STS c m$ y° a Y w ° v .`. m .° y s. _ C °c Y �° o j x C s c r .c $ o .r r d >$ E a y__ c c .E g �' aC $ F v °, 3 e a u r3 E u R a a s F 3-3 c cR __ C g $ ? °= c d pN� L L 1 2 3 4 5 6 7 8li! 9 10' 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 STUART SCUDDER, City Attorney, Bar No. 48644 CITY OF GARDEN GROVE 11391 Acacia Parkway Garden Grove, CA 92640 (714) 741-5367 Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE THE PEOPLE OF THE STATE OF CALIFORNIA, ex rel STUART SCUDDER, City Attorney of the CITY OF GARDEN GROVE, a municipal corporation, Plaintiff, VS. WALDON RANDALL WELTY, an individual; A -Z BOOKS, INC., a California corporation; AND DOES 1 THROUGH 20, INCLUSIVE, Defendants. CASE NO. X 60 53 95 DECLARATION OF HERBERT HALL, CUSTOMER OF ADULT BOOK STORES I, HERBERT HALL, do state as follows: 1. That over the past ten (10) years I frequented the adult book stores in Garden Grove until July 1989, when I was diagnosed positive for the HIV virus. Those visited include the A -Z, 8192 Garden Grove Boulevard; the BIJOU, 8745 Garden Grove Boulevard; the PARTY HOUSE, 8751 Garden Grove Boulevard; the GARDEN OF EDEN, 12061 Garden Grove Boulevard; and Mike's HIP POCKET Book Store, 12686 Garden Grove Boulevard. In the past three (3) ,years, I have not visited the "HIP POCKET" or "GARDEN OF EDEN" bookstores. Police & other 0000000689 City Records III - A 1 2 3 4 5 6 7 8 9' i 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That I have completed a narrative of some of my Personal observations at the "A -Z;" "BIJOU," "ADULT," and "PART HOUSE" bookstores. This narrative is based entirely on my I personal observations and is attached as Exhibit "A". 3. That since August 1989, I have not been a participant at any of the bookstores, but I have been to the A -Z, BIJOU, and the ADULT bookstores within the last month to observe and can state that the conditions set forth In Exhibit "A" still exist. 4. That the male prostitution described in Exhibit "A" occurred within the past two (2) years and similar male prostitution is occurring currently. I declare under penalty of perjury that the foregoing is true and correct of my personal knowledge. Executed this day of November, 1989, at Garde. Grove, California. 60s1G:11/06/89 0000000690 2 - ' 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OCTOBER 26, 1989 My only purpose going to the bookstore was to pick up a sex partner. I would stav out cruising the parking lot, and then would stop and park. Only a few minutes would pass and I would have a male approach me and ask me what I would like. I would state I was just looking for action. The next question that was almost always asked, are you a cop. I would state no, and almost instantly he would start feeling his private area and state I will give you head for $20. I stated I didn't do sex. for money. I would then go inside the bookstore. I would say that there was usually four to five solicitors in the lot at one time. I constantly watched guys get into the cars (guys that approached me for money) and drive off and return 20 to 30 minutes later. I knew they were only driving a few blocks away or around the corner and having sex in the car. Most of the time it wouldn't take long and the same person would be back in another car, driving off with another person. Mostly if was younger guys picking up on older men. On a normal cruising night there could be SO to 100 cars' just cruising the area looking for sex. Most of the time, most; just cruised flashing lights, parking in varking lots, getting out talking to each other. Then usually one guy would get into the: other guy's car and drive off for a half hour and then return.; Cars were always stopping in he middle of the road, driveways, and i business parking lots. After the contact was made, sex usually; occurred in the surrounding neighborhood. this is the way I� usually conducted my activity. I would say that 65-70 percent was; done this way. Then I would hit the bookstores. I p 0000691 ld ate ;, AN 1 2 3 4 5 61' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 from my personal experience that 90 percent of the bookstore-. intention for business is to promote sexual activity. I lookta� for bookstores that had doors that locked so I could have sex. I1 never occupied another booth with another person because I was: afraid of being caught. But, I was very seldom in one, when II didn't see two guys coming out of a stall. I looked for, bookstores that had holes cut into the walls. These holes were big enough that oral sex could be conducted. One time I thought I was having oral sex through the hole and discovered it was anal.; Many times I would enter the booth and the guy would shove his, penis through the hole without even saying a word`, wanting head.! Many times I was offered a rubber so I could have anal sex.. Always the bookstore was dirty. I would see used condoms on the: floor, dirty paper towel, semen on the floor and advertisement+ written on the walls for sex and phone numbers. People alwa, watched who went into a certain booth, and if they werei interested, they would go into the next one to have sex. Most of the time I would watch other sex acts from the hole. I got to; know a lot of male prostitutes even though I wouldn't pay for: their services. I new one guy by the .name of Tom who showed mei $200 he made in one night. Tom told me he also did heroin and had been in and out of jail for robbery and drugs. Several times I would give Tom a ride to Buena -Clinton area where I new he bought - drugs. I would never give him a ride back because I didn't wanti. to get caught with him with drugs and I didn't do drugs. Tom. always offered me some and I declined. Tom always told .me how much money he made doing prostitution and drugs. He also told me how he would jack roll older clients because they couldn't deft 0000000692 - 2 - 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 23 1 I 24 25 26 27 28 . t i I themselves and they wouldn't report it to the police because of publicity. I observed Tom beat a guy up one night outside they bookstore for not paving him back for drugs. Then another night this male prostitute by the name of Carl stated he had this girl I� could get with for $30. I gave him the money and the girl wasn't there. I was going to beat Carl uo for ripping me off. Carl wasl arrested for robbery before I got the chance. I went to the bookstore mainly for sexual purposes. There was nowhere else I could go where I could find everything I was looking for. I new the bookstore owners knew what was going on but was only looking for money. I look back on how these) bookstores have ruined my life. They aren't there for personal) enjoyment. They are there to promote sex, violence, prostitution) and selling of drugs. When a owner knows illegal activity .is happening and does nothing to prevent it, he should be closed down' for public safety. This is illustrated b holes in the wall for P y � sex. If holes weren't there or doors weren't there, I can guarantee there would be none or little business. 6010G:11/06/89 - 3 - 0000000693 1 2 3 4 5 6 7i 8 i 91 10 11 12 13 14 15 16 17 18 19 20 21 22' 231 24 25 26 27 28 DECLARATION OF OFFICER RICARDO BERMUDEZ I I, Officer RICARDO BERMUDEZ, declare and state that the foregoing Report or Reports (see below for numbers) is true and correct of my personal knowledge (except where indicated to be based on the statements of others). I declare under penalty of perjury that the foregoing is true and correct. Executed this _ I -? day of September, 1x89, at Garden Grove, California. OR No. R8916740 OR No. R8823209—,'cH'P0'o'tR OR No. R8823203 �� DR No. R8823287 5938G:09/14/89 RICARDO BERMUDEZ— 0000000694 GARDEN GROVE POLICE DEPARTMENT REPORT OF ARREST NEIGNT 5 -H DATE I 84 TIME LOQaION OF ARREST 3010 6iqa G6 St_Vo 6 1z1J bU 006 - q TEAM ix ARRA "OF By C 01 PATROL OFFICER C 02 DETECTIVE/INVESTIGATOR C 03 YOUTH SERVICES OFFICER = 05 TRAFFIC OFFICER C 06 OFF DUTY OFFICER ❑ 07 PRIVATE SEC C 06 CIVILIAN - MEL SECTION(S) CHARCM31 = T 6QM ARREST ONLY V2 MISDEMEANOR FELONY "RM+T . POSITION OF ADULT T CITATION = 2 JAIL Z 3 OTHER DISPOSITION OF JUVENILE C 1 PETITION = 2 DETAINED C 3 INFORMAL L STATVs A ENDIN FATHER/ P/G ADDRESS CRY QUIT = SUSPENDED AGE �a �Ov SIU /OPER'— OTHER POLICE 13:- c 3: S.oucm FOR LE'Wo CO /JOUCT 1A) Pu8tt(, PLACC DEPT Crm I/OOOIWrC+r REASON POA REL] G MINOR CONFINED TO AT GGPD SCHOOL Crrr MOTHERISrEP/GUARDIAN PHONE I CTrY CSI WORK PERFORMED FINGERPRINT _ MUGGE7 <BOTH = NEITHE- GRADE VEHICLELICENSE • ST YEAR HAKE MODEL COLOR a FYD5"]y CA 8-1 C HEvY C^1-1 ArO � c a � f� MN . MILEAGE OOMPOWLE R/QiS PHOTO TAKEN 07 4 8 64as 0 No YES X� NO VEHICLE MISC LOCATION OF VEHICLE MINED n - 0110ERf0 SY -7a►5 G-6 6%-y GRIM' REGISTERED OIVNER ADDRESS CrTY ! �5E-L CHRISTIilE: SAA ; OFFICER ISADGE o TRANiPomnNe o"ImRimAo" / SUPE I E d "r'I: "7- A0,306 s GT :PTE 0 A a p 4 I t ri .ORE/ d= 4/89 '1 0000000695 ADULT Cl JUVENILE Af REFT M DR 821- b'I y O NAJA . LAST 5-11UjFlRT POST OokjA L -D MIOOLE AKA6811MONWER 11 C'u) A RT 00 ^l F1 �. O LEE RESIOENcE • 8 ui EE15 A 'A aa, AvJ A A SIME R a 804 CA p 3w (7 14 ) 9 9 5 - 15: , EiAPLOI'ED L ONU bEAC)i COMM NSP 1-IbI0 TEAMING SWE •8. 90604 PHONE () H91- 800 ONVE14SSE • ' 10440819 CA �IRTMLACE LNoMIQ6 OOLtNVN N ACLOLIN iAn1r SOCIAL SECtMYTY . 55 113-(oa-8co�� SEX, RAS ITE I O HISPANIC ❑ BLACK C AMERICAN INDIAN = CHINESE - F Z JAPANESE C FILIPINO C PACIFIC ISLANDER ❑ OTHER NEIGNT 5 -H DATE I 84 TIME LOQaION OF ARREST 3010 6iqa G6 St_Vo 6 1z1J bU 006 - q TEAM ix ARRA "OF By C 01 PATROL OFFICER C 02 DETECTIVE/INVESTIGATOR C 03 YOUTH SERVICES OFFICER = 05 TRAFFIC OFFICER C 06 OFF DUTY OFFICER ❑ 07 PRIVATE SEC C 06 CIVILIAN - MEL SECTION(S) CHARCM31 = T 6QM ARREST ONLY V2 MISDEMEANOR FELONY "RM+T . POSITION OF ADULT T CITATION = 2 JAIL Z 3 OTHER DISPOSITION OF JUVENILE C 1 PETITION = 2 DETAINED C 3 INFORMAL L STATVs A ENDIN FATHER/ P/G ADDRESS CRY QUIT = SUSPENDED AGE �a �Ov SIU /OPER'— OTHER POLICE 13:- c 3: S.oucm FOR LE'Wo CO /JOUCT 1A) Pu8tt(, PLACC DEPT Crm I/OOOIWrC+r REASON POA REL] G MINOR CONFINED TO AT GGPD SCHOOL Crrr MOTHERISrEP/GUARDIAN PHONE I CTrY CSI WORK PERFORMED FINGERPRINT _ MUGGE7 <BOTH = NEITHE- GRADE VEHICLELICENSE • ST YEAR HAKE MODEL COLOR a FYD5"]y CA 8-1 C HEvY C^1-1 ArO � c a � f� MN . MILEAGE OOMPOWLE R/QiS PHOTO TAKEN 07 4 8 64as 0 No YES X� NO VEHICLE MISC LOCATION OF VEHICLE MINED n - 0110ERf0 SY -7a►5 G-6 6%-y GRIM' REGISTERED OIVNER ADDRESS CrTY ! �5E-L CHRISTIilE: SAA ; OFFICER ISADGE o TRANiPomnNe o"ImRimAo" / SUPE I E d "r'I: "7- A0,306 s GT :PTE 0 A a p 4 I t ri .ORE/ d= 4/89 '1 0000000695 GARDEN GROVE POLICE Dtr-mv mENT SU 1LEMENTAL TO ARREST FA`_ PAGE 5n-u)F1f;•1 LbNPi Q NAME r OR v�7y0 DESCRIPTIVE DETAIL 'AIR LENGTH COMPLEXION BUILD SPEECH _ .o1 -UNKNOWN ❑ 01 -UNKNOWN ❑ 01 -SMALL O 01 -UNKNOWN 3-RECEDING 2 -PALE 2403 W02 -THIN ❑ 02 -RAPID ;�42-SALO -LIGHT O 03 -MEDIUM 15W -SLOW 04 -THINNING O 04 -MEDIUM ❑ 04 -MUSCULAR ❑ 04 -TALKATIVE 05 -SHORT ❑ 05-RUODY O 05 -LARGE ❑ 05 -SLURRED 06 -COLLAR ❑ 06 -TANNED O 06 -STOCKY O 06 -MUMBLES = 07 -SHOULDER C 07 -DARK O 07 -FAT ❑ 07 -STUTTERS = 08 -LONG ❑ 08 -FRECKLED ❑ 06 -USPS ❑ 09 -ACNE GEN'L APPEARANCE O 09 -HAIR UP HAIR STYLE ❑ 10 -POCKED ❑ 01 -UNKNOWN ❑ 10 -ACCENT = 01 -UNKNOWN P02 -WELL GROOMED = 02 -COMBED BACK FACIAL HAIR ❑ 03-DIRTY/UNKEPT C 11 -NON ENGLISH -STRAIGHT O 01 -UNKNOWN O 04 -UNUSUAL CDOR ft-WAVY/CURLY os IV02-CLEAN SHAVEN O 05 -DISGUISE -BUSHY C 03 -UNSHAVEN O 06-MILfTARY VOICE 06-AFRO/NATURAL O 04 -FUZZ '•- Q01 -UNKNOWN C 07, RgAIOED G 05 -MOUSTACHE ADD'L DESCRIPTIVE$ •05492 -SOFT _ OE -REASY C 06 -FU MANCHU O 01 -TWO CLR EYES 03 -PLEASANT OS _ITARY = 07 -LOWER LIP ❑ 02-CRS/LAZY EYE 04 -LOW PITCH 1C INK ^ 08 -GOATEE O 03 -DIMPLES C 05 -HIGH PITCH 11 3NYTAIL 0 09•SIDESURNS C 04 -PRC EAR/NOSE Z 06 -MEDIUM = 12 .'1AVEN C 10 -BEARD C 05 -CLEFT CHIN ;_ 07 -MONOTONE 13 . •tG C 11 -FAKE C 06 -POT BELLY = 08 -NASAL L. 12 -OTHER E:09 -RASPY FAQ : ` PHYSICAL ODD'TS C 10 -LOUD 01 . NKNOWN ❑ 01-AMPU/MIS LIMB = 11 -YELLED �02-'H1N TEETH ❑ 02-ARTFCL LIMB Z 12 -DISGUISED 03 -LONG = Ot -UNKNOWN C 03-CANE/CRUTCH = 04 -OVAL = 02 -BRACES O 04-CRPLO BOY PRT = 05 -HIGH CHKBONE = 03-GLD/SIL FRONT O 05 -DEFORMED '-SOUARE C 04-SRKN/CHIP O 06 -UMP -ROUND = 05 -CROOKED ❑ 07 -SPASTIC MVMTS 06 -DISCOLORED ❑ 08 -OTHER . C 07 -DECAYING O 08 -SPACE BETWEEN r 09 -MISSING C: 10 -NO TEETH CLCIT► NG LOCKER N SCARS/MARKS/TATTOOS CAP/ UNKNOWN �. COAT 'KT FACE SHIA W IfT T .S� 11 r NECK PAN- L L—V I SHLDR o =► SHO. _,,f\w0A,.5 FRONT TORSO GLA: ; _ 5 BACK TORSO in JEWELRY ARM .� MIRANDA ADVISEMENT , MIRANDA ADVISEMENT: You have the abWute right to nwnWn eUarR. 2) Anything you say can and will be used against you in a court of law. 3')"l G have the right to consult wtth an lo be represented by an ariorney and to have an attorney p oseru both before and during any quastioning. 4) If you cannot afford to hire an attorney. one 'll be appointed by the court free of char9a• to reprsaant you befog any questioning, if you wish. CUESTION: "Do you understand of the rights I have Awa sucplained to you?" ANSWER: (OUOTE) r.`I _*r Oi l- TION: "Having these rights in m are you willing to talk to me raw? • 44 iR: (OUVTE) i 1 IVISEMENT OF RIGKM GIVEN BY: JL^ DATE/TIME r+ARENT PRESENT: O YES C NO PARENT PRESENT OFFICER/BADGE& 0000000696 ST NARRATIVE SU SP : SUSP VEH : STEWART, Donald 831 Webster #22 Anaheim, Ca 1987 Chevy Camaro Red two door CA Lic 2FYD574 DR 89-16740 647(A) PC Page 1 of 2 9-30-46 995-7539 On 7-25-89 at approximately 2000 hours, I was working in an undercover capacity to as to prevent the lewd contact and street prostitution problem occurring on Garden Grove Blvd., specifically between Beach Blvd. and Magnolia Ave. We have received a continuous flow of complaints from both the local merchants and residents in regards to this problem. I drove my unmarked car to the rear of the A to Z bookstore, Located at 8192 Garden Grove Blvd.. Upon driving in a southbound direction to th- rear parking lot, I saw a male white adult, later identified as D. STEWART I ung in the front driver's seat of a Chevy Camaro, (suspect vehicle .escribed above.) I saw that the vehicle was backed in on the west side parking Lost facing in a south bound direction and that the front driver's window was rolled down. From my previous training, experience, and arrests, I knew that subjects frequently park in the back parking lot of adult bookstores along 3arden Grove Blvd. so as to meet other individuals who engage in the 3reviously described activity. Because of this, I parked my car next to the Chevy Camaro. My front driver's door was adjacent to STEWART'S front driver's ioor and I said "hi" to him out the window. STEWART then said, "hi" back and ie started to engage in small talk. STEWART asked me what I did for a living ind I told him that I hung drywall. He asked me if I was a "cop", (referring :o a police officer) and I said no. I asked STEWART if he parked behind the )ookstore often and he said yes, and asked me why I came back there. I told iim, "you know, to meet people and party." STEWART asked me what I was interested in and I said, "head". Head, is a street term used to refer to oral copulation.) STEWART then asked ie, "giving or getting." I said, "both." I asked STEWART,"what about you." ie replied, "the same." STEWART then asked me if I would like to go someplace with him 11i.s car and I asked him, "where". He said that he knew of a place not too Ar from here. I asked him where exactly we would be going and he told me, "I :now of an industrial area near Beach and Garden Grove Blvd.." I asked him shy would we be 0000000697 Immix • • El DR 89-16740 647(A) PC 'EST NARRATIVE Page 2 of 2 going to this location and he replied, "to do what we just talked about." And I replied, "you mean, head." STEWART nodded his head up and down while saying, yes. I asked STEWART "giving or getting." STEWART told me, "whichever you want or both." I then told STEWART, "you want me to get in -the car with YOU to go to the Industrial area so you can give me head." STEWART said, "yes." I agreed to this and told STEWART that I would prefer to follow him in my own car, to which he said, "ok." I then.followed STEWART west bound do Garden Grove Blvd. at which time he made a right hand turn into the Koll Business Complex. STEWART then parked along the west side of 7215 Garden Grove Blvd.. I got out of my car and walked to his open front passenger window. I asked STEWART, "Do you want to do it here, there is a lot of people around and it's still light." STEWART replied, "there will be no problem. I do it here all the time." Looking about where STEWART had parked, I saw that Garden Grove Blvd. was not too far away and that there was traffic going in both directions. I further saw that there were still several employees going to their vehicles in various parts of this parking lot. Since STEWART had solicited me to do a lewd act in a public place, that being the open parking lot of the industrial area located at 7215 Garden Grove Blvd., I gave a p*' arranged arrest signal to assisting investigators. They arrived at my location and I identified myself to STEWART, as a.GGPD Vice Investigator. I told him he was under arrest for 647(A) PC, Solicitation to commit a lewd act in a public place. I asked STEWART if he would rather have his vehicle left parked in the parking lot, or have it towed and he requested that we leave it locked and secured in the parking lot at the Koll business complex. STEWART was then handcuffed, searched and transported to the station. Upon arrival there, fingerprints and photographs were taken of him. I then ran a warrant request of him and no outstanding arrest warrants were found. Because of this, coupled with the fact that STEWART had valid Identification on his person, he was released under this written promise to. appear at Westminster Court house on August 25th 1989, for the charge of 647(A) PC, solicitation for a lewd act in a public place, under Garden Grove citation # 309239. I request that a complaint be filed against STEWART for 647(A) PC, solicitation to commit a lewd act in a public place.. 0000000698 CITY OF GARDEN GROVE NOTICE Th- MWAR 'RT '�1`� a,»ass � i�Q La�JL m-Bc� 08 0 09'7q sow 'q'30 `{ co'a ❑r A.c� L CJliw� 6 Rw� i-� D rear v[ /a .n v ur vw soa[ ❑wnsas Os ~#Amft m3rcmw "— .ct.Vc ft� d+.a %W an aUa in wm 40[ om CYC - Sm #Wwn 611+ sl coo[ slcnm octa.roM ❑ (o�{ "i f A) PL SO LL C MAorlO J FOX— ❑ Co No'.t CK I .J 6u c- ❑ s.ao rs,.ax wvw . e. sro wr sw% a OMA an I wls I a« V*.A"ot snw asM wwrwt atI PM I A.N w" oAv ol= o v Mw o"WNWISI &W cOMST1FD N IW /IiSl110E QlA7rm dl N�WOI At0 1 c gr*v UNOEII PtmMXV OF MALL Q DE �'OEGOsf iRE y M [ • !—a& Q1 A CUM CP DE Wsawft COLM y p — iMW SBFT. %ESWANS R G4iOOM WM w Q eat caW nwwc CWM - VOW MMM a ow.1" CM Ow11E'SOUIK CRAM*- CAU OIMA 829" /r N i » was TM #AMWM OF who r nt �IticvK oolsca ar ulrawr. 81Ev61R �[ 0000000699 1 2 3 4 5 6 7. 8. 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 DECLARATION OF OFFICER TODD ELGIN I, Officer TODD ELGIN, declare and state that the foregoing Report or Reports (see below for numbers) is true and correct of my personal knowledge (except where indicated to be based on the statements of others). I declare under penalty o'f perjury that the foregoing is true and correct. Executed this .__._L day of September, 1989, at Garden Grove, California. DR No. R8912227 DR No. R8912219 DR No. R8912214 DR No. R8906349— OR No. R8823107 -- 5938G:09/14/89 Z.. - � ZI-F ..... OF --- 0000000700 GARDEN GROVE POLICE DEPARTMENT REPORT OF ARREST XJ ADULT O JUVENILE RREST # OR 7L 3 y9 %NE . DIST FVtST MDD�E f dl -141( :AMJ HOW 3 yq�Gc/iBE�orc/ s T �vs �l�S� 74-JZGZr ( ) �f�7-Z7 APLO ED Sy,ADORE55 crrY �O.rotr.Po�, 3333,8�PiSTaG ST L�oST.�-�N3.� �%9• gZri re J4 -WEBS UCENSE • STATE BIRTHPLACE ocCA�ION iOCA� tEOtAwtTY . �v3 30/5-0 6-4 e.4. 7'72-Z3—`3 -5dD RACE WHITE C HISPANIC G BLACK O AMERICAN INDIAN O CHINESE eM —F C JAPANESE C FIUPINO G PACIFIC ISLANDER O OTHER Elow WEMW HAM VMS 006 Aim r Iy'' /ys zw ,P,✓ /2 -zo `S7 31 owpoa /7 - � lr UxQION a Z G. BLVD • � 6.5 WREST MADE w ao1 PATROL OFFICER C 02 DETECTIVE/INVESTIGATOR G 03 YOUTH SERVICES OFFICER C 04 SIWSPECIAL L11 = 05 TRAFFIC OFFICER C 0e OFF DUTY OFFICER C 07 PRIIAETE SEC C 00 CnnUAN ❑ 04 OTHER POUCE DE Evu = 1 SMWI ARREST ONLY - 2 MISDEMEANOA = 3 FELONY JuOICAL OISTPAcT .SPOSMON OF ADULT <1 CITATION = 2 JAIL = 3 OTHER MSPOSRION OF JUVENILE 1 PETITION = 2 DEUINED = INFORMAL ;CHOOL STATUS = ATTENDING = QUIT = SU NDED WHEO STEP! 3UAROLAN -m _ PHOW LICENSE • ST / / YEAR MAKE VEHI= M9SC e. i 'A e6 -A.46 /9le7- ii✓ WORM DER Wa REAWN POR RELEASE CBI WORK POWORMED O FINGERPRINT ❑ MUGGE NED 10RALT*4 O BOTH " Ai NEITHE C YES O NO ❑ YES ❑ NO Local N OF VEHKu VENCLJ< avouso TOWED my OLIO m N C YES NO ;TEROWNER ADDRESS CITY ED ARgEST1NO OFFICER/BADGE • TAAJ+SFORTWO OFFICER19ADOE F I--� 0000000701 www ow Ulm GARPO N GROVE POLICE DEPART' ?NT SUPF_cMENTAL TO ARREST FACE IrAGE Z. ;ESCRIPTIVE DETAIL .R LENGTH uT -UNKNOWN 02 -BALD 03 -RECEDING 04 -THINNING 2 05 -SHORT 06 -COLLAR 1 07 -SHOULDER 108 -LONG HAIR STYLE ., 01 -UNKNOWN 2 -02 -COMBED BACK 03 -STRAIGHT 04-WAVY/CURLY 05 -BUSHY .1 06-AFRO/NATURAL 07- BRAIDED 08 -GREASY 09 -MILITARY 10 -PUNK = 11 -PONYTAIL . 12 -SHAVEN 13 -WIG FACE 01 -UNKNOWN 102 -THIN 03 -LONG W 04 -OVAL I" 41GH CHKBONE OUARE Is, -ROUND COMPLEXION BUILD C 01 -UNKNOWN O 01 -SMALL ❑ 02 -PALE .x.02 -THIN 03 -LIGHT O 03 -MEDIUM .F. -04 -MEDIUM ❑ 04 -MUSCULAR C 05 -RUDDY O 05 -LARGE ❑ 06 -TANNED O 06 -STOCKY ❑ 07 -DARK O 07 -FAT ❑ 08 -FRECKLED ❑ 09 -ACNE GEN'L APPEARANCE O 10 -POCKED ❑ 01 -UNKNOWN ® 02 -WELL GROOMED FACUIL HAIR O 03-DIRTY/UNKEPT O 01 -UNKNOWN ❑ 04 -UNUSUAL ODOR J' 02 -CLEAN SHAVEN ❑ 05 -DISGUISE C 03 -UNSHAVEN ❑ 06 -MILITARY C 04 -FUZZ O 05 -MOUSTACHE ADD'L DESCRIPTIVES O 06 -FU MANCHU ❑ 01 -TWO CLR EYES e 07 -LOWER UP CRS/LAZY EYE u 08 -GOATEE 03 -DIMPLES C 09•SIDESURNS 04 -PRC EAR/NOSE O 10 -BEARD 4 05 -CLEFT CHIN ❑ 11 -FAKE ❑ 06 -POT BELLY C 12 -OTHER TEETH Z 01 -UNKNOWN C 02 -BRACES G 03-GLD/SIL FRONT - -TJ 04•BRKN/CHIP O 05 -CROOKED 06-DISOOLORED ❑ 07 -DECAYING C 08 -SPACE BETWEEN C 09 -MISSING C 10 -NO TEETH PHYSICAL ODDTS O 01 •AMPUIMIS LIMB O 02-ARTFCL LIMB f04-CANE/CRUTCH -CRPLD BOY PRT 05 -DEFORMED. 06 -LIMP 07 -SPASTIC MVMTS ❑ 08 -OTHER SPEECH ❑ 01 -UNKNOWN O 02 -RAPID O 03 -SLOW -B04-TALKATIVE . ❑ 05 -SLURRED O 06 -MUMBLES O 07 -STUTTERS O 06 -USPS O 09 -HMR LIP ❑ 10 -ACCENT ❑ 11 -NON ENGLISH VOICE ❑ 01 -UNKNOWN W= -SOFT ❑ 03 -PLEASANT O 04 -LOW PITCH ❑ 05 -HIGH PITCH ❑ 06 -MEDIUM O 07 -MONOTONE O 06 -NASAL ❑ 09 -RASPY ❑ 10 -LOUD O 11 -YELLED ❑ 12 -DISGUISED MIRANDA ADVISEMENT IRANOA ADVISEMENT: 1) lrbu have the absolute right to remain siWM. 2) Anything you say an and vAu be used apNmt you in a court ol law 3) You have a right to consult with an attorney, to be represented by an attorney and to haw an attorney poem both belore and during any questioning. 4) h you canxx lord to hire an attorney, one will be appointed by the court, free of charge. to represent you bebre any 4 9• If You vA$h- JESTION: "Do you unNrsta! S. -h of the rights 1 haw just explai to ya ?' 4SWER: (QUOTE) ?'ms`s - O'3 a s o n o 3 a Jf N: "Having these rights 1p mi fare you willing to Wk fra►eIV** �8 cp 8 (t]UOtE) yy ,, f) - -7 z 3 qcp ASEMENT OF RIGHTS GIVEN IT ua%MMES v.. ��:J1�"��,�, TRENT PRESENT =YES NO PARENT PRESENT - d J =FICERIBADGE 0 � 0000000702 6GG/� �-`Zas 89-6349 647(a) PC "RREST NARRATIVE Page 1 of 1 (S) SHILCOTT, Richard Irvin DOB: 12/20/57 (0) Officer KEYES Badge No. 101 GGPD On 03/17/89 at approximately 2315 hours, I was working a plain clothes detail behind the A TO Z bookstore, located at 8192 Garden Grove Boulevard. I was wearing blue jeans, a green shirt, and white tennis shoes. The purpose of this detail was to combat the ongoing problem of lewd conduct and prostitution in the area. While standing in the parking lot on the west side of the bookstore, I was approached by the suspect later identified as SHILCOTT. SHILCOTT walked directly up to me and asked how I was doing, and I told him fine. He then said, "What are you looking for?" and I replied by saying, "A good time". I then asked SHILCOTT what he -was into, and he said, "To.suck a big dick I said, "Well I don't know" and he replied by saying, "Whatever you're into, we can jack off or have safe sex". I asked him where we were ng to go in order to do this and he said, "In my car, it's parked over ",_..>re in theparking lot". He pointed to his car that was parked directly south of the bookstore, a black BMW. I told him to go ahead and get his car and I would meet him in the alley way, located just south of the bookstore parking lot. SHILCOTT went back to his car and met me in the alley way. I went around to the passenger side of the car, got inside, and at that time placed his under arrest for 647(a) PC; Soliciting Lewd Conduct in a Public Place. He was later taken back to the unmarked police unit by Officer KEYES, where the arrest paperwork was completed. After doing a records check on SHILCOTT, he was later cited and released from the scene for 647(a) PC; Soliciting Lewd Conduct in a Public Place (GG327083). At 2340 hours, I read SHILCOTT his rights per Miranda. SHILCOTT said he understood his rights, however he did not wish.to talk to me about the charges against his. I request this -report be forwarded and SHILCOTT be prosecuted for 647(a) PC; Soliciting Lewd Conduct in a Public Place. 0000000703 cc 3 9 0SSS 2S94P CITY OF GARDEN GROVE NOTICE TO APPEAR a JaS allAalfAt arMMafOML IItE STH SIL WIS1 AMM CAMOMA ManmlfllaaMleaAfol-anwAl+rnsaaaa*sto�t I SDI CRY CWA SOUT . CRN X CANON" mowed N Ra+r vww ANpiM waor A. 0000000704 A♦MIOfl-=fm i.. � atl� fllfdtll w fes/ w aYA�f0a101Y1 C\C - � AAfIfA � yx�ow amt tt�r L13 • . • E / � p� � A j � AJ .� -� L�C� a ler 43 ANALWM /M♦RM® %4K WQ UWW[ UM As fffr 00 I . Y MENItoI AIHT IDR TAMC Aw aAY war a I= llMr s :i .o►oawrlmMw mRrm dlflClf�llflDl AMES I C8WY W JW #tWA7Y O PEMW 1NR M A7At40rfi L aas . WMOfIE A �A' _ '. '. MYEafMS1MQAdtfMnwWatr•� wcja DAIS JaS allAalfAt arMMafOML IItE STH SIL WIS1 AMM CAMOMA ManmlfllaaMleaAfol-anwAl+rnsaaaa*sto�t I SDI CRY CWA SOUT . CRN X CANON" mowed N Ra+r vww ANpiM waor A. 0000000704 19 20 21 22 23 24 25 26 27 28 OIM VN\ C"c eA) P� 3. All statements or utter Hees of those ng witnesses to case, h� recorded or reserved, i e sea relating the e, P i whether or not signed or acknowledged, by them. Funk v. Sup. Ct. (1959) 52 C. 2d 423. Granted: Provided: Granted as modified: Will Provide: Denied: Do not Have: 4. The names and addresses and phone numbers of all persons who were percipient witnesses to the offense, including those who may have personal knowledge of any facts relevant to 0000000705 - 2 CARDEN GROVE POLICE DEPARTMENT PART II OFFENSES/ARRESTS OTHER REPORTED EVENTS CATEGORY: (CIRCLE ONE) 00 NOT COMPLETE THIS FORM ON THE FOLLOWING 3 OFFENSE NOT PREVIOUSLY REPORTED <�DF`FENSE AND ARREST STORED/IMPOUNDED/RECOVERED VEHICLE REPORTS 8 OTHER NUMBERED EVENTS COURTESY REPORTS 2 OUTSIDE FELONY YANT/WARRANT SUPPLEMENTAL ARRESTS PART It OFFENSES (CIRCLE ONE) 01 FORGERY/COUNTERFEITING 02 RAW (BAD CHECKS, CON GAMES, ETC.) 03 CREDIT CARDS (ACQUIRING/USE) 04 EMBEZZLEMENT 05 STOLEN PROPERTY (BUYING. RECEIVING, POSSESSING) COMPLETE SEX CRIMES MO ON REVERSE SIDE FOR • *06 UNLAWFUL SEXUAL INTERCOURSE Q07 LEWD i LASVICIOUS CONDUCT SEX PERVERSION •09 PROSTITUTION & COMMERCIAL VICE •10 INDECENT EXPOSURE 11 OBSCENE • MATTER -12 ANNOYING CHILDREN *13 OTHER SEX OFFENSES 14 MARIJUANA 15 HEROIN. OPIUM, COCAINE 16 SYNTHETIC NARCOTICS (MANUFACTURED - DEMEROL, METHADONES).. • ... 17 OTHER DANGEROUS DRUGS (AMPHETAMINES, BARBITURATES. ETC.) 18 OTHER NARCOTIC i DANGEROUS DRUG'LAWS 19 LIQUOR LAYS 20 WEAPONS (CARRYING, POSSESSION, DISPLAYING. ETC.)' - 21 ARSON (EXCEPT N123) ' 22 BOMB THREAT 23 BOMBING (EXPLOSIVE/INCENDIARY DEVICE) 24 FAILURE TO PAY 25 TRESPASS/PROWLING 26 DISTURBING PEACE 27 MALICIOUS MISCHIEF/VANDALISM 28 OFFENSES AGAINST FAMILY i CHILDREN 29 OTHER DISORDERLY CONDUCT 30 DRUNK (ALCOHOL ONLY) 31 DRUNK DRIVING/FELONY .. -.--• ._ .. . 32 DRUNK DRIVING/MISOENEANOR 33 MIT i RUN/FELONY (INJURY) 34 MIT i RUN/MISOEMEANOR (NON -INJURY) 35 OTHER VEHICLE CODE VIOLATIONS - (NON-CUSTOOY) 36 OTHER TRAFFIC (CUSTODY CASES ONLY) 37 EXTORTION 38 KIDNAPPING 39 ALL GAMBLING 40 ANNOYING PHONE CALLS 41 CURFEW 42 LOITERING (SCHOOL) 43 TRUANCY 44 RUNAWAY .JUVENILE = 45 INCORRIGIBLE JUVENILE 46 PROTECTIVE CUSTODY. (DEPENDENT) •------ --.- - 51 MUNICIPAL CODE VIOLATION 59 ALL OTHER OFFENSES OTHER NUMBERED EVENTS ... .. - _ 77 PROPERTY -LOST 78 PROPERTY-FOUND- 79 ROPERTY-FOUND79 PROPERTY -RECOVERED . 88 PROPERTY -SAFEKEEPING BO INJURY (OTHER THAN TRAFFIC COLLISION) 81 DEATH (OTHER THAN TRAFFIC OR CRIME) 83 ILLNESS-PSYCHO-ATTDWT SUICIDE 85 MISSING PERSON -ADULT 86 MISSING PERSON -JUVENILE 87 OFFICERS REPORT OUTSIDE WANT/WARRANTS " 52 OUTSIDE MISDEMEANOR WANT/WARRANT (CATEGORY S) 80 OUTSIDE FELONY WANT/WARRANT-- 000000071. (CATEGORY 2) SID - OFFICER/BADGE f rLGIAj > 01750/639A 1/08/87 ^. 0000000707 WHEN EVENT OCCURRED (Circle One) •MOU9.TIMESPANS Month a&o Week ZHR SPAN 4HR�5FA1— 12HR SPAN 01 Jin--T Jul _ ti Wit 9 O Feb 08 Aug 22 Mon _ _•--. - - 34 0200-0359 _ 72' 0400-07S9 62 0600-1800 Mar 09 Sep 23 Tues 36 0400-OSS9 73 0800-1159 65 1200-2600 A Apr 10 Oct 24 Wed 38 0600-0759 74 1200-1559 05 May 11 Nov Thu 42 0800-0959 75 1600-1959 OVERNIGHT 06 Jun i2 Dec Fri •,- 44 1000-1159 76 2000-23S9 67 TW:= *If unknown. 27 Sat 46 1200-1359 6e 1900-0200 mark month 18 Weekday 48 1400-1559 8 HR SPAN 69 ZZW-0600 discovered 28 "end S2 1600-1759 61 •M *For overnight 29 Unk 94 1800-1959 63 OSM-1559 codes. mark *For overnight Sit, MN-2159 66 16004359_ day discovered tiaalspan. mark <315 2200-2359 day discovered 77 UNK TIME TYPE OF PREMISES (Circle One) t HIGHWAY RESIDENCE F000/AMUSEMENT - i-allay TMI- 31 Arcad0511Tfards/lowling 46 Furniture/Appliance 63 Photo Stand 02 Freeway 17 Condo/Towehouse 32 Bakery/Meat/Specialty 47 Specialized 64 Laundromat/Dry 1 03. Res. St. is Convalescent/Rest Now 33 Bar/Nightclub 48 Hardware/Lumber 65 Medical/Dental 04 Thoroughfare 19 Home 34 Coffee Shop/Restaurent 49 Jewstry _ 66 Vehicle/Equip Ito 20 Mobile Home 35 Grocery/Super Mkt. SO Li or 67 Vehicle Repair PARKING LOT 21 Hotel/Hotel Roam 36 Quids Food/Donut Stand 51 TV /Radto/Casera wl—ar 22 Carport 37 Quick Stop Mkt/Dairy 52 Vehicle Parts/Tires MISCELLANEOUS 07 Church 23 Garage 38 Theatre/Skating 53 Vehicle Sales/Lot 7TuZch OS Hospital 24 Apt/Condo Open 72 Construction S11 09 Park/Public Bldg. Parking Stall SALES SERVICES 73 General Office 10 School 25 Hotel/Hotel Open TrVt/Craft/Hobby an av A Loan 74 Industrial Presi 11 Shopping Area Parking Stall e'Q—'9ook/Stationery 57 Barber/Beauty Shop 7S Motel/Hotel Off 12 Storage/Tow Lot 26 Res. Oriveway/Yard -M Clothing/Shot 58 Car Wash 76 Parks 13 Other Business 27 Apt/Condo Courtyard, 44 Otpt/Discount Start 59 Financt/Mortgagt Co. 77. School Common Area, Laundry 45 Orug/Pharmacy 60 Gas Station/Full/Self 78.Vacant Lot/Flooa 61 Hospital Channel/Tunnel 62 Ins/Law/Real Estate 79 Other (Specify) CONCLUSION OF EVENT (Circle One) ' S Suspect cited I( 611; arrested .7 Juvenile arrested _ 8 Case uncleare 9 Not a crime SEX CRIMES MO Information (CIRCLE ALL THAT APPLY) OCCUKKED IN VEX 200 Sas's ENTLGEMENT 220 Food, Candy, Etc.. OTHER HEMS 240 Firearm KASTURBATIDN 260 Vic to Sus ORAL COPULATION 270 Vic to Sus 201 Vic's 221 Money 241 Knife 261 Sus to Vic 271 Sus to Vic 202 Other (explain) 222 Amusement/Game 242 Other Weapon 262 Mutual (same time) 272 Mutual (same ti■ 223 Assistance/Directions Describe weapon ZW4 Vic to Self 273 Vic to Sus Mal 224 Ride in VM 264 Sus to Self 274 Sus to Vic Mal _ 225 Other (explain) 265 Vic Forced to 275 Sus Ejaculated i, 243 THREATS ONLY Watch Sus Vic Mouth or on 244 Mutual Consent 266 Sus Ejaculated Vic Face INITIAL GOKTACT 245 Vic Unable to ABNORMAL ACTS 282 Defecation/Urination 210 Acquaintance 211 Vic Hitchhiker Consent 247 Vic Intox 212 Sus Hitchhiker 246 Other (explain) 280 Sodomy 283 Sadism/Masochism . tUREA 213 Family Friend 230 Bound/Cuffed 281 Porno Involved 264 Inserted Object in VAI 214 Relative 231 Gagged 285 Male to Male 290 Misc (Describe Other Unusual Acts, Statement) 215 Not in Bar/Rest. 216 Ex Spouse/ 232 Beat Up 233 Choked SUS WA5 Boyfriend 234 Covered Vic's Face 260 Brutal or Trademarks) - 217 Vic Walking 23S Bit (left mark) 251 RemonefuT 219 Vic Prostitute 236 Dragged _ ZS2 Obscene 218 Other (explain) 253 Unable to Get •- :: ;�r,:.- Erection 254 Tore Vic's . ... ._ .. Clothes • 25S Observed with an Erection OFFICER/BADGE f rLGIAj > 01750/639A 1/08/87 ^. 0000000707 GARDEN GROVE POLICE DEPARTMENT REPORT OF ARREST (4ADULT ( )JUVENILE iRRESTI DR_ — �.3 ! O t - LAST FIRST MIDDLE ,41v& 1-16-5 c4.e r Zvi Aj c- l0ZDZNCE ADDRESS CITY ITATZ ZIP PHONE yS-2 q 6- 4117.5111A167-0^1 OJG c Z,4 . '1 z4 4 g (71Y) 77 / -Z2-'7-,1 EMPLOYED DY/ADDRESS cl STATZ ZIP PHONE ltJr# ��L 11/AJ .Z'RV11✓e- e'�!�/ESTfX•�/ �IG�TAe- (71y) 1'6i r'(6ivi ae ITrrucra e - r inu SnetkL SrMIDTOPVA 0705 l/' - -FX. 7?- V1/. -561r=la-97y (OM ( )F I ( )WHITE ( )HISPANIC (U SLACK ( )AMERICAN INDIAN ( )CHINESE ( )JAPANESE ( )FILIPINO ( )PACIFIC ISLANDER ( )OTHER 5JP7' i(0y r3t-k (:S)e.,j A4 -i -S3 3s DATE TIME LOCATION OF ARREST TEAM DISTRICT 9-- &- eS / 9,�b' 8! s.2 G c- .c1r-e ✓.�' Z "REST MADE BY PQGI PATROL OFCR ( )02 DETECTIVE/INVESTIGATOR ( )03 YOUTH SERVICES OFCR ( •)04 SIU/SPECIAL UNIT ( )OS TRAFFIC OFCR ( )06 OFF DUTY OFCR ( )07 PRIVATE SEC ( )0• CIVILIAN ( )09 0TH POLICE DEPT LEVEL F ) 1601WI ARREST ONLY SECTION(S) CHARGE(S) i�oq,(p) De- r: 2' MISDEMEANOR 1 FELONY D DISPOSITION OF ADULT CITE@/50QKf xEwsan rvR xsLEwsa ( 1 CITATION ( )-2 JAIL ( ) 3 OTHER 3 2 a y0 y DISPOSITION OF JUVENILE ( )MINOR CONFINED TOTAL TINE ( ) 1 PETITION ( ) 2 DETAINED ( ) 3 INFORMAL AT GGPD ( ) ATTENDING ' ) QUIT ( ) SWC-, 7 Ca -U/ l'I A-Z'c) I MAKE MODEL MIUAG COMPATI213 LA , ( ) YZS ( ) NO VEH CL IMPOUND DY ( )Y s ( )NO ADDRESS TRANSPORTING OFFICER/BADGE!) PoZAele,4 - .. ( )FINGERPRINT ( )MUGGEI DOTH ( )NEITHEF ( )YES ( )NO 0000000708 SHOES % S� GLASSES P,f t IC MIRANDA ADVISEMENT 1IRANDA ADVISEMENT# 1) You have the absolute right to reagin silent. 2) Anything you say can and will )e used against you in ji court of law. 3) You have the right to consult with an: attorney, to be represented by an attorney and to have an attorney present both before and during any Questioning - 1) If you cannot afford to hire an attorney, one will be appointed by the court, free of charge, to represent you before any Questioning, if you wish. )UESTIONt 'Do you understand each of the rights I have just explained to you?• 1NSWERi (QUOTE) 2U1 )N: 'Having these rights in mind, are yiou,,villing to talk to as now?• SWERi (QUOTE) DvISEMENT or RIGHTS GIVEN BY$ PARENT PRESENT# ( )YES ( )NO PARENT PRESENT )FFICER/BADGES--����_ 000000070 GARDEN GROVE POLICE DtPARTMENT � SUPPLEMENTAL TO ARREST FACE PAGE MTAJ�tE �� GNc S 17161136R-(' , /7'U /3ER ( " G . DR �6� - Z:3/07 DESCRIPTIVE DETAIL HAIR LENGTH COMPLEXION BUILD SPLECH ( 1-UNKNOWN ( ) O1-UNKNOWN ( ) 01-SMALL ( ) , S1-UNKNOWN ( 02-BALD ( ) 02-PALE ( ) 02-THIN I ) 02-RAPID ( } 03-RECEDING ( ) 03-LIGHT (4 03-MEDIUM (.C} 03-SLOW ( ) 04-THINNING ( ) 04- MEDIUM ( ) 04-HUSCULILR ( ) 04-TALKATIVE ( 1 05-SHORT ( ) 05-RUDDY ( ) OS-LARGE ( ) OS-SLURRED (-X} 06-COLLAR ( ) 06-TANNED ( ) 06-STOCKY ( ) 06-MUMBLES ( I 07-SHOULDER (.y 07-DARK ( ) 07-FAT. ( ) 07-STUTTERS G } 08-LANG ( ) 06-FRECKLED ( ) 08-LISPS ( ) 09-ACNE GENA APPEARANCE ( ) 09-HAIR LIP HAIR STYLE ( ) 10-POCKED ( ) -UNKNOWN ( ) 10-ACCENT ( I01-UNKNOWN ( ) 02-WELL CROONED ( L 02-COMBED BACK FACIAL HAIR (,I 03-DIRTY/UNKEPT ( ) 11-NOMI ENGLISH ( ) 03-STRAIGHT ( ) -UNKNOWN( ) 04-UNUSUAL ODOR ( ) 04-WAVY/CURLY (A 02-CLEAN SHAVEN ( ) 05-DISGUISE ( ) OS-BUSHY ( ) 03-UNSHAVEN ( ) 06-MILITARY (,a 06-AFRO/NATURAL ( ) 04-FUZZ ( ) VOICE a3-UNC ( ) 07-BRAIDED ( ) 05-MOUSTACHE ADD'L CR PTIVES ( ) 02-501T Y 08-GREASY ( ) 06-FU MANCHU ( ) 01zxxs ( } 03-PLEASANT ( ) 09-MILITARY ( ) 07-LOWER LIP ( ) 02-CRS/LAZY EYE (JcL 04-LOW PITCH l ) 10-PUNK ( ) 08-GOATEE ( ) 03-DIMPLES ( ) 05-HIGH PITCH ( ) 11-PONYTAIL ( ) 09-SIDEBURNS ( ) 04-PRC EAR/NOSE ( ) 06-MEDIUM ( ) 12-SHAVEN ( ) 10-BEARD ( ) 05-CLEFT CHIN ( ) 07-MONOTONE ( ) 13-WIG ( ) 11-FAKE ( ) 06-POT BELLY ( ) 08-NASAL ( ) 12-OTHER ( ) 09-RASPY FACE PHYSICAL ODD'TS (. ) 10-LOUD C i O1-UNKNOWN ( ) -AMPU/MIS LIMB ( ) 11-YELLED ( ) 02-THIN TEETH ( ) 02-ARTFCL LIMB ( ) 12-DISGUISED ( ) 03-LONG (A O1-UNKNOWN ( ) 03-CANE/CRUTCH W 04-OVAL ( ) 02-BRACES ( ) 04-CRPLD BOY PRT ( ) 05-HIGH CHKBONE ( ) 03-GLO/SIL FRONT ( ) 05-DEFORMED ( ) 06-SQUARE ( ) 04-BRKN/CHIP ( ) 06-LIMP ( Y 07-ROUND ( ) 05-CROOKED ( ) 07-SPASTIC MVMTS ( ) 06-DISCOLORED ( ) 08-OTHER ( ) 07-DECAYING ( ) 08-SPACE BETWEEN ( ) 09-MISSING �( ) 10-NO TEETH CLOTHING LOCKERR SCARS/MARKS/TATTOOS :AP/HAT UNKPOWN ^OAT/JCKT FACE SHIRT t L !/ NECK SHOES % S� GLASSES P,f t IC MIRANDA ADVISEMENT 1IRANDA ADVISEMENT# 1) You have the absolute right to reagin silent. 2) Anything you say can and will )e used against you in ji court of law. 3) You have the right to consult with an: attorney, to be represented by an attorney and to have an attorney present both before and during any Questioning - 1) If you cannot afford to hire an attorney, one will be appointed by the court, free of charge, to represent you before any Questioning, if you wish. )UESTIONt 'Do you understand each of the rights I have just explained to you?• 1NSWERi (QUOTE) 2U1 )N: 'Having these rights in mind, are yiou,,villing to talk to as now?• SWERi (QUOTE) DvISEMENT or RIGHTS GIVEN BY$ PARENT PRESENT# ( )YES ( )NO PARENT PRESENT )FFICER/BADGES--����_ 000000070 GARDEN GROVE POLICE DEPARTMENT NARRATIVE/PROPERTY ( ) CONTINUATION DR)5D�2'31Q ( ) SUPPLEMENT DATE TIME CA y7/w) , ( )RECLASSIFICATION TYPE OF REPO�— (A INCIDENT/ARREST NARRATIVE PAGE OP PROPERTY CODES: S -STOLEN, RoPECOVERED, SIR -STOLEN i RECOVERED, L -LOST P/C ARTICLE BRAND MODEL SERIAL$ DESCRIPTIVE DETAIL VA• ON /D - lv - St Q 09 T / fi SS' A/0 S . ?_ 1,/A S A/o.C', AIC. .V 'JZ.41AJ C oT S �E "TA/L 47 A - Z ��kSTo�PE'; _ _177yL_ IpO c� n �J ,4 L� U R rJ / /cJ ?/,�E I��a/e �i.✓ G o T, Tf/E-- D 779/t- A./,vs / oeMro To PDMe.Q7' CONSTA�vT��'p.VTi�1v��tlG t,�PoDCc-tel p� 6 4/ CT /'n!D �iPD S7 -0TyT/iJAJ I. --J %hL`" 1900ed • .✓,v�LE- r177WJ& /N 7 -NC' LoT -?NE- Sus. G.47r7e Z - �. k/AS iPc���T . SA/�✓O '/ y�'�/C C GSD ': •Z f�5�'c�� �!/G�� S W�i/i9T /�E= !^J.�1s�T� D /�i✓G /yam �i�/ti r /i0 �O✓/.�� ��I �'D' �ETS Gd X02 i9- jP/D:§:'�l Nv 6/)(6 S A WAr 17'L4- ,W AvT By Go �o �c �a XPi ",4JA(17 r 'IRC- ya v /i✓To : ,� ,PE-,oyED Bpi S� U::n�_ 1' Uo �J % /' � �o✓J fJ ""-7- /I rpm ZeZJ ^17,2-) i/y /#1 ,7- AR76 D ALX/,otJG- A11741 Z677 .Z G.puE- 774//-- p.P� A.e�•s�..�c� 1��d lES 1.9 /fo 'n e_b tl'�d_nt o.cJ AUG*�FS �✓�� 1>o�.►c ��J Ala 4142' E- wigs 7o G'• G .f'A 4.772-;t PC-Z_�� Sc= > o/v e7/7 -,Q T/oAJ, .IZ .4--- AWA s crdT�-� .coir' l V 7 os % ell, 0000000710 OFFICER/BADGE#/ Z05�— APPROVED BY f form #313 3/22/848 GAR. =N GROVE POLICE DEPARTMENT ARRESTEE PROPERTY INVENTORY REPORT r"4TE: e'ed' CASE NUMBER: t ►ME: Z' 3 e--) CRIME: 4� 5' 7,q Pc CLOTHING ITEMS: 1. PANTS/ SLACKS 2. SHIRT / BLOUSE a SHOES 4. JACKET / SWEATER 5. BELT / SUSPENDERS 6. HAT 7. GLASSES 8. OTHER PERSONAL ITEMS: 1. WALLET / PURSE a. MONEY — AMOUNT: $ b. CREDIT CARDS c. CHECK BOOK 2. JEWELRY a. WATCH b. RING c. NECKLACE d. BRACELET 3. MEDICATION a. TYPE: OTHER ITEMS: 12'h � 5 YES A 7: I..: 1-1 'AVE VIEWED MY PROPERTY AND THE INVENTORY RECORD. THE INVENTORY -RECORD ti_ .;URATELY LISTS ALL THE PROPERTY TAKEN FROM ME AT THE TIME OF ARREST." ARRESTEE'S SIGNATURE 0000000711 OFFii,ER 6U/th x`'14 BADGE ooro • 375 CITY OF GARDEN GROVE - NOTICE TO APPEAR : or is ■alei Ami - ar+r s* . O aL O S/ moi:% MA M %104= Nft am. rwi 79 OM o. r�.d s.r«errbee�saM b01QiC•�..�... 'D BLO"" cm scoe 04/C-- D G,��dc7"�•� o & jew G A A>fi CM A Ctlt as IM mum cam wracwtmm- erwwe.es a Q wws� mr cWW SainK MANX CALrowrA 220" •ew • % �•� � • wrrns weEoteena G7 N O 0 wwao ar Ae�eart muez a # �#� t# � . - �. .. .• _�..:. :..� � •► .'moi•: i.: -..jam• _ � o ~o o o Q 0. -0 0000000712 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF OFFICER GARY FAUST I, Officer GARY FAUST, declare and state that the foregoing Report or Reports (see below for numbers) is true and correct of my personal knowledge (except where indicated to be based on the statements of others). I declare under penalty 6f perjury that the foregoing is true and correct. Executed this _�_ day of September, 1989, at Garden Grove, California. OR No. R8823300 5938G:09/14/89 A41 l GARY FAUST 0000000713 vROVE POLICE DEPARTMENT REPORT OF ARREST kl)ADULT ( )JUVEMILE ARREST# OR 1%AME - LAST FIRST MIDDLE AKA(S)/MONIKER RESIDENCE ADDRESS CITY STATE ZIP PHONE t.'1'lYLUZLD 8i/ADD!(EJS G1Ti iTATi bLr sava.� DRIVERS LICENSE# ' STATE BIRTHPLACE OCCUPATION SOCIAL SECURITY# SEX RACE )F (�JWHITE ( )HISPANIC ( )BLACB ( )AMERICAN INDIAN ( )CHINESE ( )JAPANESE ( )FILIPINO ( )PACIFIC ISLANDER ( )OTHER HEIGHT WEIGHT HAIR EYES DOG DATE TIME LOCATION OF ARREST TEAM DISTRIC /ch - �- . UL �� 19,E G• ,� ,cmc--.� /(ycx` /3c u 3 _ ARREST MADE BY ( )01 PATROL OFCR ( )02 DETECTIVE/ INVESTIGATOR ( )03 YOUTH SERVICES OFCR ( )04 SIU/SPECIAL UNIT C )05 TRAFFIC OFCR ( )06 OFF DUTY OFCR ( )07 PRIVATE SEC ( )0S CIVILIAN ( )09 OTH POLICE DEPT LEVEL ISECTION(S) CHARGE(S) ( ) 1 601WI ARREST ONLY Z MISDEMEANOR r• ` FELONY /C DISPOSITION OF ADULT CITE#/DQ"m REASON FOR RELEASE Lat wvicn rsarwrnr.0 (1141 CITATION ( ) 2 JAIL ( ) 3 OTHER 3? Qq ( )FINGERPRINT ( )MUGGE DISPOSITION OF JUVENILE I \ )MINOR CONFINED TOTAL TIME ( ) 1 PETITION ( ) 2 DETAINED ( ) 3 INFORMAL AT GGPD 0630TH( )NEITHE SCHOOL STATgS SCHOOL CITY GIM ( ) ATTENDIN(k ( ) QUIT ( ) SUSPENDED ( )YES ( )NO E� R/BADGE# form #303 3/22/88 ( ) YES \ ( ) NO ( )YES ( )NO CI` 000000071 sv. GARDEN GROVE jKULICE DEPARTMENT SUPPLEMENTAL TO ARREST FACE PAG NAME.% DESCRIPTIVE DETAIL HAIR LENGTH COMPLEXION BUILD SPEECH 1 -UNKNOWN ( ) 1 -UNKNOWN ( ) SMALL ( ) S1—UNKnow" 02 -BALD ( ) 02 -PALE ( 02 -THIN 02 -RAPID ( ) 03 -RECEDING 03 -LIGHT ( 03 -MEDIUM (,x1 03 -SLOW ( ) 04 -THINNING ( ) 04- MEDIUM ( ) 04 -MUSCULAR ( ) 04-TALKATZVE (� OS -SHORT ( ) OS -RUDDY ( ) OS -LARGE ( ) OS -SLURRED ( ) 06 -COLLAR ( ) 06 -TANNED ( ) 06 -STOCKY ( ) 06 -MUMBLES ( ) 07 -SHOULDER ( ) 07 -DARK ( ) 07 -FAT ( ) 07 -STUTTERS ( ) 08 -LONG ( ) 08 -FRECKLED ( ) 08 -LISPS ( ) 09 -ACNE GEN•L•APP RAMCE ( ) 09 -HAIR LIP HAIR STYLE ( ) 10 -POCKED ( j -UNKNOWN ( ) 10 -ACCENT ( }-(Ib� NKNOWR 02 -WELL GROOMED 02 -COMBED BACK FACIAL HAIR ( ) 03-DIRTY/UNKEFT ( ) 11 -NON ENGLISH (l') 03 -STRAIGHT ( )-UNKNOWN ( ) 04 -UNUSUAL ODOR ( ) 04-WAVY/CURLY ( ) 02 -CLEAN SHAVEN ( ) OS-nISGUISE ( ) OS -BUSHY ( ) 03 -UNSHAVEN ( ) 06 -MILITARY VOICE ( ) ( ) 06-AFRO/NATURAL 07 -BRAIDED (_1 04 -FUZZ OS -MOUSTACHE ADD•L DES PTIVES 2 SNKNOWN 02 -SOFT ( ) 08 -GREASY ( ) 06 -FU MANCHU ( ) 01 -TWO CLR ( 03 -PLEASANT ( ) 09 -MILITARY ( ) 07 -LOWER LIP ( ) 02-CRS/LAZY EYE ( ) 04 -LOG PITCH t ) 10 -PUNK ( ) 08 -GOATEE ( ) 03 -DIMPLES (� OS -HIGH PITCH ( ) 11 -PONYTAIL ( ) 09 -SIDEBURNS ( ) 04 -PRC EAR/NOSE ( ) 06 -MEDIUM ( ) 12 -SHAVEN ( ) 10 -BEARD ( ) OS -CLEFT CHIN ( ) 07 -MONOTONE ( ) 13 -GIG ( ) 11 -FAKE ( ) 06 -POT BELLY ( ) 08 -NASAL ( ) 12 -OTHER ( ) 09 -RASPY FACE PHYSICAL ODD'TS ( ) 10 -LOUD j O1 -UNKNOWN ( ) 1-AMPU/MIS LIMB ( ) 11 -YELLED () 02 -THIN TEETH ( ) 02-ARTFCL LIMB ( )• 12 -DISGUISED ( ) 03 -LONG ( ) 01 -UNKNOWN ( ) 03-CANE/CRUTCH ( ) 04 -OVAL ( ) 02 -BRACES ( ) 04-CRPLD BOY PRT (y OS -HIGH CHKBONE ( ) 03-GLD/SIL FRONT ( ) OS -DEFORMED ( ) 06 -SQUARE ( ) 04-BRKN/CHIP ( ) 06 -LIMP ( ) 07 -ROUND ( ) OS -CROOKED ( ) 07 -SPASTIC MVMTS ( ) 06 -DISCOLORED ( ) 08 -OTHER ( ) 07 -DECAYING ( ) 08 -SPACE BETWEEN ( ) 09 -MISSING �( ) 10 -NO TEETH CLOTHING LOCKER SCARS/MARKS/TATTOOS CAP/HAT UNKNOWN COAT/JCKT FACE /1" L SHIRT NECK • PANTS SHLOR SHOES FRONT TORSO MIRANDA ADVISEMENT MIRANDA ADVISEMENTS 1) You have the absolute right to remain silent. 2) Anything you sat can and will be used against you in a court of law. 3) You have the right to consult with an attorney, to be represented by an attorney and to have an attorney present both before and during any Questioning. 4) If you cannot afford to hire an attorney, one will be appointed by the court, free of Charge, to represent you before any questioning, if you wish. QUESTIONt -Do you understand each of the rights I have just explained to you?• ANSWERS ( QUOTE ) Q'' -TION, •Having these rights in mind, are you willing to talk to me now7' %N.oER i ( QUOTE ) ADVISEMENT OF RIGHTS GIVEN PARENT PRESENTS ( )YES ( )NO \ PARENT PRESENT )FFICER/BADGE/T- F .. -- 4 •f n 9 4;—_7 INE 0000000715 - GARDEN GROVE POLICE DEPARTMENT NARRATIVE/ PROPERTY ( ) J ( ) CONTINUATION DR S• e�._,� ( ) SUPPLEMENT DATE —TIMEC/�v� ( )RECLASSIFICATION TYPE OF RE-- ppRT INCIDENT/ARREST NARRATIVE PAGE -`OF_ PROPERTY CODESs S -STOLEN, R -RECOVERED, S/RaSTOLEN i RECOVERED, L -LOST P/C ARTICLE BRAND MODEL SERIALI DESCRIPTIVE DETAIL VALU1 G �!. � t• �:�: �.'� , r—.�i/ � w•4S �..� .�< . s, • .� ��� r�r.� � mac•✓�- -- /�S � c✓�S S' / Tires �J:....-sT,�-CJ /'ii�%l•" - •.iG- G �• �- �'/7l �1.J/.� f�r/a%4 c--� /.J -^J ti /y%' � / �/-yf� .��i�i " '' /C.�+'7e�� //"! C'- / 3•:�'G.U. �c'� - C C %7 Zc7 c.J.JL/,,�.' • r �. i . �//�J.��14 /J-.5:/..�� /-J i% ,/f i • ..J u�/-+'' so �/��J <i��•"'r�:-`� /S Cp..��nJ �S'rTt t..l.SGuAGc<' �r.2 l`•;'..% CvG✓�.s• - Ile s'Jdoed 'c =.a s/oJ 4 -)*j' )" >-0 Lb . r ~ / .g s.�c�� .� c.t.,�,o�r- A -a 40 A� � ,�, ..,.tea y -- i''.1C �v.c...� -r?7e"w IrJG• C�F.i ,4 , a / � c G/dcT See J pq c. � rlC.tr� ��•� / � Yo � / T.Dc� i�//mss / a i b �•CJeT t/�y�T TS � �id� T19 .tli < /•1i c[f /tJ /ic / /%J i{G .S/I.n ••wC` C'vcJca �iJ� fj �/r.vitr /.•.) A �A�Cti�i.J6 coT �� f A ;•7rg SO YO d W /* /J - -" %Txcsl o 4�J.21-10 G i�uc= slava i...� yCJ/C ca.c i.J Ts�a ' /j.. /...JC. � C T ,� •• ♦ � !C LA/.�1 Sit / b � � 7 Gri � � / �G.DGQ� /�7G � A /.J Gl nJa t 7• l%�/� - L�/w� `y �O 1:' �;/�l::. c / ..� «a•.c .' .d, C' / SSIJC 2� � G�. �NTrh.l tJ nJ fi! r ��t�'� .•r ..iGr Ty L� / �•r.:.v'c �Cd.re� uriw �' /y1 C G..� /.J .�..� _LJ/oc./5%T70N d �� Z 4"7CI �4✓QL / C BOG AL t . ,,� 44&,leirA'.-7p J G L A Le".b .4e -'P- /-j o 0000000716 OFFICER/BADGE# APPROVED BY form #313 3/22/88 NOTICE OF CORRECTION wftV Agency GARDEN GROVE PD -w No. GG320419 I=w Data 10-9-88 �. crnwrt F tz��al d 206 Monroe tvMc Troina. CA 92720 • dletl�r Ir11ed 7p y0Y art Lnooenet • Ydfeetrd N tIM lo�nn dMd[r/ Mlarr. i wrefeo rf ese�etfsa dos not afHet tl• wliditl► or tlr alstfon or t!• wi~wi eeort ecereraTtoe. Hate i nw! *=W be .Court appearance should be on I 4 'm section(s) should be Case number **88-23300 Appearance location should be: WEST ORANGE COUNTY JUDICIAL DISTRICT COURT 3141 13th Street, Wominster, California ORANGE COUNTY JUVENILE COURT 301 City Drive South, Orange, California xvved by officer FAUST a Correction Notice 10-10-88 "No. 5=8 ISM) No. 206 CITY OF GARDEN GROVE NOTICE TO APPEAR 0011 O01 a'r100: / bLST"Ot0040 -4b rrr wry /RiT. A�1 LIA�T) � tr r!!• Ami aTv >. ftm did w drd rn md.v �i/� �tcMM QiC - w� Oslo i --a CM o Z+1 74 1-c- �w r �.� •.ra O ALT j �J G" 4. O M 0`77fr` 6A Ari r eLa —13TH STTEET. MAETfl wdsTat CALlCMM Ai2eO JJI�t COLOiM MMUM r/iN1��Jf aYa"s L['a! ]01 Cl1'll A�ISdIM[E. GllOeiE e2efe ArAAL 2w Ar� t1E ArM YI W tV AY_v— \�E eIOE W jwaft Cw0R®g�Q ----------- O V O O V 0000000717 GAF :N GROVE POLICE DEPART...ENT ARRESTEE PROPERTY INVENTORY REPORT RATE: /v -s�pS> ulmE: dr0a CLOTHING ITEMS: t_ PANTS / SLACKS 2 SHIRT / BLOUSE & SHOES . 4. JACKET / SWEATER * BELT / SUSPENDERS * HAT 7. GLASSES & OTHER PERSONAL ITEMS: t. WALLET/ PURSE a. MONEY — AMOUNT: $ b. CREDIT CARDS c. CHECK BOOK Z JEWELRY a. WATCH b. RING c. NECKLACE d. BRACELET 3. MEDICATION a. TYPE: OTHER ITEMS: CASE NUMBER: CRIME: L 'Y74 SEIZED AS YES EVIDE a 0 O HAVE VIEWED MY PROPERTY AND THE INVENTORY RECORD. THE INVENTORY RECORD ,CURATELY USTS ALL THE PROPERTY TAKEN FROM ME AT THE TIME OF ARREST." ARRESTEE'S SI NATURE 0000000718 i OFFICER z'f'`' "'' BADGE ;L i oom Poi:M # 375 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27' 28 DECLARATION OF OFFICER MARK HUTCHINSON I, Officer MARK HUTCHINSON, declare and state that the foregoing Report or Reports (see below for numbers) is true and correct of my personal knowledge (except where indicated to be based on the statements of others). I declare under penalty of perjury that the foregoing is true and correct. Executed this/ 9r* day of September, 1989, at Garden Grove, California. OR No. R8907622 DR No. 89-20933 5938G:09/14/89 MARK HUTCHINSON 0000000719 GARDEN GROVE POLICE DEPARTMENT REPORT OF ARREST j ADULT O JUVENILE ARREST # DR 99 7(W AK/I(SIIMoNI/KEA � . ADORE ary Sm ar PHONE 7-M/Ill /I�f ILY� - N � 04 917G1e7 ( TLO �71- 7/1 EMPLOIEO SYIADDRESS S7>QE DP PHONE /. 07� L 011 GcT'D,dAX !/�Dd tW1/ rr /� 'd — - I oil 14(7 ) -/. nrr DRIVERS LICE SE • STATE BIRTHPLACE ODCUPWION SOCIAL SECtXlM . cAD �c , - o SEXRACE WHITE ;= HISPANIC 0 BLACK O AMERICAN INDIAN O CHINESE M = F _ JAPANESE O FILIPINO G PACIFIC ISLANDER O OTHER mgx;MIWE HT am I lk-<- / ) '4/U �"�a 31 ARAJEST MIS BY �,Ot PATROL OFFICER C 02 DETECTIVE/INVESTIGATOR u 03 YOUTH SERVICES OFFICER O 04 SIU/SPECIAL UNIT - 05 TRAFFIC OFFICER ZZ 06 OFF DUTY OFFICER O 07 PRIVATE SEG O 08 CIVILIAN O OY OTHER POLICE DEPT. = 1601WI ARREST ONLY * 1 MISDEMEANOR FELONY DISPOSRION OF ADULT.les s" 6 • CSI WORK PERFORMED 1 CITATION = 2 JAIL = 3 OTHER 3 �ON /ON _ O FINGERPRINT ;r MUGGED DISPOSITION OF JUVENILE ICTAL TIME = I PETITION = 2 DETAINED = 3 INFORMAL ' ,ATINGGP�NFINED ` BOTH C NEITHER SCHOOL STATUS SCHOOL CRY GRADE = ATTENDING = OUIT = SUSPENDED FATHER I STEP I GUARDIAN MOWER I SWIGUARD" ADDRESS ADDRESS CRY PHONE CRY PHONE 7163 LICENSE G CA 7p * ST YEAR �iQD 6XA0a W/G-` 1%�lil Gr Atu VIN • MILEAGE COM►M<Tm" PIATS PHOIC MUMN 6-14191-6-603 � KYES O NO O YES ' NO VEHICLE MLSC /� ORDERED sY `1! 1901 �G��L7 „�.y VEHICLE MIP �`D ,OWED tY GG `I C YES NO "—'- REGISTERED OWNER ADDRESS CfTY %'-- NO OFFICER ISAOGE • TRANSPORtING OF110ERIMWE • w-- E,P /BATE u/N 0000000720 --%4 a✓ -a- vaw v r— rVLItvC vr— PIAh ii Ni i SUPE =MENTAL TO ARREST FACT 'AGE NAME�1 v, DESCRIPTIVE DETAIL SCARS/MARKS/TATTOOS CAP/HAT — HAIR LENGTH COMPLEXION BUILD 01 -UNKNOWN 01 -UNKNOWN O 01 -SMALL 02 -BALD C 02 -PALE O 02 -THIN = 03 -RECEDING — �03-LIGHTC3-MEDIUM JEWELRY — 04 -THINNING " 04 -MEDIUM ❑ 04 -MUSCULAR 05 -SHORT C 05 -RUDDY O 05 -LARGE _ 06 -COLLAR C 06 -TANNED O 06 -STOCKY 07 -SHOULDER 07 -DARK ❑ 07-Fi4 08 -LONG C 08 -FRECKLED C 09 -ACNE GEN'L APPEARANCE HAIR STYLE C 10 -POCKED O 01 -UNKNOWN = 01 -UNKNOWN ❑ 02 -WELL GROOMED — 02 -COMBED BACK FACIAL HAIR A 03-0IRTY/UNKEPT 403 -STRAIGHT = 01 -UNKNOWN O 04 -UNUSUAL ODOR - 04-WAVY/CURLY = 02 -CLEAN SHAVEN ❑ 05 -DISGUISE = 05 -BUSHY C 03 -UNSHAVEN O 06 -MILITARY 06-AFRO/NATURAL 04 -FUZZ = 07 -BRAIDED 05 -MOUSTACHE ADD'L D IPTIVES 08 -GREASY 06 -FU MANCHU ❑ 01 -TWO EYES = 09 -MILITARY . 07 -LOWER LIP G 02-CRS1 EYE = 10 -PUNK 08 -GOATEE ❑ 03 -DIM S 1.1 -PONYTAIL = 09 -SIDEBURNS ❑ 04-P EAR/NOSE = 12 -SHAVEN ` 10 -BEARD ❑ 05- FT CHIN = 13 -WIG = 11 -FAKE ❑ -POT BELLY 12 -OTHER FACE PHYSICAL — 01 -UNKNOWN O 01-AMPU/M UMB 02 -THIN TEETH O 02- M8 03 -LONG _• Ot -UNKN p 03 -CANE �}{ AL r 0 04_�P BDY PRT $ 05-H/ GH CHKBONE 03-G D% FRONT p 05-E RMED —06 -SQUARE = 04-BRK CHIP ❑ 06- MP 07 -ROUND = 05 -CR KED ❑ 0 SPASTIC MVMTS Z 06 -DI COLORED ❑ -OTHER 07- CRYING = 08 PACE BETWEEN -MISSING _ •NO TEETH SPEECH O 01 -UNKNOWN O 02 -RAPID ,- 03 -SLOW O 04 -TALKATIVE ❑ 05 -SLURRED O 06 -MUMBLES O 07 -STUTTERS ❑ 06 -USPS ❑ 09 -HAIR LIP ❑ 10 -ACCENT ❑ 11 -NON ENGLISH VOICE ❑ 01 -UNKNOWN 02 -SOFT 03 -PLEASANT O 04 -LOW PITCH O 05 -HIGH PITCH ❑ 06 -MEDIUM O 07 -MONOTONE O 06 -NASAL O 09 -RASPY O 10 -LOUD O 11 -YELLED ❑ 12 -DISGUISED CLOTHING i LOCKER • j SCARS/MARKS/TATTOOS CAP/HAT — UNKNOWN COAT/JCKT FACE SHIRT NECK PANTS SHLDR SHOES — FRONTTORSO GLASSES BACK TORSO JEWELRY — ARM GLOVES —" HAND OTHER LEG OTHER OTHER OTHER HYPE MARKS MIRANDA ADVISEMENT MIRANDA ADVISEMENT. 1) You have the absolute right to remain silent. 2) Anything you ear can and will be used against you In a court of law. 3) You ha the right to consult with an attorney, to be represented by an attorney and to have an attorney present both belim and during any gueetloning. 4) If you can, afford to hire an attorney, one will be appointed by the court. free of charge. to represent you belore any questioning. If you wish. QUESTION: "Do you understand each of the rights I have just explained to you?" ANSWER: (OUOTE) QUEST1 N: "Having these rights in mind• are you willing to talk to me now?" WER: (OUOTE) .. *(1SEMENT OF RIGHTS GIVEN BY: `— DATE/TIME PARENT PRESENT. Z YES Z NO PARENT PRESENT OFFICER/BADGE e hof`-.' r' 9 W I ?A 0000000721 ADREST NARRATIVE 89-07622 647 (a) PC PAGE 1 OF 2 (S) BACON, Robert Leroy/Male dob 08/08/56 1622 No. Cambridge, Orange 92667 998-8712 BUS: 6825 E. Rosecrans, Paramount 800-422-6055 On Saturday, 04/01/89, at approx 1126 hrs., I was on patrol in a marked police.unit. I was driving through the south alley which leads to the rear of 8192.G.G. Blvd. 8192 G.G. Blvd. is the A to Z Adult Bookstore. In the rear parking lot of the A to Z Adult Bookstore, we have had many problems with sexual activity occurring in vehicles and -drug use along with prostitution in the parking. While I was driving into the south parking lot of 8192 G.G. Blvd., I looked n/b and saw a light blue Ford van parked n/b in the north parking areas. As I looked at the van, I could see that it was rocking side to side slightly. Because I did not know what was happening inside the van and could not see inside the back, I stopped my marked police unit at the th side of the parking lot. As I walked up on the vehicle, I saw the rear windows were covered by some type of a blanket. The driver's side window and passenger side window were rolled down. I walked up to the driver's side window and from outside looked inside the vehicle to see what was occurring inside the van. As I was looking inside the van,as anyone else could have done if they would have seen the van moving, I saw a suspect, later identified as BACON, laying on his left side. As he was laying on his left side, I could see that he was nude all but for a black bra which he had on. He was not wearing anything else. I could also see that he had a wooden handled raw hide mallet sticking out of his anus. With his left hand he was holding his erect penis and with his right hand he was turning the pages to two pornographic magazinas which he had propped up on some blankets. After he turned the pages of the magazine, he rolled completely over onto his stomach. After rolling over onto his stomach, I could see that his left hand was still in the area of his pelvic region. After rolling over onto his stomach, I saw he was made thrusting movements into the area where his left hand was apparently still holding his penis. As he was making these thrusting movements into his left hand, he reached around with his right hand and grabbed the raw hide end of the mallet and thrusted the wooden handle in and out of his anus. He did this for several seconds and then stopped. At that time I identified myself as a G.G. police officer and he told him to stop his activity. He quickly stopped his activity and took the bra off. He then grabbed a sleeping bag and covered himself. I told him to put some clothing on and come out of the van. As I was watching him, I could see that his penis was still ;rect as he put on a white short sleeve T-shirt and light blue shorts. I the! had him get out of the van where I handcuffed him without incide-` 0000000722 ----------------------------------------- ------------- •----=�g� H1ITCFIINSON/19210401890..,.&-u--t —..,,, ..x.,,. °REST NARRATIVE 89-07622 647 (a) PC PAGE 2 OF 2 I asked BACON if I could go inside the van to retrieve the evidence which I saw him in possession of. I asked him this at approx 1131 hrs. He .told me that I could go back into the van. Prior to going inside the van, Sgt SANDERS arrived to"stand by with BACON. Once inside the van, I took custody of the two pornographic magazines, the black bra and the raw hide mallet. Also, BACON had a pair of black stockings and a black garterbelt which matched the bra. They were left inside the van because he was not using them at the time. I then transported BACON to G.G.P.D. for further investigation. I took mug photographs and fingerprints of BACON at G.G.P.D. I did not ask BACON any questions reference the incident so he was not Mirandized. BACON was released on Citation IGG323962. His court date was set for 05/10/89 at 0815 hrs. The items listed above as evidence were booked into Property 6, Evidence. The reason I placed BACON under arrest for 647 (a) PC, lewd act in a public place, was because anybody who was walking through the parking lot could have been curious as to why the van appeared to be vacant but was rocking side to side. Because the windows were done, any person, including a tall child, could have looked inside the van and seen BACON masturbating and thrusting the mallet in and out of his anus. public place. I request prosecution of BACON for 647 (a) PC, lewd act in a 0000000723 -------------------------- ---------------- HUTCHINSON/192/040189 'rmg/040289/1440/3107P CfTY OF GARDEN GROVE NOTICE TO APPEAR COUFrr COPY 10 &Any, WTUA(m,g- - - AWN= Ap ■ %Aft 023PONMRM - Ax ft� dwAdod an drad IN Uwe 406KO coc - am ommm ro o•7621 00"m Q Cr ARMISM4 I dNw" &w aume %aciomalm m vffnmT pALT 1 AFAR AT TME MK AM KM 0 ! MW OERM A AM= CM A CLAM CF WE MAdOM cam AAMMA COME TWOMOMMU - WAMMMMAUPWMUCa 301 cmy mm sot)TK CrAWL CALNUMA M" Ar•AJA tam bW Y 01 VCU AFP%W Ar I. ""affmcm 01.1 Lcm3AL Coksm or on Rfve ammw "a 0000000724 GARDEN GROVE POLICE DEPARTMENT PROPERTY/EYMME REPORT • EVIDENCE Q FOUND Q SAFE KEEP UG ENTER APs/AFS T YES( ) NO ( ) ITEM 0 DN 9-COMEMD 7G CASES PROPERTY BOOKED ON DAY MONTH DATE YEAR TIME WRITE TYPE OF GRIME OR INCIDENT A D 01E( ) ,) Address or occurrence: ILM UL41MU 219,E (WgQn.Qv FOUND PROPERTY:— Name of Finder Address ' - Phone Found Property Claim Filed:- Yes Q No Q Owner Notified: res Q No Q Name of Owner Address ' SAFEKEEPING: When to be Released To Whom _ Name of Depositor Address Phone of Owner Address Phone OFFICER i NO. �[/�T/� /l�i /�11N /!j� Officers Rewmaendatlon: L Office Review 0000000725 Clerk 01880/639A 6120/93/Il.X1 Form i 513A !. of ♦ i��� .r FOUND PROPERTY:— Name of Finder Address ' - Phone Found Property Claim Filed:- Yes Q No Q Owner Notified: res Q No Q Name of Owner Address ' SAFEKEEPING: When to be Released To Whom _ Name of Depositor Address Phone of Owner Address Phone OFFICER i NO. �[/�T/� /l�i /�11N /!j� Officers Rewmaendatlon: L Office Review 0000000725 Clerk 01880/639A 6120/93/Il.X1 Form i 513A a 5 6 7 8 9 10 11 12� 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 STUART SCUDDER, City Attorney, Bar No. 48644 CITY 0 GARDEN GROVE 11391 Acacia Parkway Garden Grove, CA 92640 (714) 741-5-757 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE THE PEOPLE OF THE STATE OF CALIFORNIA, ex rel STUART SCUDDER , City A.ttorney Of the CITY OF GARDEU GROVE, a nunicioal corporation, Plaintiff, vs. WALDON RANDALL NIELTY, an individual; A -Z BOOKS, INC., a California corporation; A?410 DOES 1 THROUGH 20, INCLUSIVE, CASE NO. X505395 DECLARATION OF NEIGHBOR OF A - Z BOOKSTORE Defendants. ) I,-Shcr,�q, Pt• 1vacQ e, do state as follows: 1. I 1 i v e at 6 La ASO In ck�) e- • CP Ce (-c) which is locates+ I'S +t`. (approxmiate distance - eDproxniate nunber of houses or feet) from the A - Z BOOKSTORE. 2. I have resided here since S2C-+,C)I , tQ8$ 3. That my unit is located on the (same or opposite �,lQ., side of the street/ate from A - Z BOOKSTORE. 4, Motor vehicle parking and traffic noise from cus- tomers of A - Z BOOKSTORE (has or has not) ka—a-unreasonably interfered with the use and enjoyment of my home in the following ways, and at the following times of day/nicht: 0000000725 1 2 3 4 5 6 7 8 9 10 11 12 13 14� 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. That the noise from the customers of A - BOOKSTORE (has/has not) -VD -'Z-,, kA&interfered with my q u i e enjoyment of my unit in the following ways: 9. Noise from A - Z BOOKSTORE (is/is not) a problem for me. (If noise is a problem, please complete the following:) Recently, within the past four (4) weeks, noise 0000000727 S. qty safety and the safety of my family members h been endangered by customers and/or managers of A - Z BOOKSTO in the following manner(s) and at the following times: al U—)1 LA / l OU Q A_UK . 6. The proximity of A -_ Z BOOKSTORE has adverse affected the health and morale of my children (aged -- ) the following ways: 7. Trash and BOOKSTORE (has/has not) the use and enjoyment of •tka `-�\1,, k QXLkM waste deposited by patrons of A - unreasonably affecte the neighborhood in the following ways: \LQ� �� U Q S . 8. That the noise from the customers of A - BOOKSTORE (has/has not) -VD -'Z-,, kA&interfered with my q u i e enjoyment of my unit in the following ways: 9. Noise from A - Z BOOKSTORE (is/is not) a problem for me. (If noise is a problem, please complete the following:) Recently, within the past four (4) weeks, noise 0000000727 1 2 3 4 5' 6 71 8� 9� i 10 11 12 13 14' 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 from A - Z BOOKSTORE has remained a problem, for example: n�-Vo A k u 0 to , G--� S , '& 1A amp I C)A&J,�I� &9=�d LZ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my personal knowledge. Execute'4 this -�1''�"� day of �(, 1989, at Garden Grove, California. 16036G/11-3-89 IhW • :t• Vim! 0000000728 rM i U11 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STUART SCUDDER, City Attorney, Bar No. 43644 CITY nc GAPOP! GROVE 1130.1 Acacia Parkway Garden Grove, CA 92640 (714) 741-5267 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE THE PEOPLE OF THE STATE OF CALIFORNIA, ex morel STUART SCUDDER, City Attorney of the CITY OF GARDEN GROVE, a municical corporation, Plaintiff, vs. WALDON ?ANDALL 4;ELTY, an individual; A -Z BOOKS, INIC., a California corporation; AND DOES 1 THPOUGN 20, INCLUSIVE, Defendants. I CASE NO. X505395 DECLARATION OF NEIGHBOR OF A - Z BOOKSTORE I, LAM -Sm 1RINH do state as follows: 1 . I live at So57 LA k5Qti' AV & 4 GARDEN C�QC E, CA 6:264(4 ►which is located 500 f t (approxmiate distance - dDDroxniatp. nu.,nber of houses or feet) from the A - Z BOOKSTORE. 2. I have resided here since Sc.pl �£3q 3. That my unit is located on the (same or opposite SA M C— side of the street/alley from A - Z BOOKSTORE. 4. Motor vehicle parkina and traffic noise from cus- tomers of A - Z BOOKSTORE (has or has not) }lPrS unreasonably interferer with the use and enjoyment of my home in the fol l o% -!i na %.,ays, and at the following times of day/night: F.,Oi'- . 0000000729 1 3 4 5 6i I 7' 8 9' 10! 11 12 13 14 15 16 17 181 191 20' 21 22 23 24 25 26 27 28 5. My safety and the safety of my family members has been endangered by customers and/or managers of A - Z BOOKSTORE in the followina manner(s) and at the following times: 1:0-C L4 y 1, 6. The proximity of A - Z BOOKSTORE has adversely affected the health and morale of my children (aged ) in the following ways: 7. Trash and waste deposited by patrons of A - Z BOOKSTORE (has/has not) MPtS unreasonably affected the use and enjoyment of the neighborhood in the following ways: T o b- c„ t0s, c--c� 8. That the noise from the customers of A Z BOOKSTORE (has/has not) HOCA. interfered with my quiet enjoyment of my unit in the following ways: = n(o, L%- g, 'Is" iC i �nc2 Qa �4usts:, 9. Noi se f rom A - • Z BOOKSTORE ( i s/i s not) is a problem for me. (If noise is a problem, please complete the following:) Recently, within the past four (4) weeks, _noise 0000000730 C 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271, 28 from A - Z BOOKSTORE has remained a problem, for example: Si9- �IIgu tf.xti hL-IYYQ_ -m,, r G�� rw+ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my personal knowledge. Executed t h i s QQ . day of �„otemj f Garden Grove, California. 6036G/11-3-89 , 1989, at 0000000731 LAM -So N C . P,10 H Resident of 8o5i LARSQr•% ASE A GARDEW c,Rcoc . CA 82644 0000000731 1 2 3 4 5 6 7. 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 i 28i STUART SCUDDER, City Attorney, Bar No. 48644 CITY OF GARDEN GROVE 11391 Acacia Parkway Garden Grove, CA 92640 (714) 741-5367 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE THE PEOPLE OF THE STATE OF CALIFORNIA, ) ex rel STUART SCUDDER, City Attorney ) of the CITY OF GARDEN GROVE, a ) municipal corporation, ) Plaintiff, vs. WALDON P,ANDALL WELTY, an individual; A -Z BOOKS, INC., a California corporation; AND DOES 1 THROUGH 20, INCLUSIVE, Defendants. ) CASE NO. X505395 DECLARATION OF NEIGHBOR OF A - Z BOOKSTORE %CSU do state as follows: 1. I l i v at # 1&-7 which i s located --IC-C- (approxmiate distance - aoproxniate number of houses or feet) from the A - Z BOOKSTORE. 2. I have resided here since ( 7-:(_.�_I 3. That my_ unit is located on the (same or opposite side of the street/alley from A - Z BOOKSTORE. 4. Motor vehicle parking and traffic 'noise from cus- tomers of A - Z BOOKSTORE (has or has not) r_/AS unreasonably interfered with the use and enjoyment of my home in the following ways, and at the following times of day/night: 0000000732 1 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. My safety and the safety of my family members has been endangered by customers and/or managers of A - Z BOOKSTORE in the following manner(s) and at the following times: ) , 6. The proximity of A - Z BOOKSTORE has adversely affected the health and morale of my children (aged in the following ways: ' J �_r.� ,1 '_� 'fir ;=%i Vii.%, t f��•�:;�i.L��i i� fj%L iC�•iC 01 6L .fi Trask an�dwaqe deposited by patrons of A - Z BOOKSTORE (has/has not) unreasonably affected -T the use and enjoyment of the neighborhood in the following ways: AZ X Ll l 8. That the noise from the customers of A - Z BOOKSTORE (has/has not) �_/ A interfered with my quiet enjoyment of my unit in the following ways: 7,1 Ja i 9. Noise from A - Z BOOKSTORE (is/is not) a problem for me. (If noise is a problem, please complete the following:) Recently, within .the past four (4) weeks, noise 0000000733 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 �Ifrom A - Z BOOKSTORE has remained a problem, for example: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my personal knowledge. Executed thisd—' day of �!�: 1989, at UQz Garden Grove, California. 16036G/11-3-89 Resident o 0000000734 fl 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STUART SCUDDER, City Attorney, Bar No. 48644 CITY OF GARDEN GROVE 1 1 391• Acacia Parkway Garden Grove, CA 92640 (714) 741-5367 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE THE PEOPLE OF THE STATE OF CALIFORNIA, ) CASE NO. X605395 ex rel STUART SCUDDER, City Attorney ) of the CITY OF GARDEN GROVE, a ) - municipal corporation, ) Plaintiff, vs. WALDON RANDALL WELTY, an individual; A -Z BOOKS, INC., a California corporation; AND DIES 1 THROUGH 20, INCLUSIVE, Defendants. DECLARATION OF NEIGHBOR OF A - Z BOOKSTORE do state as follows: 1 . I live at 91/sn'_115417.1''63_�L"c"SGr� `IF`11cr L-Aext'- ; which is located ttih;�yi;�lne�� Twc units bej{�B(Proxmi ate distance - aoproxniate number of houses or feet) from the A - Z BOOKSTORE. 2. I have resided here since g Jam' . 3. That my unit is located on the (same or ooposiof the street/alley from A - Z BOOKSTORE. 4. Motor vehicle parking and traffic°noise from cus- tomers of A - Z BOOKSTORE (has or has not) c1 unreasonably interfered with the use and enjoyment of my home in the following ways, and at the following times of day/night: f lclffly A6 Ih/ fh(1-10 hl 0000000735 1 2 3 4 5 6 7 8 9'. i 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26'. 27i 28' 5. My safety and the safety of my family members has been endangered by customers and/or managers of A - Z BOOKSTORE in the following manner(s) and at the following times: rr \� rr,/�C ' TJ C_:1•..<!� ) _ L sir ,r 1� y _ r 1 rn°..1i• _: 1� l,i�'E l/ <� jilt H4 ri�r��c Mid �rl.ill+ 011 Tw 1 ,.; \. i.� �. ( '1/ t T ♦ rYl ice' Yi. _'. ,'� TilG ! i.:t�{�"y t-CC•Yt t% tC� ` ril.t (C,.. 6'. The proximity of A - BOOKSTORE has adversely affected the health and morale of my children (aged ) in the following ways: 7. Trash and waste deposited by patrons of A - Z BOOKSTORE (has/has not) ba(� unreasonably affected the use and enjoyment of the neighborhood in the following ways: L hi r, �'C 31 l -CT (--�c n -TTC r7l tc Y j I w¢ �r 1' Gl �r �i-�Pr •► i l�C— �� kT�1� Irk (C:±%J4 J?Ych '-1 S. That the noise from the customers of A - Z BOOKSTORE (has/has not) ha <, interfered with my quiet enjoyment of my unit in the following ways: .c14I a IL 1 % r —CLQ.IC- 0YJ,'1 ri A 1 &ttz hTCit �'1'ln- 9. Noise from AT- Z BOOKSTOR (is/is not) a problem for me. (If noise is a problem, please complete the following:) Recently, within the past four (4) weeks, noise 0000000736 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 from A - Z BOOKSTORE has remained a problem, for example: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my personal knowledge. r1 � Executed this _ day of 1989, at Garden Grove, California. 16036G/11-3-89 Resident of. L.,, c,1 0000000737 m 4 5 6 7 8 9''. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STUART SCUDDER, City Attorney, Bar No. 48644 CITY OF GARDEN GROVE 11391 Acacia Parkway Garden Grove, CA 92640 (714) 741-5367 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE THE PEOPLE OF THE STATE OF CALIFORNIA, ex rel STUART SCUDDER, City Attorney of the CITY OF GARDEN GROVE, a municipal corporation, Plaintiff, vs. WALDON RANDALL WELTY, an individual; A -Z BOOKS, INC., a California corporation; ANO DnES 1 THROUGH 20, INCLUSIVE, Defendants. CASE NO. X505395 DECLARATION OF NEIGHBOR OF A - Z BOOKSTORE do state as follows: v e a t yG 3/ which is located /G'L`C% F' (approxmiate distance - approxniate number of houses or feet) from the A - Z BOOKSTORE. 2. I have resided here since 3. That my unit is located on the (same or opposite S4WrL-, side of the street/alley from A --Z BOOKSTORE. 4. Motor vehicle parking and traffic noise from cus- tomers of A - Z BOOKSTORE (has or has not) 14A S* unreasonably interfered with the use and enjoyment of my home in the following ways, and at the following times of day/night: 0000000738 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. My safety and the safety of my family members has been endangered by customers and/or managers of A - Z BOOKSTORE in the following manner(s) and at the following times: i 6. The proximity of A - Z BOOKSTORE has adversely affected the health and morale of my children (aged ) in the following ways: 7. Trash and waste deposited by patrons of A - Z BOOKSTORE (has/has not) ,l1/6 unreasonably affected the use and enjoyment of the neighborhood in the following ways: '7 1) { �L _;,v?;� �2c}.C. /Q/�[.�. /'r1l.:Cl�! r" 1 r'' r c /•'I; r; i - 8. That the noise from the customers of A - BOOKSTORE (has/has not) interfered with my quiet enjoyment of my unit in the following ways: n E (!' -S/V4, ;, 7A d _ t' ' �- C�c'_c.r i T/L f�LLZ I/, _ J /.c'44CArc . 9. Noise from A - Z BOOKSTORE (is/is not) s a problem for me. (If noise is a problem, please complete the following:) Recently, within the past four (4) weeks, noise 0000000739 1 2 3 4 5 6 7 8 9i 101 11 12 13 14 15 161 17 18 19 20 21 22. 23 24 25 26 27 28 from A - Z BOOKSTORE has remained a problem, for example: <./-7) ;T I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my personal knowledge. Executed this Garden Grove, California. 16036G/11-3-89 day of 1989, at esidentk- .; f-�'�•v� ��7 <11 , t f-1 A-7 % 1; - .1 '4' V 00000007aO tl 1 2 3 4 5 6 7 8' 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STUART SCUDDER, City Attorney, Dar No. 48644 CITY OF GARDEN GROVE 11391 Acacia Parkway Garden Grove, CA 92640 (714) 741-5367 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE THE PEOPLE OF THE STATE OF CALIFORNIA, ex rel STUART SCUDDER, City Attorney of the CITY OF GARDEN GROVE, a municipal corporation, Plaintiff, vs. WALDON RANOALL WELTY, an individual; A -Z BOOKS, INC., a California corporation; AN9 DOES 1 THROUGH 20, INCLUSIVE, CASE NO. X505395 DECLARATION OF NEIGHBOR OF A - Z BOOKSTORE Defendants. ) t5R:k k,yD iZ A,- cx?l do state as follows: 1. I live at Q'� � L +�, R_( 0 - which i s 1 orated &Mew- ( approxmi ate distance - approxniate number of houses or feet) from the A - Z BOOKSTORE. 2. I have resided here since 3. That my unit is located on the (same or opposite Pn✓%C. side of the street/alley from A --Z BOOKSTORE. 4. Motor vehicle parking and traffic noise from cus- tomers of A - Z BOOKSTORE (has or has not) _unreasonably interfered with the use and enjoyment 'of my home in the following ways, and at the following times of day/night: C � DAr&1t- i_UCF_ L E ► \ A -h 0000000749 1 2 3 4 5 6 7 8 9 10 11 12 131 14' 151 16 17 18 19 20 21 22 23 24 25 26 27 28 mak' �iL��s.'�Lr'� E"1� ti i� JcC►L t�-Et /�� l . S i►, v �; < < =c= 5. My safety and the safety of my family members has been endangered by customers and/or managers of A - Z BOOKSTORE in the following manner(s) and at the following times: 6. The proximity of A - Z BOOKSTORE has adversely affected the health and morale of my children (aged 11 ) in the following ways: Sr`L' l,Vhr GO Ft m4 Tt\e«- 1. Trash and waste deposited by patrons of A - Z BOOKSTORE (has/has not) unreasonably affected the use and enjoyment of the neighborhood in the following ways: l3 tic L .� .� c`L h S lac 8. That the noise from the customers of A - Z BOOKSTORE (has/has not) k o, --S interfered with my quiet enjoyment of my unit in the following ways: 7 1_.N�e- 9. Noise from A - Z BOOKSTORE (is/is not) ` J a problem for me. (If noise is a problem, please complete the following:) Recently, within the past four (4) weeks, noise rv- ,o 2 e c, L ,s V 00000007, -. W Com- V- 1 U 't D I L " 0,J CL S A- "IN T**- u l t2 1 2 3 4 5 6 7 8 9 10 11 12I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ilfrom A - Z BOOKSTORE has remained a problem, for example: I declare under penalty of perjury under the laws of the State of California that the. foregoing is true and correct of my personal knowledge. Executed this day of 1989, at Garden Grove, California. 4.silent o Lf�ti- 16036G/11-3-89 0000000743 1 2 3 4 5 6 7 8 9 10 11 12 13 14i 151 16 171' 18' 19 20 21 22 23 24 25 26 271 28 STUART SCUDDER, City Attorney, Bar No. 48644 CITY OF GARDEN GROVE 11391 Acacia Parkway Garden Grove, CA 92640 (714) 741-5367 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY,OF ORANGE TH+E PEOPLE OF THE STATE OF CALIFORNIA, ex rel STUART SCUDDER, City Attorney of the CITY OF GARDEN GROVE, a municipal corporation, Plaintiff, vs. WALDON RANDALL WELTY, an individual; A -Z BOOKS, I111C., a California corporation; AND DIES 1 THROUGH 20, INCLUSIVE, Defendants. CASE NO. X605395 DECLARATION OF NEIGHBOR OF A - Z BOOKSTORE I, J Ke,o H ly G do state as follows: 1. I live at '�,C� L�Q CO ti which is located 2� S1v S (approxmiate distance - approxmiate number of houses or feet) from the A - Z BOOKSTORE. 2. I have resided here since 11% 0 3. That my unit is located on the (same or opposite S side of the street/alley from A - Z BOOKSTORE. 4. Motor vehicle parking and traffic noise from cus- tomers of A - Z BOOKSTORE (has or has not) _unreasonably interfered with the use and enjoyment of my home in the following ways, and at the following times of day/night: 0000000744 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24' 25 26 27 28 5. My safety and the safety of my family members has been endangered by customers and/or managers of A - Z BOOKSTORE in the following manner(s) and at the following times: I ej ell Ck J i A IL 41 "v 6. The proximity of A - Z BOOKSTORE has adversely affected the health and morale of my children (aged. ) in the following ways: ci7. Trash and waste deposited by patrons of A - Z BOOKSTORE (has/has not) q S unreasonably affected the use and enjoyment of the neighborhood in the following ways: + 1 I t P , . e,,L 15 �c Vilj 8. That the noise from t9e customers of A - Z BOOKSTORE (has/has not) interfered with my quiet enjoyment of my unit in the following wayRs: �i C• %�� r• +L f 9. Noise from A - Z BOdKSTORE (is/is not) 1 a problem for me. (If noise is a problem, please complete the following:) Recently, within the past four (4) weeks, noise 0000000745 1 2 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 from A - BOOKSTORE has remained a problem, for example: vi I I� L14 Q 4 I declare urLder penalty of perjury under the laws of the State of California that the foregoing is true and correct of my personal knowledge. Executed this day of N6V , 1989, at Garden Grove, California. 16036GJ11-3-89 ,3.&JNI VIKAWMUMMY, { ., -% 0000000746 1 2 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STUART SCUDDER, City Attorney, Bar No. 48644 CITY OF GARDEN GROVE 11391 Acacia Parkway Gardenrove, CA 92640 (714) 741-5367 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE THE PEOPLE OF THE STATE OF CALIFORNIA, ex rel STUART SCUDDER, City Attorney of the CITY OF GARDEN GROVE, a municipal corporation, Plaintiff, My WALDON RANDALL WELTY, an individual; A -Z BOOKS, INC., a California corporation; AND DIES 1 THROUGH 20, INCLUSIVE, Defendants. ) I , '661zz)�- -, Z .C?E� CASE NO. X605395 DECLARATION OF NEIGHBOR OF A - Z BOOKSTORE /J do state as follows: 1 . I live at s4w Sr- which Twhich is located 14W (approxmiate distance - aoproxmiate number of houses or feet) from the A - Z BOOKSTORE. 2. I have resided here since eF 3. That my unit is located on the (same or ,a�Dpo ' side of the street/alley from A - Z BOOKSTORE. 4. Motor vehicle parking and traffic noise from cus- tomers of A - Z BOOK STORE�('fia' 2or has not) �'-S unreasonably interfered with the use* and enjoyment of my home in the following ways, and at the following times of day/night: r J ilk Os�.efri,vG ��2Gi9 /S O.0 �-� �/1�-t� ,4Gi 00000007a7 �Z% CO�vSTi1.v?" F�iy per' fit'/1rJwU/3iLEs T�,2dllfr/j�' Z;% i' -G G f✓ .o.5r' AIZZ,-n+_ ? . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. My safety and the safety of my family members has been endangered by customers and/or managers of A - Z BOOKSTORE in the following manner(s) and at the following times: 6. The proximity of A - Z BOOKSTORE has adversely affected the health and morale of my children (aged in the following ways: 7. Trash and waste deposited by patrons of A - Z BOOKSTOREh /has not) unreasonably affected the use and enjoyment of the neighborhood in the following ways: A/UT7C-�y%S •�i.c�6- �' div i`7r /.j/t/r�JV Ute' r71,5- /vim' SPT l�G�•c/lr (,!i/Cff / /GN1 Nc t'T TD GY/�2 TJZ.itd/t 11V 8. That the noise from the customers of A - Z BOOKSTORE,/has not) /�/d interfered with my quiet enjoyment of my unit in the following ways: �J lc�G�.cilr l/irs .c�c�i�` Gl/!rL•-iTi �'lJrc4/�/l� Ctl� WIS v /S a 9. Noi se from A - Z BOOKSTOR i i s not) problem for me. (If noise is a problem, please complete the following:) Recently, within the past four (4) weeds ,noise 0000000748 I from A - Z BOOKSTORE has remained a problem, for example: 2 e�,/p G GTJ.-61-�i 3 4,c-,7-1 LvG/I� ,�iC/�1 D�3` .SCG •r ��,v�jE.c,� �9?�C;�t�-S�o 4 / O.v�G sfC% � /Vi9.v I declare under penaltyof erjury under the laws of 6 �s ,vlr s� /-Y the State of California that the foregoing is true and correct 7 of my personal knowledge. 8 Executed t h i s day of 1989 at 9 Garden Grove, California. 10 11 12 Resident o _ 13 14 15 6036G/11-3-89 16 17 18 19 20 21 22 23 24 25 26 27 28 0000000749 1 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STUART SCUDDER, CitY Attorney, Bar No. 48644 CITY CF G ADP! GROVE 113:1 Acacia Parkway Garden Grove, CA 9264; (714) 741-5367 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE THE PEOPLE OF THE STATE OF CALIFDR"IA, ex rel STUART SCUDDER, City Attorney of the CITY OF ARDEN GROVE, a nunicioal corDOration, Plaintiff, vs. WALD0'1 PANOALL y!ELTY, an i ndi vi.dual ; A -Z BOOKS, INC., a California corporation; ANO DPES 1 THP.OUGH 20, INCLUSIVE, CASE NO. X505395 DECLARATION OF NEIGHBOR OF A - Z BOOKSTORE Defendants. ) I, CAr'A./Bff, do state as follows: 1 . I 1 i ve at s9 -3'X— g1„lT teDiii-r✓ 6 eo.,W 127- ✓ wi11Ch i s located �Sn f7 (approxmiate distance - approxmiate number of houses or feet) from the A - Z BOOKSTORE. 2. I have resided here since / q g 5 3. That my unit is located on the (same or 0000site _S-,orrr/' side of the street/alley from A - Z BOOKSTORE. 4. Motor vehicle parking and traffic onoise from cus- tomers of A - Z BOOKSTORE (has or has not) 14AS unreasonably interfered with the use and enjoyment of my home in the following ways, and at the following times of da-� aht: 19LL 04 L)ND n/14H f- 1?i4/t Yc / n/c d c/ 7 S i p r Af 1/ ,!c ? � 4' 0000000750 — 1 3 4 5 6 7 8 9 10 11' 12' 13 14' 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 5. qty safety and the safety of my family members has been endangered by customers and/or managers of A - Z BOOKSTORE in the following manner(s) and at the following times: -7;;46 Q4 KW /N6 a ( i'f CA TF_ ,a ? 5 s ^r n4 oG /5 17 bi!-'.aCLl1-7 row icy T'yw -",«cK To C/2-7 .../ W9 r ---y Wr ARE 7oa.,0'yG eWs 6. The proximity of A - -7_ BOOKSTORE has adversely affected the health and morale of my children (aged ) in the following ways: 7. Trash and waste ,d/eposited by patrons of A - Z BOOKSTORE (has/has AM) /�7N/ unreasonably affected the use and enjoyment of the neighborhood in the following ways: .� yS'!o M ti.�S /�s•-s �.�i5 ,t�ec �r S�e.c� � 'l�fz 1 4P�i Nc c F eo .w W04.0 -Y :L6!! ;e 17,f V i :,i ?o •`r Y w a.-- ►/ ra F 5/ .o ¢/ r T7i.14 8. That the noise from the customers of A - Z BOOKSTORE (has/has not) .y�'r"5interfered with my quiet enjoyment of my unit in the following ways: ./,4 ✓6 A , r/P-Cb o,✓ MV F4 4G0- M_r �!F Ito H ,4LL riff CA AV -StoPPIiJ4 k Sh'o'e'/ 9. Noi se from A - Z BOOKSTORE ( i s/i s not) a problem for me. (If noise is a problem, please complete the following:) Recently, within the past four (4) weeks, noise 0000000751 1 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 !from A - Z BOOKSTORE has remained a problem, for example: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my personal knowledge. Executed t h i s q day of 1989, at Garden Grove, California. 16036G/11-3-89 Resident of S21r GaebeW r-ay&(3L✓1 0000000752 1 9988-4694 PARK RULES -CLOSING TIMES LOCATION: SWEYOLOCKEN BOAT RAMP 3000-BELLEVUE WAY SE BELLEVUE, WA. 98004 SUSPECTS: IN GATTEE/P ME: 04-16PFFFURS `` 1 THE FOLLOWING INCIDENT OCCURRED IN THE CITY OF BELLEVUE, COUNTY OF KING, STATE OF'14ASHINGTON ON DATE AND TIME LISTED. I WAS ON ROUTINE PATROL CHECKING THE SWEYOLOCKEN BOAT RAMP LOT- AS I ENTERED THE LOT I OBSERVED A BLUE MAZDA TRUCK ND A BLUE GEO STORro PARKED IN THE NORTH PART OF THE LOT. AS I ILLUMINATED THE VEHICLES I SAW TWO WHITE MALES WALK QUICKLY BETWEEN THE VEHICLES AND A SUBJECT JUMPED INTO THE GED STORM(ID'D LATER AS: �. I EXITED MY PATROL CAR(FLASHING LIGHTS ACTIVATED) AND I WALKED OVER TO THE SUBJECTS. AS I GOT CLOSE TO THEM(BETWEEN THE CARS) I COULD SMELL THE ODOR OF BURNING MARIHUANA. I HAD THE SUBJECTS STEP AWAY FROM THE VEHICLES. I THEN ASKED THEM TO STEP OVER BY MY PATROL CARC#440). I ASKEDJ1111NOWHAT HE WAS DOING IN THE PARK. HE TOLD ME THAT THEY HAD JUST MET UP THE STREET(R&R ADULT TOYS) AND THEY WERE JUST TALKING. I ASKED WHAT THEY WERE TALKING i ABOUT. HE THEN TOLD ME THAT THEY WERE DISCUSSING A "THREE WITH HIS GIRLFRIEND. I ADVISED�THAT HE WAS UNDER iWAY" ARREST FOR THE PARK RULES VIOLATION (CLOSING TIMES). HE WAS WAS OF MY PATROL CAR. SEARCHED AND PLACED INTO THE REAR - I t I ASKED WHAT HE WAS DOING IN THE PARK. HE TOLD -i ME THAT THEY WERE JUST TALKING. I ASKED J1111MWHAT THEY WERE TALKING ABOUT. AINIMMTHEN TOLD ME THAT THEY HAD MET AT R&R ADULT TOYS, THAT THEY HAD DROVE DOWN TO THE PARK BECAUSE THEY WERE GOING TO ENGAGE IN -ORAL OR ANAL SEX. I THEN TOLD911111M THAT. HE WAS UNDER ARREST FOR THE PARK RULES VIOLATION (CLOSING TIMES) AND HE WAS ALSO SEARCHED AND PLACED INTO MY PATROL CAR. I SEARCHED #jjjjaftVEHICLE INCIDENT TO ARREST AND FOUND i NOTHING. A RECORDS CHECK WAS COMPLETED ON BOTH SUBJECTS AND THEY WERE FOUND TO BE CLEAR. BOTH SUSPECTS WERE ADVISED OF i THEIR RIGHT TO AN ATTORNEY AND THAT IF THEY COULD NOT AFFORD J ONE THAT THE COURT WOULD PROVIDE ONE FOR THEM: CITATION = . l 9BC116637 WAS FILLED OUT F RAND CITATION 9BC116638 .WAS FILLED.OUT FOR I ISSUED THEM THEIR CITES AND THEY WERE RELEASED UPON SIGNING. THEY WERE BOTH EXPLAINED BOTH SIDES OF THEIR CITES.• I CLEARED THE SCENE AND COMPLETED THIS REPORT. THIS CONCLUDED MY INVOLVEMENT IN THIS CAS r::.:J_Ni nvu??. REl�TE0 �iT6iIOTL1NFFI.�TF�V rIVLtc ESS Ao7FOVL\GFf CES *:O. �o2Lfy Police & other City Records III - B 0000000753 MEMORANDUM Blaine Department of Public Safety Police Division To Members of the Blaine City Council Via Anthony Mortillaro, City Manager From Bill Elfo, Director of Public Safety Date September 8, 1998 Subject Blaine Book Company The following information represents a summarization of two reports of criminal activity that were alleged to occur within or near the Blaine Book Company and the unwillingness of employees or management of the Blaine Book Company to assist in preventing or solving crimes occurring on their premise: Allegation of Rape On February 24th, 1998 a 27 year old married Cloverdale, British Columbia housewife reported to the Royal Canadian Mounted Police (RCMP) that she had been raped on February 23, 1998 at the Blaine Book Company. After determining that the crime had occurred within the United States, the RCMP referred the matter to the Blaine Police Division. The alleged victim reported that she met a 43 year old married Burnaby, British Columbia resident who is employed in the funeral business through a "voice personal" advertisement in a Canadian newspaper. Following telephone conversations, the two met for the first time in a Cloverdale coffee shop. The alleged victim reported that she accompanied the suspect into the United States and that he drove directly to the Blaine Book Company. The alleged victim had never before been to the Blaine Book Company and expressed reservations about entering. She said the suspect told her that he was only going to stop by for a minute to see a friend. Upon entering the Blaine Book Company, the alleged victim reported that the suspect and clerk engaged in small talk and apparently knew each other. After purchasing tokens, the suspect took her to viewing booth and instructed her to take her clothes off. The victim indicated she felt uncomfortable because of the type of inventory that was present in the store. The victim indicated that she had never previously been inside a viewing booth and felt very scared. The alleged victim reported that she refused the suspect's demands to undress and that the suspect then undressed her. Over a period of several hours, she was manacled behind her back, beaten with a leather strap, pulled by the hair, beaten on the head, forced to refer to the suspect as "master", raped by the suspect several times, forced to copulate with multiple males in an adjoining viewing booth through a hole that had been drilled in the walls separating the booths and watched the suspect copulate with penises that were inserted through the hole. Police and Other City Records 0000000754 III -C The male suspect twice voluntarily entered the United States and reported to the Blaine Police Division to answer questions about the allegations. After being tendered appropriate rights and waiving his right to remain silent and/or consult with counsel, he, among other things, admitted to having vaginal and oral sex with the female in the booth, manacling and beating the female, forcing her to fellate two to three unidentified males in an adjoining booth through a hole that had been drilled between the walls, to fellating males in an adjoining booth through the hole and to inserting his tongue and penis into the female's vagina. While the suspect admits to performing most of the acts alleged by the female, his defense is that the female's participation was an entirely voluntary and consensual and was part of a role playing fantasy. At the time of investigation, officers found the presence of semen and pubic hair in the arca of the holes and quantities of semen on the floors and walls of the booths. Used condoms were later found on the floor of the hallway leading to the viewing booths. The suspect reported that persons in viewing booths contact persons in adjoining booths through holes that are drilled in the wall separating the booths. First a finger is inserted and then the person in the adjoining booth returns the signals. Following the signals, either participants can put a penis through the hole. The alleged victim confirmed that that type of signaling occurred during her ordeal. The alleged victim reported that she had screamed for the suspect to stop and that her screams were loud enough to be heard throughout the store. According to the alleged victim, at one point the clerk came back and told the suspect "would you keep it down in there, keep her quiet." Thomas Landry, a clerk at the store, reported that he heard a lot of sound coming from the booth and admitted that he had asked the two to be quiet. During the investigation of the incident, employees of the Blaine Book Company, were asked to provide copies of certain materials that could lead to the identity of possible suspects and/or witnesses. They refused to provide the material. On May 8th, 1998 Cathy Bates, a local realtor who purports to represent the Blaine Book Company and who in the past represented herself as a director of the corporation, told Chief Elfo "to back off' the proposed ordinance. During the same conversation, she stated that the entire episode in the viewing booth had been videotaped. When asked by Chief Elfo why the tapes were not turned over to the police, Mrs. Bates stated "don't be stupid, he is going to protect his customers, no one will ever sec those tapes again." Mrs. Bates spoke of the perpetrator as if she knew him (referring to him as Pcppy) and indicated that the alleged victim was a transvestite in transition. Allegation of Solicitation of Minor for Prostitution The Blaine Book Company adjoins a small City Park. On July 21, 1998 a 40 year old Canadian resident exited the Blaine Book Company and approached a 15 year old girl who was sitting on a park bench. He solicited her for prostitution and attempted to lure her into his nearby vehicle. Although the victim refused the suspect's advances and informed the suspect that she was only 15 years old, he continued to harass her and 0000000755 offered to pay her well. A retired constable of the Royal Canadian Mounted Police saw what was occurring and attempted to aid the girl. The suspect quickly jumped into his vehicle and fled into Canada. The suspect was later identified and charged with soliciting for prostitution. During an interview, he indicated that he frequents the Blaine Book Company 2-3 times a week. The suspect failed to appear for his arraignment and an arrest warrant has been issued for his arrest. Robert Utecht, the clerk on duty in the Blaine Book Company reported that he had not seen anyone matching the description of the suspect in the store. During a subsequent interview, the suspect admitted to being in the store at the date and time in question and to knowing Robert Utecht. cc: Stephen Smith, Preston, Ellis and Gates City Attorney Matt Elich 0000000756 Attachment 4 I eOFBy 33530 1ST WAY SOUTH DATE: February 12, 1999 To: Federal Way Planning Commissioners (206) 661-4000 FEDERAL WAY, WA 98003-6210 FROM: Stephen Clifton, Community Development Services Direct, SUBJECT: Additional Information for February 17, 1999, Planning Commission Hearing On Adult Uses As requested by Planning Commissioners at the February 3, 1999, public hearing, the following enclosed information responds to questions and issues raised by Commissioners: 1. February 17, 1999, Planning Commission Agenda. 2. Minutes from the February 3, 1999, Planning Commission Hearing. 3. February 12, 1999, Memorandum from Londi Lindell regarding Summary of Studies, Cases and Police Records on Secondary Effects of Adult Retail Establishments. 4. February 12, 1999, Memorandum from Londi Lindell regarding Adult Retail Ordinance — Amortization Issue. 5. Proposed Ordinance — Typographical corrections and revised Section 3. 6. Exhibit A — Revisions to Items B, C, and D. 7. Exhibit B — Revisions to Land Use Zone Charts. "Adult Uses" has been added to the title of each chart. Additionally, please note revised Note 7 and language just following Item 7 of each chart. City staff will be available at the next public hearing to answer any questions you might have about the above listed items. K ACOMMON. AMADMIN 1 TLANCOM\ 1999TD021299. W PD February 17, 1999 7:00 p.m. City of Federal Way PLANNING COMMISSION Regular Meeting City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. EXECUTIVE SESSION ow Litigation/Pursuant to RCW 42.30.110(1)(i) 7. COMMISSION BUSINESS uw PUBLIC HEARING — Continued Adult Entertainment Amendments 8. ADDITIONAL BUSINESS 9. AUDIENCE COMMENT 10. ADJOURN KACOMMON.AD\ADMIN 1 \PLANCOM\ 1999\021799A. W PD City of Federal Way PLANNING COMMISSION February 3, 1999 City Hall SUMMARY Commissioners present: Robert Vaughan (Chair), Dean Greenough, Karen Kirkpatrick, William Drake, John Caulfield, Eric Faison, and Jim Sempek. Commissioners absent: none. Alternative Commissioners present: Hope Elder, Ed Soule, and Sophia McNeil. Alternative Commissioners absent: Adebola Adekoya. Staff present: Community Development Services Director Stephen Clifton, City Attorney Londi Lindell, and Administrative Assistant E. Tina Piety. Chair Vaughan called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of December 2, 1998, were approved. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT Mr. Clifton introduced himself as the new director of Community Development Services. He informed the commission that the American Planning Association's National Planning Conference will be held in Seattle this year (April 24-28). The department will fund a spot for the commission that the commissioners can share among themselves. The commissioners will be sent a copy of the program so that they may work out a schedule. EXECUTIVE SESSION At 7:06 p.m., Chair Vaughan announced that the Planning Commission would be in Executive Session until 7:30 p.m., pursuant to RCW 42.30.110(1)(i), in regards to potential litigation. At 7:30 p.m., Ms. Piety announced that the Executive Session would continue for an additional ten minutes. The session was concluded at 7:40 p.m. COMMISSION BUSINESS— Public Hearing: Adult Entertainment Amendments The Public Hearing opened at 7:46 p.m. Mr. Clifton gave the staff presentation. Adult Entertainment within the city is regulated by the Federal Way City Code, Chapter 22. There are currently six such facilities in Federal Way (see Exhibit C of the staff report). Studies have shown that there are adverse secondary effects from adult retail establishments, such as increased crime rates, depreciation of property values, discarded pornographic literature which could become available to minors, etc. The proposed amendments are intended to mitigate/minimize these adverse secondary effects, while protecting reasonable alternative avenues of communication. Mr. Clifton went over the City of Federal Way Comprehensive Plan (FWCP) goals that support the proposed amendments (see the staff report). He stated that additional FWCP policies (not included in the staff report) include: Planning Commission February 3, 1999 2 City Center Policy #8 — "Establish guidelines that list compatible uses." City Center Policy #12 — "Develop guidelines that ensure effective transitions between different land uses and higher and lower densities." Mr. Clifton went over the proposed amendments as outlined in the Planning Commission Staff Report and the criteria that must be met to amend the Federal Way City Code. Ms. Lindell presented the commission with a handout stating additional language to the "sunset clause," Section 22-338.2. The additional language allows for a possible extension to the one year amortization period for those with extreme economic hardship based on an irreversible financial investment made prior to the time the public was first made aware that this amendment was proposed, specifically, February 1, 1999. The question arose as to how long of an extension? How long would the process take? In addition, who determines what is an economic hardship? Ms. Lindell replied that this would be an administrative process and the time line would be decided by the Community Development Services Director. The commission asked if this sunset clause is modeled in other jurisdictions. The staff will research this question. Would these amendments affect other adult services (i.e. massage businesses)? The amendments would only affect those business that met the definition of an adult entertainment, activity, retail, or use. Are the changes similar to other jurisdictions and will they not raise the risk of secondary impacts? There is a wide variety of regulations between jurisdictions. The city has based the changes on what are "reasonable" alternative avenues of communication. The 500 feet setback between establishments would not allow clustering. Concern was expressed that 500 feet is less than other cities (see Exhibit H of the staff report) and the city could require at least 660 feet. Staff will research increasing the setback to 660 feet. Did the city consider any other zones? Staff will research this further. Ms. Lindell noted that residential comes very close to Pacific Highway South, making most if it untenable for adult establishments. The Public Testimony was opened at 8:25 p.m. There was no public comment. The Public Testimony was closed at 8:26 p.m. It was m/s/c to continue the Public Hearing to February 17, 1999, at 7:00 p.m. in the City Hall Council Chambers. ADDITIONAL BUSINESS Chair Vaughan announced that the Planning Commissioners have been invited to the Boys and Girls Clubs Breakfast. AUDIENCE COMMENT None. ADJOURN It was m/s/c to adjourn the meeting at 8:28 p.m. KACOMMON. AMADMIN I\PLANCOM\ 1999N020399S.WPD CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: February 12, 1999 TO: Federal Way Planning Commission FROM: Londi K. Lindell, City Attor 7� SUBJECT: Adult Retail Ordinance - Amortization Issue The Issuc. At your request, I have researched the issue regarding an appropriate amortization period for a non -conforming adult retail use affected by the proposed adult retail ordinance. Short Conclusion. Although one Washington Supreme Court case approves a 90 -day amortization period, a Ninth Circuit Court of Appeals decision struck down a 60 -day period. The lesson from these and similar cases is that the validity of the amortization period is determined on a case-by-case basis, balancing the hardship to the affected business with the purposes served by the ordinance creating the non -conforming use. In extreme cases, amortization periods up to five years have been held to be necessary to allow businesses to overcome a zoning change hardship. A code provision providing only a specific time period will not allow consideration of the factual basis requiring a certain length of time to overcome any financial hardship caused by such amortization provision. In order to allow flexibility in amortization periods, I recommend a fixed period, followed by an opportunity to petition for an additional period on a showing of hardship (see attached Exhibit "A"). Discussion. The principal Washington authority on the issue is Northend Cinema, Inc. vt Gly Qt Seattle, 90 Wn.2d 709, 720-22 (1978), cert, denied sub nom., 441 U.S. 946 (1979). In that case the City of Seattle established a 90 -day moratorium period for non -conforming adult theaters affected by an adult entertainment zoning ordinance. The court determined that the period would be adjudged by a reasonableness test, balancing the economic hardship against the public benefit to be gained by termination. On the facts presented, the theaters presented little evidence of economic hardship. For example, one theater had an informal (month-to-month) lease; another had no lease at all; the third had fully depreciated its investment in the premises. Memo to Planning Commission February 12, 1999 Page 2 An interesting compendium of amortization cases is set forth in "Validity of Provisions for Amortization of Nonconforming Uses," 8ALR 5th 391. The article contains a section devoted to cases dealing with adult entertainment uses. Id. at § 10 and the majority of referenced cases uphold the ordinance at issue. Several of the cases upholding amortization ordinances involve periods of one year or longer. See e. Q.. Castner v. City of Oakland, 129 Cal. App. 3d 94 (App. Div. 1982) (one year); Bonnell. Inc. v. Oklahoma City, 791 P.2d 107 (Ok. Ct. App. 1989) (five years); Town of Islib v. Cavigilia, 540 N. E.2d 215 (N.Y. Ct. Of App. 1989) (five years). Several of the cases upholding amortization periods emphasized the opportunity to extend the fixed period by application. F,g., County of Cook v. Renaissance Arcade & Bookstore, 522 N. E.2d 73 (Ill. 1988) (six months plus automatic extension of six months on application and additional period for showing of hardship); SDJ, Inc. v. Houston, 636 F. Supp. 1359 (S.D. Tex. 1986) (six months plus avenue for extension). Given the fact -specific inquiry, an entity with a significant capital investment, a long-term lease or other financial hardship will require a longer period. It seems appropriate therefore, to start with a period which compares favorably to Northend Cinema (e.g. the proposed one year period) and provide a means for extension on a showing of hardship. Conclusion. I recommend that the ordinance allow for a one year amortization period and permit an additional time period upon a showing of "extreme financial hardship." The proposed provision requires the applicant to file an application for an extension within 120 days of the effective date of the code. Staff estimates that it will take approximately 90-120 days to review the information submitted by the applicant establishing an extreme economic hardship and issue a decision on the request for an extension of the amortization period. Consistent with the above referenced legal authority, the Director's decision of whether or not to approve such a request will be upon a showing of extreme economic hardship based upon irreversible financial investments which precludes other reasonable uses of the property. In order to avoid the opportunity for a business owner to make such financial commitments during the amortization period, the proposed code requires that the investment be made prior to February 1, 1999. Please contact me if you have any additional questions or comments. cc: Stephen Clifton, Director Community Development Kathy McClung, Deputy Director Community Development K:\Memo\amortiza.mem EXHIBIT "A" Sec. 22-338.2. Nonconforming adult entertainment, activity, retail, or use. Any nonconforming adult entertainment, activity, use, or retail use located within the city limits on the effective date of this code provision, March , 1999, which does not conform to Section 22-794 and 22-806 shall be terminated within one W year; 12rovided., however, that such termination date may be extended upon the approval of an application filed with the City's Community Development Director within 120 days of the effective date of this code provision requesting an extension to such one (1) year amortization period. The Director's decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant clearly demonstrating, extreme economic hardship based upon an irreversible financial investment made prior to the effective date of this code, which precludes reasonable alternative uses of the subject propeM. KAordin\adultret.non 2-11-99 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REVISING AND ADDING DEFINITIONS FOR ADULT ENTERTAINMENT ACTIVITY OR USES, REVISING DISTANCE SEPARATIONREQUIREMENTS,AND ADDING AMORTIZATION PROVISIONS TO CHAPTER 22, ZONING. WHEREAS, the Federal Way City Council is committed to protecting the general welfare of the City through the enforcement of laws prohibiting obscenity, indecency, and sexual offenses while preserving constitutionally protected forms of expression; and WHEREAS, the City has made a detailed review of the national record, including studies from the cities of New York, Indianapolis, and Los Angeles, the police records of various cities, and court decisions regarding adult entertainment, activity, retail, or use. The City Council finds that adult entertainment, activity, retail, or use require special supervision from the public safety agencies in order to protect and preserve the health, safety, and welfare of the patrons and employees of said businesses as well as the citizens of the City; and WHEREAS, the City Council finds that concerns about crime and public sexual activity generated and/or occurring within or nearby the adult entertainment, activity, retail, or use are legitimate, substantial, and compelling concerns of the City which demand reasonable regulation; and WHEREAS, the City Council finds that adult entertainment, activity, retail, or use, due to their nature, have secondary adverse impacts upon the health, safety, and welfare of the citizenry through increases in crime and opportunity for spread of sexually transmitted diseases; and PACsF"0.,..� ,�..1-0� WHEREAS, there is convincing documented evidence that adult entertainment, activity, retail, or use have a detrimental effect on both the existing businesses around them and the surrounding residential and commercial areas adjacent to them, causing increased crime, the downgrading of quality of life and property values and the spread of urban blight. Reasonable regulation of the location of these facilities will provide for the protection of the community, protect residents, patrons, and employees from the adverse secondary effects of such retail facilities; and WHEREAS, the City recognizes that adult entertainment, activity, retail, or use, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods, day care centers, religious facilities, public parks, libraries, schools, and other adult entertainment, activity, retail, or use, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the uses are minimized; and WHEREAS, this ordinance is intended to protect the general public health, safety, and welfare of the citizenry of the City through the regulation of the location of adult entertainment, activity, retail, or use. The regulations set forth herein are intended to control health, safety, and welfare issues, the decline in neighborhood conditions in and around adult retail uses, and to isolate dangerous and unlawful conduct associated with these facilities; and PAGE...._t WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment to the United States Constitution, or Article 1, Section 5 of the Washington State Constitution, but to enact content neutral legislation which addresses the negative secondary impacts of adult entertainment activity, retail, or use; and WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal law prohibits the distribution of obscene materials; and WHEREAS the Federal Way Planning Commission, having considered the proposal at public hearings during 1999, pursuant to Federal Way City Code (FWCC) Section 22-30, and all public notices having been duly given pursuant to FWCC Section 22-528; and WHEREAS the public was given opportunities to comment on the proposal during the Planning Commission review; and WHEREAS the City of Federal Way SEPA responsible official issued a Declaration of Nonsignificance on December 17, 1998; and WHEREAS following the public hearing, the Planning Commission submitted to the Land Use/Transportation Committee of the City Council its recommendation in favor of the proposal, adding sections to the FWCC as noted; and WHEREAS the Land Use/Transportation Committee of the City Council met to consider the recommendation of the Planning Commission and has moved to forward the proposal, with amendments, to the full City Council; and EX'�-111 -r !_.. ORD # _ .. l -�F PAGE WHEREAS there was sufficient opportunity for the public to comment on the proposal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the proposal and the proposed amendments to the FWCC: 1. The Federal Way SEPA responsible official has issued a Declaration of Nonsignificance on December 17, 1998; and 2. The proposed code amendments would not adversely affect the public health, safety, or welfare; and 3. The Planning Commission, following notice thereof as required by RCW 35A.63.070,held a public hearing on the proposed amendments and has considered the testimony, written comments, and material from the public by and through said hearing. Section 2. Conclusions. Pursuant to FWCC Section 22-216, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: The proposal is consistent with the City of Federal Way Comprehensive Plan (FWCP) purposes, goals, and polices: ORD # , PAGE 4 EXH I B OT �. .� .PAG E 0F. -L- FWCP Pg VII -1 "Create an identifiable downtown that is the social and economic focus of the City." FWCP Pg VII -1 "Establishment of an urban center that is a vibrant, unique and attractive place to work." FWCP CCG5 "Encourage a mix of compatible uses to maintain a lively, attractive, and safe place to live, work and visit." 2. The proposal bears a substantial relationship to the public health, safety, and welfare. 3. Zoning and text amendment criteria under FWCC Section 22-523 are met. Section 3. Amendment. The FWCC, Chapter 22-1, Definitions, is amended as set forth in the attached Exhibit A, and Chapter 22, Zoning, Sections 22-794 and 22-806 are amended as set forth in the attached Exhibit B. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. _.ORD# ,PAGES EXHIBoT PAGE.,�QF... .. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 1999. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: LADOCUMENTWDULTWDULTORD. WPD day of ORD # PAGE 6 EXHIBIT!, �-,13,fd EXHIBIT A Chapter 22 of the Federal Way City Code is hereby amended as follows. A. Sec. 22-1, Definitions, of Chapter 22 is amended as follows: Adult entertainment, activity, retail, or use shall mean all of the following: (1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified "sexual activities" or "specified anatomical areas" (defined as follows below) for observation by patrons therein and which excludes minors by virtue of age. (4) (2) Adult eget entertainment shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined below) and which establishment excludes minors by virtue of age, and shall mean M of the adult entertainment establishments as defined in section 9-71(A) and (B) of the FWCC. Panarama and peepshow shall mean as defined in section 9-71 (1) (J) of the FWCC. Adult retail shall mean a retail establishment which, for money or any other form of consideration, either: U EXHIBIT . _ _ PAGE.? C�F..�..-- gill 1114111 (4) (2) Adult eget entertainment shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined below) and which establishment excludes minors by virtue of age, and shall mean M of the adult entertainment establishments as defined in section 9-71(A) and (B) of the FWCC. Panarama and peepshow shall mean as defined in section 9-71 (1) (J) of the FWCC. Adult retail shall mean a retail establishment which, for money or any other form of consideration, either: U EXHIBIT . _ _ PAGE.? C�F..�..-- 2 a. Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult oriented merchandise; or, b. Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or for viewing or use, off the premises, any adult oriented merchandise. Adult oriented merchandise shall mean any goods, products, commodities, or other wares, including but not limited to, videos, CD Rom's, DVD's, magazines, books, pamphlets, posters, cards, periodicals, or non -clothing novelties which depict, describe, or simulate specified anatomical areas or specified sexual activities (defined below). Specified anatomical areas shall mean the following_ a. Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities shall mean any of the following_ a. Human genitals in a state of sexual stimulation or arousal; b. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or c. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed, of oneself or of one person by another. Activities and uses defined as adult entertainment, activity, retaiL or use are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. B. The Special Regulations and Notes of Use Zone Chart (CC -C) (Sec. 22-794, Adult entertainment, etc,) of Chapter 22 are amended as shown in Exhibit B. C. The Special Regulations and Notes of Use Zone Chart (CC -F) (Sec. 22-806, Adult entertainment, etc,) of Chapter 22 are amended as shown in Exhibit B. D. The following section shall be added to Chapter 22: Sec. 22-338.2. Nonconforming adult entertainment, activity, retail, or use. Any nonconforming adult entertainment, activity, use, or retail use located within the city limits on the effective date of this code provision, March .... 1999, which does not conform to Sections 22- 794 and 22-806 shall be terminated within one (1) year; provided, however, that such termination date may be extended gpon the approval of an application filed with the city's Community Development Director within 120 days of the effective date of this code provision requesting an extension to such one (1) year amortization period. The director's decision on whether or not to gpprove any extension period and the length of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment made prior to the effective date of this code, which precludes reasonable alternative uses of the subject EXH I B OT.s, �. ��� ULULnXA W Po . PAGE _. g _. 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I•" O iL d V z — a b I� F� Lo ["oceO cd .0 U C7 S33VdS OMMVdLl a32Qf1U32! p Ww O � C Ou � 3an.Ianxls " Y o N s 30.LHff), H WnMXVW o E- > dvg-d o o 10 } 44 C(yaea) 3mSLQ c INOIU LU c t n' u C VJ E5 T a d 4 Ll 3ZIS 101 > ` Y " z 0F o z a i U m SS3001id M3IA3-d " u = °"' > °C Q 432[I(1)3a o— o o_ v o G C ry N N O N N N c _ N N SNoi.iv-in93a Q G EXH'Bi n PAGEic,)OF1c) N N N 0 V y- O PAGEic,)OF1c) CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: February 12, 1999 TO: Federal Way Planning Commission FROM: Londi K. Lindell, City Attorney SUBJECT: Summary of Studies, Cases and Police Records on Secondary Effects of Adult Retail Establishments Pursuant to your request at the February 3, 1999 Planning Commission public hearing to highlight portions of the Studies that were previously provided to you, attached is a Chart Summary of those studies with page references. We have also included in this memo summaries of the court decisions and police and other city records, which were also previously provided to you prior to the February 3, 1999 Planning Commission meeting: You will note that the chart refers to various tabs. These tabs refer to our master Legislative Record Regarding Adult Entertainment Uses: Bookstores. When we had these studies copied for you, we did not include tabs. However, I have noted for you on this chart the corresponding number of the studies that were copied for you. Refer to Exhibit I referenced in your staff report. Please note that Studies 2, 5, 7, 8, and 14 have not been summarized and you should disregard those studies as they deal with the secondary effects of adult entertainment vs. adult retail establishments. cc: Kenneth E. Nyberg, City Manager Philip Keightley, Deputy City Manager K: \COUNMEMOTIancomm. cht STUDIES OF SECONDARY IMPACTS OF ADULT ENTERTAINMENT 1. A Report on Zoning and Other Methods Regulating Adult Entertainment in Amarillo; Amarillo, Texas (September 1977) yon a ca ion o u anent -Uses; Bellevue, er-I-98Tj 3. Adult Entertainment Business in Indianapolis, Indiana (1984) 4. Adult Entertainment Study; City of New York (November 1994) • lse Zoning• ...�, i •� : •. 6. Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard; Garden Grove, California (October 199 1) en in ew anover County; North 9. Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area; New York, NY (April 1994) 10. Report of the Attorney General's Working broup on the Regulation of Sexually Oriented Businesses, Minnesota (June 1989) 11. Report on Adult Oriented Businesses in Austin; Austin, Texas (May 1986) 12. Study & Recommendations for Adult Entertainment Businesses in the Town of Islip; Islip, New York (September 1980) 13. Study on the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles; Los Angeles, California (June 1977) 14. ent;--Allbuquerque—Naw-Mexico-(May- 95) n EXHI"l-f- PAGE_I-OF-i- Summary of Legislative Record Regarding Adult Entertainment Uses: Bookstores Notebook Tabs Tab # City Pg. Ref. Summary I. Studies A Indianapolis, IN 4 71% of respondents saw location of adult bookstore 3 blocks away as negligible (64% FX residential and 77% commercial) although residual effect greater for residential. 50% of 3 appraisers found a substantial to moderate impact on property value, 30% little or no, 20% dependent on predominant values existing in neighborhood. 29-37 National Survey of Appraisers graphs. Summary: 1 block = negative impact on residential (801/6), commercial (72%); 3 blocks = negligible impact (71%) with greater residual impact on residential. 47 Survey/questionnaire regarding adult bookstores. B Amarillo, TX 61-62 Adult bookstores included in list of pornographic x' adult businesses that might have "blighting" effect on neighborhoods if allowed to grow in an ZLt f uncontrolled fashion. In 1974, Boston puts first official stamp on the adult entertainment zone for two purposes: 1) concentrate into small area, 2) prevent spread. However, Boston "combat zone" is notorious for failure. 65 Description of pornographic distribution relating to bookstores (4+). 69 Adult uses currently allowed in general retail and all less restrictive zoning districts. C New York, NY 77 Survey focuses on 3 types of uses including triple -x video/bookstores. 78 Between 1984-1993, the number of adult bookstores/peepshows/video stores in NYC increased from 29-86. 82 Again, a reference to the number of video/bookstores tripling in size. 85 Survey restricted to 3 types of uses including adult video and bookstores. Establishments that indirectly (not primary focus of business) commercialize adult entertainment were excluded from study. 86-87 Based on newspaper articles, the study shows impact for violence due to association of adult bookstore operators with organized crime. Confidential/ Work Product - Summary of Legislative Record Regarding Adult Entertainment Uses: Bookstores Confidential/ Work Product - 88 References the Indianapolis study which shows that 75% of appraisers in national survey found that adult bookstores located within 1 block would have negative effect on residential (80%) and commercial (77%) properties. 95 References Detroit's "Anti -Skid Row" Zoning Ordinance prohibiting concentrations of certain uses which includes bookstores (1972). Not more than two adult businesses may be located within 1000 feet of each other or within 500 feet of a residential area (adopted by Detroit, Atlanta, and Kansas City, Mo). 96 A Los Angeles ordinance prohibits the establishment of adult bookstores within 1000 feet of another such location or 500 feet of any religious institution, school, or public park. Amended in 1984 to included a 500 feet limit to any agricultural or residential zone unless approved by exception. Islip, Ny defines adult uses to include adult bookstores. Also includes a 500 feet zoning restriction. 97 In Chicago, prospective adult business operators must sign an affidavit describing the nature of business to be conducted, and license can be revoked if found to include other adult uses not included on affidavit. 105 Based on the increase in adult entertainment establishments between 1984 and 1993 in NYC, there would be a 197% increase in the number of bookstore/peep shows/videos from 86 to 250 by year 2002. 112 The Zoning Resolution of NYC (1960) regulates bookstores (including video stores) in a general class of commercial establishments that may or may not be characterized as adult uses. Although commercial uses generally prohibit location in residential districts, some uses are "grandfathered" and may continue in these locations until they have been abandoned. 113 `Bookstores are listed in Use Groups 6C and 12B." They are not allowed in most C3 districts, medium manufacturing, and heavy manufacturing districts. For zoning purposes, video stores have been classified as bookstores. Confidential/ Work Product - Summary of Legislative Record Regarding Adult Entertainment Uses: Bookstores Confidential/ Work Product - 159-162 List of businesses including bookstores located in NYC. D Study Re Concentration of 179 Concentration of adult related establishments Adult Use in Times Square, increased between 1960-1970 to such an extent # cj NYC that it became known as a "sinkhole' (lists erotic bookstores). E City of Garden Grove 232-233 References Boston "combat zone" <uid Detroit "Anti -Skid Row Ordinance discussed above. _' 234 Of 90 cities in Southern California surveyed by City of Bellfower, 12 require a conditional use permit for new bookstores. To obtain a permit, establishment must comply with dispersal and distance requirements based upon the Detroit model discussed above. 238 In 1969, Garden Grove had 7 adult bookstores. 281-298 When surveyed regarding whether the establishment of a new adult bookstore within 1000 feet of an existing bookstore would negatively impact the residential value of property, 51% indcated that a 20% decrease was likely for single-family dwellings, 41% indicated that a 20% decrease was likely with regard to multiple family dwellings, and 27% indicated a 20% decrease in commercial property. Within the survey, the decrease in value escalated as the zoning between each establishment decreased. F Minnesota Attorney 321 80% of appraisers felt that an adult bookstore �F Z: General's Working Group located within a residential zone would on the Regulation of negatively impact the property values within 1 O Sexually Oriented block of the site. 71% felt that commercial Businesses properties within the same parameters would suffer detrimental impact to property value. On the other hand, residential and commercial properties located within 3 blocks of the site would suffer minimal impact. G Austin, TX 347 The 49 adult oriented businesses in Austin �X include bookstores. 88% of respondents felt that an adult bookstore would decrease residential property values within 1 block, 59% felt that ' ! same decrease within 3 blocks. In addition, respondents indicated that the existence of adult businesses causes mortgage underwriters to perceive a neighborhood as in decline and therefore can impact financing. Confidential/ Work Product - Summary of Legislative Record Regarding Adult Entertainment Uses: Bookstores Confidential/ Work Product - 356-357 List of adult entertainment businesses including bookstores. 373 Again, discusses impact of adult establishment location to residential property. As distance increases, negative impact lessens. 374 Indicates that residential property values are also decreased by the presence of pool halls, taverns, welfare offices, and drug rehabilitation centers. Noted that the type of clientele attracted to adult businesses contributed to property value decline. 381 The assignment of property zones must also consider the type of adult business. Adult entertainment businesses including bookstores represent a form of free speech that is protected by the First Amendment. Conditional Use Permits allow a viable method of regulation by providing an extra degree of review. 393-394 Questionnaire used to prepare report. Questions focus on location of bookstores. H Islip, NY 397 As historical background, notes establishment of adult bookstore in 1980 creates public resentme- / with regard to location of such business. 402 "The 500 feet requirement for separation accurately reflects the separation needs of adult entertainment businesses and residential uses based on the case study `The Bohemia Book Store'." Study discusses need for an ordinance requiring fewer feet between adult establishments in proximity to residential areas in towns with smaller populations. News articles discuss citizen rally outside the 454-457 Bohemia Bookstore and zoning proposition. I Los Angeles, CA 519 Discusses Detroit Ordinance to disperse adult 6,X T : bookstores within 500 feet of residential areas and 1000 feet of any other regulated use business. 520 Table I indicates that 9 cities currently regulate adult bookstores. 523-525 Table II indicates that the following cities regulate adult entertainment uses by dispersal: Cleveland, Detroit, New York (not adopted), Oakland, Kansas City, Santa Barbara, Bellflower, and Atlantic City. Confidential/ Work Product - Summary of Legislative Record Regarding Adult Entertainment Uses: Bookstores Confidential/ Work Product - 557 Of those who responded to the survey, 70.6% indicated that they live within the vicinity of adult entertainment establishment. 573 Police Department study of Hollywood shows a decrease in crime committed within the vicinity of an adult entertainment facility within the timeframe of 1975-1976. 576 Record indicates 2 adult bookstores located in Hollywood in 1969. By 1975, the number had increased to 18. 586-588 Adult Entertainment Questionnaire presented by Los Angeles City Planning Department in 1977. Content of questions includes bookstores. J St. Paul, MN 616 Of the 19 establishments categorized as adult entertainment facilities, 1 is a bookstore. rr-- C?CI; 617-619 St. Paul had 5 adult bookstores in 1977. The I S number decreased to 1 in 1987. The decrease is attributed to the implementation of zoning regulations in 1983, when for the first time "adult uses" were defined and restricted to business districts. 626 Survey notes an especially high concentration of adult entertainment establishments within the University -Dale neighborhood of St. Paul, including all of the city's adult bookstores. 649 Proposed Amendment to Zoning Code: Adult bookstore. A shop for the barter, rental, or sale of items consisting of printer matter, pictures, slides, records, audio tape, videotape or motion picture film, if such shop is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age or if such a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual acitivities" or "specified anatomical areas." _ 655 The adult bookstore shall be located at least 1320 radial feet from any adult use, residential location, protected use, retail or service business. The approval of a proposed adult bookstore by 90% of property owners within 1320 radial feet = waiver as a consent petition with regard to proximity to retail or service oriented businesses. Confidential/ Work Product - Summary of Legislative Record Regarding Adult Entertainment Uses: Bookstores II. Court Decisions A Z.J. Gift v. Aurora (Colo) 687 Studies relied on by City show adverse impacts of adult bookstores on communities (fn. 1, citing Garden Grove, Austin, Oklahoma City, Indianapolis, Minneapolis, Whittier, and Amarillo studies). B Stringfellows v. New York 415-416 Studies relied on by City, and studies performed City by City and local entities show adverse impacts of bookstores and video stores, including diminished property values and increased crime citing Times Square, Chelsey, New York DCP, Indianapolis, and Los Angeles studies). C ILA Investments v. 1416-1418 Relied on its own study of two bookstores, and Rochester the studies of Minneapolis, St. Paul, Indianapolis, and other cities to conclude that adult uses (including bookstores) cause increased crime, transiency, and lower property values. IIl. Police & Other A Garden Grove Police/ Court 691-93; 697- Unlawful sexual activity (prostitution) at adult City Records Records 98;703;710; bookstore. 716;722-723 726-52 Neighborhood complaints regarding adverse impacts (noise, litter, drugs, prostitution, impact on minors) of adult bookstore. B Bellevue Police Records 753 Record of public sexual activity originating from adult bookstore. C Bellingham Police Records 754-756 Record of alleged rape and solicitation of minor for prostitution at or adjacent to adult bookstore. D Renton Declaration 757-760 Explicit sexual materials found by minors in adult bookstore parking lot. E Federal Way Declaration 762-76 Explicit sexual materials found in adult bookstore parking lot. K%34887\00004\ZLLHIZLLHX2050 Confidential/ Work Product - Attachment 5