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08/21/2012 06 Adult Entertainment Moratorium; Findings of FactBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: August 21, 2012 4:n ITEM TITLE: SUBMITTED BY: CONTACT PERSON/TELEPHONE: SUMMARY EXPLANATION: Public Hearing and Resolution adopting proposed Findings of Fact supporting enactment of moratorium regarding adult entertainment and adult entertainment businesses. Jeff Cutter, City Attorney Mark Kunkler, Senior Assistant City Attorney/575-3552 The City Council adopted Ordinance No. 2012-26 on July 17, 2012 imposing a moratorium on receipt, processing and issuance of licenses, permits and approvals for adult entertainment and adult entertainment business uses pending development of a comprehensive code regulating such uses Under state law, a public hearing must be held within 60 days of adoption of a moratorium to receive public testimony and evidence regarding adoption of the moratorium and adopting findings of fact supporting the moratorium. This public hearing has been noted and scheduled for August 21, 2012. Attach to this item are (a) a Resolution stating proposed Findings of Fact; (b) a memorandum discussing the issues and applicable procedures, and setting forth record documents generated to date. Copies of several studies conducted by other cities regarding adverse secondary effects of such adult entertainment uses are also attached. Following the public hearing the City Council may adopt the proposed Resolution as is, or may modify the Findings of Fact to conform to any modification made to the moratorium. Resolution X Contract: Contract Term: Insurance Required? No Funding Source: APPROVED FOR SUBMITTAL: Ordinance Mail to: Amount: Other (specify) Expiration Date: Phone: City Manager STAFF RECOMMENDATION: Adopt Resolution to include Findings of Fact conforming to and supporting scope of moratorium regarding adult entertainment. BOARD/COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution -Findings Moratorium Aug 21 2012 ❑ Memo -Moratorium Findings Record August 21 2012 ❑ 2012-026 Six Month Moratorium; Adult Entertainment; Set Hearing Date ❑ Adult Entertainment\Muffett-Decision on 2nd Summary Motion -7-2012 ❑ Washington -Centralia -2004 ❑ Des Moines Secondary Effects ❑ Bellevue Secondary Effects ❑ Kelso Secondary Effects ❑ Seattle 2006 ❑ Texas -Fort Worth -2004 ❑ Austin, TX, 86 ❑ CA -Garden -Grove ❑ City of Los Angeles Report RESOLUTION NO. R -2012- A RESOLUTION adopting Findings of Fact supporting a six-month moratorium, enacted July 17, 2012 pursuant to emergency Ordinance No. 2012-26, prohibiting the filing, receipt, processing and approval of land use applications for establishment and operation of adult entertainment and adult entertainment businesses; exempting businesses for which a complete application was pending on the effective date of the moratorium or which were legally in existence at such time; directing development of comprehensive zoning and business regulations for such uses; providing that the moratorium shall be in existence through January 15, 2013; and declaring an emergency providing for immediate effective date. WHEREAS, pursuant to RCW 36.70A.390 and RCW 35.63.200, the City Council of the City of Yakima by unanimous vote of those present on July 17, 2012 adopted Ordinance No. 2012-26 imposing a moratorium for six months prohibiting applications for, and approvals of, land uses for establishment and operation of adult entertainment and adult entertainment businesses; and WHEREAS, RCW 36.70A.390 and RCW 35.63.200 require the City Council to hold a public hearing within sixty days after imposition of a moratorium to receive evidence and testimony regarding imposition of the moratorium, to consider whether such moratorium should be modified or continue in effect as originally adopted, and to adopt findings of fact supporting such decision; and WHEREAS, the City Council has held the required public hearing on August 21, 2012 pursuant to notice duly published, and having considered all evidence and testimony presented, hereby makes the following: Findings of Fact 1. The City Council of the City of Yakima has authority pursuant to RCW 36.70A.390 and RCW 35.63.200 to adopt a moratorium to preserve the status quo pending development of comprehensive land use controls and regulations, health and safety regulations, and business licensing or registration regulations and procedures, concerning adult entertainment and adult entertainment businesses. 2. The 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. 3. The City has made a detailed review of the national and state record, including studies from the cities of Austin, Texas, Garden Grove, California, and Los Angeles, California, and Seattle, Des Moines, Federal Way, Centralia and Bellevue in the State of Washington. The City is continuing to examine records and reports of various cities, and court decisions regarding adult entertainment uses, including adult retail establishments. The City Council finds that adult entertainment uses, including adult retail establishments and businesses, require special supervision from public safety agencies in order to protect and preserve the health, safety, and welfare of the patrons and employees of said business as well as the citizens of the city. 4. The City Council finds that concerns about crime and public sexual activity generated and/or occurring within or near adult entertainment and adult entertainment businesses are legitimate, substantial and compelling concerns of the city which demand reasonable regulation. 5. The City Council finds that adult entertainment and adult entertainment businesses, 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. 6. There is convincing documented evidence that adult entertainment and adult retail establishments have a detrimental effect on both the existing businesses around them and the surrounding residential 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 facilities. The documented evidence and reports concerning the association of adverse secondary effects with adult entertainment and adult entertainment businesses include the following court decisions and reports The court decisions of City of Renton v. Playtime Theatres, Inc , 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and in studies in other communities including but not necessarily limited to: Adams County, Colorado, "Adams County Nude Entertainment Study (1991 update); Austin, Texas, "Report on Adult Oriented Businesses in Austin" (1986); Centralia, Washington, "Crime Risk in the Vicinity of a Sexually Oriented Business. A Report to the Centralia City Attorney's Office — Revised" (2004); Chattanooga, Tennessee, "Community Protections Committee's Final Report on Vice in Hamilton County with Recommendations" (1997); Garden Grove, California, "Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard" (1991); Cleveland, Ohio, Special Investigative Unit Report (1977), Dallas, Texas, "An Analysis of the Effects of SOBs on the Surrounding Neighborhoods in Dallas, Texas" (1997), Des Moines, Washington, "Des Moines Adult Use Study" (1984); El Paso, Texas, "Effects of Adult Entertainment Businesses on Residential Neighborhoods" (1986), Ellicottville, New York, "Adult Business Study" (1998); Fort Worth, Texas, "Survey of Appraisers Fort Worth & Dallas Effects of Land Uses on Surrounding Property Values" (2004), Indianapolis, Indiana, "Adult Entertainment Businesses in Indianapolis" (1984); Los Angeles, California, "Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles" (1977); Minneapolis, Minnesota, "An Analysis of the Relationship Between Adult Entertainment Establishments, Crime, and Housing Values" (1980), State of Minnesota, "Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses" (1989); Newport News, Virginia, "Adult Use Study" (1996); New York City, New York, "Adult Entertainment Study" (1994), "Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area" (1994); Oklahoma City, Oklahoma, "Adult Entertainment Businesses in Oklahoma City: A Survey of Real Estate Appraisers" (1986); Phoenix, Arizona, "Adult Business Study" (1979); Seattle, Washington, "Adult Cabarets in Seattle" (2006). 7. The City recognizes that adult entertainment and adult retail establishments and businesses, 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, schools, and public facilities open to families, such as post offices and medical clinics, and 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 establishments are minimized. 8. The moratorium adopted in Ordinance No. 2012-26 is intended to preserve the status quo to enable the City to develop and implement a comprehensive regulation and land use controls to protect the general public health, safety, and welfare of the citizenry of the city through the regulation of the location of adult entertainment and adult entertainment businesses. The regulation and controls to be developed are intended to control health, safety, and welfare issues, to prevent decline in neighborhood conditions in and around adult entertainment and adult entertainment businesses, and to isolate dangerous and unlawful conduct associated with these facilities. 9. It is not the intent of Ordinance No. 2012-26 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 provide an opportunity to develop and implement content -neutral legislation which addresses the negative secondary impacts of adult entertainment and adult retail establishments. 10. 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. 11. The City Council, at its duly advertised public hearing on August 21, 2012, considered the subject matter of adult entertainment and adult entertainment businesses, at which public hearing the City Council received comments from the public on that subject matter, which the City Council believes to be true, and which, together with the findings heretofore set forth, form the basis for the adoption of these Findings of Fact and the Resolution herein. 12. The City Council finds and determines that the City of Yakima needs time to consider additional zoning regulations, health and safety regulations, and business licensing regulations which would deal specifically with adult entertainment and adult entertainment businesses within the City of Yakima, and the City Council therefore finds and determines that the moratorium for the term of six months adopted and implemented in Ordinance No. 2012-26, commencing on July 17, 2012 and extending through January 15, 2013, is necessary and appropriate in order to study the issues and to consider adopting appropriate regulations. 13. The City Council finds and determines that imposition of the moratorium adopted pursuant to Ordinance No. 2012-26 is necessary to (a) provide the City with an opportunity to study the issues regarding siting, zoning and regulation of adult entertainment and adult entertainment businesses within the City of Yakima and to prepare appropriate revisions to the City's codes and regulations; (b) to protect the health, safety and welfare of the citizens of Yakima by avoiding and ameliorating adverse secondary effects associated with adult entertainment and adult entertainment businesses within the City of Yakima; and (c) to avoid applicants possibly establishing vested rights contrary to and inconsistent with any revisions the City may make to its regulations and codes as a result of the City's study of this matter. 14. The City Council finds, determines and concludes that an emergency exists justifying emergency adoption of Ordinance No 2012-26, to wit: the United States District Court for the Eastern District of Washington in the case captioned Muffett v. City of Yakima, et al., Case No. CV -10 -3092 -RMP, issued a decision on July 17, 2012. The decision held, in part, that the City of Yakima "is permanently enjoined from enforcing the compatibility requirement of YMC 15.02.020 and 15.04.020 with respect to conduct protected by. the First Amendment unless and until the compatibility provision is modified to conform to constitutional standards" in a manner consistent with the court's decision. As a result of the court's ruling striking down the aforementioned provisions of the current Yakima Municipal Code provisions pertaining to adult business and adult entertainment, the City does not have code provisions to adequately address the various impacts to public health, safety, morals and general welfare that these uses present. The effects of such decision declaring such code provisions to be unenforceable and enjoining use of such codes to regulate adult businesses and adult entertainment, would include, inter alia, allowing locations for adult businesses and adult entertainment without the ability to develop or implement appropriate objective standards governing such locations within the city. This is likely to result in probable significant unmitigated public health, safety, criminal and environmental impacts on adjacent land uses, including but not limited to schools, churches and public property such as parks, residential neighborhoods. Neither City staff nor the Planning Commission have had sufficient opportunity to review the effects of such Act or to formulate, prepare and recommend appropriate zoning regulations, health and safety regulations, and business licensing regulations which would deal specifically with adult entertainment and adult entertainment businesses within the City of Yakima. The immediate imposition of this moratorium pursuant to Ordinance No. 2012-26 will preserve the status quo to enable the City to further study the adverse secondary effects of adult entertainment and adult entertainment businesses and to devise appropriate zoning and regulatory controls to address the effects of such uses. 15. The City Council finds and determines that the moratorium adopted and implemented pursuant to Ordinance No. 2012-26 should remain in effect according to its terms, and that such is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The Findings of Fact set forth above are hereby adopted as the Findings of Fact - supporting the adoption, implementation and continuation of the moratorium adopted July 17, 2012 pursuant to Ordinance No. 2012-26 according to its terms. 2. The City Manager of the City of Yakima is hereby authorized and directed to perform those duties and functions set forth in Ordinance No. 2012-26, including but not limited to, development of proposed comprehensive land use, licensing, and health and safety regulations pertaining to adult entertainment and adult entertainment businesses and any issue ancillary thereto. ADOPTED BY THE CITY COUNCIL this 21st day of August, 2012. ATTEST. Micah Cawley, Mayor City Clerk CITY OF YAKIMA LEGAL DEPARTMENT Z JO SouthThird Street,Yaldina,Washington 98901 (509)575-6030 Fax (509)575-6160 MEMORANDUM August 8, 2012 TO- Honorable Mayor and Members of the City Council Tony O'Rourke, City Manager FROM: Mark Kunkler, Senior Assistant City Attorney SUBJECT: Adult Entertainment — Moratorium — Findings of Fact — Record A. Introduction. A public hearing has been set for August 21, 2012 to consider the Moratorium adopted pursuant to Ordinance No. 2012-26 adopted July 17, 2012 regarding adult entertainment and adult entertainment businesses. Under state statutes authorizing imposition of moratoria, the legislative body adopting a moratorium must hold a public hearing within sixty days of adoption, receive public comment and/or evidence, and adopt Findings of Fact modifying the scope of the moratorium or maintaining the moratorium as originally adopted. RCW 36.70A.390 and RCW 35.63.200. The purpose of this Memorandum is to provide a general background of the issues involved in the arena of adult entertainment, identify possible areas of regulation, and document the "record" obtained to date in support of the continuation of the moratorium. B. Existing City Codes. The City of Yakima has code provisions defining and regulating adult entertainment and adult entertainment businesses. These are codified at YMC 19.09.200 (Adult Business), Chapter 6.10 YMC (prohibiting nudity and semi -nudity on premises or businesses licensed by the Washington State Liquor Control Board), and Chapter 5.30 YMC (Dance Studios). YMC 15.09.200 states applicable definitions for adult businesses, imposes limitations in terms of minimum 500 -foot distance from churches, public schools, private schools, day care centers, public parks, public libraries, residential zoning districts and other adult entertainment business establishments. The existing code imposes signage requirements, hours of operation and building standards. Memorandum to Honorable Mayor, Members of the City Council and City Manager August 8, 2012 Page 2 The code also provides a "review" mechanism for new applications for adult entertainment businesses. YMC 15.09.200(C)(1) states: Adult business uses shall be considered Class (2) uses, requiring Type (2) review, in and only in the CBD (central business district), GC (general commercial) zoning districts; and as a Class (3) use, requiring Type (3) review, in and only in the M-1 (light industrial) zoning district when applicable development standards of this section are met: The effect of the above section is to subject the review of an application for an adult business use to the land use review processes of Chapters 15.04, 15.14 and 15.15 YMC. YMC 15.04.020 provides in part: B. Class (2) uses are generally permitted in the district. However, the compatibility between a Class (2) use and the surrounding environment cannot be determined in advance, and occasionally a Class (2) use may be incompatible at a particular location. Therefore, a Type (2) review by the administrative official is required in order to promote compatibility with the intent and character of the district and the policies and development criteria of the Yakima urban area comprehensive plan. The procedures in YMC Chapter 15.14 shall be used to review and evaluate Class (2) uses. In certain circumstances, the administrative official may require that a Class (2) use undergo a Type (3) review, as provided within this title. C. Class (3) uses are generally not permitted in a particular district, but may be allowed by the hearing examiner after a Type (3) review and public hearing. The hearing examiner may approve, deny, or impose conditions on the proposed land use and site improvements to promote compatibility with the intent and character of the district and the policies and development criteria of the Yakima urban area comprehensive plan. The procedures in YMC Chapter 15.15 shall be used to review and evaluate Class (3) uses or Class (2) uses that have been forwarded to the hearing examiner for review. Likewise, the definitions in YMC 15.02.020 provide: "Class (2) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are generally permitted throughout the district. However, site plan review by the administrative official is required in order to ensure compatibility with the intent and character of the district and the objectives of the Yakima urban area comprehensive plan. "Class (3) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are generally incompatible with adjacent and abutting property because of their size, emissions, traffic generation, neighborhood character or for other reasons. However, they may be compatible with other uses in the district if they are properly sited and designed. Class (3) may be permitted Memorandum to Honorable Mayor, Members of the City Council and City Manager August 8, 2012 Page 3 by the hearing examiner when he determines, after holding a public hearing, that the use complies with provisions and standards; and that difficulties related to the compatibility, the provisions of public services, and the Yakima urban area comprehensive plan policies have been adequately resolved. (Emphasis added.) C. Court Decision — Moffett v. City of Yakima, et al. It was the underlined portions of the above code sections that were found to be unconstitutional and unenforceable by the federal court judge in her ruling in Muffett v. City of Yakima, et al., Case No. CV -10 -3092 -RMP (E.D. Wash. July 17, 2012). In brief, the above code sections vest the "administrative official" and hearing examiner with discretion, unlimited by sufficient objective standards, with the ability and duty to determine and define "compatibility." The court held that adult entertainment or "nude dancing" was a form of speech protected by the First Amendment. Because free speech issues are invoked, the City's codes and procedures are subject to heightened scrutiny. The court'ruled in part: This compatibility requirement, by its plain terms, allows an administrative official to reject a proposed use based on its not being in "harmony" with the "character of the district." Such subjective standards provide no basis for a Court sitting in review to determine whether the standard has been applied correctly. The compatibility standard is neither objective nor narrow as required under Shuttlesworth, 394 U.S. at 149; see also Diamond, 29 F.Supp.2d at 649-50. Accordingly, the [city's code] requirement that adult businesses undergo a compatibility review is an unconstitutional prior restraint. Muffett, Decision at 18. The judge's ruling further concluded that the City of Yakima "is permanently enjoined from enforcing the compatibility requirement of YMC 15.02.020 and 15.04.020 with respect to conduct protected by the First Amendment unless and until the compatibility provision is modified to conform to constitutional standards" in a manner consistent with the court's decision. Muffett, Decision at 20-21. D. Effect of Decision. The Court's ruling in Muffett v. City of Yakima, et al calls into question the ability of the City to limit adult entertainment business uses to the CBD (central business district), GC (general commercial) zoning districts; and the M-1 (light industrial) zoning district as set forth in YMC 15.09.200(C)(1) above. The designated zoning districts named in that section are specifically tied to the Class 2 or Class 3 review processes. Consequently, it is necessary to develop objective standards to delineate allowable locations or zoning districts for adult entertainment and adult entertainment businesses. Memorandum to Honorable Mayor, Members of the City Council and City Manager August 8, 2012 Page 4 E. Secondary Effects of Adult Entertainment. The City of Yakima is entitled to rely on facts, records and reports prepared by other jurisdictions when analyzing secondary effects associated with adult entertainment and adult entertainment businesses. City of Renton v. Playtime Theaters, Inc., 475 U.S. 41, 106 S.Ct. 925 (1986). There are several court decisions and reports describing adverse secondary effects associated with adult entertainment and adult entertainment businesses. The court decisions and studies conducted by other jurisdictions describe adverse secondary effects of adult entertainment and adult entertainment businesses, including but not limited to, increased crime, increased sex-related crime rates, lowering of property values. See subsection (G), "Record of Documents for Public Hearing," below. F. Recommendation. In view of the recent decision in Muffett v. City of Yakima, et al., and in view of the need to study and develop comprehensive land use and regulatory controls regarding adult entertainment and adult entertainment businesses, it is staffs recommendation that the moratorium as originally adopted remain in effect as enacted. Issues regarding adult entertainment and adult entertainment businesses are tentatively set for discussion before the Planning Commission on September 12, 2012, with a public hearing before the Planning Commission on October 10, 2012. G. Record of Documents for Public Hearing. The following documents serve as the record to date for Council consideration regarding the moratorium adopted July 17, 2012 in Ordinance No. 2012-26' (a) Resolution No. 2012- adopting Findings of Fact for Moratorium regarding adult entertainment adopted pursuant to Ordinance No. 2012-26. (b) Ordinance No. 2012-26 imposing moratorium on adult entertainment uses, adopted as an emergency ordinance on July 17, 2012. (c) Decision of the Court in Muffett v. City of Yakima, et al., Case No. CV -10- 3092 -RMP (E.D. Wash.), issued on July 17, 2012. (d) Centralia, Washington, "Crime Risk in the Vicinity of a Sexually Oriented Business: A Report to the Centralia City Attorney's Office — Revised" (2004). Des Moines, Washington, "Adult Use Study" (1984). Bellevue, Washington, "Location of Adult Entertainment Uses Materials" (1988). Kelso, Washington, "Zoning for Sexually Oriented Businesses" (e) (f) (g) — Background (1993). Memorandum to Honorable Mayor, Members of the City Council and City Manager August 8, 2012 Page 5 (h) Kent, Washington, "Adult Use Zoning Study" (1982). (i) Seattle, Washington, "Adult Cabarets in Seattle" (2006). (j) Fort Worth, Texas, "Effects of Land Uses on Surrounding. Property Values" (2004). (k) Austin, Texas, "Report on Adult Oriented Businesses in Austin" (1986). (I) Garden Grove, California, "Final Report to the City of Garden Grove' The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard" (1991). (m) Los Angeles, California, "Crime Related Secondary Effects of Sexually - Oriented Businesses: Report to the City Attorney" (2007). In addition to the above, the City of Yakima takes notice of the following cases and reports, some of which are specifically referenced above and attached to this memorandum, regarding adverse secondary effects of adult entertainment and adult entertainment businesses, together with other court decisions and reports that will be subject to review: Court decisions of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and others. Studies in other communities including but not necessarily limited to: Adams County, Colorado, "Adams County Nude Entertainment Study (1991 update); Austin, Texas, "Report on Adult Oriented Businesses in Austin" (1986); Centralia, Washington, "Crime Risk in the Vicinity of a Sexually Oriented Business: A Report to the Centralia City Attorney's Office — Revised" (2004); Chattanooga, Tennessee, "Community Protections Committee's Final Report on Vice in Hamilton County with Recommendations" (1997); Garden Grove, California, "Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard" (1991); Cleveland, Ohio, Special Investigative Unit Report (1977); Dallas, Texas, "An Analysis of the Effects of SOBs on the Surrounding Neighborhoods in Dallas, Texas" (1997); Memorandum to Honorable Mayor, Members of the City Council and City Manager August 8, 2012 Page 6 Des Moines, Washington, "Des Moines Adult Use Study" (1984); El Paso, Texas, "Effects of Adult Entertainment Businesses on Residential Neighborhoods" (1986); Ellicottville, New York, "Adult Business Study" (1998); Fort Worth, Texas, "Survey of Appraisers Fort Worth & Dallas Effects of Land Uses on Surrounding Property Values" (2004), Indianapolis, Indiana, "Adult Entertainment Businesses in Indianapolis" (1984), Los Angeles, California, "Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles" (1977); Minneapolis, Minnesota, "An Analysis of the Relationship Between Adult Entertainment Establishments, Crime, and Housing Values" (1980); State of Minnesota, "Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses" (1989); Newport News, Virginia, "Adult Use Study" (1996); New York City, New York, "Adult Entertainment Study" (1994); "Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area" (1994); Oklahoma City, Oklahoma, "Adult Entertainment Businesses in Oklahoma City: A Survey of Real Estate Appraisers" (1986); Phoenix, Arizona, "Adult Business Study" (1979); and Seattle, Washington, "Adult Cabarets in Seattle" (2006). mk Attachment ORDINANCE NO. 2012 - 26 AN ORDINANCE of the City of Yakima, Washington, adopting a six-month moratorium of the filing and acceptance of development applications for, and the location of, land uses operating or conducting adult entertainment or adult entertainment business; exempting land uses for which a complete development application was pending upon the effective date of this ordinance or which were legally in existence at such time; directing development of comprehensive zoning and business regulations pertaining to adult entertainment and adult entertainment businesses; providing that the moratorium shall be in effect for six months, through January 15, 2013; setting public hearing on moratorium for August 21, 2012; and declaring an emergency providing for immediate effective date. WHEREAS, in conformance with the Growth Management Act of the State of Washington, the City of Yakima ("City") is required to develop, adopt, implement and review a comprehensive plan, as well as a zoning code and development regulations consistent with that plan; and WHEREAS, the City has previously adopted ordinances codified at Chapter 6.10 YMC prohibiting nudity and semi -nudity on premises or businesses licensed by the Washington State Liquor Control Board for the service, sale or consumption of alcoholic beverages; and ordinances codified at Chapter 5.30 YMC regulating dance studios, and defining "adult entertainment;" and ordinances codified at YMC 15.09.200 defining "adult business" and "adult entertainment," and establishing requirements and land use controls for such businesses and entertainment; and WHEREAS, the City has received application in the past for adult entertainment and adult business, processed under the provisions referenced above, which application is currently subject to judicial review, and the City of Yakima may receive in future applications for adult entertainment and adult businesses that would significantly increase the amount of commercial space characterized by such uses and located within the City; and WHEREAS, the United States District Court for the Eastern District of Washington in the case captioned Muffett v. City of Yakima, et al., Case No. CV - 10 -3092 -RMP issued a decision on July 17, 2012. The decision held, in part, that the City of Yakima "is permanently enjoined from enforcing the compatibility requirement of YMC 15.02.020 and 15.04.020 with respect to conduct protected by the First Amendment unless and until the compatibility provision is modified to 1 conform to constitutional standards" in a manner consistent with the court's decision; and WHEREAS, as a result of the court's ruling striking down the aforementioned provisions of the current Yakima Municipal Code provisions pertaining to adult business and adult entertainment, the City does not have code provisions to adequately address the various impacts to public health, safety, morals and general welfare that these uses present. The effects of such decision declaring such code provisions to be unenforceable and enjoining use of such codes to regulate adult businesses and adult entertainment, would include, inter alia, allowing locations for adult businesses and adult entertainment without the ability to develop or implement appropriate objective standards governing such locations within the City. This is likely to result in probable significant unmitigated public health, safety, criminal and environmental impacts on adjacent land uses, including but not limited to schools, churches and public property such as parks, residential neighborhoods; and WHEREAS, other cities in the state and region, and elsewhere in the country, have adopted ordinances regulating adult businesses and adult entertainment uses, based upon evidence of the negative secondary effects of such uses; and WHEREAS, residents of the City of Yakima would be well served if the City Council and City staff could more fully address and understand the potential negative secondary effects of such adult businesses and adult entertainment uses, in the form of health, safety, economic, environmental and aesthetic impacts that these uses could impose upon neighboring properties and the community as a whole; and WHEREAS, the City needs to review existing information on the negative secondary effects of adult business and adult entertainment uses, and to review the City's codes and ordinances in a comprehensive fashion to determine whether they sufficiently address the secondary effects of such uses and appropriately balance the interests of adult businesses and adult entertainment providers; and WHEREAS, the City needs more time to consider properly and carefully the location and regulation of adult businesses and adult entertainment; and WHEREAS, based on a wide range of testimony and documents presented to other cities and counties by law enforcement agencies and the public, the City Council finds that adult entertainment businesses and adult entertainment, although afforded some constitutional protection, often result in undesirable secondary effects, including criminal and other unlawful activities such as prostitution, narcotics and liquor law violations, breaches of the peace, assaults and sexual contact between entertainers and patrons; and 2 WHEREAS, the City Council finds that the City's land use integrity and the state Growth Management Act planning process will suffer significant harm unless applications for licenses, permits and approvals for adult businesses and adult entertainment are halted until the planning process is completed; and WHEREAS, the City Council finds that protection of the health, safety and welfare supports establishment of a moratorium on applications for licenses, permits and approvals for adult businesses and adult entertainment, as such terms are defined in the Yakima Municipal Code, including but not limited to, Chapter 5.30 YMC and YMC 15.06.200; and WHEREAS, RCW 35.63.200 and RCW 36.70A.390 authorize the City to adopt a moratorium on development permits and approvals for adult businesses and adult entertainment and thereafter to hold a public hearing on the moratorium to be held within sixty (60) days of the commencement of the moratorium; and WHEREAS, the City Council finds that the enactment of this Ordinance constitutes and emergency due to the decision of the federal district court in Muffett v. City of Yakima, et al. described above, which decision invalidated, declared unenforceable and enjoined the application of existing City codes pertaining to adult businesses and adult entertainment, leaving the City without effective means to regulate such uses; and WHEREAS, the City Council further finds and determines that enactment of this Ordinance constitutes an emergency due to challenges to the provisions of existing City codes pertaining to adult businesses and adult entertainment concerning the provisions and procedures of YMC 15.09.200 regarding findings of compatibility of such uses to the surrounding neighborhoods, and that existing City code and regulations do not adequately address the potential health, safety, environmental, zoning, infrastructure, law enforcement and community impacts associated with adult businesses and adult entertainment located and likely to be located in the City of Yakima, and WHEREAS, this emergency is further supported by the unnecessary burden and infringement placed on businesses and other persons desiring to process applications for adult entertainment and adult entertainment businesses under a regulatory process. that is ill-suited to review the health, safety, environmental, zoning, infrastructure, law enforcement and community issues involved in such applications; and WHEREAS, a moratorium on the acceptance, processing and issuance of permits for adult businesses and adult entertainment is necessary to enable the City Council to formulate a comprehensive permitting process which addresses 3 impacts, mitigation requirements, zoning for potential siting, and other requirements and standards to protect and benefit the public interest; and WHEREAS, the potential adverse effects on the public health, property, safety and welfare, as discussed above, justify the declaration of an emergency; and WHEREAS, the City Council authorizes and directs the City' Manager to review existing City codes and zoning regulations, further study the effects resulting from any approval of adult businesses and adult entertainment, prepare comprehensive proposed amendments to the City codes and zoning regulations to address the effects of such uses, to confer with community members and City advisory commissions, including public hearing before the Planning Commission, as appropriate, and to present recommended legislation addressing such issues to the City Council for consideration and action; and WHEREAS, the City Council finds and determines that a public hearing on this moratorium should be held on August 21, 2012, whereupon the City Council may adopt findings of fact in support of the adoption of this moratorium, or modify the terms thereof; and WHEREAS, notwithstanding the term of six months set forth above for the moratorium adopted herein, this moratorium may be (a) modified by the City Council in accordance with applicable law; (b) extended for additional term(s) of six months upon action following public hearing and adoption of findings in support thereof; (c) terminated by the City Council upon adoption of appropriate zoning and regulatory codes; or (d) terminated by the City Council for any reason deemed necessary or appropriate; now, therefore: BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Moratorium Established. A moratorium is imposed upon the filing with the City of Yakima of any applications for licenses, permits and approvals for adult businesses and adult entertainment, as those terms are defined and used in the City of Yakima Municipal Code and below, and for adult entertainment and adult entertainment business as those terms are commonly understood. Section 2. Exemption — Vested Rights. This moratorium specifically exempts any application for permit deemed complete as of the effective date of this moratorium, and any adult entertainment business or use lawfully existing as of the effective date of this moratorium. Section 3. Public Hearing. Pursuant to RCW 36.70A.390 and RCW 35.63.200, a public hearing will be held on Tuesday, August 21, 2012, for the 4 purpose of taking testimony and, if this ordinance is passed, adopting written findings and conclusions justifying the moratorium established by this ordinance. Section 4. Effective Period of Moratorium. The moratorium adopted by this ordinance shall become effective immediately upon passage and approval of this ordinance, and shall remain in effect for six months, through January 15, 2013, subject to adoption of findings and conclusions as provided in Section 3 above. This moratorium shall also terminate upon the adoption of permanent regulations governing the location, land use and regulation of adult businesses and adult entertainment. Notwithstanding the above, this moratorium may be extended as provided in RCW 36.70A.390 and RCW 35.63.200. Section 5. Direction to Develop Comprehensive Adult Entertainment Regulation Ordinance. The City Council hereby authorizes and directs the City Manager to develop a comprehensive adult entertainment and adult entertainment business ordinance which shall be presented to the City Council on the earliest possible date. The City Manager is encouraged to seek input from appropriate City staff, business representatives, other commissions and boards of the City, other governmental agencies and members of the public. Section 6 Subjects for Consideration. Without limitation, the City Manager is encouraged to consider all subjects relevant to the regulation of adult businesses and adult entertainment, including but not limited to: appropriate business license requirements; regulation of conduct of adult entertainment and adult entertainment businesses; law enforcement effects and needs; safety of employees, patrons and the public; community standards of morality and decency; appropriate or necessary zoning or siting requirements; appropriate or necessary building requirements; issues of free speech and signage intended for advertising of adult entertainment and adult entertainment businesses; and any other matter deemed necessary or appropriate to preserve, promote and protect the general health, safety and welfare. Section 7. Declaration of Emergency. Pursuant to Article VI Section 2 of the Charter of the City of Yakima, the City Council finds, determines and declares that this ordinance is an emergency ordinance to provide for the immediate preservation of the public peace, property, health or safety. The unanimous vote of the City Council shall be necessary for the passage of this emergency ordinance. Section 8. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. 5 Section 9. Effective Date. This ordinance shall be in full force and effect immediately upon its passage and approval as provided by law and the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 17th day of July, 2012. ATTEST: By /la Micah Cawley, Mayor City Clerk Effective Date: July 17, 2012 Publication Date: July 20, 2012 Ordinance Approved by Unanimous Vote of Council Members: July 17, 2012 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON JAMIE MUFFETT, a 'single person, individually and d/b/a "JLM Talent, LLC," a Washington limited liability company, Plaintiff, v. CITY OF YAKIMA, by and through the members of its City Council, et al., Defendants. NO: CV -10 -3092 -RMP ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT Before the Court are the Defendant's second motion for summary judgment, ECF No. 103, and the Plaintiff's motion for partial summary judgment, ECF No. 129. Oral argument on the Plaintiff's motion was heard on June 19, 2012, in Spokane, Washington. The Defendant's motion was noted without oral argument. The Court has reviewed the motions, the relevant filings, the file, and is fully informed. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 BACKGROUND This action arises from Plaintiff Jamie Muffett's attempts to open an adult entertainment business in the City of Yakima, Washington. Mr. Muffett's application for approval of his proposed adult entertainment business was denied by a hearing examiner who concluded that Mr. Muffett's proposed use violated Yakima's Urban Area Zoning Ordinance ("UAZO"). The Yakima Ordinance and Review Procedures Under the UAZO, Yakima has a special section addressing adult entertainment businesses. Yakima Municipal Code ("YMC") 15.09.200. The section places a variety of restrictions on adult businesses related to areas like signage, operating hours, and location. YMC 15.09.200(D)(1). With regard to location, adult businesses cannot be located within 500 feet of a school, church, park, library, or residential zone. YMC 15.09.200(D)(1)(a)(1)(a)-(e). Nor can an adult business be located within 1500 feet of "a parcel supporting a similar adult entertainment use." YMC 15.09.200(D)(2). Apart from the special restrictions set forth in the adult business section, the section specifies that adult entertainment businesses are either a "Class (2)" or "Class (3)" use under the UAZO, depending on whether the business is to be placed in an area zoned for commercial or industrial uses. YMC 15.09.200(C)(1). ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 In this case, Mr. Muffett's proposed business would have been placed in a general commercial zone and was a "Class (2)" use for the purposes of the UAZO. Class (2) uses may be permitted after review by an administrative official to determine whether the proposed use is "compatible" with the surrounding district. YMC 15.04.020(B). Class (2) uses typically are reviewed under "Type (2)" review. YMC 15.04.020(B). Under Type (2) review, a person may apply in writing to the planning department and attach a general site plan. YMC 15.14.030. The reviewing administrative official may request further information. YMC 15.14.030 (citing YMC 15.11.020(B)). The administrative official shall issue a preliminary decision within seven days of the receipt of a completed application or, where additional information is required, within seven days of the receipt of the additional information. YMC 15.14.040(A). Upon preliminary approval, the administrative official must notify nearby landowners of the proposed use and may solicit comments from other interested parties. YMC 15.14.040(B). After considering any comments, the administrative official may approve the application, deny the application, seek additional information, condition approval on modifications to the application, or refer the site plan to a hearing examiner. YMC 15.14.040(C). The administrative official must prepare written findings and conclusions if he or she approves or denies the application. YMC 15.14.040(E). ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 An administrative official overseeing a Type (2) review may require that a Class (2) use undergo a Type (3) review where "[i]n the opinion of the administrative official, formal public review and comment on a proposal will assist in determining necessary and proper mitigation of impacts." YMC 15.14.020(A). Type (3) review involves a public hearing in front of a hearing examiner, and the public may submit written information to the hearing examiner. YMC 15.15.040(B). Unless otherwise agreed to, within ten days of the hearing, the hearing examiner must render a written decision. YMC 15.15.040(C). Within fourteen days of the mailing of the hearing examiner's decision, an aggrieved party may appeal the decision to the city council. YMC 15.16.040. The parties then have fourteen days to file written arguments with the council. YMC 15.16.040(B)(1). After the fourteen -day period has expired, the planning department must deliver the hearing examiner's record to the city council within five days. YMC 15.16.040(B)(3). Upon receipt of the record, the city council must set a public hearing within twenty days at which it may decide the case or remand for further proceedings. YMC 15.16.040(A), (E). Within twenty-one days of the issuance of a land use decision from the city council, an aggrieved party may appeal such decision to the Washington State Superior Court. RCW 36.70C.040. The appeals process is expedited by default ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092=RMP Document 226 Filed 07/17/12 and "[t]he matter must be set for hearing within sixty days of the date set for submitting the local jurisdiction's record." RCW 36.70C.090. Mr. Muffett's Application Mr. Muffett is the sole owner ofJLM Talent, LLC. ECF No. 105 at 7. On March 18, 2010, Mr. Muffett submitted an application to open a proposed adult entertainment business in the City of Yakima. ECF No. 105 at 21-22. Joan Davenport,the planning manager for Yakima, served as the administrative official who handled Mr. Muffett's application. ECF No. 104 at 3. Ms. Davenport concluded that formal public review and comment on Mr. Muffett's application would be useful and opted for a Type (3) review process involving a public hearing for Mr. Muffett's proposed Class (2) use. ECF No. 104 at 4-5. A public hearing was held in front of Hearing Examiner Gary Cuillier on May 28, 2010. ECF No. 105 at 28. On July 6, 2010, Mr. Cuillier issued his written decision finding that Mr. Muffett's proposed adult business did not comply with the UAZO because it was not compatible with the surrounding uses. ECF No. 105 at 39. Specifically, Mr. Cuillier found that the negative secondary effects of Mr. Muffett's proposed use would "likely include increased crime, especially prostitution, drug and assault crimes." ECF No. 105 at 93. Mr. Cuillier found that the district surrounding Mr. Muffett's proposed business location constituted a "family and tourist -oriented location" that would suffer lost business, decreased ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT,,. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 property values, and blight as a result of the negative secondary impacts of Mr. Muffett's proposed adult business. ECF No. 105 at 93. Mr. Muffett appealed the hearing examiner's decision to the city council. ECF No. 100-01. On September 7, 2010, a public hearing was held to address Mr. Muffett's appeal. ECF No. 105 at 105. The city council upheld Mr. Cuillier's decision by a unanimous roll call vote. ECF No. 105 at 105. Mr. Muffett did not timely file a Land Use Petition Action to the Washington State Superior Court. APPLICABLE LAW Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). A key purpose of summary judgment "is to isolate and dispose of factually unsupported claims ...." Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 (1986). Summary judgment is "not a disfavored procedural shortcut," but is instead the "principal tool[ ] by which factually insufficient claims or defenses [can] be isolated and prevented from going to trial with the attendant unwarranted consumption of public and private resources." Celotex, 477 U.S. at 327. The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact. See Celotex, 477 U.S. at 323. The moving party must demonstrate to the Court that there is an absence of evidence to support the ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 non-moving party's case. See Celotex Corp., 477 U.S. at 325. The burden then shifts to the non-moving party to "set out `specific facts showing a genuine issue for trial."' Celotex Corp., 477 U.S. at 324 (quoting Fed. R. Civ.P. 56(e)). A genuine issue of material fact exists if sufficient evidence supports the claimed factual dispute, requiring "a jury or judge to resolve the parties' differing versions of the truth at trial." T W Elec. Serv., Inc. v. Pac. Elec. Contractors Ass'n, 809 F.2d 626, 630 (9th Cir.1987). At summary judgment, the court draws all reasonable inferences in favor of the nonmoving party. Dzung Chu v. Oracle Corp. (In re Oracle Corp. Secs. Litig.), 627 F.3d 376, 387 (9th Cir. 2010) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986)). The evidence presented by both the moving and non-moving parties must be admissible. Fed. R. Civ. P. 56(e). The court will not presume missing facts, and non-specific facts in affidavits are not sufficient to support or undermine a claim. Lujan v. Nat'l Wildlife Fed'n, 497 U.S. 871, 888-89 (1990). DISCUSSION Defendant's Second Motion for Summary Judgment In seeking summary judgment, Yakima identifies the claims it believes are asserted in Mr. Muffett's first amended complaint and more definite statement. Yakima identifies four claims brought pursuant to 42 U.S.C. § 1983. The claims allege violations of the First Amendment, Fourth Amendment, "privacy" under the ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ,,. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 Fifth Amendment, and procedural due process through the Fourteenth Amendment. Yakima asserts that all of the claims are based on Mr. Muffett's allegation that Yakima failed to follow the UAZO when Yakima denied Mr. Muffett's application for zoning approval of his proposed adult entertainment business. Yakima asserts that it followed the UAZO, and, as a result, Mr. Muffett's claims must fail. Yakima further asserts that Mr. Muffett has failed to identify an official policy giving rise to any of his claims as is required for municipal liability for claims brought under section 1983. Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978). In responding to the Defendant's second motion for summary judgment, Mr. Muffett asserts that his claim is a facial challenge to the compatibility requirement of the UAZO. Mr. Muffett admitted that his "First Amended complaint does contain a number of allegations that are no longer material to the action." ECF No. 120 at 4. Mr. Muffett identified that "[i]t is the constitutionality of th[e] `compatibility' requirement that remains to be determined in this litigation." ECF No. 120 at 4-5. Accordingly, Mr. Muffett does not challenge the City's assertions that the City complied with the UAZO, that the city's decision was based on considerations other than those mandated by the UAZO, or that Mr. Muffett has failed to state claims for violations of the Fourth Amendment, the right ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 to privacy, and procedural due process. Accordingly, the Defendant prevails on those issues. That leaves two issues raised by Yakima's second motion for summary judgment that are contested by Plaintiff: whether Mr. Muffett's amended complaint states a facial challenge to the UAZO, and whether Mr. Muffett has met the Monell pleading standard. These two inquiries collapse into one because the Monell standard is met when a plaintiff challenges the constitutionality of a municipal ordinance. Monell, 436 U.S. at 690. Accordingly, if the Court concludes that Mr. Muffett's amended complaint states a facial challenge to the Yakima zoning ordinances, then Mr. Muffett will have necessarily met the Monell standard for section 1983 claims. Whether the amended complaint states a facial challenge to the Yakima zoning scheme. A complaint must contain, among other things, "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a). A complaint meets this burden where it "contain[s] sufficient factual matter, accepted as true, to `state a claim to relief that is plausible on its face."' Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). "A claim has facial plausibility when the plaintiff pleads factual content ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 9 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. In his response to Yakima's motion for summary judgment, and in his own motion for partial summary judgment, Mr. Muffett asserts that the UAZO's compatibility requirement constitutes an unconstitutional prior restraint on free speech. The gist of Mr. Muffett's argument is (1) that Mr. Muffett's proposed business involves nude dancing, which is protected First Amendment expression; (2) that Mr. Muffett needs the permission of a government administrator before he may engage in this protected First Amendment speech; and (3) that the administrator has unfettered discretion in granting the permission. In his complaint, Mr. Muffett alleges that he "applied for a license to open a `gentlemen's club"; that the city denied his application; and that the basis for Yakima's denial was that the club was "not compatible" with other businesses in the area. ECF No. 2 at 4-5. He then claims that such conduct violated the First Amendment. ECF No. 2 at 7. The Court finds that the allegations contained in Mr. Muffett's amended complaint are sufficient to challenge the constitutionality of the compatibility requirement in the context of expressive conduct. Mr. Muffett's more definite statement is consistent with his amended complaint. While Mr. Muffett's focus remains on allegations that the City failed to follow the UAZO, Mr. Muffett alleges that "the defendant city has frustrated [Mr. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 Muffett's] Constitutional rights for free expression by using illegal ... rules and restrictions for [his] license application." ECF No. 89 at 4. One of the alleged illegal restrictions is the compatibility requirement of the UAZO. ECF No. 89 at 3. Yakima's reliance on La Asociacion De Trabajadores de Lake Forest v. City of Lake Forest, 624 F.3d 1083 (9th Cir. 2010), and Wasco Prods., Inc. v. Southwall Techs., Inc., 435 F.3d 989 (9th Cir. 2006), for the contention that a party may not defeat a summary judgment motion by raising a new claim in its reply is simply not relevant here. In both Wasco and La Asociacion, the plaintiffs failed to allege facts in their complaints supporting necessary elements of their theories opposing summary judgment. La Asociacion, 624 F.3d at 1088-89 (failing to allege frustration of the purpose of the National Day Laborer Organizing Network as a group as opposed to allegations respecting only individual members); Wasco, 435 F.3d at 992 (failing to plead the elements of civil conspiracy as necessary to toll the statute of limitations). Unlike the plaintiffs in La Asociacion and Wasco, Mr. Muffett has pleaded sufficient facts to support his argument on summary judgment that the compatibility requirement of the UAZO is an unlawful prior restraint. While the complaint and more definite statement focus on a challenge to the application of the zoning ordinances, the factual allegations and reference to the First ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 Amendment were sufficient to put Yakima on notice that Mr. Muffett challenged the compatibility requirement. Plaintiff's Motion for Partial Summary Judgment In his motion for partial summary judgment on his section 1983 claim, Mr. Muffett challenges the constitutionality of the compatibility requirement of the UAZO. Section 1983 does not itself confer any rights, but is merely a mechanism by which a plaintiff may enforce rights secured elsewhere. Gonzaga Univ. v. Doe, 536 U.S. 273, 285 (2002) (citing Chapman v. Houston Welfare Rights Org., 441 U.S. 600, 617 (1979)). To state a cause of action against a person under § 1983, a plaintiff must establish (1) that the person was acting under color of state law, and (2) that the person deprived the plaintiff of any rights, privileges, or immunities secured by the Constitution or other law of the United States. Payne v. Peninsula Sch. Dist., 653 F.3d 863, 872 (9th Cir. 2011). "Local governing bodies ... can be sued directly under § 1983 for monetary, declaratory, or injunctive relief where .. . the action that is alleged to be unconstitutional implements or executes ... a[n] .. . ordinance [or] regulation." Monell, 436 U.S. at 690. Nude dancing, of the type to be performed at Mr. Muffett's proposed club, is "`expressive conduct' which falls `within the outer ambit of the First Amendment's protection."' Dream Palace v. County of Maricopa, 384 F.3d 990, 998 (9th Cir. 2003) (quoting City of Erie v. Pap's A.M., 529 U.S. 277, 289 (2000)). ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 Accordingly, Mr. Muffett's proposed land use triggers the protections of the First Amendment. Because Mr. Muffett challenges the constitutionality of an ordinance, he has appropriately stated a claim against Yakima under section 1983. Monell, 436 U.S. at 690. The basis of Mr. Muffett's constitutional challenge is that the requirement under the UAZO that proposed adult entertainment businesses must undergo a compatibility review and be approved by an administrative official prior to their engaging in nude dancing, a protected form of expression, is an unconstitutional prior restraint because the administrative official is vested with too much discretion. "A prior restraint exists when the enjoyment of protected expression is contingent upon the approval of government officials." Dream Palace, 384 F.ed at 1001 (citing Near v. Minnesota, 283 U.S. 697, 711-13 (1931)). In Shuttlesworth v. City of Birmingham, 394 U.S. 147 (1969), police arrested a group of civil rights marchers for marching without first receiving a permit. 394 U.S. at 148-19. The permitting statute at issue required the issuance of a permit before any "parade or procession or other public demonstration." Id. at 149. To receive a permit, marchers were required to write an application in which they disclosed the "probable number of persons, vehicles and animals which will be engaged in such parade, procession or other public demonstration, the purpose of which it is to be ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 held or had, and the streets or other public ways over, along or in which" the event is to be held. Id. A permit was to be issued upon application unless a commission judged that "the public welfare, peace, safety, health, decency, good order, morals or convenience required that it be refused." Id. at 149-50. The Court held that the standard by which the commission was to determine whether a permit should be withheld vested too much discretion in the commission and therefore constituted "an unconstitutional censorship or prior restraint." Id. at 150-51 (internal quotations omitted). In opposing Mr. Muffett's motion, the City argues that the UAZO is a constitutionally permissible time, place, and manner restriction that should not be subject to a prior restraint analysis. ECF No. 152 at 2 (citing Renton v. Playtime Theatres, Inc., 475 U.S. at 41 (1986)). However, "[t]he weight of authority suggests that an unconstitutional prior restraint cannot be upheld as a `content - neutral time, place and manner' regulation." Diamond v. City of Taft, 29 F. Supp. 2d 633, 647 (E.D. Cal 1998) (quoting FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 233 (1990)); see also Long Beach Area Peace Network v. City of Long Beach, 574 F.3d 1011, 1025 (9th Cir. 2008) (recognizing a fourth criterion to time, place, and manner restrictions ensuring that a permitting scheme 'may not delegate overly broad licensing discretion to a government official.") (quoting Forsyth Cnty. v. Nationalist Movement, 505 U.S. 123 (1992)). Shuttlesworth supports the ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 14 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 conclusion that an otherwise valid, content neutral time, place, and manner restriction may be unconstitutional as a prior restraint as the permit requirement in Shuttlesworth case was not enacted to restrict speech but was a regulation of sidewalks and streets pursuant to the legitimate government interests in traffic regulation and public safety. 394 U.S. at 152. Accordingly, even if the UAZO complies with the requirements of Renton, and is otherwise a valid time, place, and manner restriction, the UAZO may still be unconstitutional if it is a prior restraint that vests too much licensing discretion in public officials. FW/PBS does not suggest otherwise. In FW/PBS, the fact that the procedural failings of the ordinances in FW/PBS were sufficient to decide the case, and the fact that the Court explicitly did not reach the time, place, and manner, issue, suggests that the procedural requirements imposed on prior restraints are separate and in addition to the constitutional requirements of time, place, and manner regulations. See id. at 221-22. Unlike the UAZO at issue in this case, the portions of the licensing ordinance in FW/PBS that vested too much discretion in licensing officials already had been stricken by the trial court and the ordinances had been amended to remove the discretion prior to review by the Supreme Court. 493 U.S. at 223. Similarly, in Renton, the ordinance at issue involved only objective criteria. See 475 U.S. at 43. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ,,, 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 Under the UAZO, adult businesses are treated as Class (2) or Class (3) uses depending on where they are sited. YMC 15.09.200(C)(1). Both uses require a compatibility review. YMC 15.04.020(B) -(C). As a result, every proposed adult entertainment business must undergo a compatibility review before it may be approved. Therefore, the compatibility requirement of the UAZO is functionally equivalent to a licensing scheme and serves as a prior restraint. See Diamond, 29 F. Supp. 2d at 648 (because adult businesses needed to seek approval through a conditional use permit prior to engaging in business, the conditional use permit requirement acted as a prior restraint on protected expression) (citing Shuttlesworth, 394 U.S. at 150-51). In addition, Yakima imposes a licensing requirement on adult businesses. YMC 5.30. However, the issuance of a license is contingent upon compliance with the UAZO. YMC 5.30.030(C)(3). If Mr. Muffett cannot meet the zoning requirement in the UAZO, he cannot receive a license under YMC 5.30. Accordingly, the compatibility requirement of the zoning ordinance is incorporated in the licensing requirements and constitutes a prior restraint. Because the compatibility requirement of the UAZO is a prior restraint, it must sufficiently limit the discretion of the administrative official tasked with determining the compatibility of a proposed adult use in order to withstand constitutional scrutiny. Discretion is sufficiently limited when administrative ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 officials are guided by "narrow, objective, and definite standards." Shuttlesworth, 394 U.S. at 149. "The standards must be sufficient to `render [the official's decision] subject to effective judicial review.'"I Long Beach Area Peace Network ("LBAPN") v. City of Long Beach, 574 F.3d 1011, 1025 (9th Cir. 2008) (quoting Thomas v. Chi. Park Dist., 534 U.S. 316, 323 (2002)). The compatibility requirement of the UAZO obliges the administrative official reviewing a Class (2) use to -"promote compatibility with the intent and character of the district and the policies and development criteria of the Yakima urban area comprehensive plan."2 YMC 15.02.020, 15.04.020. "`Compatibility' 'This requirement works in tandem with the judicial review timing requirements of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004). Where discretion is too broad for effective judicial review, the prior restraint is unconstitutional. LBAPN, 574 F.3d at 1025. Where prior restraint criteria are objective and simple, expedited judicial review is not required. Littleton, 541 U.S. at 783-84. However, where criteria are sufficiently objective to allow effective judicial review but may involve some exercise of discretion, expedited review may be appropriate. See id. at 782. 2An ordinance's terms may be further limited by "explicit textual incorporation, binding judicial or administrative construction, or well-established ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 17 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 means the characteristics of different uses of developments that permit them to be located near each other in harmony with or without special mitigation measures." YMC 15.02.020. The compatibility requirement, by its plain terms, allows an administrative official to reject a proposed use based on its not being in "harmony" with the "character of the district." Such subjective standards provide no basis for a Court sitting in review to determine whether the standard has been applied correctly. The compatibility standard is neither objective nor narrow as required under Shuttlesworth. 394 U.S. at 149; see also Diamond, 29 F. Supp. 2d at 649-50. Accordingly, the UAZO's requirement that adult businesses undergo a compatibility review is an unconstitutional prior restraint. The out -of -circuit cases cited to by the City are distinguishable from this case. In Steakhouse, Inc. v. City of Raleigh, 166 F.3d 634 (4th Cir. 1999), the practice." City of Lakewood v. Plain Dealer Pub. Co., 486 U.S. 750, 770 (1988). The City has not argued that the discretion of administrative officials is limited beyond what the text of the UAZO provides and has not provided any judicial or administrative constructions or well-established practices that would bind future decision -makers in determining compatibility. Accordingly, the Court reviews the plain text of the UAZO. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 ordinance cabined the discretion of the licensor by requiring him or her to focus on adverse effects on such public services as "parking, traffic, and police." Id. at 639. Such standards constitute much more objective criteria for a reviewing court than "compatibility" and "harmony." In Bronco's Entm't, Ltd. v. Charter Twp. of Van Buren, 421 F.3d 440 (6th Cir. 2005), the special review requirement that was upheld by the court involved the purely objective review whether the proposed adult business complied with geographic requirements explicitly set forth in the zoning ordinance. Id. at 446. In contrast, the Bronco court struck down a portion of the adult business licensing ordinance that allowed the chief of police to deny a license if the chief "determines that the applicant is presently unfit to operate a sexually oriented business due to the applicant's overall criminal record." Id. at 448. Finally, the standard in Field Day, LLC v. County of Suffolk, 463 F.3d 167 (2nd Cir. 2006), was interpreted to allow the denial of mass gathering permits upon a determination that the gathering presented "unreasonable risks to genuine issues of life or health." Id. at 180. Again, that standard provides substantially greater guidance to a reviewing court than the standard provided in the UAZO. In sum, none of the out -of -circuit cases cited by the City are persuasive. Because the Court has concluded that application of UAZO's compatibility requirement to proposed uses involving protected expression violates the Constitution, the Court must determine whether the offending provision is ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 severable from the remainder of the ordinance. Whether a municipal ordinance is severable is a question of state law. Leavitt v. Jane L., 518 U.S. 137, 139 (1996). Under Washington law, "[t]he test for severability is whether the constitutional and unconstitutional provisions are so connected ... that it could not be believed that the legislature would have passed one without the other." Kennedy v. McGuire, 38 Wn. App. 237, 242 (1984) (internal quotations omitted) (ellipses in original). "The presence of [a] severability clause `offers to the courts the necessary assurance that the remaining provisions would have been enacted without the portions which are contrary to the constitution.'" City of Seattle v. Davis, 32 Wn. App. 379, 385 (1982) (quoting State v. Anderson, 81 Wn.2d 234, 236 (1972)). The UAZO contains a severability clause. YMC 15.01.070. Therefore, the Court may restrict application of the compatibility requirement without finding the remainder of the ordinance unconstitutional. Accordingly, IT IS HEREBY ORDERED: 1. The Defendant's Second Motion for Summary Judgment, ECF No. 103, is GRANTED IN PART AND DENIED IN PART. 2. The Plaintiff's Motion for Partial Summary Judgment, ECF No. 129, is GRANTED. 3. The City of Yakima is PERMANENTLY ENJOINED from enforcing the compatibility requirement of YMC 15.02.020 and 15.04.020 with ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 2:10-cv-03092-RMP Document 226 Filed 07/17/12 respect to conduct protected by the First Amendment unless and until the compatibility provision is modified to conform to constitutional standards in a manner consistent with the foregoing Order. IT IS SO ORDERED. The District Court Executive is hereby directed to enter this Order and to provide copies to counsel. DATED this 17th day of July 2012. s/ Rosanna Mal ouf Peterson ROSANNA MALOUF PETERSON Chief United States District Court Judge ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT — 21 CRIME RISK IN THE VICINITY OF A SEXUALLY ORIENTED BUSINESS: A REPORT TO THE CENTRALIA CITY ATTORNEY'S OFFICE REVISED REPORT Richard McCleary, Ph.D. February 28, 2004 Analyzing a small subset of calls -for -service to the Centralia Police Department (CPD), R. Bruce McLaughlin concludes that crime risk in the vicinity of a sexually -oriented business at 1011 South Gold Street is no higher than in comparable areas of Centralia. Based on these data and on his interpretation of the crime -related secondary effects literature, McLaughlin concludes that the City has no legitimate public safety rationale for regulating sexually -oriented businesses. Analyses of actual crime data (vs. calls -for -service) refute McLaughlin's conclusion. A sexually -oriented business opened at 1011 South Gold Street in Centralia during the second week of December, 2001. Compared to the preceding period, serious crime rises significantly in the vicinity of this address. Serious crime in the rest of Centralia falls during the same period, demonstrating that the large, significant adverse secondary effect is not part of a general secular trend in crime. In sum, the data show that the City has a legitimate public safety rationale for regulating sexually -oriented businesses. Crime Data Crime risk, defined loosely as the probability of criminal victimization, must be estimated from crimes, not CFSs. The vast criminology literature has not even one precedent for using raw CFSs to measure crime risk. Criminologists invariably measure crime with Uniform Crime Reports (UCRs) or sample surveys of victims.' The smaller, unpublished secondary effects literature has also typically used UCRs or analogous crime statistics.' This is not to say that ' See, e.g., Measuring Crime (D.L. MacKenzie, P.J. Baunach, and R.R. Roberg, State University of New York Press, 1990). The criminological literature is consistent on this point. A search of four national criminology journals (Justice Quarterly, Criminology, Criminal Law and Criminology, and Journal of Quantitative Criminology) for the last three years found not one study that used CFSs to measure crime or crime risk. 2 "Reports" that list CFSs to liquor license addresses are an apparent exception (e.g., A Study of CFSs to Adult Entertainment Establishments which Serve Alcoholic Beverages by Capt. Ron Fuller and Lt. Sue Miller, Fulton County,GA Police Dept., June 13`h, 1997). Such "reports" CFSs have no valid uses. On the contrary, all urban police departments, including the CPD, collect these data for use in scheduling and budgeting.' But no police depaitnuent uses CFSs to measure crime or public safety. Criminologists and police departments alike use crime to measure crime. Given the nominal purpose of my analyses, I requested UCR data from the CPD. I requested Part I (or "Serious") crimes only. The eight Serious UCRs are homicide, rape, assault, robbery, burglary, theft, auto theft, and arson. The data were sent to me in rectangular formats with five columns corresponding to variables:4 • Type of crime (homicide, rape, assault, etc.); • Date that the crime was committed; • Time of day that the crime was committed; • Address where the crime was committed; ♦ City council district where the crime was committed. Each row of data in the files corresponded to a specific crime incident. The first incident in the files occurred on January 1S`, 1996; the last occurred on October 17`h, 2003. are often nothing more than computer print-outs, however. Although CFSs are used traditionally in liquor license reviews, they have little validity as measures of risk. Accordingly, secondary effects studies use crimes, particularly UCRs, and crime risk insurers use past victimizations, not past CFSs. These valid uses of CFSs are discussed in undergraduate policing texts. See, e.g., Police Administration by O.W. Wilson and R. McLaren (McGraw-Hill, 1978); Police and Society by R.R. Roberg, J. Crank and J. Kuykendall, (Wadsworth, 1999) or Police Administration by C. Swanson, L. Territo, and R. Taylor (Macmillan, 1993). All of these texts make the same points that I make about CFSs. The data were sent in ten spreadsheet files on two 3.5 inch diskettes: the files were named arbitrarily mccleary.xls, mcclearyl.xls, mccleary2.xls, mccleary3.xls, theft0203.xls; theft0001.xls; theft9699.xls; aslt0002.xls; as1t9697.xls; as1t9899.xls; butg00.xls; burg9699.xls; burg0l03.xls; and mcclearyvehtheft.xls. Copies of these files were given to the plaintiffs. Table 1 - Centralia UCRs Per Day Statistics Crime Category N % Mean Var Max Homicide 5 .0% .0014 .001 1 Rape 104 .7% .0346 .037 2 Assault 3,428 22.4% 1.1379 1.556 8 Robbery 292 1.9% .0941 .193 6 Theft 4,948 32.3% 1.6543 2.630 11 Burglary, General 1,610 10.5% .5380 .616 8 Burglary, Trespass 1,997 13.0% .6591 .800 5 Burglary, Vehicle 2,220 14.5% .7423 1.104 8 Auto Theft 723 4.7% .2392 .257 3 Total UCR Personal 3,829 25.0% 1.2680 1.811 8 Total UCR Property 11498 75.0% 3.8330 5.707 15 Total UCR Serious 15,327 100.0% 5.1010 8.154 17 Table 1 reports the distributions of UCRs for Centralia. Like most police departments, the CPD uses an extensive set of categories for routine crime reporting. The categorical breakdowns in Table 1 are intended for broad descriptive purposes and to demonstrate an important mathematical property of crime in Centralia. During the 2,922 days between January 151, 1996 and October 17`h, 2003, more than 15,000 serious crimes were reported to the CPD. Approximately 75 percent of these crimes were property crimes, approximately 25 percent were personal crimes. The per -day statistics in the last three columns of Table 1 demonstrate that the daily UCR time series are "not different than" Poisson process outcomes. Technical details of Poisson variables are found elsewhere.' For purposes of this report, the Poisson distribution 5 See, e.g., A.C. Cameron and P.K. Trivedi, Regression Analysis of Count Data, Cambridge University Press, 1998. See "Confirmatory spatial analysis by regressions of a Poisson variable" (M. Stiger and R. McCleary, Journal of Quantitative Anthropology, 1989, allows for a simple analysis and interpretation of the hypothetical crime risks associated with the sexually -oriented business in Centralia. Quasi -Experimental Design "Design" refers generally to the set of methods, or methodology, used to collect, analyze, and interpret data. Crime -related secondary effects are always analyzed in the context of a "quasi -experimental" design. Using the conventional notation of Campbell and Stanley', the strongest quasi -experimental design can be diagramed as Impacted Area 0 X 0 Control Area where "0" denotes an observation of the ambient crime risk and "X" denotes a variable that distinguishes the experimental and control units. In this case, "X" represents the presence of a sexually -oriented business in the (hypothetically) impacted area; the "0"s measure the total number of crimes recorded in the impacted and control areas during fixed periods of time before and after the sexually -oriented business opens. Applications of this quasi -experimental design to the evaluation of crime- related secondary effects can differ in three ways: ♦ The size of the areas to be measured; 2:13-38) for a spatial application. A simple test of the Poisson property relies on the fact that the Poisson mean and variance are equal. If the mean/variance ratio of the variable is smaller than the 95`h percentile of a df=1 x2 distribution (i.e., smaller than 3.58), the variable is not different than Poisson. ' The design authority cited here is Experimental and Quasi -Experimental Designs for Research by D.T. Campbell and J.C. Stanley (Skokie, IL: Rand -McNally, 1966). A more recent authority by the same authors is Quasi -experimentation: Design and Analysis Issues for Field Settings by T.D. Cook and D.T. Campbell (Chicago: Rand -McNally, 1979). • The control area or areas used; and • The length of time that the impacted and control areas are observed. In this present instance, each of these three factors is decided by characteristics of the phenomena as it was found in Centralia. Specifically, • Given the geographical idiosyncracies of the neighborhood around 1011 South Gold Street, and the precision of the CPD data, the impacted area was defined as 250 -foot radius around the address. • Given that the major threat to internal validity is a general secular trend, the most reasonable control is the remaining area of Centralia. If a before -after change in the impacted area is due to a secular trend — i.e., not to the operation of the sexually -oriented business — a similar before -after difference will be observed in other areas of Centralia. If not, the change observed in the impacted area must be due to the sexually -oriented business. • Given the start-up date of the sexually -oriented business — December 10`h, 2001 — and end of the CPD dataset — October 17`h, 2003 — the post -intervention period lasts 677 days. To achieve a balanced design, the pre-intervention period was defined as the preceding 677 days. The analytic results presented below are robust to routine variations of these three factors. If the post -intervention period is made longer, e.g., or if the control area is defined as a random sample of 250 -foot circles, the results are unchanged. Table 2a- Quasi -Experimental Results' Impacted Area Other Centralia Post Pre VImpact Post Pre DOther Homicide 0 0 - 0- 1 1 - 0 - Rape 0 0 -0- 29 19 51% Assault 3 2 40% 583 677 15% Robbery 0 1 67% 72 60 20% Theft 5 3 57% 1046 1148 9% Burglary, General 7 1 500% 339 333 2% Burglary, Trespass 0 0 - 0 - 425 430 1% Burglary, Vehicle 2 1 67% 558 554 1% Auto Theft 0 1 33% 190 136 40% Part I UCR Person 3 3 - 0 - 685 757 10% Part I UCR Property 14 6 223% 2558 2601 2% Total Part I UCR 17 9 84% 3243 3358 3% V: Increase; V: Decrease Quasi -Experimental Results As reported in Table 2a, after the sexually -oriented business opened, total Part I UCR crime in the impacted area rose by 84 percent.' Over the same period, total serious crime dropped by three percent in the rest of Centralia. The difference between rise in the impacted ' A preliminary report of this research used slightly different totals. This preliminary report was written before a site visit to the CPD. In the site visit, on December 12th through 14th, I audited the constituent crime reports underlying the raw data and, also, the CPD's reporting process. I discovered that one of the robbery incidents reported preliminarily had been double - counted; and that some of the crime incidents found in other non -robbery categories were better described as robberies. In my experience, most police department have idiosyncratic coding _ rules that make category -specific comparisons difficult. To avoid division by zero, a constant 0.5 was added to numerators and denominators of the V,,,pac, and °other percentages in Table 2. This "continuity correction" has a large effect on the smallest numbers. Significance tests were performed without the constant. area and the decline in other areas is substantively large and statistically significant. Although the substantive and statistical significance can be reported in any number of ways, the conventional way involves the odds ratio statistic. Table 2b - Before/After Contrasts After Before Odds Impacted Area 17 9 1.8889 Other Centralia 3243 3358 0.9658 Odds Ratio 1.9559 As reported in Table 2b, the odds ratio for total Part I UCR crime is approximately 1.96. In effect, crime risk in the impacted area is 1.96 times greater than crime risks in other areas of Centralia. Under the null hypothesis, assuming that crime incidents are Poisson -distributed, the standard error for this odds ratio is .8076, indicating that an odds ratio larger than 1.96 would occur by chance alone less than one time in one -hundred trials or samples.' The finding of a significant before -after effect in Centralia is consistent with the secondary effects literature in one important respect. When UCRs (vs. calls -for -service) are used to measure crime risk, and when the secondary effect is estimated in the context of a before -after quasi -experimental design, one finds an adverse secondary effect. Afternote on Software The CPD data were analyzed with ARCView and SPSS. On our part, the choice of 'Derivations of this standard error are found in most graduate level statistics texts. See, e.g., p. 345 of Steve Selvin's Statistical Analysis of Epidemiological Data (New York: Oxford University Press, 1991). software was a matter of convenience. ARCView was generally used for mapping and geo- coding while SPSS was used for Poisson analyses. Geo-coding in ARCView resulted in positive matches for 97.2 percent of the 15,327 incidents in the files;. the 2.8 percent of the incidents that could not be geo-coded were discarded. DES MOINES ADULT USE STUDY AUGUST 1984 Robert W. Thorpe, AICP R. W. Thorpe & Associates, Inc. Seattle / Anchorage LR 2.0000 D44 A38 1993 MUNICIPAL RESEARCH CENTER 11111111)111111111 0011997 ADULT ENTERTAINMENT MATERIAL MUNICIPAL RESEARCH & SERVICES CENTER OF WASHINGTON LIBRARY 1200 5th AVENUE, SUITE 1300 SEATTLE, WA 98101-1159 JUN 2 9 1998 ADMINISTRATION REPORT ADULT USES I - SUMMARY To: City Council/, From: City Manage Subject: Recommended Actions - Adult Uses June 7, 1984 On October 27, 1983, the City Council conducted Public Hearings on two questions. 1. Should adult businesses be allowed in the Revitalization Area? 2. Should adult businesses which are allowed be grouped or dispersed? The City Council took testimony and was -presented extensive study data and reports on the effects of adult businesses on the Revitalization Area. The Council instructed Administration to prepare a recommendation by June 7, 1984. In the meantime, Council, Administration and consultants have had the entire record available for study. I have utilized Administrative staff (principally myself, Special Projects Assistant Dave Crow and City Attorney Gorham) to prepare a recommendation as instructed. I also commissioned Robert Thorpe and Associates to conduct an independent evaluation of the same adult use subject as related to the downtown Revitalization area. This report represents only a brief summary of the entire record and base of facts and studies used by Administration. The Administrative report is also summarized with this memo. An independent summary report from R.W. Thorpe and Associates is attached. A detailed report from R. W. Thorpe will follow in a few weeks. Recommended findings and conclusions are contained in the detailed Administrative report. The following recommended actions are summarized for easy reference. 1. Should adult businesses be allowed in the Revitalization area? - - N0. Recommendation - Schedule a special Public Hearing for the purpose of considering the wording of an ordinance eliminating the showing of adult movies from the Revitalization area and allowing a final opportunity to speak, with a special notice given, to the operator of the Des Moines Theater. The hearing is recommended for September. The proposed Ordinance should also eliminate all other adult uses from locating in the Revitalization area. Recommendation - After adoption of the proposed ordinance, order cessation of all adult movies at the Des Moines Theater. -1- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Recommended Actions - Adult Uses June 7, 1984 Recommendation - Adopt a policy to promote and fund a cooperative local improvement district in the Revitalization area when the theater has permanently ceased to show adult movies_ or has moved to another location. 2. Should Adult businesses which are allowed be grouped or dispersed? - - THE ADULT BUSINESSES SHOULD BE DISPERSED AND SEPARATED. Recommendation - Adult businesses which locate on Pacific Highway South should be separated by distances of 500 to 1,000. feet from any other adult use, Church, school or public facility. It is the recommendation of the City Manager and the City Attorney that the City Council take this summary report and detailed report under advisement for individual study and that the Council place the item on an August agenda for the purpose of scheduling a Public Hearing in September to consider the wordage of an Ordinance implementing the above recommended actions. Stan E. McNutt City Manager -2- Adm. Rpt. 6-7-84 II. BACKGROUND The purpose of this report is to summarize the impact of the Des Moines Theater on nearby business and residential areas and on the City of Des Moines as a whole. This report will focus on this adult theater and within the framework of findings previously determined of adult uses in general. This report will especially look at land use impacts associated with adult theaters and make recommendations to mitigate any adverse impacts. The Des Moines Theater is located at 22333 Marine View Drive in the Central Business District of Des Moines. The structure housing the theater is well over 50 years old, and has been used continuously as a movie theater since its completion. The building consists of a motion picture theater on the first floor with approximately 380 seats, three store fronts with warehouse space below and offices on the second floor. The theater was first issued a business license in 1960, when the Des Moines business license ordinance went into effect. The theater began showing adult movies in 1971. The present owner, Mr. Richard J. Pappas, has operated the theater since October, 1976. According to community impact statements produced by Mr. Pappas in accordance with City of Des Moines ordinances, adult movies are shown because other types of movies do not produce sufficient ticket sales for a profitable business. The correlation between the amount of business at the theater and the showing of adult movies , however, is difficult for the City of Des Moines to document. The only figures available on tickets sold are on admission tax reports submitted quarterly by the theater. This 5% admission tax, however, was not enacted until 1974, three years after the theater began showing adult movies. Appendix A is a summary of admissions at the Des Moines Theater since the enactment of the admissions tax. Over the years, there has been a great deal of objection by Des Moines area residents to adult uses and the showing of adult movies in the community. The City has hundreds of letters and petition signature on file objecting to these uses dated from 1974 to the present. These letters and petitions represent over 600 households, and all but two are opposed to adult businesses. Many of these express that they and the people they know or influence will not shop adjacent businesses because the theater creates the image of an adult use zone. Additionally, in the Community Opinion Survey conducted in March, 1978, the adult theater was among the most frequent features of Des Moines that elicited negative responses (Appendix B). The appearance (deterioration) of business establishments was the Number 1 negative comment regarding business in Des Moines. The evidence gathered since the survey clearly shows a correlation between deterioration of business neighborhoods and the presence of adult uses. Taken in combination, the negative responses on the "X-rated theater", "appearance of business establishments", "hippy shops" (drug paraphernalia) and "massage parlors" was 18.3% (This is a tie for first concern among the subjects under City jurisdiction.) 3 Adm. Rpt. 6-7-84 III. HISTORY The City has been carefully studying impacts related to adult uses including the theater since the enactment of Ordinance No. 464 on April 9, 1979 (copy enclosed as Appendix C). Ordinance No. 464 requires impact studies on all adult business. The City has acquired a great deal of information on adult business and their impact through the application of this ordinance and the resultant Community Impact Statements, studies and testimony. The theater voluntarily complied with the requirements of the ordinance by submitting a Community Impact Statement. Although no final decision has been made on the theater under Ordinance No. 464, the impact studies on the theater and other adult uses have been exhaustive. It is important to note that the Ordinance does not address the morality of any legal business transaction. It does address the "third party" impacts, especially economic, that a particular business may haveon the immediate neighborhood and the community at large. In the Washington Supreme Court decision of October 19, 1978, upholding the City of Seattle's zoning enactments requiring that adult motion pictures be located in certain areas of town, the Court noted "much effort and money have been invested in long-range improvement plans for these areas". The City of Des Moines and its business leaders have spent over $37,000 on studies and efforts at revitalizing downtown. Another $20,000 has been budgeted by the City for 1984. Other expenses include many hours of city staff time, volunteer work, and the commissioning of a consultant for an independent follow up study on the specific question of adult uses. A critical question for all of those involved in revitalization is: could the continuing efforts and effectiveness of revitalization be affected by the presence of the adult movie theater and any new adult businesses in the heart of the downtown area? Although there are federal and state laws that are concerned with adult publications and movies, they do not in any way regulate where adult businesses may locate. The location issue is left to local government. Besides Ordinance No. 464, the only other local regulations and ordinances directly affecting adult theaters as a use are local zoning regulations. The following inventory itemizes all relevant Zone Code sections pertaining to the location and development standards of theaters in the City: 18.06.010 Purpose of classifications. The basic purpose of this title is to classify uses and to regulate the location of such uses in such manner as to group as nearly as possible those uses which are mutually compatible, and to protect each such group of uses from the intrusion of incompatible uses which would damage the security and stability of land and improvements and which would also prevent the greatest practical convenience and service to the citizens of 4 Adm. Rpt. 6-7-84 Des Moines. It is also recognized that intrusion of uses in one zone upon uses in another lighter zone may also result from effects reaching across boundary lines separating contiguous zones due to noise, smoke, equipment, open air activity or other features. To further accomplish the goal of compatibility, varying degrees of regulations are established for certain uses in the business, commercial and industrial classifications when such uses are contiguous to lighter zones . . . A further purpose of this title is to establish required minimum lot areas, yards and open spaces as a means of providing a suitable environment for living, business and industry, and to maintain reasonable population densities and reasonable intensities of land use, all for the general purpose of conserving public health, safety, morals, convenience and general welfare. 18.24.020 Permited uses. (B.C. Zone) (5) Enterprises providing entertainment and recreation; 18.24.030 Limitations on uses. (B.C.Zone) (9) Establishments . . . providing commercial recreational facilities (except commercial swimming pools) shall not be located closer than five hundred (500) feet to the exterior boundary property line of any school grounds, public park or playground; (13) If a building site has a boundary line which is a common line with R classified property, a wall or view -obscuring fence or hedge not less than five (5) feet nor more than six (6) feet in height shall be installed and maintained for screening purposes and controlling access. Where the wall of a building is on such common property line, no separate wall or fence need be installed along that portion of the common property line occupied by the wall of the building. . . ; 18.28.020 Permitted uses. (C.G. Zone) (1) Any use permitted in the B -N and B -C classification . . . (see 18.24.020 above). Limitations on permitted uses. Only 18.24.030 (13) applies to the General Commercial Zone. The specific citation is 18.28.030 (3). 18.32.030 Uses requiring a conditional use permit. (3) (G) Open-air theaters, 5 I 1 Adm. Rpt. 6-7-84 A conditional use permit is granted by the Board of Adjustment after evaluating potential adverse impacts. Such impacts can be mitigated through conditional approval. Permitted signs. (Chapter 18.42) No special limitations. 1. Temporary signs not exceeding 32 square feet in area, except as authorized through the granting of a Special Use Permit. Special Use Permits are limited to 2 per year for a 10 day period and may include pennants, banners and other devices of a carnival -like nature. 2. Downtown, if the theater is a single use structure, a 50 foot freestanding sign is permitted in addition to two square feet of sign area for each lineal foot of street frontage, up to a maximum of 150 square feet (building mounted signage). On SR 99 the ratio is 100 square feet of freestanding sign area to 3 square feet per lineal foot of street frontage to a maximum of 300 square feet total sign area. 3. Downtown, if a part of a multiple -tenant building, a portion of a freestanding sign may be used by the theater, or all of it with permission of the property owner, to a maximum of 100 square feet. The property manager divides up the building mounted sign area among tenants from a total allowable sign area, exclusive of freestanding signage, of two hundred and fifty (250) square feet. On SR 99, a freestanding sign may be wholly or partially used by a theater with a maximum of 120 square feet sign area. Total allowable sign area may not exceed three square feet per lineal foot of street frontage. 4. A theater in a multiple building complex, downtown, is permitted part or all of a freestanding sign a maximum of 100 square feet and are allowed building mounted (or painted) signage equivalent to one square foot of signage for each linear foot of wall frontage with a minimum of thirty-two square feet. On SR 99 a freestanding sign may be 200 square feet, though it is assumed that other uses would use the sign as well. Flushed mounted sign use permitted at one square foot of signage per lineal foot of wall frontage. 5. All signs must reflect the City's architectural theme of "Contemporary Northwest Nautical", particularly downtown. Parking Requirements. Theaters are required to provide one parking space for each three seats or if 6 Adm. Rpt. 6-7-84 fronting on a north south street, must setback 60 feet in lieu of the prescriptive requirement. Note: In effect, only the 60 foot setback would apply given the orientation of streets in the B.C. and C.G. zones potentially creating a severe parking problem. Design Review. Design review is required of all signage and new theater construction. 7 Adm. Rpt. 6-7-84 IV. IMPACT OF ADULT THEATER Appendix D is a summary of police activity in Des Moines related to the adult theater as stated in Part I of this report. Des Moines residents have time and time again expressed their concerns regarding the negative impact of the adult theater on adjacent commercial businesses on and nearby residential properties and on the City in general. Among the concerns expressed are the following: 1. Decreasing property values 2. Refusal to shop in an area in which an "adult" use exists 3. Deterioration of the district, including deferred maintenance 4. Parking and traffic problems 5. Attraction of transients 5. Interference with parental responsibilities for children 7. Increased crime This perception by the public, based on documented testimony at public hearings and letters to City Officials, is a legitimate impact on the community, regardless of the basis for this perception. This public perception has led to numerous business failures in the commercial areas near the Des Moines Theater. This is indicated by new business licenses being issued. Business turnovers around the theater is approximately four times the average in other comparable areas of downtown. Comparison blocks were chosen for study because of similar building and business development factors (i.e., all buildings with a zero side yard, similar retail shops, similar traffic orientation, etc). Appendix E is a compilation of business turnover in the area near the theater. The theater has clearly had these impacts on adjacent businesses: 1. Type: Marginal - often adult uses prior to 464 2. Deterioration: Existing or former businesses, according to public testimony; noticeably deteriorated. 3. High number of business turnovers. Additionally, according to the previously mentioned public testimony, non -adult businesses are being perceived as adult uses by the public. This "guilt by association" is probably a factor in the high 8 Adm. Rpt. 6-7-84 number of business failures near the theater. The citizen's desire to shop local businesses is vital to those businesses' survival. This perception, then, is creating a substantial negative impact on nearby businesses. The citizens also have a right to safety and security. A business that reasonably bears on a citizen's security or perception of security is a legitimate impact. Public testimony, staff studies and independent consultant studies all confirm the following findings: 1. The presence of the adult theater deters many people from shopping in the immediate area in particular and in downtown Des Moines in general resulting in serious negative economic impact. 2. Overwhelming public testimony and planning studies conclude that the downtown business area is severely deteriorated due, in part, to the adult movie theater. 3. The benefits of community investment in revitalization and future revitalization efforts may be nullified by the continued presence of the adult theater. The negative effect of adult businesses is also evidenced in other states and communities by their enormous effort and expense to rid themselves of or at least control adult businesses, including adult movie theaters. Some of these examples include: North Carolina's "single use law" which allows only one kind of "adult entertainment" in a building. Thus an adult movie theater may not sell adult books or an adult bookstore run automated peep shows. Also in North Carolina, no adult drive-ins may locate within 2,000 feet of residence or within viewing range of juvenile, and no adult films may be shown until after 11:00 p.m. In Detroit, Michigan, adult uses cannot locate within 1,300 feet of each other or within 500 feet of a residential area unless 51% of the local residents and businesses approve. In Prince Georges County, Maryland, adult uses are not allowed within 1,000 feet of school and within 500 feet of a church, and doors and windows of all adult enterprises must be blackened. Significant efforts in controlling adult theaters in Washington will be discussed in Section V. 9 Adm. Rpt. 6-7-84 V. SOLUTION Based upon the facts brought out in this report and the findings herein established, several conclusions and recommendations can be made regarding adult movie theaters in Des Moines. Basically, it has been established by the U. S. Supreme Court that every community has a right to protect its values. A 1973 U. S. Supreme Court decision recognized that legitimate community interests are at stake in protecting their values and that these interest may be applied through ordinances and regulations against adult movies and uses. Such interests include the interest of the public in the quality of life and the total community environment, ... and possibly the public safety itself. As has been seen in Section IV of this report, the negative impact has been found significant. There are' two basic questions (asked at public hearings) that must be addressed regarding adult uses. 1. Should adult businesses be allowed in the revitalization area, or relegated to other locations? 2. Should adult businesses which are allowed be grouped or dispersed? Through the data gathered in community impact studies produced in compliance with Ordinance No. 464 and through public testimony, it must be concluded that it is not in the community's interest to retain an adult movie theater in the downtown area of Des Moines. Findings have shown the following reasons to support this conclusion: 1. The public's perception of existing downtown Des Moines deters business investments, retail sales and building maintenance and improvements because of the presence of the theater. 2. Businesses locating near the theater have a failure or turnover rate approximately four times that of other businesses in other comparable downtown areas. 3. Economic viability of the downtown and community are negatively impacted by the theater and Revitalization efforts will probably fail to produce the desired improvement to the downtown business image overwhelmingly preceived by the public. Such revitalization efforts include renewal, beautification, image promotion, and attraction of new, viable retailing, professional and other compatible establishments. 4. Community goals include a revitalized downtown area that is attractive to pedestrian orientated business and family activities. 10 Adm. Rpt. 6-7-84 The tremendous effort and expense of the City toward improving the downtown is indicative of a large community commitment to the long range improvement of downtown. It has also been seen that other cities have spent a great deal of time, energy, effort and money in establishing ordinances to control adult uses, particularly adult theaters. Perhaps the effort of most interest in controlling the location of adult theaters is that of the City of Seattle. That City's zoning ordinances restricting adult theaters to a particular part of the City was upheld by the Washington Supreme Court in 1978 (See Appendix F) (Wash., 585 P.2d 1153 Oct. 19, 1989). The Court summarized this case by stating: The validity of zoning enactments requiring that adult motion picture theaters be located in certain downtown areas was upheld by the Superior Court, King County, Frank J. Eberharter, J., and theater operators appealed. The Supreme Court, Horowitz, J., held that: (1) the ordinance was fully adequate to give operators notice of regulated use, and they had no standing to challenge it for vagueness; (2) the operators had nostanding to assert First Amendment rights of others so as to challenge the ordinance for facila overbreadth; (3) the theaters failed to establish that the ordinance was impermissible prior restraint on protected First Amendment Speech, in view of a finding that the ordinance did not have any significant deterent effect on exhibition or viewing of such films; city's most important interest in regulating use of its property for commercial pur-poses was sufficient to justify such zoning regulation; (4) there was reasonable classification, no violation of equal protection, by the ordinance, and (5) the ordinance was reasonable, not denying due process of law, insofar as terminating all nonconforming theater uses within 90 days, in view of the fact that the theaters were not bound to show adult films as opposed to any other type of film and did not come forward with any clear evidence of economic harm." (Emphasis added). This zoning of the City of Seattle was the culmination of a long period of study and discussion of the problems of adult movie theaters in other areas of the City. Similarly, the City of Des Moines has had the opportunity, primarily through its Community Impact Ordinance, Revitalization Study and activities and public testimony to study and discuss and analyze at length the entire question of an adult movie theater in the central business district of the community. If, then, the City should not allow adult theaters in the downtown, where, 'if at all, should the City allow such a use? It is quite clear from the Seattle case and other city ordinances and court 11 Adm. Rpt. 6-7-84 findings that banning adult theaters altogether might be successfully challenged as an infringement of the U. S. Constitution's First Amendment. A major factor in the State of Washington's Supreme Court upholding the Seattle Ordinance was the fact that adult theaters were allowed in another part of the City. The only other commercial area in Des Moines in which any kind of movie theater would be compatible with other permitted uses is in the CG zone along Highway 99 (Pacific Highway South). An adult theater on Highway 99 would clearly have less of an impact than in the central business district. Highway 99 is less concentrated with much more parking available. In addition, over the years Des Moines Comprehensive Plan has distinguished between their two commercial areas. The downtown is perceived as a pedestrian and community -family oriented shopping service area. Because of higher speed limits, more traffic, and lower density, the 99 commercial strip, on the other hand, is seen as automobile oriented shopping of a more regional nature. The current Des Moines sign ordinance distinguishes between these two areas, and the Des Moines City Council is just now beginning discussion on a new zoning district for the downtown. In its Community Impact Statement, the theater claimed much of its clientele came from the City. The preponderance of administrative and public study and testimony refutes this. It is concluded that the "survey" referred to was either "flawed" or that the clientele changed drastically in the last 3 or 4 years to mostly out of town. Highway 99, from a pure business sense, is a better location for the owner of such a use. Public testimony regarding the theater also reflects the attitude that if adult theaters are to be allowed in Des Moines, they should be on Highway 99. If, then, the City's zoning code should be amended to allow motion pictures along Highway 99 and not allow them in the downtown area, should they be "concentrated" or dispersed along the highway? Chief of Police Martin Pratt, in his memo of 1-4 recommends that adult uses be dispersed. He feels that dispersed would greatly reduce the crime and patrol problem: "If the council decides to zone adult businesses to one geographical area of the City it is my opinion and recommendation that these adult businesses be dispersed rather than grouped together in one small area. ... it is my opinion that if the adult businesses are grouped together in one area, it will place a burden on the police services of the City and will have the potential for many volatile situations. As in the past, I can foresee not only police time being spent on handling numerous complaints at the location, but also many, many hours being spent in monitoring and/or watching these businesses because of the potential for 12 Adm. Rpt. 6-7-84 problems that are associated with these businesses. With regard to potential for volatile situations, 1 base my opinion on pat experiences and/or knowledges. Many times when adult businesses are located in very close proximity to each other, they develop a camaraderie which seems to "join forces" to try and help or protect each other by "obstructing", "hindering", "intruding" or "harrassing" police officers as they try to carry out their duties. Additionally, often times the customers of a business produce the same affect and/or actions mentioned when police are trying to perform their duties at an adjoining or relatively close location. Conversly, though, often times adult businesses develop an "adversary" posture toward other adult businesses rather than the "camaraderie" posture. If the "adversary" posture were to develop, I foresee a .far greater potential for more serious problems or situations occurring which would not only place more danger in existance for my officers, but also for citizens Who happen to be in the area at the time. Granted, dispersment will not negate police services to these businesses, but 1 feel our involvement would be at a lesser rate than if they were grouped together. Not only would the dispersal reduce crime potential, but should lessen its impact. By the same token, in order to safeguard family oriented activities, minimum distances should be established between adult theaters and such uses as churches, schools and public parks. 13 APPENDIX A Admissions - Des Moines Theater (Interpolated from Theater Revenue Reports) YEAR QUARTER ADMISSIONS 1974 4 1259 1975 1 985 1975 2 954 1975 3 1120 1975 4 2279 1976 1 3784 1976 2 4129 1976 3 4870 1976 4 3191 1977 1 3378 1977 2 3827 1977 3 3840 1977 4 3195 1978 1 3496 1978 2 3453 1978 3 3583 1978 4 3327 1979 1 3468 I 1979 2 3299 1978 3 3668 1979 4 3837 I 1980 1 5552 1980 2 4717 1980 3 5135 1980 4 4799 1981 1 5511 1981 2 4889 1981 3 4851 1981 4 5131 1982 1 5066 1982 2 4377 1982 3 4507 1982 4 4557 1983 1 4909 1983 2 5056 1983 3 4409 1983 4 4463 1984 1 5082 1 38 QTRS. 147,953 Total Admissions 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPENDIX 8 From City of Des Moines Community Opinion Survey March, 27, '1978 Questions 31, 32 and 33 Negative Comments: No. of Responses % 1. Airplane Noise 150 21.6 2. Condition of Streets/Sidewalks 127 18.3 3. Appearance of Business Establishments * 78 11.2 4. Apartments 68 9.8 5. Businesses Lack Variety 51 7.3 6. Traffic Congestion/Safety 45 6.5 7. X-rated Theater * 40 5.8 8. (Tie) Police Department 28 4.0 Dogs Running Loose 28 4.0 10. Rundown Housing 17 2.5 II. Metro Bus Service 12 1.7 12. (Tie) "Hippie Shops" * 8 1.2 (was a drug paraphernalia shop) Concorde 8 1.2 14. Local Government 7 1.0 15. Marina 6 0.9 16. Trees Obstructing Views 5 0.7 17. Postal Service 4 0.6 18. (Tie) Overhead Wiring 3. 0.4 Smell from Dump 3 0.4 20. (Tie) Administration of Water District #54 2 0.3 Mobile Homes 2 0.3 22. (Tie) Massage Parlors - Adult * 1 0.1 Newspaper 1 0.1 ' TOTALS 695 100.0% * Note total negative comments directly or indirectly related to adult uses - 18.3%. 1 RAN. Thorpe & Associates irlalkED Planning • Environmental Analysis • Economics Associates. Deborah Krouse, APA Kathryn Figon, ASLA June 7, 1984 Mr. Stan McNutt City Manager City of Des Moines Des Moines, WA RE: Independent Planning Consulting Report on Adult Uses in the City of Des'Moines Dear Mr. McNutt: At your request, we did an independent study for recommendations to the City Council concerning policy directions to be undertaken by the Council relative to adult uses within the City. As you and the Council are aware from our previous efforts on the Revitalization Study, we are familiar with the community, the citizens and the character of its business district. Our study set forth to look at adult uses and consider the following elements: 1. Zoning Study 2. Land Use Impacts 3. Impacts on the Revitalization Plan In order to do this we set forth the methodology with steps including the following elements: 1. Reobservation of current land uses within Des Moines, with particular attention to the revitalization area, existing land uses and the potential for additional adult uses within the Revitalization area. 2. Review of studies, reports, and technical documents on adult uses by various communities, professional organizations such as the American Planning Association, Trial Lawyers Association, City Manager's Association, etc. 3. Court cases and case studies on other communities experiences in providing areas for this use within their community while controlling the impacts on certain elements of the citizenry, particularly children. 4. Discussion with other city officials who have been involved in the reviews of this type of use within their communities. 5. A review of the record of the hearings by the City Council on this matter in Des Moines. 6. Site visits of areas that have adult theaters, bookstores, and similar uses in other suburban communities in Western Washington as well as downtown Seattle. Our efforts have been concentrated in the last couple of weeks to review these items listed above. However, it is complemented by my 8 years of off icing at 3rd and University at Seattle, whereby I have observed land use impacts of adult type uses on 1st, 2nd and 3rd Avenues near my office. And the impact on adjacent land uses,signage, street treatment, and the general character of the urban area. This effort was supplemented by a review of Seattle: 815 Seatue Tower • 3rd 6 Ursversicy • Seattle. WA 98101 • (206] 624.6239 c. „rA 5[13 • 1 1 1 0 Wesc Sixth Avenue • arscno,age. AK 99503 • (907) 276-6846 Mr. Stan McNutt June 7, 1984 Page Two locations such as Bremerton, Redmond, Renton, Northend Seattle, Aberdeen, etc., to ascertain the general character of land uses and the economic impacts of this type of use in any given area of a community. Following work efforts, a detailed report shall be provided the Council in the near future. However, some of the conclusions and observations may be appropriate. They are -as follows: 1. There appears to be a definite impact on adjacent uses by adult uses in the Revitalization Area of Des Moines. 2. In terms of Number 1, there are, in my opinion, identifiable impacts on the Entente, goals and long term objectives of the Des Moines Revitalization Study, which may be largely counter purposes. 3. In other communities, there has been an impact on adjacent land uses do to either a single adult use or a concentration of these uses occurring on adjacent properties, land uses and things such as deferred maintenance, and character of the area. 4. A review of the cases such as those involving the cities of Detroit, Boston, New Orleans, Los Angeles in other cases from a laymens stand— point, indicates than a number of communities have approached methods for addressing through the zoning code, or through other methods such as licensing, the need to provide for some locations to respond to the real or perceived demand for this type of use while controlling it, eliminating its exposure to areas that have children, such as parks, •schools, residences and other community activity. areas. 5. The standards utilized in dispersal of this type of activity by other communities appears to be an appropriate one and more successful than a concentration approach which appears more appropriate for a highly concentrated urbanized area, if at all. However, the distance standard be it 500, 1000, 1500, 2000 or whatever, is a policy decision that appropriately rests with the legislative body of the City of Des Moines. However, some communities are moving towards a 1500 foot standard and it may be just as appropriate as 1000 feet or any other standard. 6. It appears that the dispersal method eliminating two adult uses in any location, with a minimum distance between is the most effective and widely used method of providing some zoning control of these uses. 7. That the :area most appropriate in the City of Des Moines for these uses is not the Revitalization area (the business district) which is surrounded in close proximity by schools, residential areas, parks, playfields, etc., but rather Highway 99. This observation is supported not only for the reason of access of children but conversely for more easy access by potential users of these facilities from a state designated highway. Seattle: 815 Seattle Tower • 3r1:16 Ur,,veraity • 5eattfe. WA 98101 • (209)'92'4.9239 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Mr. Stan McNutt June 7, 1984 Page Three 8. It should be noted that this study is limited in its scope to those work items listed above. There was no review of economic data, vacancy rates, etc., of the area visited for an analysis of the im— pact, but rather just utilizing a real estate appraisers techniques1 to observe functional obsolesence, deferred maintenance, etc., in areas immediately adjacent to the study areas. 9. And the study's observations and conclusions are not based on moral or obscenity issues, that is they are specifically excluded from consideration, but rather the study focuses on impacts of land use, economic or urban design nature related to public health, safety and welfare. I hope this Memorandum is helpful to the Council as a status report of my study observations and conclusions. A full report will follow. RWT:mc Report writer is an appraiser (MAI) candidate as well as a certified planner. Seattle: 515 $eectfe Tower • 3rd & University • Seacere. WA 98101 • s2O6) 624.6239 APPENDEX C " ORDINANCE NO. 464 AM ORDINANCE OF THE CITY OF DES MOINES requiring a study of the impact certain types of business will have on the Des Moines commOnity if they are issued a license, authorizing denial of a business license on a finding of significant adverse community impact, and providing appellate procedures. WHEREAS. the City of Des Moines 1s primarily a residential community providing a labor force for nearby industrial areas; and, WHEREAS. the traditional orientation of the community. and that which is planned for the future, is for family commerce, recreation, education and worship; and businesses and activities which are not family oriented are inconsistent with the existing development and future plans for the Des Moines community, and may have an adverse impact upon the same; and, WHEREAS. such businesses have been found to appeal to special populations and often bring outside influences into the community which increase the crime rate and undermine the moral and social values of the family members; and, WHEREAS. existing businesses find that as the character of the commercial envirnnmaent changes. their business drops off, property values decrease and merchants serving the general community are forced to move out of the central business district, leaving it in a vacant and deteriorating condition; and. WHEREAS, businesses which are not family oriented. and which would contribute to this adverse situation, should be encouraged to locate in other communities where their patronage would be more probable and profitable, and where their impact would be more acceptable; now. therefore: THE CITY COUNCIL OF THE CITY OF DES MOINES DO ORDAIN AS FOLLOWS: Section 1. The City of Des Moines shall require a study and review of the probable impact on the community of any proposed business activity oriented towards serving or attracting a special population of customers. and not oriented toward activities reasonably related to the health. education and welfare of the family. Section 2. No business license or renewal of business license shall be .issued to any business which is determined by the City Manager to be oriented toward serving or Attracting a special population of customers. and not oriented towards activities reasonably related to the health, education and welfare of the family. until such proposed busines's-has first prepared and submitted to the City Manager a Community Impact Statement. as described in Section 3 below; provided that the following businesses shall be exempt from this requirement: (1) Businesses regulated and/or licensed by special legislation of the State or Federal Government. (2) Businesses which the City Manager determines would have an insignificant adverse impact on the cammunity, and which are not significantly inconsistent with the purposes of this Ordinance, as stated in the preamble hereof. Section 3. A Community Impact Statement shall contain, at a minimum. the following elements: (1) Detailed description of proposed business; names and addresses of all owners thereof; proposed location; description of building and facilities; description of merchandise or services to be sold; proposed hours of operation; profile of expected customers; projected market area; references to other similar business operations. (2) Analysis of existing business community within 300 feet of proposed location. including the following factors, at a minimum: a) Type of businesses; b) Profile of customers; c) Market area; d Economic growth/deterioration e) Property values: f) Proximity of residential neighborhoods; g Proximity of schools. churches and public facilities. Rage of 2 (3) Impact of proposed business upon the factors described in sub -paragraph 2 above. (4) Impact of proposed business upon the social environment of the Des Moines community. (5) Alternative locations for the proposed business; and/or alternative business for the proposed location. Section 4. A completed Community Impact Statement shall be filed by the applicant with the City Clerk. Copies of the same shall be distributed by the Clerk to all Council members. all City facilities. Secretary of the Highline School District, Secretary of the Des Moines Chamber of Commerce. and to any other parties requesting the same. The City Clerk may assess a charge for the cost of copying any statements issued to private parties. Within thirty days of the date the statement is filed with the Clerk, the City Manager shall either grant the business license. or shall call a hearing for the purpose of considering the same. At the conclusion of the hearing. and any continuances thereof. the City Manager shall either grant or deny the business ';reuse. entering written findings of fact supporting his decision should such decision be to deny the business license. It shall be valid grounds for denial of a business license if the City Manager finds that a proposed business will have a significant adverse impact upon the community and will be significantly inconsistent with the purposes of this Ordinance, as stated in the preamble hereof. The possibility of litigating measures shall be taken into account. If a denial is ruled, the applicant may appeal the decision to the City Council by filing an appeal request within ten days of the date of such written decision with the City Clerk. The Council must schedule a Public Hearing to consider the appeal no later than ninety days after the filing of the appeal request. After hearing the appeal. the decision of the Council shall be final. Section 5. All procedural elements of this Ordinance shall have retroactive as well as prospective application to any and all businesses that have not received a final and unconditional business license on the date of enactment hereof. The substantive elements of this ordinance are deemed to be necessary for the immediate protection of the public health. safety. and welfare. and shall also apply to said businesses. Section 6. If any provision of this Ordinance. or its application to any person or circumstances is held by a Court of competent jurisdiction to be invalid. the remainder of this Ordinance. or the application of the provision to other persons or circumstances, shall not be aftected and shall remain enforceable as originally enacted. April April PASSED BY the City Council of the City of Des Moines this 91.4 day of . 1979 and signed in authentication thereof this 9th day of • 1979. APPROVED AS TO FORM: ATTEST: Ci y Jerk Published: April 11_ 1429 CITY OF DES MOINES. BUSINESS LICENSE CHECKLIST Ord. 340.454, 460, 463 .. _ and 464 Name of Applicant Date ..Name of Business Location Description of Business Activity Review Checklist: (Please comment and initial) Zoning Planning Dept Building Code Eng. Dept. Parking Eng. Dept. Traffic Eng. Dept. Fire Fire Dept. Health .Health Dept. (if applicable) Police Police Ordinance #464 "Threshold" determination (check one) /7 Business is found to be oriented towards atti,vities reasonably related to the health, education and welfare of the family. (exempt from Ordinance #464) 177- Business is regulated and/or licensed by special legislation of the State or Federal government. (exempt from Ordinance ;464) /7 Business is found to have an insignificant adverse impact on the community and is not significantly inconsistent with the purposes of Ordinance #464. (exempt from Ordinance )464) /-7 Business is found to be oriented towards serving or attracting a special population of customers and not oriented towards activities reasonably related to the health, education and welfare of the family. (Community Impact Statement required) Ordinance #464 threshold determination made on date By: signature ' JA e tia61; PIA e THE "%I " CITY DES NINES, WASHINGTON, 91188 ORDINANCE NO. 464 HOW DOES THE CITIZEN PARTICIPATE? READ THE ORDINANCE. Copies are available at City Hall. The City will mail copies on request and provide copies when invited to give briefings at.group or community meetings. The City will be happy to explain any and all details of the Ordinance to all parties pro or con. UNDERSTAND THE ORDINANCE. Ordinance 464 does not address the morality of first and second party transactions in.iegTbusiness operations. The Ordinance is concerned with third party {innocent-nonconsenting) impacts only. AVOID THE FRUSTRATION OF UNPRODUCTIVE ACTIVITY. Anonymous letters, petitions and even political pressures are totally ineffective during the time a specific business license is being considered under Ordinance 464. All decisions must be made solely on the basis of the accumulated information as provided in the Ordinance. Confine your activities where possible to documenting the impact or potential impact to you or your family or business. When others are impacted, have them provide the information. PROVIDE SPECIFIC INFORMATION. If a hearing is called provide testimony as to how the proposed business would effect ,you. 1. What is your opinion of the business area or location? 2. Have you shopped there in the past? 3. Would you shop there if the proposed business license were granted? 4. Would the proposed business affect you in any other manner; that is your concept of this community, your social and recreational expectations, your feeling of security, and the like? If so, how? If you have been witness to something which might have a pro or con bearing on a Community Impact Statement, gather specific information. Write down all details such as dates, times, persons, places, situations and all other circumstances which have a bearing. Be sure your facts are truthful, accurately stated and opinions are represented as opinions. The City will advise you as to protection of privacy in cases where information may be personally delicate. HELP EDUCATE OTHERS AND URGE THEM TO HELP GATHER INFORMATION IF A HEARING I5 CALLED Ordinance 464 represents a relatively new approach to protection for family communities. If a hearing is called, participate! C►ry iMLL IObAN Sr. M11MCIAL mar SIAINi A 011111LXC mom a am. avT. " 11iN 11114 Afl. SS. MSS 11114 AYE. a0. VISO 11111 AYE. a0. INN usat Na. N. 111168 flaw SRAM Z7s4111 a194On aH-iNT 10E STS -INN APPENDIX D DES MOINES THEATER DATE TIME INCIDENT # CASE NUMBER SUMMARY 04-22-74 2302 Unfounded, subject attempted to get another to purchase liquor, subject agreed, taking money but never returning with liquor 08-07-74 74-0595 Obscene motion picture investigation 08-09-74 1350 Search warrant 08-26-75 2013 Normandy Park Police Department reported possible drug deal tonight, unable to determine if valid 03-13-76 1852 Fight, solved on arrival 05-17-76 2125 76-0597 Assault with a firearm case taken 05-20-76 2309 Follow up to 76-0597 07-01-76 0002 76-0786 Malicious Mischief 3rd 07-18-76 2119 Juvenile disturbance, gone on arrival 01-04-78 1737 Abandon vehicle found to be King County's stolen, no case, vehicle returned 11-02-79 0023 Intoxicated male, gone on arrival 11-04-79 2259 Woman screaming behind theater, solved on arrival 03-03-79 0930 #0818 79-0281 Theft 3rd 03-06-79 0004 #0849 Intoxicated subjects, solved on arrival 04-22-79 2133 #1430 79-0481 Minor in possession of alcohol, one cited 11-22-79 0853 #4968 79-1670 Commercial burglary case taken 11-22-79 2007 #4978 79-1670 Follow up to above case. 1 1 APPENDIX E Page One I BUSINESS ACTIVITY. SINCE 1973 22300 Block - West Side of Marine View Drive I ADDRESS YEAR NAME OF BUSINESS 22303 1973 Grocery Store 1974 Empire Marine Service* I 1980 Fo C'sle Inc. 1981 D'Andrea's* I 22307 1978 1981 Des Moines News Office Millheisler & Johnson* 1981 Parker Typing Service 1982 Des Moines Secretarial Service* I22311 1973 College Typewriter Shop* I 22315 1973 1975 Des Moines Furniture Des Moines Stereo Center 1978 La Lanterna Italian Rest. 1981 Martin's Manor House Rest. I 22317 1973 End of the Trail Antiques 1 22319 1973 Circuit Rider Book Store* 22325 1973 Glen L. Brown & Sons 1980 Foreign Bird International 1981 The Clothes Menagerie 1982 Your Square Dance Shop* W & W 2nd Hand Shop I 22331 1973 Des Moines Theater* I 22333 1973 1973 Dr. Larry Siemon Hank's Barber Shop 1974 Earl's Barber Shop 1975 Raine's World of Coins 1976 Des Moines Camera & Sound 1978 Rebound Records 1982 Happy Thoughts T -Shirts 1 1983 Intersound* 22341 1973 Des Moines Texaco* I 1 * Business is still in operation. 1 1 APPENDIX E Page Two 1 BUSINESS ACTIVITY SINCE 1973 ii 22500 Block - West Side of Marine View Drive 1 ADDRESS YEAR NAME OF BUSINESS 22501 1973 Ranch House Meats (Same Business) 1975 B & E Meats* (Same Business) I 22507 1973 Dale's Appliance 1978 Alix's Sporting Goods* 1 22509 1976 Des Moines Auto Parts 1 22515 1973 1975 C. 3.'s Pizza Alix's Sporting Goods (Expansion) 22517 1973 Des Moines Realty* 22513 1973 Snure & Gorham (Name Change) 1973 H. B. Hunting* I 1973 Creative Candlecraft 1973 Baker Mfg. 1974 Jack Kniskern* I1980 Snure & Fleck* 22519 1973 U -Do -Em Laundormat* I 2251911 1973 Daro Industries 1974 J. C. Mfg. Co. * 1 22525 1973 1973 Dr. Menashe* Dr. Wylie 1973 Dr. Gerla 1980 Dr. Wilson* 22531 1978 Moby Doug's Seafood* 1 * Business is still in operation. 1 1 1 APPENDEX F NORTHEND CINEMA, INC. v. CITY OF SEATTLE Wash. 1153 Cite as, Wash., 585 P.2d 1 t53 90 Wash.2d 709 NORTHEND CINEMA, INC., and A. M. Mushkin, Appellants, v. CITY OF SEATTLE, a Municipal Corporation, Respondent. GAIETY THEATERS, INC., a Wash- ington Corporation, Appellants, v. CITY OF SEATTLE, a Municipal Corporation, Respondent. APPLE THEATER INC., a Washington Corporation, Appellants, v. CITY OF SEATTLE, a Municipal Corporation, Respondent. No. 45I56. Supreme Court of Washington, En Banc. Oct. 19, 1978 The validity of zoning enactments re- quiring that adult motion picture theaters be located in certain downtown areas was upheld by the Superior Court, King County, Frank J Eberharter, J , and theater opera- tors appealed. The Supreme Court, Horow- itz, J , held that: (1) the ordinance was fully adequate to give operators notice of regulated use, and they had no standing to challenge it for vagueness; (2) the opera- tors had no standing to assert First Amend- ment rights of others so as to challenge the ordinance for facial overbreadth; (3) the theaters filed to establish that the ordi- nance was impermissible prior restraint on protected First Amendment speech, in view of a finding that the ordinance did not have any significant deterrent effect on exhibi- tion or viewing of such films; city's most important interest in regulating use of its Property for commercial purposes was suffi- cient to justify such zoning regulation; (4) there was reasonable classification, not vio- lative.of equal protection, by the ordinance, and (5) the ordinance was reasonable, not denying due process of law, insofar as ter - 513 er-5 . P 2d. ,, urinating all nonconforming theater uses within 90 days, in view of the fact that the theaters were not bound to show adult films as opposed to any other type of film and did not come forward with any clear evidence of economic harm. Temporary injunction dissolved, and judgment affirmed. 1. Municipal Corporations t=121 In action for declaratory judgment, brought to challenge constitutionality of or- dinances which required all adult motion picture theaters to be located in certain downtown areas, trial court's refusal to en- ter plaintiff theaters' proposed findings was not error where the same were either un- supported by the record or were not related to ultimate facts concerning material issue. 2. Constitutional Law c18 It was not necessary to construe provi- sions oC State Constitution identically with corresponding provisions of Federal Consti- tution, but, where appropriate, court would apply general rule that language in State Constitution be given same interpretation as that given federal constitutional provi- sion by the United States Supreme Court. U.S.C.A.Const. Amends. 1, 5, 14. 3. Municipal Corporations e'594(2) City ordinance definition oC adult thea- ter use, being identical in all relevant re- spects to definition upheld by United States Supreme Court, was fully adequate to give notice of regulated use, and complaining theaters which showed adu3t films almost exclusively and claimed no desire to show any other type of film had no standing to challenge ordinance for vagueness. U.S.C. A Const. Amends. 1, 5, 14. 4. Constitutional Law X42.2(1) Special rule giving standing to one whose own rights are not violated to chal- lenge ordinance for overbreadth applies only if deterrent effect of ordinance on protected First Amendment speech is both real and substantial and if ordinance is not easily susceptible to narrowing construc- tion. U.S.C.A.Const. Amend. 1. 1154 Wash. 585 PACIFIC REPORTER, 2d SERIES 5. Municipal Corporations x121 Theaters showing adult films had no standing to assert First Amendment rights of others, to challenge city ordinance for official overbreadth, where ordinance, which required location of such theaters in certain downtown areas, was found by trial court not to have any significant deterrent effect on exhibition or viewing of adult motion picture films and where any lan- guage in ordinance which was uncertain was readily subject to narrowing and con- stitutionally sound construction. U.S.C.A. Const. Amend. 1. 6. Constitutional Law e=90.1(6) Theaters showing adult films failed to establish that city ordinance restricting lo- cation of adult motion picture theaters to certain downtown areas was impermissible prior restraint on protected First Amend- ment speech, in view of finding that ordi- nance did not have any significant deter- rent effect on exhibition or viewing of such films; city's most important interest in reg- ulating use of its property for commercial purposes was sufficient to justify such zon- ing regulation. U.S.C.A.Const. Amend. 1. 7. Constitutional Law x240(4) In view of fact that city ordinance reg- ulated only place where adult films could be shown and in view of city's great interest in protecting and preser i . quality of its neighborhoods throe• h effective land -use planning, there was reasonable classifica- tion, not violative of equal protection, by ordinance which required adult motion pic- ture theaters to be located in certain down- town areas. U.S.C.A.Const. Amends. 1, 14. 8. Municipal Corporations ''43, 63.1(2) City's planning efforts must be accord- ed sufficient degree of flexibility for exper- imentation and innovation, and court can - mot substitute its judgment of what would be most effective method of regulation in such regard. 9. Municipal Corporations es594(1) City's power to regulate location of adult movie theaters was not dependent in any way on existence of possible waiver for existing theater locations, nor was there any showing that operators of existing the- aters were constitutionally entitled to ex- emptions from zoning restriction in case before the court, and thus no constitutional deficiency in such regard was shown. U.S_ C.A.Const. Amends. 1, 19. 10. Zoning a23I Calculation of reasonable termination period for zoning purposes depends upon facts and circumstances of particular case, and equal protection analysis does not ap- ply. U.S.C.A.Const. Amend. 14. 11. Constitutional Law X296(2) Ordinance requiring that adult motion picture theaters be located in certain down- town areas was reasonable, not denying due process of law, insofar as terminating all nonconforming theater uses within 90 days, in view of fact that theaters were not hound to show adult films as opposed to any other type of film and did not come forward with any clear evidence of economic harm. U.S.C.A.Const. Amends. 1, 5, 14. Victor V. Hoff, Charles S. Stixrud, Seat- tle, for appellants. Dona M. Cloud, Asst. Corp. Counsel, Seat- tle, for respondent. HOROWITZ, Justice. The issues raised here involve the validity of two Seattle city zoning ordinances which have the effect of"` �`irj� a adui 't-iito•- nBnC ''t1L g..tttE�t ti.,i-.... f�rl:7 R*+t' areasr„ and^, a ing i theater: uses' withi 90 days: The three Seattle theaters prohibited from showing their normal adult fare at their present locations by these ordinances challenge the constitutionality of the zoning enactments in this declaratory judgment action. The court below heard extensive testimony at trial and upheld the validity of the City's action. We affirm. The amendments to the City's zoning code which are at issue here are the culmi- nation of a long period of study and alacus=' • NORTHEND CINEMA, INC. v. CITY OF SEATTLE wash. 1155 Cite as, Wash. 585 P.2d 1153 apt , i ,, 2 a timo.Yal trat041a with parerit44'reap931.ill ties.for;'F .* Following e + �r' The Planning Commission subse- locai'�resident protests against the opening quently voted to recommend that the City of such a theater in the Greenwood district, zoning code be amended to confine adult the City's Department of Community De- theaters to downtown areas and phase out velopment made a study of the need for nonconforming uses. The Commission op - zoning controls of adult theaters at the posed any conditional use plan for other request of both the City Planning Commit- zones. tee and the City Council Committee on Planning and Urban Development. The study analyzed the City's zoning scheme, comprehensive plan, and land uses around existing adult motion picture theaters. Of the 46 motion picture theaters operating within the City, 13 showed adult motion pictures exclusively, or almost exclusively. Ten of those 13 were located in downtown areas where such uses are now permitted by the challenged ordinances. The other three, the Ridgemont, the Northend, and the Ap- ple Theater, are in areas outside the desig- nated zones which are characterized by resi- dential uses. These three theaters show "x -rated" films almost exclusively and dis- play advertisements indicating the nature of the films on the theater marquees or fronts) The Department's study concluded that zoning action should be taken to con- fine adult motion picture theaters to down- town Seattle, and recommended that a con- ditional use approach be adopted for adult theaters in other areas. The Department's study and recommen- dation were taken up by the City Planning Commission, which held public meetings and a joint public hearing with the City Council Committee on the subject. At the public hearing Greenwood residents spoke of their concerns regarding the deteriora- tion of residential neighborhoods that ac- companies location of adult movie theaters. The concerns expressed were very specific and included _the at on: •of lJansienta 'p o?ieznst_.me_reatsed crime; decreasing., property values; and in- 1. The trial court found: Films rated "X" are identified in the Code of Self Regulation of the Motion Picture Association of America as "pic- tures submitted to the Code and Rating Admin- istration which are rated X because of .the treatment of sex. violence. crime or pro- fanity," The neighborhoods in which the three appellant theaters are located have a dis- tinctly residential charact e reenwood community, in which the Northend and Ridgemont are located, has been the subject of major development plans for years. Millions of dollars of de- velopment funds have been invested to im- prove the quality and conditions of the com- munity. Ongoing projects include im- proved sidewalks, lighting, and traffic con- trol, and a new shopping mall. The First Hill Community, in which the Apple Thea- ter is located, has not been the subject of such elaborate development plans, but has received substantial funds for neighborhood improvement and is designated a residential J area in the City's long range plans. In short, tfi oi1T'o� t)h � i ' zoning e e, 1$: an�cp�u Y�� �,,,l�?t '.niai•�Iitekiri��tis�peigh'� btirhoo s, as specifically found by the court below. A seoogd and related goal, the court found, was to r w� h'Ide from• iricreas as laisios;: ien- • sive anci,de�tumantzan hfluence Cre ted•bv- .aw•-`.car,.•. -•2,c< wsa:{3-a tl!IeSLEr`Srdroa,•o....Yrw• loeatioi , of admit movie in residen- tial areas. These goals are an integral part of the City's long-range land -use planning effort. Thus In May and June of 1976 the Seattle City Council amended the Zoning Ordinance with Ordinance 105565, enacted on May 28 and effective on or about June 27, 1976, and The advertisements generated by these thea- ters and the displays on their marquees and fronts indicate the film fare therein is sexually - explicit and exploits a market for the shocking and bizarre sexual experience. The films are one sequence of explicit sexual activity after another. almost completely uninterrupted by any plot. 1156 Wash. 585 PACIFIC REPORTER, 2d SERIES Ordinance 105584, enacted June 7 and ef- fective on or about July 7, 1976. The com- bined effect of the ordinances is to y-• .i '� .fit U Yi s 1, �•� F i ,t eaif>.tad1�ty t anarea comprising t e permitted zones is approximately 250 acres_ No provision is made in the ordinances for conditional uses in other zones. [1] At the trial on appellant theaters' declaratory judgment action the court heard extensive testimony regarding the 'history and purpose of these ordinances.2 It heard expert testimony on the adverse effects of the presence of adult motion pic- ture theaters on neighborhood children and community improvement efforts. The court's detailed findings, which include a finding that the location of adult theaters has a harmful effect on the area and con- tribute to neighborhood blight, are sup- ported by substantial evidence in the rec- ord. Its refusal to enter appellant Apple Theater's proposed findings was not error, as these were either unsupported by the record, or not related to ultimate facts con- cerning a material issue. In re Kennedy, 80 Wash.2d 222, 492 P.2d 1364 (1972) The central question raised is whether, in view of these facts, the action of the City in creating the adult motion picture theater use and confining that use to certain zones within the downtown area is constitutional. A second question is whether the City may constitutionally impose a 90 -day termina- tion period on nonconforming uses. We answer both questions affirmatively, for the reasons discussed hereafter. We turn first to the constitutionality of the creation and confinement of the adult motion pic- ture theater use. 2. In view of the extensive record developed at the trial of the City's planning studies. meet- ings and hearings, we find the City has fully sustained its burden of demonstrating the con- ditions and need for its zoning action. Appel - Appellants make three constitutional ar- guments against the Seattle zoning provi- sions. First, they claim the definition of an adult motion picture theater is so vague as to deny them due process of law. Second, they claim the confinement of such theaters to designated zones is an impermissible pri- or restraint on protected First Amendment speech. Third, they argue the classification of theaters based on the content of the films shown there violates First Amend- ment and equal protection guarantees. [2] In response to these contentions we find the decision of the 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976) (hereinafter referred to as Young) dispositive. In that case the court approved the creation and definition of an adult theater zoning use identical in all relevant respects to the Seattle zoning use. It also approved regulation of location for that use. Although appellants argue the Seattle ordinance differs from the De- troit ordinance, those differences do not have constitutional significance, as dis- cussed below. We need not, of course, con- strue the provisions of our, state constitu- tion identically with the corresponding pro- visions of the federal constitution. Darrin v Gould, 85 Wash.2d 859, 868, 540 P.2d 882 (1975). In this case, however, we find the reasoning of Young persuasive. It ac- knowledges and accommodates the impor- tant interest of the state in exercising its police power to protect city neighborhoods against degradation, while preserving the democratic principles the constitutional pro- visions were designed to protect. We therefore find it appropriate to apply the general rule that language in our state con- stitution will be given the same interpreta- tion as that given the federal constitutional provision by the United States Supreme lant Apple Theater's objection to the record in this regard is unfounded. See Parkn'dge v. Seattle, 89 Wash.2d 454. 573 P.2d 359 (1978). See also Abbenhaus v Yakima, 89 Wash.2d 855, 576 P.2d 888 (1978). NORTHEND CINEMA, IN Cite as, Wash., t. See Housing Authority v. Sayfors, Vash.2d 732, 739, 557 P.2d 321 (1976). Vagueness J Appellants' first argument is that definition of Adult Motion Picture The - (set out in the margin 3) is so vague as eny them due process of law. They do attack the included definitions of "Spec - 1 Sexual Activities" or "Specified Ana- ical Areas," but argue they are not ade- :ely informed Of (1) how much "depict - describing, or relating" to the specified is is necessary before a film is "distin- hed or characterized by an emphasis" 'eon; (2) what "depicting, describing or ting to" means; or (3) how frequently films must be shown before a building used" for the purpose. !e note at the outset that the definition dult theater use contained in the Seattle nance is identical in all relevant re- :ts to the definition upheld in Young.4 thermore, as in Young, the complaining aters show adult films almost exclusive - They do not claim they desire to show other type of film. Therefore, the ordi- .ce is fully adequate to give them notice C. v. CITY OF SEATTLE Wash. 1157 585 P.2d 1153 of the regulated use, and they have no standing to challenge it for vagueness. Young, supra, 427 U.S. at 59, 96 S.Ct. 2440. [4, 5] Nor do appellants have standing to assert the First Amendment rights of others and challenge the ordinance for fa- cial overbreadth. The special rule giving standing to one whose own rights are not violated to challenge an ordinance for over - breadth applies only if the ordinance's de- terrent effect on protected First Amend- ment speech is "both real and substantial" and the ordinance is not easily susceptible to a narrowing construction. Erznoznik v. Jacksonville, 422 U.S. 205, 216, 95 S.Ct. 2268, 45 L.Ed.2d 125 (1975). We are not persuaded those elements are present here. First, there is no evidence that the effect of this ordinance will be a substantial deter- rence to protected First Amendment st ech. Ordinance 105565 Definition of Adult Motion icture Theater (§ I) "An enclosed building used for presenting motion picture films distinguished or charac- tenzed by an emphasis on matter depicting, describing or relating to 'Specified Sexual Activities' or 'Specified Anatomical Areas'. as hereinafter defined, for observation by pa- trons therein: "'Specified Sexual Activities'' "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, pubic region, buttock or fe- male breast. "'Specified Anatomical Areas' " "1. Less than completely and opaquely covered: "(a) human genitals. pubic region. (b) but- tock. and (c) female breast below a point immediately above the top of the areola, and "2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered." Adult Motion Picture Theater : � 1� :rt s 't �dwaf f•... or sign' lcantIy In• 1~i�lf��leiNers 2rom gaffing access to the films. The court be- low specifically found the ordinance does not have any "significant deterrent effect on the exhibition or viewing of adult mo- tion picture films.' Second, any language "'An enclosed building with a capacity of, 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to 'Specified Sexual Activities' or 'Specified Ana- tomical Areas.' (as defined below) for observa- tion by patrons therein. "For the purpose of this Section, 'Specified Sexual Activities' is defined as: "1 Human Genitals in a state of sexual stimulation or "2. Acts of human masturbation, sexual in- tercourse or sodomy "3. Fondling or other erotic touching of hu- man genitals. pubic region. buttock or female breast. "And 'Specified Anatomical Areas' is defined as. "1, Less than completely and opaquely cov- ered. (a) human genitals, pubic region, (b) but- tock, and (c) female breast below a point imme- diately above the top of the areola; and "2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered." 5. Since we hold the ordinance does not place a substantial burden on First Amendment 1158 Wash. 585 PACIFIC REPORTER, 2d SERIES in the ordinance which is uncertain is readi- 1subject to a narrowing and constitution- ally sound construction. These conclusions accord with those of the court in Young under substantially identical circumstances. Appellants' due process claim must there- fore be dismissed for lack of standing B. Prior Restraint [6] Appellants next argue the ordinance is an impermissible prior restraint on pro- tected First Amendment speech because it prohibits the screening of nonobscene films tl e., protected speech) outside the desig- nated zones. As pointed out above, appellants make no showing that the market for distribution and exhibition of these films is in fact re - strained under the ordinance. .S ��rx VVt?i7 + • • 'a i e= t3 seethe il2I c021I • ptgtth•-•714.1*«w:n.,•••••,•••••-• �•oYyi,,,4, , ,:-:-. I a.;_ f� f 'do nt09vft ar �9i t}ISS j$.-. no; ev,Ide{iiee�,t�iatnS places• any'iurten on', • the adult movie market. Under these circumstances, where there is no restraining effect on the marl.et, and no substantial deterrent effect on individual rights of free speech, the City's most impor- tant interest in regulating use of its proper- ty for commercial purposes is clearly suffi- cient to justif} the zoning regulation here. We' conclude the zoning regulation of loca- tion of adult -movie theaters is a reasonable regulation'of' place• for• First Amendment speech which does not violate First Amend- ment freedoms. See Young, 427 U S. at page 63, 96 S.Ct. 2440 The different treat- ment accorded adult moi is theaters as dis- tinguished from other types of movie thea- ters is a different issue, which we discuss nex t. speech, no presumption of unconstitutionality is raised. Appellants' argument the ordinance is presumptively invalid roust therefore he re• jetted. Nor roust the Citv choose the least restrictive altrrn.nive available to acrompli<-h its purpose as alleged to appellants. since there is no substantial burden an free spcei_h. 6. Four of the justices in Young reasoned that society has less interest in protecting sexually C. Classification based on Content [7] The final objection made to the con- stitutionality of the zoning scheme is that it classifies theaters on the basis of the con- tent of the films shown, and treats adult movie theaters differently from other thea- ters showing films protected by the First. Amendment. This, appellants claim, vio- lates both the First Amendment and equal protection guarantees. The United States Supreme Court, con- sidering this argument in Young, departed from traditional First Amendment jurispru- dence and upheld both the classification of films based on sexually explicit content and the different treatment accorded the thea- ters showing them. The majority in Young did not reach agreement on a rationale for this result, but two elements appear to have been dispositive. We find those elements present here, and are persuaded the Seattle scheme does not deny or infringe on the rights of free speech and equal protection. The�fii t',.eIemen't.`4s `t}iat the' 'oiddi nee ;,�'• �, ..1Nw,-rC•n+.:s.-a, A4ii,-A2-;; Dfs�•. 11Mw+'r�4r , hak•onfy. a, ;aright and- neutralt'effect on protected speech.' No real restraint or de- terrent effect is evident. The ordinance regulates only the place where these films can be shown. It demonstrates a reasona- ble decision that the public welfare is best served by having this particular type of speech take place only in certain areas of the community The ordinance thus rE- mains neutral regarding the content of the films—it neither approves nor disappro.es of that content, and neither promotes nor inhih is exhibition of the films.' The second element is the City's great interest' in protecting and Preserving the.' quality`of its";neighborhoods through effec- tive land -use planning. The record demon- explicit expression than other types of protect ed speech. This reasoning is not essential to the result reached. and we do not adopt it as the basis for the result reached here. We note moreover, that our decision is confined in its effect to regulation h> zoning of sexu;dly eN plicit speech in films under the particular cir- cumstances of this case. ,,o.rn 1 I11:,N tr t l,•rl'. 111, I;\t. s till Oh M..,..1.1.1 IA. C llv., ti• µash.• 11,,,15111.2d 11.'>1 trat,'s the ('I , ,Irtt.r' and sti .un,'e{ el- 'sting th(•.itcr locations. III( illtroll %tan - fort to t rlhante ant! improte "he IruaL1', of cr i)rnt is ion likt u:s,' pia1'• 1 no part cl the ! l.' Irl Jc'atL1(' imnln{; is an t•t, trl'rnt,1 ern- reasoning of ;hl• major'', t in }'ourig Nor 1s 11',rtant tool f':r ,loh '.ine !ant).-u•t. wid s in there :int ,11f/v/ Ire the appellants, 11!t• con. ti- tl : l lliilt('ipalitl So. 4-`1i:a:,)1• o, ii',./i(. !'lire lilt lnrl:Illt entitled to e•\C'nip:I<!ns frurrt the 1 Bor,,s, 416 t` s. 1, fl•i ('I 1 ilii', 39 zoning restriction in :Ids part.'c1:1Ir c'a.•e i..r.d._'I! 797 (197-11 Thu,, 'tht '',1.,', Inter- Appellant:; tht referc fall to show in con- es:, Ir, attempt ng to 1)r1ser.,,' ih,' ,{uauty of st.ilutu)nal Ii(:iiiiuncl in Lins regard. t.I.1,.. 1 IIIc' Is one :h.iL mus - n- J'•U rlit_r Jl We conclude the City's paramount inter- ri'sI)crt 1 •,un��,.;u.,r.l •i_', I ,l .a 71, 9h•,��, ...; . t t..,L 2-1:),j est, in protecting:`ii serving, and improving tRe character aril q ality'6f' its'r'r"esideAlla! ' W `•ern rhas e 'of' �: ize tf}at ihc' ur�rcrs the,,. - t! nelg�(�'ior�oods, is s'u`fficient'"Co'"justifv— t•�is ord'tn �� is not to late the.eon4 is iiia i , ise .,..., i io " ,„ '". „...••"".04,-,"S" ces4 Mr. t rwnC�i9Crimin:it.ory oriln talion o}�thc• %silti�•'i.JM 0(}',Y y`ur tYii.yl.Cur_- sgeeck: ,_Contra to the assetr ons• t, Ppntmon of dul71 mo3_e` .fietf rs. 4t find apellsh�s;'ttte brclinance�isr n a •s is >.., qq--' viola:::,n •� T. .w::k; �tFc ..•isrw � oi'-:.• no vlol;/l,'�In O dist A�rnunlimcnt or olust forrneo cen rstu a ++ �3.� lite• TfLOrU.,ltirCtICtC;' protection g'u,lr:lntt'<•s WI < e ittror( re in- the;.F'offectsu..of . aclt°""'' n» � `-t ia:, ;; «'v therefure turn to the final a.;'lt mii rnowe t ie{(te ,+hath s n err i�ienira ' F... �t�x.�u, V -•*k,• r.,�9 Mord i - nresenterl the tun;lttutionalll}' of the !lr<1- nC1�r14UrhO�S.a1L e�al�CriC4"IS more ''ran'-, X34'^" " n *nrt.n---t...{ 1. Islnn for termination of nonconforming as to.support' the find ow, that uses \%nine `90 days 'lie Che'orilmance.ls. to"•preserve:-t1ie"', ' ,, alrrrn ,.r' wFw,. � _.rr charx9t r anC'tittali o rest conal lite In—. th6 CitX ._.......,, 11 '.\ isll. 1150 The PI-o:1{){)e!Jsnts enntcr(1 the 9u-daytt.rrr.irt - rt'c of m< thnr: i'tr locating tion 11ro\ ision denies than. '_<{u;a/ pro:cell:)n adult r.;;,'.l e—t.hcator', tilai :.9 to conc•1•utr;l:( no other n'Inc,)nf{Ir•n;mg :ase :rust lit Creel in the :imus ')i ' 1't C'!t). ra i;- tr :h11 lh{-err 'heel I.(; (?ul t11/ 1ltlruu i, •-minatet: in ,11,•11a ';hurt {n ipnil .ire' de- nnlir..lnce), rut 'll _r)rt';Utul:'1r,.,1 l!ii_ ries tht:n due ,)roars 11_, rr,,Liege an t-rl1- cantl •.om1c' hardship out telfhlai :he 1)ui,{ r h' ,•-.<• t rt,' I,.t•mini; I'''11' nlu;t In: •, tlit to 1„ Via -,nota ter-1mmn.tl ti; :r'sr,1r'1 .1 1111. ell tit Ill u -ret, " 1,, 'or rinl' 1,/..,,I/n ,r''1 ,nnll\,tIion1� ' It}, i � �,\ re e.:r: to 'ht• equal prole( •Ion i`,un -,Int:. ,o. 71, , 9111 ti('t 2-;-1•1 %Vt. .1rgllnit It, .i 1)(llsnts fail to shot', the,. are lett ;ui'rt1t,11, '1» _tdizn,t•II of .th.tt eimll:u'I1 situaltl1 '.lith nth/ : !lunc'rtnforn;- ,L.i,{ :,t• Ch1 niI:! <!'t•I;I,I ;n1'h1,I1 o• reg- u,is a cr This Is {):ertu'ularl', e'.Ider:1 1 - 11 :tun In tel r(e:,:- It u, i also 1111 c:'asa :he valtulat: n of .l r ,lsl'wine it.rmi- nI tc'! :ha: :The m::J,.r-;t, in . ,,:,n� Itccii r•c,i- nn :u, r. is ru„J a< <{�,;,;�<(••} ht lltt, <i'_utml� appro., Jr: Lh< r 'itch rat!nn tilt 100,i on tet latter and circ unls::ince~ ,If the par -- Young, -ur)r:, :-_ h? 71, '-ori ( '21.10 t1tul: r las' timet t.!<hells(' mina !s. deter_ t, -.,>- 1{„ .t ,� 1 /Toned ' r 115 n'.1 n !11h rats, i ht lay 11:l, itroit.t - y r ,a+l 11 fila a1 L)t•trgrt , ni!n.1nn I:11h1 ;.I 1 i ,I;r .r1;1/1lain :1naltsls c„(s tint a :rut cJcl'l alt ,'. i:11' ,1. ,1 este :,; Ute ,):-Ile- [I11 lar ;C•',;frt. t 11.u•ll», :it 1i'(,h._^Ii rantr erste!111 n '(} ut th. ;'•:I(tic nett 511, 3-12 P 2! 602 (1959) trt1 court reec1}'- n,ir ;'r: rlr,t•, not 1 ).:1' eun12111 -Inrt 111.0 11 r•Ir(2r! Cat. 1)0u ('.r of a n mood}: iii:t to requirt. lir,' rr, ' hi lot ni III^ of adult t(.'rnllnat1 'll U nnthin f nC'<in 1',Cnllnl; lite, a 11 I1 a nue, •< t tee.;ttrs is 0 '- ,it::It rtit_n: In an,, rc:Ison.t!i c ! oriod of tune t{ r adol>teti ten the (..\ is:( n,'t.i ,lt „'s 'dee -a a! -t r ittr (\- h:llancule test to /1e1(.1 -1111n( the r the c ILt .IIS„ a•>.,rt ar won. put t•trun, 2211., 45 1 F.,! 2,1 125 1111751 1,1e r/ ./2.n1, :1, 't 1,0111, own L'Ol '1 'tar• hcttle•','. r't,11 111( tial:•,,/1l.,.' /)1••-,: ,/1 11„1111,(•,1 T I-,: ; 1'1-r-,• r :,1n0!• ,t•I n: r ,111;1.1 i1 ,, r-1.1i1111l.1 are fie,tnl t•le•Incn! In tie(onr,Irnc,/ the low ha _rd on ('r , .,I'lr, i 't •j'•1•r-1 1: Sr,',nnU tt.111(. tt1 .1rb,ul i e5:.1.• ;bit t' .!•'< r, ,r,r, rhe q-1 t 1, 211- 'r i C L II';dl nCt,L•f'hnrhur ,l;. • 1160 Wash. 585 PACIFIC REPORTER, 2d SERIES ness of the termination period, that is, whether the harm or hardship to the user outweighs the benefit to the public to be gained from termination of the use. Seat- tle v. Martin, supra at 544, 342 P.2d 602. As pointed out above, this test is applied on a case-by-case basis, looking to the circum- stances of each nonconforming user. Ap- plying this test to each of the appellants here, we conclude the 90 -day termination period is not unreasonable and does not deny appellants due process of law. Northend Cinema, Inc. has the license to operate the Northend Theater. The evi- dence at trial showed the owner and lessor of the building is an officer of the corpora- tion. >• s"xes. ere ore, or en. is not sound by any lease obligation to remain at its present location. NOr is it bound by its lease or its license to show adult films as opposed to any other type of film. Fur- thermore, whatever costs it has expended for improvements to the building or neces- sary equipment have either been completely recovered through depreciation or were con- templated to be left as property of the lessor. Gaiety Theaters, Inc., operator of the Ridgemont Theater, is similarly situated. Its lease is the individual obligation of its president, and does not bind the corporation to remain at its present location. It is not bound by its lease or its license to show adult films. Furthermore, it has expended no funds on physical improvements. Apple Theater, Inc., is the lessee and op- erator of the Apple Theater. Apple entered into a new 3 -year lease just prior to adoption of the ordinance, and while public hearings were being held on the proposal. It is not obligated by its lease, or by its license, to show adult films. Furthermore, all costs it has expended in improvements to the building or necessary equipment have either been recovered through depreciation or were contemplated to be left as property of the lessor. In the face of these facts, the court below found appellants had not come forward with any clear evidence of economic harm. The main thrust of their objection, that simply having to move to another location or show a different type of film is substan- tial economic harm, is unsupported by any clear evidence. The court had a right to conclude that appellants' allegations they will suffer economic harm were speculative at best. The record thus supports the find- ing of the court below that Northend and Gaiety will incur no economic damage, and Apple will incur no clear economic damage, by enforcement of the ordinance. •ate. i r *VP,rr' •. AMS ,' 4-,..' Ate ! y ills±' ...? This benefit is well supporte• •y the record. We conclude the benefit to the public through termination of these uses within 90 days outweighs the harm appellants will sustain thereby. The termination period is reasonable, and appellants have suffered no violation of due process. We are mindful that this ordinance was passed in 1976. A temporary injunction against enforcement of the zoning restric- tions pending this appeal has allowed appel- lants to continue normal business operations in the intervening months. Much more than 90 days' time has elapsed. Appellants have therefore had more than ample time to prepare for the contingency of having to terminate their present adult movie theater use. The temporary injunction is dissolved and the judgment below is affirmed. WRIGHT, C. J., ROSELLINI, STAF- FORD, UTTER, BRACHTENBACH, DOL - LIVER and HICKS, JJ., and PRICE, J. pro tem., concur. DES MOINES . ADULT USE STUDY AUGUST 1984 Robert W. Thorpe, AICP R. W. Thorpe & Associates, Inc. Seattle / Anchorage TABLE OF CONTENTS gage I. SUMMARY OF FINDINGS 1 II. RECOMMENDATIONS 4 III. INTRODUCTION 7 A. State Law B. Local Law C. Literature 1. Strom - Zoning Control or. Sex Businesses 2. Tower - Regulating amBusinesses 3. Weinstein - "Regulatory Pornography 4. City of Kent - Adult Use Zoning Study' IV. REVIEW OF LITERATURE AND ORDINANCES 9 1. Detroit 2. New Orleans 3. New York 4. Seattle 5. Auburn 6. Blaine 7. Kirkland 8. Renton V. SITE VISITATIONS 13 1. Seattle - 2nd and Union 2. North Seattle 3. Renton 4. Bremerton 5. Aberdeen 6. Redmond 7. Des Moines VI. IMPACTS 16 VII. ZONING APPROACHES 19 VIII. CONCLUSIONSIRECOMMENDATIONS 21 i - rfuj R.W. Thorpe & Associates Planning • Environmental Analysis • Economics i 1 1 August 1984 Associates. Deborah Krouse, APA Kathryn Figon, ASLA Mr. Stan McNutt City Manager City of Des Moines 21630 11th Avenue South Des Moines, WA 98188 RE: Independent Planning Consulting Report on Adult Uses in the City of Des Moines, WA ' Dear Mr. McNutt: 1 1 1 1 1 1 1 1 1 1 1 1 1 SUMMARY OF FINDINGS: At your request, we conducted an independent study for recommendations to the City Council concerning policy directions to be undertaken by the Council relative to adult uses within the City. As you and the Council are aware from our previous efforts on the Revitalization Study, we are familiar with the community, the citizens and the character of its business district. Our study set forth to look at adult uses and consider the following elements: 1. Zoning Study 2. Land Use Impacts 3. Impacts on the Revitalization Plan In order to do this we set forth the methodoloy with steps including the following elements: 1. Reobservation of current land uses within Des Moines, with particular attention to the Revitalization Area, existing land uses and the potential for additional adult uses within the Revitalization area. 2. Review of studies, reports, and technical documents on adult uses by various communities, professional organizations such as the American Planning Association, Trial Lawyers Association, City Manager's Association, etc. 3. Court cases and case studies on other communities experiences in. providing areas for this use within their community while controlling the impacts on certain elements of the citizenry, particularly children. - 4. Discussion with other city officials who have been involved in the reviews of this type of use within their communities. 5. A review of the record of the hearings by the City Council on this matter in Des Moines. 6. Site visits of areas that have adult theaters, bookstores, and similar uses in other suburban communities in Western Washington as well as downtown Seattle. 1 Seattle: 515 Seattle rower. • 3,-a E. University • Seattle VVA 98101 • (206) 524 8239 Ca.,�t�n,-ano ... n int c .-- A .. •.• A r.v 00cl1, • 0 pr. 7-7e CO_ Mr. Stan McNutt August 1984 Page Two Our efforts were concentrated in May -July to review these items listed above. However, it is complemented by my 8 years of occupying office space at 3rd & University in Seattle, whereby I have observed land use impacts of adult types uses on 1st, 2nd and 3rd Avenues near my office. I also have observed the impact on adjacent land uses, signage, street treatment, and the general character of the urban area. This effort was supplemented by a review of locations such as Bremerton, Redmond, Renton, Northend Seattle, Aberdeen, etc., to ascertain the general character of land uses and the economic impacts of adult entertainment in any given area of a community. Following further work efforts, a detailed report shall be provided the Council in the near future. However, some of the conclusions and observations may be appropriate. They are as follows: 1. There appears to be a definite impact on adjacent uses by adult uses in the Revitalization Area of Des Moines. 2. In terms of Number 1, there are, in my opinion, identifiable impacts on the intent, goals and long term objectives of the Des Moines Revitalization Plan. Adult uses are acting at largely counter purposes to the objectives of the plan. 3 In other communities, there has been an impact on adjacent land uses do to either a single adult use or or a concentration of these uses. The impacts occur on adjacent properties, reflected in deferred maintenance, character of the area, turnover of rental properties, etc. 4. A review of the cases such as those involving the cities of Detroit, Boston, New Orleans, Los Angeles and other cities, from a laymens viewpoint, indicates that a number of communities have approached methods for addressing adult uses through the zoning code, or through other methods such as licensing. Some communities have tried to respond to the need to provide for some locations to respond to the real or p6:ceived demand for this type of use while controlling it, eliminating its exposure to areas that have children, such as parks, schools, residences and other community activity areas, appears to be the most coonsistent approach. 5. The standards utilized in dispersal of this type of activity by other communities appears to be an appropriate one and more successful than a concentration approach which appears more appropriate for a highly concentrated urbanized area, if at all. However, the distance standard, be it 500 ft., 1000 ft., 1500 ft., 2000 ft., or whatever, is Policy that aDDrooriatelY rests with the, legislative body,Qf the City of Des Moi.Iles. However, some communities are moving towards a 1500 feet standard and it may be just as appropriate as 1000 feet or any other standard. 6. a appears that the dispersal method_ eliminating two adult uses In, anv location. with a jninimucn distance between la the most effective and widely used method of providinx some zoniniz control of these uses. 7. That the area most appropriate in the City of Des Moines for these uses is not the Revitalization area (the business district) which is surrounded in close proximity by schools, residential areas, parks, 7 Seettie 515 Seattie Tower • 3rd S. �nivers.cy • Seactfe WA 915101 • f 206) 524-6239 a -tel _-• - • i �- .. r, _� J a.-� �I �'] • �.. ..��_ r 4- 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Mr. Stan McNutt August 1984 Page Three playfields, etc., but rather Highway 99. This observation is supported not only for the reason of limited access by children, but conversely for more easy access by potential users of these facilities from a state designated highway. 8. It should be noted that this study , j.imitet in its scone to those work ;terns listed above. There was no review of economic data, vacancy rates, etc., of the area visited for an analysis of th9 impact, but rather just utilizing a real estate appraisers techniques to observe functional obsolesence, deferred maintenance, etc., in area immediately adjacent to the study areas. 9. And the study's observations and conclusions are not based Qn moral fin obscenity issues, that is they are specifically excluded from consideration, but rather the study focuses gp. impacts Qi' land use. economic. gz urban design. „nature related tQ oublic Jealth. safety and welfare. Respectfully submitted, Robert W. Thorpe, AICP RWT:mc enclosure 1Writer is Institute of Real Estate Appraisers (MAI) Candidate. 3 Seattie B" 5 Seactie • 3ra S Unn,ers,ty • Seatae. WA 92101 • (206) E24- � _ 535 . • „ • ec A a . ,�.-.��-_9-�a .]K 'a Ocr--� . 'no-' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 RECOMMENDATIONS CITY OF DES MOINES ADULT USE ZONING ANALYSIS The following study is a review of available literature and analysis of the impact on sites in similar communities throughout Washington and impacts on the Des Moines Central Business District as well as a review of various approaches in other communities. The review of over 600 pages of reference material studies, court eases and transcription of public testimony leads one to the conclusion that adult businesses are both by their actual impact and their perception, distinguishable from other businesses in terms of their land use impacts. They are further distinguished in terms of the character of the product, and the service they are providing. This fact is pointed out through detailed analysis in similar studies by various communities in State of Washington in which this report is largely based, as well as first hand observations. Adult uses may have adverse impacts on surrounding land uses, business turnover, deferred maintenance, quality of environment, and perception of the desire of people to frequent that area. Various approaches have been utilized by a number of communities throughout the State of Washington as well as throughout the country in cities such as Detroit, New York, New Orleans, Denver, Seattle, etc. Although the experience is mixed in cities nationwide and throughout Washington, zoning has been utilized as one tool in containing, controlling or directing the various impacts which adult uses may have, on a community's viability, its opportunity for revitalization and the quality of lifestyle. This study is an overview analysis of the regulation of adult uses in the City of Des Moines and their impact on revitalization efforts that are on- going in the City. The study includes a review of literature and a look at six or more sites in the State of Washington for the impact of adult businesses. It reviews, in brief summary, the impact of ordinances in other communities, zoning alternatives for mitigating the adverse impacts and sets the ground work for analysis by the City Attorney as to adult use law and legal guidelines. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The goals and purposes of the Des Moines CED Revitalization have been well documented through the Phase I and Phase II Study and completed in 1983 by R.W. Thorpe & Associates, Mundy/Jarvis, the TRANSPO Group, and the Makers with close cooperation of the entire city and business district tenants/owners. The goals and policies of the community are further identified in various planning documents such as the Comprehensive Plan, Shorelines Master Program, Park and Recreation Plan, and other statements of general community intent, direction and purpose. Through the use of Subdivision Ordinances, Capital Improvements Program, and Zoning Codes, these Comprehensive Plan and revitalization studies are implemented. It appears appropriate that some of the adverse land use impacts of adult uses are appropriately addressed through city policies, zoning code requirements, design review and adult use permit approval procedures. It may be summarized that some various approaches may be appropriate for the City Council in its future deliberations on this matter. Some of the alternatives or options may include: Ortior. Do-nothing. Maintain existing review of adult uses under Ordinance 464. ODtiort 3 Allow adult uses to continue or expand in the Revitalization Area along Marine View Drive, and on Highway 99 in commercial zones, which are separated from other uses. Alternative 3 Allow adult uses only in along Highway 99 where there is a minimum distance setback from residential, religious, educational and recreational environments. Option Limit adult uses to commercial zones provided that they have a conditional use permit. Although prohibition of all adult uses altogether, may be perceived by some as an option, the experience of review of all of the literature, ordinances, court cases and experiences, is that this is not a viable alternative and that some provision needs to be made for their locating somewhere within the community while protecting the goals and policies of the Comprehensive Plan and certain already well-positioned activities for residential, educational, recreational, religious and other pursuits. In terms of allowing uses, the question then may become one of two approaches or a modification of the two: a. Provide for concentration of the uses or; b. Dispersal; c. Modified concentration or dispersal. The conclusions of this report is that Alternative C is more appropriate with a standard set for a minimum distance, say 1000 feet (or some other distance standard) from residential zones, churches, parks, schools, etc. In order for this to be implemented, the City Council would need to direct the Planning staff or the City Attorney to develop regulations for amending the zoning code and codeffication of that amendment to the City ordinances. Also, goals and objectives would need to be part of the ordinance and it would be necessary to include the following: 1. A definite distance for separation of uses. 2. Specific zones where the adult business would be permitted (Note: a specific zone may be established for this type of use). 3. Strict definitions of the types of adult uses be set forth in the Code, with fairly specific terminology and definitions. 4. That clarification as to whether establishments serving alcoholic beverages or providing gambling would be permitted in the same zone. 5. Procedures for rezones, conditional use permits or special permits be identified. 6 INTRODUCTION The Purpose and Scone Di:Adult Use Zoging Study. For the past several years there has been lengthy discussions within the City of Des Moines as to the merits or demerit of inclusion of adult uses within the City of Des Moines. This was particularly brought to light during the recent Revitalization Study where the impacts of these uses were identified and considered as part of the goals and objectives with improving and revitalizing Des Moines Central Business District. In order to review this type of use, the City has set forth certain procedures whereby the review of these uses shall be by an established procedure and public testimony as taken as to their value to the community. Further, the City has requested that a consulting planner, R.W. Thorpe & Associates, Inc., review existing literature, the record of hearings before the City of Des Moines, visit sites of various other adult uses, and provide a summary report as the impact of adult uses on those communities. The Study, as with other communities, past and on-going study efforts establishes that the impact of adult uses la both actual ir,terms Df. impact on adjacent uses and the community, gs well mss, perceived. The focus of this Study is to identify those impacts by site visits, explore how other communities have provided for areas to respond to the demand for this type of use, while at the same time, protecting the health, safety, general welfare of the community and specific land uses devoted to residential, recreational, education and religious purposes. The City of Des Moines has been endeavoring to evaluate its current zoning regulations as to differentiate the adult uses from general business activities. The purpose of this analysis, the report to the City Council as authorized by the City Manager at the direction of the Des Moines City Council to determine if the testimony being received by the City could be supplemented or complemented by a special study by a consultant planner with appraisal background to ascertain the impact on the Central Business District Revitalization Study, residential neighborhoods, religious uses, and recreational facilities in the community in general. If these effects can be identified, the City may be able to utilize an analysis of those impacts as well as the experience of other communities to devise methods to 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 offset the adverse land use impacts through regulatory changes. One of the methods utilized is that other alternate zoning approaches of other communities will be considered in their broad range where their potential application to the Kent community. The scope of the study focuses largely on adult motion picture theaters, and adult bookstores. However, because of the nature of the activities in the Des Moines environment, particularly along Highway 99, north of the city, the study also includes a cursory look at adult motels, massage parlors, body painting studios, "head shops,/ and other similar uses. The writer in reviewing other reports, particularly the Kent Adult Use Study, has chosen to exclude places where alcoholic beverages are served and gambling establishments. Although a portion of the testimony given to the City of Des Moines centers on a perception of whether adult entertainment 1s distasteful, immoral, unethical, or disruptive, it is, not within the scope Qf this study to evaluate adult uses based upon moral or pornograuhie terms. Clearly this should be left to the advice of the City attorney and the courts. The focus of this study IA land use impacts associated with adult uses, not matters of personal discretion and taste or that of one individual choices of services or goods obtained. In sum, the purpose of this study is to see if these uses can be located where their impact, or be minimal to other elements of the community and further that their impacts of the specific sites can be mitigated through zoning regulations or conditional use approval processes. S REVIEW OF LITERATURE AND ORDINANCES In order to prepare for this summary report the author has reviewed over 600 pages of documents, transcripts that I have conducted as a basis for public input at the City Council meeting, ordinances, and conducted six "adult uses" site visits. This report is a summary of the writer's observations and conclusions and is written with the intent that the background data is available for public testimony or research information for ordinance writing. The review includes a review of several documents listed in the reference list at the end of this report. A brief review of the State laws, the local laws, information available from American Society of Planning Officials, Presidential Commission on Obscenity and Pornography, Land Use Law, Digest, and ordinances from several cities in the State of Washington as well as review of State and Washington community laws. State Law. Based on our review of several local ordinances, their citations indicate that regulation of adult businesses through zoning or businesses license is part of the local police power. The federal and state laws address adult publications and films but are not specific in terms of administration of the location of adult businesses. RCW 9.68.050 sets forth requirements for books and films to be labeled as "adults only" attempting to limit the exposure to minors. The definitional section under this is as follows: "Being patently offensive, upfronting contemporary community standards, appealing to the prudent interests of minors and sex and are utterly without redeeming social value." Thus, persons under the age of 18 are attempted not be exposed to explicit films and publications. State Law also provides for review of massage parlors, under RCW 18.108 and topless dancing under the Washington Criminal Code RCW Title 9A. Massage parlors prohibit minors working in such activities and topless dancing and nude entertainment cover such illegal 9 acts such as prostitution, indecent liberties, or public indecency. Washington State Communities Laws A review of approximately 8 regulations within the State of Washington shows that various approaches are used in regulating. The primary one appears to be the zoning approach whereby the businesses are 1) concentrated, 2) dispersed or 3) in a modified dispersal pattern at specific areas designated on a zoning map. In addition, several communities have used licensing requirements, conditional use permits, or general welfare provisions to regulate these matters. In summary, it appears that most communities have taken slightly different directions based upon public testimony, their advice of their City Attorney, and Planning staffs recommendations as to the regulation of adult uses and their location. Most of the adult use ordinances have been adopted in the last eight to ten years following public response and demonstration over the inclusion of these land uses in various communities. Noteworthy examples are the North End Cinema in Seattle (Greenwood), the Forbes Theater in Redmond, the Forbes Theater in Renton, and the adult movie theaters in Bremerton and Aberdeen. However, each communities zoning regulations differ somewhat and those in Washington differ from national examples of Boston, New Orleans, Detroit, etc. Seattle follows the Boston example of concentrating adult uses throughout the commercial areas of downtown. The City of Redmond has utilized an apr;roach based upon the combinations of the court cases from Detroit and Boston which sets up specific distance requirements in designated commercial areas. The City of Renton is following a similar pattern in their ongoing court action with Forbes Theaters, use of the Roxy Theater in downtown Renton. Two key examples are Boston, which concentrates adult businesses in a small zoning district located in the commercial core, and conversely, petroit. The latter allows adult uses in designated commercial zones as long as a 1000 ft. distance between each individual use is maintained. The North End Cinema - City of Seattle (Wa 585 p.2d 1153) case provides 10 1 1 1 1 some guidelines for zoning standards and the regulation of the adult theaters. The Supreme Court of Washington in October of 1978 set forth the following points: 1. "That the ordinance was fully adequate to give operators notice of regular use and they had no standing to challenge for vagueness; 2. The operators had no standing to assert the First Amendment rights of others so as to challenge the ordinance for facial overbreadth; 3. The theaters failed to establish that the ordinance was impermissible prior restraint on protected First Amendment speech. In view of the finding, the ordinance did not have any significant deterrent effect on exhibit or viewing of such films; the city's most important interest in regulating use of its property for commercial purposes was sufficient to justify such zoning regulation; 4. There was reasonable classification, not violative of equal protection by the ordinance; and 5. The ordinance was reasonable, not denying due process law, insofar as determinating all non -conforming uses within 90 days, in view of the fact that the theaters were not bound to show adult films, as opposed to any other types of films, it did not come forth with any clear evidence of any economic harm." The City of Blaine, Washington includes in its ordinance adult bookstores, adult motion theaters, adult mini -motion picture theaters, and shoeshine parlors, and sets forth the standard of minimum distance of 1000 ft., between each use and 500 ft., from any residential dwelling or rooming unit. The City of Kirkland sets up a specific zone by an overlay district and performance standards can be reviewed in a public hearing process. First the property owner must apply for a rezone to place an "AE* designation on the zoning map for the subject property. This requires a public hearing 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 before the Planning Commission and final action by the City Council. Requests must correspond to one of the City's commercial zones. The City of Kirkland utilizes a standard of 1500 ft., away from the school, park, or other establishments which caters primarily to minors. It can be proven only if the City Council has the final action taken before them. This approach places the burden of application and proof on the individual. proponent and provides protection for those places where young people congregate such as schools, parks, and youth clubs. The City of New Orleans utilizes a historic landmark district and ascertains the impact on adjacent uses and the character of the area, particularly as it applies to the French Quarter in New Orleans which has a specific planned area with special development standards as does the Revitalization Area in Des Moines. It appears that the City of es Moines zoning policies are being prepared to differentiate adult uses from similar business establishments and activities. That is, an adult movie theater would be distinguished from simply a movie theater as far as existing zoning regulations are permitted. This would be a step away from allowing adult bookstores to be treated as general bookstores and, adult movie theaters as movie theaters as far as the Zoning Code is concerned. This type of adult use is concentrated on Des Moines Way in the adult movie theater and the adult movie bookstore, and in the past some small shops selling materials that may be utilized in some people's viewpoint as drug paraphernalia. The other area that appears that this use might occur is along Highway 9g. i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SITE VISITATIONS TO OTHER AREAS TO VISUALLY ASSESS THE IMPACT OF THE INCLUSION OF ADULT USES IN OTHER COMMUNITIES 1. North Seattle. A review of the record of testimony by individuals involved in the North End Cinema indicated that the property owners sited noise, late hour use, vandalism, increased crime, and other factors in their concern about the nuisance element of this theater. Since the removal of this theater, the intent to preserve the quality of the neighborhood through effective land use planning appears to have been achieved. Discussions with City of Seattle staff indicate that no complaints of the nature previously received have occurred within the area of this theater. 2. Seattle: First Avenue and 3rd Avenue , Union Sites - Adult Cinemas. Most of these uses are concentrated in approximately a six square block area between Seneca Street on the South and Pike Street on the North, and between 1st and 3rd Avenues in downtown Seattle. At the time of this report, there were discussions to revise the 3rd Avenue Cinema to remove the adult pictures and revise this into "legitimate theater" and restaurant use. Conservations with Carma Developers concerning their use and other developers along lst Avenue (at Union) indicated that the number of those uses would be phased out as those buildings were rehabilitated. The general observation of these buildings is that these buildings and their uses create deferred maintenance, functional obsolesence and some general decline in upkeep and visual appearance of the existing buildings and adjacent uses. A discussion with a Seattle police officer assigned to this area indicated that the highest incidents of crime (evening hours) in Seattle occur on 1st and 2nd Avenues in this area, particularly among teenagers. Some associated decline in contributory value may be able to be ascertained by a review of rents of these facilities. These Seattle 1: areas are frequented by heavy foot traffic due to the desire of people to go from the office areas of 3rd through 6th Avenues to the Pike Place Market and the Waterfront, therefore people pass through these areas. However, people passing through do not appear to be those frequenting the establishments. The image of these streets is far different in the minds of people of Seattle than that of 4th, 5th and 6th Avenues in terms of cleanliness, quality of shops, safety and economic return for these types of uses in the building. 3. Renton. Renton has two theaters located across the street from each other on 4th Avenue in the downtown area -- the Renton and the Roxy. One theater was converted to an adult theater use. Litigation by the City against Robert Forbes for the use of this theater for adult movies is pending at the time of this report. Contact with Dave Clemons, Policy Planning Director and Roger Blaylock, provided a review of the history of the development with Renton's Ordinance and their legal argument. This information has been available to the Des Moines City Attorney. Renton is attempting to utilize a modified diversion method to locate theaters away from schools, housing and recreational areas. This subject theater is located approximately 3 1/2 blocks from the Renton High School, 3 blocks from the Catholic grade school, and is close to several parks. The City of Renton is attempting to base their case upon their new ordinance for dispersion of use, minimum setbacks from schols and residents and establishing a standard abatement schedule time period. 4. Bremerton.. This theater located on Calisan Street, in the Charleston area of Bremerton outside of the Central Business District, has, due to the adult theater nature, encouraged adult bookstores and similar uses on the west side of the block in the area. The east side is occupied by two strong neighborhood "anchor" tenants, an appliance store and a shoe store. There is a marked difference in the maintenance and general character of the two sides of the street. At the time of the writing of this report, there was some understanding by City officials that this theater would be converted to non-adult theater, family motion picture use. 14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5. Aberde_en. Discussions with the City Planner reviewed the history of their attempts to remove an adult theater use from downtown Aberdeen. The City Planner cited increased instance of crime, negative impact on adjacent land uses, increases vacancy in adjacent shops and that the use was counter to the general purposes and objectives of the comprehensive plan in their reasons for seeking abatement of that use. 6. Redmond. This site like Renton was in the process of being reviewed by the City. Discussions with members of the City Planning Staff indicate that problems similar to the North End Cinema were cited related to crime, late night disturbances, and impact on adjacent uses in terms of desirability of tenants to remain in the area. 7. Adult Uses .ii} ggg Moines. The primary adult use in Des Moines is the adult theater on Marine View Drive, (and previously a "Head Shop") in the heart of the Des Moines revitalization district. Review of the public testimony indicates that a significant percentage of the community reduces their shopping trips to the business district area to avoid these uses. Due to the turnover in shops adjacent to these uses in the same block, some difficulty was encountered by the consultants on the Revitalization Study as to the future use of this block. The uses not only provide a perceptual problem with people desiring to shop in the area, they provide somewhat of a "deadhand" in the planning process for the upgrading of this area and the revitalization of the Des Moines Business District. The police record provides a review of various other adult type uses such as the selling of drug paraphernalia, at a "head shop" and other historic uses in both the Business District area and along Highway 99 that have provided complaints and requirements for increased police activity. 15 IMPACTS Based upon my review of the literature from various communities and visual observations of several other sites, as well as an in-depth understanding of the Des Moines Business District through the Revitalization Study, some overview summary comments as a basis for public testimony can be set forth here as to the special impacts of adult uses. In order for the City Council to better plan for the regulation and location of adult uses, these special impacts provide certain insights. Although only part of the data is taken from the City of Des Moines, the majority of the information comes from other communities in Western Washington that provides some basis for policy direction by the City of Des Moines. 1. Crime. The City of Kent Adult Use Zoning Study has a thorough discussion of the incidence of crime in several other communities and is a good reference for the City Council in their review. 2. Land Uses. The writer of this report is a certified planner (AICP) with educational and work experience in the real estate appraisal field, and presently is a candidate for the MAI appraisal designation. Utilizing this combined background in my visits to various other sites, some general observations concerning land use, social impacts and land economics can be made of most of the sites. There appears to be a definite impact on adjacent land uses, the turnover of tenants, deferred maintenance, functional obsolesence, maintenance of access areas such as streets and parking lots surrounding these uses. The improvement or decline of business areas or neighborhoods has been well documented in many planning studies as having both physical and "perceived" elements. That is, if people perceive an area as improving, they may work to invest money and improve the overall area. That is, a strong new anchor tenant that comes in and improves a key piece of property encourages other owners and tenants to do the same. Conversely, a tenant that in other peoples perception is creating a 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 decline in property values or "image", contributes to their management decisions to defer maintenance, defer upgrading of buildings and put less emphasis on that piece of property as an investment part of their portfolio. This secondary impact appears to be occurring in several communities where this type of location has occurred. Noteworthy are Bremerton, Seattle, and Aberdeen. Some small impact appears to be occurring in Des Moines in a similar vein. 3. economic .moact. There appears to be some increased turnover in tenants adjacent and near these uses. And further, a location of similar type of uses in the area. My discussion with some seven real estate appraisers leads to some different conclusions that that of the survey of the City of Kent. The appraisers perception of various communities of which they are located, (Renton, Bremerton, Seattle, Redmond) indicates that they feel that this type of use when included next door to other healthy businesses may result in a reduction of property values and/or rental income stream. Most appraisers felt that there is a negative impact on residential property values as well as an impact on business property values. Several felt that the change in key anchor tenants on 3rd, 2nd and 1st Avenues in downtown Seattle would possibly induce these areas to upgrade and provide stronger office use on upper floors and comparison shopping on retail floors that had street access. Therefore, my discussions and interviews arrived at a slightly different conclusion that that of the Kent Land Use Study. 4. Community Impact. The proliferation of adult uses has occurred in the Puget Sound area in the last six to ten years. City staffs, Planning Commissions, and City Councils have been wrestling with zoning and comprehensive planning approaches to address these uses and the perceptions of residences as to their impacts. A number of communities have reviewed these matters and there is on-going discussions by the association of suburban mayors, city attorneys, city planners and other groups_ 17 The general consensus appears to be that adult uses are incompatible with residential, religious, educational and recreational uses where minors may meet collectively. As sited in several other studies, and in particularly in the Kent study, the Greenwood area at 85th Avenue, N.E., was impacted in 1975 and 1976 when a local theater began showing x -rated films. The record shows that the residents discussed crime, traffic, and undesirable patrons, litter, maintenance and potential impact on small shops, businesses and residences in the area. In response to this outcry, the City of Seattle Council adopted an ordinance that provided for concentration of these uses in downtown Seattle area and not in outlying neighborhoods, and set an abatement schedule. The owner sued the City and through a series of court appeals, from the Superior Court to the Court of Appeals, and finally to the Supreme Court of Washington in 1978, the City was able to demonstrate by a well documented public record that the adult theater had a harmful effect on the Greenwood area business district, religious areas, residential and recreational areas. The Washington State Supreme Court agreed that the goal of preserving the quality of residential neighborhoods including their supporting business districts by prohibiting disruptive of adult uses, was a valid and substantial public interest. 5. Compatibility with Other Uses. Much of t1s public testimony comes from church organizations and recreational proponents and residents. It appears that these three user groups have testified as to the incompatibility of adult uses with residences, schools, churches and park areas. Residents of the area testified as to the adverse affects of such uses on family orientation of the neighborhood. These findings were made part of the court record in the Greenwood case and helped form the basis for a decision in favor of the City. A similar line of testimony appears in the Des Moines transcripts. 18 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPROACHES As previously cited, several examples have been utilized. Seattle concentrates adult uses as does Boston. Redmond and Renton have used a modified dispersal approach. Detroit utilizes a dispersal approach. Kent is considering a modified dispersal approach. Blaine utilizes a dispersal approach, and Aberdeen, a concentration approach. Although there is no precise standard that applies to every city, in each city's approach must be based upon the City Council's and Planning Commission's perception of the community's desires, it must be based on a clear public record on the impacts of these uses and not be based on moral or personal preference grounds. A, combination, szt licensing. special permits and, zoning practices Is/mitigate impacts. appears aDoropriate. As noted in other cities, studies such as Renton, Redmond, Seattle and Kent, there appear to be four generalized approaches to land use regulations which are in common use: 1 Dispersal ordinances; (zoning) 2. Concentration ordinances; (zoning) 3. Modified dispersal concentration ordinances and; (zoning) u. Special ordinances including licensing and special use permit approaches. (zoning and licensing) These approaches have been discussed previously but are summarized briefly below: 1.iD soersal Ordinances. Seeks to spread adult uses throughout the city as opposed to concentrating the minimum standards of 1000 to 1500 feet have been utilized in various communities. It does not appear that anyone other than Blaine is utilizing a total dispersion type approach. Kirkland is using a modified dispersion approach with a special use permit and rezone approach. 19 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2. Concentration Approaches. These seek to cluster or concentrate adult uses in certain uses and similar to the Boston approach. The idea here is that by confining impacts to small areas, this insulates the balance of the community. The City of Seattle utilizes this approach as well as the City of Lynnwood. In terms of the City of Des Moines, this concentration approach that if the theater was located on Highway 99 might be more apropriate than the present situation. 3. Modified Dispersion Concentration ADDroa$hes. Most communities utilize one of these approaches. According to several sources and by review of the court activities, the courts in the State of Washington have allowed a variety of regulatory approaches as long as the regulations are valid. The City of Tukwila and Renton have similar ordinances that employ a modified dispersion approach of adult theaters. The City of Redmond followed their suit in 1982 of modified dispersion in certain commercial districts. 4. Special Approaches. The City of Kirkland is an example of the special approach which appears to me to be one of the best examples of any community. The City Planning staff has had a long history of developing overlay zones for waterfront districts, sensitive areas, and special use districts which have been implemented by Planning Commission, City Council action. Therefore, their comprehensive plan and implementing legislation provides a strong basis to establish a special zone for adult uses and provide for a rezone and special permit process and clear showing of burden on the applicant. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 RECOMMENDATION From my review of all of the readings, several planning criteria were established in the Kent Study which may be appropriate for the City of Des Moines. These criteria could be developed by the Planning staff, with the assistance of this consultant as a basis for adopting one of the approaches cited in the previous chapter. I would recommend khat_ the City ail Kirkland's approach appears IA tie, the, most viable one for the City of; Des Moines. The City of Des Moines has established a Special District, that is the CBD Revitalization District. Within this District special zones and uses are set up. An additional zone could be established for this type of use or established for the Highway 99 area. This combined with the "dispersal method" or "modified dispersal method" would provide for location of these uses in certain areas. These sites would need to be 800 to 1000 feet2 from residences, schools, play- grounds and/or churches. It would further regulate them by providing a requirement for a rezone for this type of use and conditional use permit with the burden of proof being upon the applicant. This would be an expansion of the present licensing proces that the City now utilizes. 2Note: Report revised in February 1985 to reflect findings of "Coeentric rings/zoning map" study by Des Moines Planning Staff that establishes areas available in the City for Adult uses if different standards (ie: 1500, 1200, 1000, 800, are utilized). 21 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Recommended Stens 1. Review planning staffs zoning map with minimum distance standards available. Establish modified dispersal method. 2. Establish an "AE" - Adult Entertainment Zone. 3. Permit adult use in this zone upon approval of: a. Rezone b. Site plan/conditional use permit approval c. License for adult entertainment business use d. Clear showing of "burden of proof" by applicant that there is a demand for use, the impacts of the use and that these impacts can be reasonably controlled and/or mitigated. A. Establish procedures for: a. Application/Staff recommendation permit fees b. Planning Commission review c. Final action by City Council 22 MEMORANDUM To: City Manager June 10, 1985 City Attorney From: Planning Director Re: Adult Theater Overlay Map As requested, the adult theater overlay series has been com- pleted. The objective has been to illustrate where, along Pacific Highway South, adult 'theaters could situate given a requirement to main- tain a distance from churches; schools, through high school; day care centers; libraries; public parks and other adult uses. Two radaii were employed: 1. 500 feet (Overlay 2), and 2. 1000 feet (Overlay 3). By plotting where commercial properties are developed, suitable for redevelopment and vacant, then overlaying these with acetate sheets illustrating the variable radaii, properties available become more appar- ent. Vacant and redevelopable General Commercial zoned properties along Pacific Highway are depicted on Overlay.1. Redevelopable proper- ties were defined as lots presently supporting a business but by virtue of being a non -conforming use, such as a single family residence or mobile home park or upon which a deteriorating structure is located, are candidates for redevelopment in the forseeable future. This is a broad category embracing lots with no permanent structure where mobile home sales are occurring to mobile home parks which are non -conforming in the C.G. zone and subject to conversion as development pressures mount. The latter's inclusion into the redevelopable classification stems from an assumption that these maps are to denote potential sites for future application as well as portray present conditions. Conversion of existing structures to theater use was not assessed, however, the particular needs of the theater developer could allow an occupied build- ing to -be remodeled. Whether an adult theater can be practically located on Pacific Highway will be a function of the size of the facility desired and accord- ingly the amount or parking and landscaping required. My intent has not been to provide a market analysis or potential site survey, but rather to provide a guide to the amount of redevelopable and vacant properties on Pacific Highway, presenting information critical to a determination of which radial variable should apply in regulating adult theaters. Even cursory examination of the overlays demonstrate that application of a 1000 foot radius requirement, removes most of the C.G. zoned property. Given a 500 foot radius, several locations become potential theater sites. '• Adult Theater Overlay Map June 10, 1985 Page 2 More precise figures for the Pacific Highway South commercial zone were developed as a result of mapping activity. Additionally a breakdown of developed, redevelopable and vacant parcels in square footage has been provided as follows: Square Feet Percentage Vacant 446,156 15.7% Developed 926,454 32.5% Redevelopable 1,474,372 51.8.. Total 2,846,932 100.0% No detailed mapping and calculation was undertaken to provide data on the square footage remaining after application of the variable radaii. Attachments: Churches with proximity to Pacific Highway South Schools with proximity to Pacific Highway South Public Facilities with proximity to Pacific Highway Adult Use Survey CHURCHES (With proximity to Pacific Highway) Assembly of God Church of Des Moines 21650 24th Avenue South Soundview Baptist Church 2045 South 216th Street Seacoma Community Baptish Chruch 24800 Pacific Highway South Kent WA Midway Covenant Church 22460 24th Avenue South Des Moines South Seattle Foursquare Church 2038 South 222nd St. Des Moines Christian Faith Center 21024 24th Avenue South Seattle (unincorporated King County) Grace Lutheran Church 22956 24th Avenue South Des Moines Eternal Temple of Truth & Light 25040 Pacific Highway South Kent Marcus Whitman Church 2130 South 248th St Des Moines St. Philamena 1815 South 220th Street Des Moines St. Columba Episcopal Church 2031 South 216th Street Des Moines First Baptist Church of Des Moines 22421 19th Avenue South Des Moines PUBLIC FACILITIES (With proximity to Pacific Highway) Des Moines Library 22815 24th Avenue South Des Moines King County Fire District #26 2238 South 223rd Street Des Moines Des Moines Park (Kiddy Park) 24th Avenue South & Kent -Des Moines Road Des Moines Parkside Park (King County) South 242nd Street & 16th Avenue South Des Moines Mount Rainier Swimming Pool 22722 19th Avenue South Des Moines Adult Use Survey Page 2 215640 - 0203: A. J. French Vacant 41,250 sq. ft. 0201: Callow - Printers, etc. Developed 47,700 sq. ft. 0180: Used Mobile Homes - L. B. Properties Redevelopable 60,372 " S.W. corner of South 224th and SR 99 250060 - 0005: C.G. only Vacant 42,200 0012: Vacant 30,000 0011: Vacant 11,190 0015: Seatac Auto Sales Redevelopable 19,515 " I1 11 It 0018: Seatac Auto Sales Redevelopable S.W. corner of South 226th and SR 99 250060 - 0025: Furniture House Redevelopable 0020: Burger Kitchen Developed 0040: Burger Kitchen (parking) and vacant 0050: Shepard & Nelson Redevelopable 0051: Single Family Residence Redevelopable 0052: Single Family Residence Redevelopable 18.950 " 32,750 " 29,512 " 51,280 " 8,000 " 11,800 " 8,750 ,t 0060: Warehouse and Office Redevelopable 34,248 " 0070: Single Family Residence Redevelopable 17,112 " 0072: Duplex and Shop 7,000 " Redevelopable 0071: Offices Redevelopable 11,700 " 215640 - 0268: Mobile Home Sales American Cable TV Redevelopable 0262: Single family residence Redevelopable . 0269: Mobile Home Sales Redevelopable Adult Use Survey Page 4 19,500 sq. ft. 23,500 " 18,174 " S.E. corner of South 222nd and SR 99 215640 - 0241: Mobile Home Sales Redevelopable 37,668 " 0242: Single family residence Redevelopable 28,595 " 0250: Mobile Home Sales - Redevelop. 19,904 " 0220: Legend Motel Developed 42,521 " 0202: Hearthside Antiques Redevelopable 24,576 " 0200: Moongate Motel Developed 22,304 0181: Vacant 15,675 S.E. corner of South 224th and SR 99 250060 - 0125: Trailer Sales Redevelopable 0136: Trailer Sales Redevelopable 0160: TYailer Sales Redevelopable 0146: Antique Shop Roo h •velopable 01101: Ar, t ique Shop i+i Io •velopable '\'II ique Shop I"Lr velopable 111;5: �'" 1 i .,wagon Repair I- velopable 1, 11 24,748" 16,500 " 24,750 " 12,375 " 4.125 " 15,750 " 22,500 " Adult Use Survey Page 6 South of Kent -Des Moines Rd. S.W. corner of intersection of Kent -Des Moines Road and SR 99 250060 - 0605: Picture Frame Shop Redevelopable • 25,409 sq. ft. 0611: Single family residence Redevelopable 0612: Vacant 15,458 " 15,504 " 0615: Scott's Appliance Repair Redevelopable 45,588 " 0622: Auto Parts Store Redevelopable 8,568 " 0625: Shell Station Developed 0630: Shell Station Developed 33,000 " 0641: Warehouse and SF Redevelopable 15,000 " (C.G. only) 0650: Canopy Mart Redevelopable 15,000 " (C.G. only) 0655: Canopy Mart Redevelopable 15,000 " (C.G. only) 0660: Skippers/Baskin Robbins Developed 27,150" 0665: Tool Town Redevelopable 30,313 " 0701: Kentucky Fried Chicken Developed 38,337 " 0705: Union Oil Co. Developed 16,393 " 360300 - 0024: Midway Manor Developed 42,300 " 0030: Recyclying Center Redevelopable 25,680 " MEMORANDUM July 28, 1985 TO: Planning Director "� FROM: Planning Administrative Aideyt" Re: Adult Entertainment Facilities - Available C.G. Zoned Property Along Pacific Highway South The following is the amount of General Commercial (C.G.) zoned property along Pacific Highway South in Des Moines after application of a 500 foot radius from the property lines of churches, schools and public facilities: Square Footage Percentage - Vacant 112,979 6.4 % Developed 662,250 37.7 % Redevelopable 981,181 55.9 % Total 1,756,410 100.0 % This indicates that 1,094,160 square feet of land along Pacific Highway South is potentially suitable for adult entertainment facilities, even after restricting the location of such businesses to buffer churches, schools and other public facilities. The attached King County Assessor's Maps cover the length of Pacific Highway South within the Greater Des Moines Planning Area. Together with this data, they should provide a complete description of appropriate and available property for adult entertainment facilities in Des Moines. Attachments 1 1 1 1 MEMORANDUM March 31, 1987 To: Members of the City Council From: City Attorney Re: Request for Final Supplemental Findings. Adult Use Project The newly adopted Highway Commercial Zoning is found in DMMC 18.29. DMMC 18.29.020(2) lists as one of the permitted uses adult entertainment facilities, provided that such facilities are prohibited within five hundred (500) feet of the property lines of churches, schools, day care centers, public facilities, adult motion picture theaters or other adult entertainment facilities. Adult entertainment facilities means adult book stores, adult cabarets, adult video stores, adult retail 'stores, adult massage parlors, adult sauna parlors, and adult bath houses. DMMC 18.29.020(55) lists as one- of the permitted uses theaters, provided that adult motion picture theaters are prohibited within five hundred (500) feet of the property lines of churches, schools, preschool, through high school, public facilities, adult entertainment facilities or other adult motion picture theaters. Adult motion picture theaters are defined as an enclosed building used for presenting motion picture films or video tapes or other visual media distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as further defined in the Zoning Code] for observation by patrons therein. Thus, the approach taken by the City Council in regulating adult entertainment facilities and adult motion picture theaters is the dispersal/concentration approach. It is "concentration" by limiting such uses to the highway commercial area on Highway 99, and it is "dispersal" by requiring the five hundred (500) foot separation from other similar uses. Both the concentration and dispersal methods were approved by the United States Supreme Court in 1986 in the case of City of Renton v. Playtime Theatres, Inc. (hereinafter "Playtime") . In Playtime the court stated: "Cities may regulate adult theaters by dispersing them, as in Detroit, or by effectively concentrating them, as in Renton. It is not our function to appraise the wisdom of the city's decision to regulate adult theaters to be separated rather than concentrated in the same areas. The city must be allowed a reasonable opportunity to experiment with solutions to admittedly serious problems." 2. The Renton Ordinance prohibited adult motion picture theaters from locating within one thousand (1,000) feet of any residential zone, single or multi -family dwelling, church, park, or school. The Des Moines Ordinance diminishes the one thousand (1,000) foot separation to a five hundred (500) foot separation, thus being less restrictive than the Renton Ordinance. The reason for the five hundred (500) foot separation in Des Moines was based on an extensive scientific study that a five hundred (500) radius provides adequate real property for an adult motion picture theater to exist on Pacific Highway .South, to -wit: 18.13 acres. This conclusion was incorporat- ed in supplemental findings adopted by the City Council on August 22, 1985. The public hearings and the study engaged in by the City Council, which resulted in the June 13, 1985 and August 22, 1985 findings, were conducted prior to the decision in the Playtime case. Prior to Playtime, the law was unclear as to whether a city must make specific scientific studies of its own community, or whether it could rely on the studies conducted by other cities. The Playtime case resolved that question. In Playtime the Supreme Court stated: "The Court of Appeals ruled, however, that because the Renton Ordinance was enacted without the benefit of studies specifically relating to 'the particular problems or needs of Renton' the city's justifications for the ordinance were 'conclusory and speculative.' We think the Court of Appeals imposed on the city an unnecessarily rigid burden of proof. The record in this case reveals that Renton relied heavily on the experience of, and studies produced by, the city of Seattle. In Seattle, as in Renton, the adult theater zoning ordinance was aimed at preventing the secondary effects caused by the presence of even one such theater in a given neighborhood." The Supreme Court went on to say that the Renton City Council had the Northend Cinema case before it when it enacted the ordinance in question. The Northend Cinema case detailed Seattle's experience as as follows: "The amendments to the City's zoning code which are at issue here are the culmination of a long period of study and discussion of the problems of adult movie theaters in residential areas of the City. . . (Tjhe City's Department of Community Development made a study of the need for zoning controls of adult theaters . . . The study analyzed the City's zoning scheme, comprehensive plan, and land uses around existing adult motion picture theaters. . . ." 3. "[T]he trial court heard extensive testimony regarding the history and purpose of these ordinances. It heard expert testimony on the adverse effects of the presence of adult motion picture theaters on neighborhood children and community improvement efforts. The court's detailed findings, which include a finding that the location of adult theaters has a harmful effect on the area and contribute to neighborhood blight, are supported by substantial evidence in the record." The record is replete with testimony regarding the effects of adult movie theater locations on residential neighborhoods." Id., at 719, 585 P. 2d, at 1159 The Supreme Court then went on to say that Renton was entitled to rely upon the experience of Seattle and other cities, and in particular on the "detailed findings" summarized in the Washington Supreme Court's Northend Cinema opinion, in enacting its adult theater zoning ordinance. The Supreme Court stated that a city is not required, 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 the problem that the city addresses. The minutes of the City Council meeting of June 13, 1985 contain the initial set of findings adopted by the City Council with respect to adult uses. One of the items of "evidence presented" was "a photocopy of the leading Washington Supreme Court case on the subject of adult use zoning, Northend Cinema, Inc. v. City of Seattle." There are an additional twelve other items under the heading of "Evidence Presented". To refresh the Council's recollection, I am attaching a copy of the minutes of the June 13, 1985 meeting. While it is clear from the findings of the the City Council did rely upon experience and cities, along with specific studies relative to Moines, I think it may be appropriate to supplemental findings in accordance with the new municipalities -by the Playtime case. Accordingly,- City Council enter the following: City Council that studies in other the City of Des enter some final direction given to I request that the Final Supplemental Findings Based on all the materials presented to the City Council at the numerous public hearings on adult uses, professional evaluations and materials, and the findings of the City Council previously entered, along with the direction given to municipalities by the United States Supreme Court in the case of Renton v. Playtime Theatres, Inc., the City Council makes the following Final Supplemental Findings: 4. 1. The approach to control of adult uses through zoning adopted by the City Council of the City of Des Moines can be characterized as a "concentration/dispersal" method. 2. The "concentration" aspect limits adult uses, including adult motion picture theaters, to the Pacific Highway South (or SR 99) area of the City of Des Moines. 3. The "dispersal" aspect requires separation of adult uses from each other by a minimum of five hundred feet (5009. 4. In adopting the "concentration" aspect, the City Council relies upon all studies and public hearings described in previous Findings, and further upon the experience 4nd findings of the City of Renton and the City of Seattle, described respectively in City of Renton v. Playtime Theaters, Inc. (the United States Supreme Court Case) and iorthend Cinema. Inc. v. City of Seattle. 5. In adopting the "dispersal" aspect, the City Council relies upon all studies and public hearings described in previous Findings, and further upon the experience and findings of the Detroit Common Council described in Young v. American Mini Theaters. 6. In adopting the five hundred foot (500') setback from the property lines of churches, schools, (pre-school through high school) and public facilities, the City Council relies upon all studies and public hearings described in previous Findings and the experience and studies of Renton and Seattle described in City of Renton v. Playtime Theaters. Inc. (The United States Supreme Court case) . JBG:ds cc: City Manager 5ie 13, 1985 'age MOTION Motion was made by Councilman Mannard. seco.'ded by Councilman Clement. that Administration hold in abeyance enforcement of the contract provision requiring the building of a berm to inhitit traffic from using South 234th Street. Motion passed unanimously by voice vote. BOARD & COMMITTEE REPORTS Marina Committee, Chairman Davis informed Council that City Manager will be conducting a biological survey for the Diver's reef in July and August This is necessary before the Dept. of Fisheries will approve the dumping of rocks. Public Safety & Transportation Committee. Chairman Clement advised Council that they are continuing discussion as to the potential need for a fund to finance long range improvements in the transportation area. Environmental Committee - Councilman'Root informed Council he will be pursuing contact with outside agencies, ie. Fisheries, Metro, regarding environmental enhancement of City's streams. ADMINISTRATION REPORTS City Service Center Roofing Problems - Acting City Manager Hayes related that Architect Kniskern has received another estimate and requests more time to study the conflicting estimates. Marina Restroom Bids - Acting City Manager reported bid opening for Marina restroom addition yesterday. Reauested item be placed on agenda under Old Business. Request granted. APPROVAL OF WARRANTS MOTION Motion was made by Councilman Davis. seconded by Councilman Root and passed, that the following warrants be approved for payment: Payroll Warrants #13061 through #13141 in the amount of S69,007.65 Claim Warrants #11954 through #12957 in the amount of 52,002.35 Marina Warrants #10435 through #10472 in the amount of 20,822.26 OLD BUSINESS Proposed Ordinance No. 630 - Washington Natural Cas Franchise Agreement City Attorney Gorham informed Council that the proposed ordinance has been reviewed by staff members and is recommended to be approved. Councilman Clement noted he was pleased with the portion that held the City harmless. MOTION Motion was made by Councilman Mannard, seconded by Councilman Root, to suspend the rules an act on the proposed ordinance on first reading. Motion passed. MOTION Motion was made by Councilman Mannard, seconded by Councilman Root, to approve Ordinance No. 630. Motion passed unanimously by voice vote. Propo,.ed Ordinance - Approving Street Vacation So. 244th Between 20th Ave. South and 22nd Place South - File #269-85 - 1st Reading City Attorney noted that the ordinance has been prepared at Council's direction. He read the ordinance by title. MOTION Motion was made by Councilman Clement, seconded by Councilman Mannard and passed, that the proposed ordinance be passed onto a second reading. Presentation of Adult Use Zoning Findings City Attorney Gorham directed Council's attention to his memo of June 13, 1985, suggesting a change in wording in the previously prepared Adult Use Findings. MOTION Motion was made by Councilman Root, seconded by Councilman Carter, that the Adult Use Findings, including the wordage change as noted in Attorney's memo of 6-13-85, be adopted. Discussion: Councilman Root questioned the advisability of using the word "religious", in the second paragraph on page 8. City Attorney noted that it is used in the context of zoning and the implication is "what the public" thinks. Councilman Davis noted that the word religious is a category listed in Zoning Code as acceptable land use. VOTE ON 1'OTION '•'otion passed unanimously by voice vote. (Findings as adopted are attached as par. of these minutes.) Attachment City Council Minutes 6-13-85 EVIDENCE PRESENTED The Des Moines City Council considered the following evidence: 1. Comments from the public at five public hearings occurring between October 27, 1983 to March 14, 1984. Verbatim typed transcripts of of such hearings. 2. Written comments from the public received by the City Council during the same time frame. 3. A general administration report dated June 7, 1984, prepared by the Des Moines City Manager and his staff. Includedin this report were the following appendices: Des Moines Theater admission data, community opinion survey, Community Impact Ordinance (Ordinance No. 464) background and information, Des Moines Police Department Incident Reports, a complete list of business activity and failures in the area in close proximity to the Des Moines Theater over a ten year period, and a photocopy of the leading Washington Supreme Court case on the subject of adult use zoning, Northend Cinema, Inc. v. City of Seattle. 4. A legal memorandum from the Des Moines City Attorney, dated March 14, 1985, and entitled Control of Adult Uses Through Zoning. 5. Reports by R. W. Thorpe & Associates. The preliminary report dated June 7, 1984 and the final study rendered in August 1984. 6. Reports by the City of Des Moines Planning Department. 7. A report by Chief Pratt of the Des Moines Police Department, dated January 4, 1984. 8. The Greater Des Moines Comprehensive Plan, 1981-1990. 9. The Des Moines Revitalization Study, Phase I, dated October 30, 1982, prepared by R. W. Thorpe & Associates and the City of Des Moines Business Area Improvements, Phase Two Report, dated December 1982, prepared by Makers. 10. The City of Kent Adult Use Zoning Study, dated November, 1982. 11. The state and federal court decisions in the litigation bet- ween the City of Renton and Playtime Theaters, Inc. 12. Ordinances and proposed ordinances of several municipalities in the State of Washington relative to the control of adult uses through zoning. 13 National studies, including a study by the Planning Advisory Service, a study by the Zoning and Planning Law Report, and psychological studies. FINDINGS OF FACT Based on the totality of evidence presented and material compiled in the public hearing file, the City Council\makes the following Findings of Fact: Revitalization and Land Use Planning The area of the City of Des Moines encompassing Marine View Drive and West of Marina View Drive to Puget Sound has been designated the City of Des Moines Revitalization Area. This designation arose out of a Revitalization Study and recommendations which evolved out of the Greater Des Moines Comprehensive Plan 1981-1990, adopted September, 1981. At the Comprehensive Plan public hearings before the Planning Commission there was a call for a study of the area later to be designated the Revitalization Area. The specific language of the Comprehensive Plan is as follows: The City of Des Moines and its business community shall explore the redevelopment or revitalization of the down- town area. Studies should embrace: a. Creating incentives for stimulating new business development and enhancing existing businesses; b. Enhancing pedestrian facilities through sidewalk & walkway improvements; c. Formulating a downtown design plan reflecting the unique marina atmosphere present in our city; d. Exploring the possibility of providing transpor- tation to and from neighborhoods to our business district. A great effort was mounted in the business community to raise funds for the Revitalization Study, and the business community through the Chamber of Commerce requested the City of Des Moines to contribute matching funds. Ultimately, $30,000.00 in public funds and $6,500.00 in funds raised by the business community were contributed to the Revitalization Study. This study was done by R. W. Thorpe and Associates and The Makers. Phase I of the Revitalization Study was rendered to the Des Moines Revitalization Steering Committee and the City of Des Moines on October 30, 1982. The study dealt with a number of subjects related to land use in the Revitalization Area, and the study placed strong emphasis on developing the Revitalization Area as a pedestrian-oriented business community. Phase II of the Revitalization Study was rendered in December, 1982. It concentrated on the need for and the building of a identity for the Revitalization Area. Phase II of the Revitalization Study also emphasized a pedestrian-oriented business community for the Revitalization Study. Public hearings were held before the Des Moines Planning Commission and the Des Moines City Council with respect to adoption of the Revitalization Study. These studies were ultimately adopted as policy by the Des Moines City Council on June 7, -1984. Goals of the Revitalization Study were the development of a viable and centralized downtown business district, development and encouragement of growth of a downtown business district which is expressive of its waterfront location, and providing a more pleasant visual and functional shopping and business district. In connection with the Revitalization Report the City of Des Moines embarked upon a number of projects to imple- ment the recommendations. As of this date these projects are in various stages of development, and include design review process, a new parking code, a landscaping code, a comprehensive sign code, a revision of the permitted uses through a "community commercial" zoning, a revision of BC zone uses, traffic revision projects, and public hearings to determine whether or not adult uses were compatible with the recommendations of the Revitalization Study. Public Comment Relative to Adult Uses in the Revitalization Area. The City Council began public hearings on October 27, 1983 and held additional public hearings on January 12, 1984, February 23, 1984, March 8, 1984, and March 14, 1985. Large numbers of the public testified that the presence of the adult movie theater deterred them from shopping in the Revitalization Area, which they conceived to be a community-oriented and family-oriented pedestrian shopping area. These opinions were based on perceptions of the public that the present use of the theater is a threat to public safety and a threat to family-oriented values. Whether the pre- sence of adult theater constitutes such a threat is immaterial. The impor- tant consideration is that the evidence shows that a significant portion of the public is avoiding the Revitalization Area in its shopping habits because of the existence of the adult movie theater. The public views the Revitalization Area as "downtown" Des Moines, which is the "walking" part of town. Many parents testified that children were forbidden to walk in the Revitalization Area as long as the adult movie theater was there. As pointed out by one City Councilman, whether the public is right or wrong in this regard is immaterial, for the consuming public is not going to do what it doesn't want to do. Members of the public stepped forward to point out that in parts of the state as distant as Eastern Washington the existence of the adult theater in the City of Des Moines is known and is the subject of substantial derisive comment. The public, furthermore, expressed itself in a substantial amount of correspondence to the Des Moines City Council. This correspondence was entered into the public record and expresses an overwhelming public atti- tude that the presence of the adult movie theater deters individuals from shopping in the Revitalization Area. The following samples of public com- ment are representative of attitudes expressed in this massive correspon- dence: 1. Ruth E. Stewart (1-11-84) "... I will never venture into the down town area to patronize a business establishment in its (Des Moines Theater] proxmity." 2. Richard T. Kennedy (10-24-83) "Adult use business activities should be prohibited in the central business district of Des Moines. This area is the economic heart of our city. It is in everyone's best interest to only allow business activities that promote economic health and consumer acceptance. Adult use business activities do not meet these criteria." 3. Mr. & Mrs. Herb Dieterich (2-21-84) "We find the posters and general theme of the theater so offensive and vulgar that we go to Burien to shop instead of patronizing the Circuit Rider Bookstore and the typewriter shop." 4. Mrs. B. A. Serfling (2-20-84) "... I will not go farther South than that because I refuse to walk past the movie building. As an elderly woman, I would feel very insecure in the vicinity of that movie house." 5. Ellena Watson (1-27-84) "I think it is a blight on our com- munity being in the location where it is [The Des Moines Theater]. That block where it is located is one of the most important blocks in our city and it will never be upgraded or revitalized while that theater is there." 6. Judy C. Taylor (2-20-84) "... In the almost eight years my husband and I and our four children have lived in this area I have not once shopped or used any business in the block that the theater occupies. In fact, I have avoided the entire area around the theater. I did this without thought simply because the theater and its advertisements offended me and I did not wish to view them." 7. Hellen H. Johnson (2-21-84) "I am uncomfortable, as a women walking or shopping in the area though I have done it at times. I hesitate to take visitors that far on our main street as it gives a sleazy and unsa- vory impression to strangers." 8. H. C. Christopher, M.D., Resident of Wesley Gardens (3-1-84) "Many of us residents are reluctant to pass adult entertainment sites or to do business in close proxmitity to one, so feel they'should be located in out of the way places and not on main streets." 9. Margaret Christopher (3-1-84) "I avoid that block whenever possible and only go there when it can't be avoided." 10. Mr. & Mrs. Robert K. McGuire (2-20-84) "We thought it would be fun to browse through the little shops further down the street until we noticed the movie titles at the theater. We skip that area now and shop in a more 'family' oriented area. Until a recent Council meeting, we didn't realize that the bookstore close to the theater was not an 'adult' bookstore." 11. Mrs. Julia Neal (3-4-84) .. My shopping habits in Downtown Des Moines are definitely curtailed by the presence of the Des Moines por- nographic theater." 12. Bob Roach, President, Des Moines Chamber of Commerce (4-18-84) "The Board of Directors of the Des Moines - Midway Chamber of Commerce voted unanimous disapproval of the Des Moines Theatre being locates in the downtown area of Des Moines_ The Board felt that the theatre does not lend itself to the quality of life in Des Moines for its young people, senior citizens and families living here. The subject of sex illustrated on posters on the main street of our city does not give Des Moines the type of image that is being pursued by the City of Des Moines and the Board of Directors of the Chamber of Commerce. The Des Moines Theatre is not consistent with the Des Moines Downtown Revitalization Program. With our long range plans of uniform signage, landscaping, zoning and beautification, the theatre does not blend itself in with our total program. Thousands of dollars have already been spent in the planning stages of our revitalization efforts. The Des Moines -Midway Chamber of Commerce encourages the City of Des Moines City -Council to take the necessary steps to solve this issue." Studies of Business Activity in the 22300 block of Marine View Drive. Through its business license records the City Clerk presented to Council a summary of business activity since 1973 in the area of Marine View Drive in close- proximity to the adult theater. The adult theater is located at 22331 Marine View Drive. At 22333 Marine View Drive there have been eight (8) different businesses between 1973 and 1983. On the other side of the adult theater at 22325 Marine View Drive there have been four (4) separate businesses during that period of time. A similar pattern exists throughout the entire West side of the 22300 block of Marine View Drive. At 22303 there have been four (4) businesses, at 22307 there have been four (4) businesses, at 22315 there have been four (4) businesses during this period of time. Independent Professional Studies In addition to the general Revitalization Area Study, the City Council commissioned a separate study by R. W. Thorpe and Associates, Inc. to report specifically on the impact of adult uses in the Revitalization Area. This report was based on a number of sources, including general planning literature with respect to the impact of adult uses on land use planning, studies and ordinances from other communities, some of which were in close proximity to the City of Des Moines and others national in scope, site visitations to communities experiencing land use issues as related to adult uses, and professional evaluations, conclusions and recommendations. This study suggests that there appears to be a definite impact of adult uses -on adjacent land uses, including turnover of tenants, deferred main- tenance, and functional obsolescence. The report states that the improve- ment or decline of business areas or neighborhoods has been well documented in many planning studies as having both physical and "perceived" elements. If there is a perception that an area is improving a tendency exists on the part of other owners and tenants to participate in such revitalization, and conversely if the perception exists that an anchor use is creating a decline in property values or image, there is a tendency to defer main- tenance, defer upgrading of building, and less emphasis is placed on adja- cent properties as they relate to a general investment portfolio. Turnover of tenants and decline of real estate values occur in uses in close proxi- mity to adult uses. The perception of the public is that adult uses are incompatible with residential, religious, educational and recreational uses where minors may meet collectively. City of Des Moines Staff Studies Revitalization Area History Through implementation of Ordinance No. 464 (Community Impact Studies) City staff has acquired substantial planning information on the impact of adult.businesses on adjacent "family-oriented" business activi- ties. These studies suggest a general incompatibility of the two, espe- cially in a pedestrian -oriented setting. 11 1 1 1 1 1 1 1 1 1 1 1 Planning studies, the proposed revision of uses in the Revitalization Area, numerous traffic revision experiments and projects and the general trend of development in the Revitalization Area establish conclusively that conditions have substantially changed in the Revital- ization Area in the past fifteen years. In 1971 Marine View Drive could be characterized as an underdeveloped, auto -oriented state highway link bet- ween Burien and the Midway -Zenith area. In 1971 the area west of Marine View Drive consisted substantially of non-developed areas, under -developed areas, and deteriorating single family non -conforming uses which were clearly in transition to commercial and multi -family uses. In 1971 pedestrian facilities were practically non-existent in the Revitalization Area. Today, through policy of the City Council requiring sidewalks or walkways as a condition of construction, and expenditure of public funds in building walkways, the entire Revitalization Area is linked by pedestrian access. Today, Marine View Drive has become developed to a substantially higher degree and the businesses found there are overwhelmingly of a general population nature. Today, the area west of Marine View Drive contains quality housing, quality general population businesses, and is continuing to develop. The memorandum of the City Attorney establishes that the type of use found at the Des Moines Theater may be a use protected by the First Amendment. The United States Constitution protects and promotes the free exchange of ideas and artistic expression, and local government is forbid- den from suppressing such activities. However, local government is not without authority to protect the character and quality of residential life in its neighborhoods and further a compelling governmental interest through sound land -use policies. CONCLUSIONS _ From the foregoing Findings, the City Council draws the following conclusions: 1. Conditions in the Revitalization Area have substantially changed since 1971. 2. The presence of the adult move theater at its present location is substantially retarding the projected development of the Revitalization Area and substantially contributes to blight, deterioration, deferred main- tenance, business failures and a general unwillingness of property owners in its general vicinity to participate financially in upgrading the area. 3. The City Council directs the City Administration to conduct research to determine if areas exist in the City of Des Moines which constitute reasonable and practical alternatives for the location of the adult theater in a manner which does not place any burden on the potential viewer or deter free expression. 5.48.010 Chapter 5.48 ADULT ENTERTAINMENT Sections 5.48.010 5.48.020 5.48.030 5.48.040 5.48.050 5.48.060 5.48.070 5.48.080 5.48.090 5.48.100 5.48.110 5.48.120 5.48.130 5.48.140 5.48.150 5.48.160 5.48.170 5.48.180 5.48.190 Definitions. License for business required — Fee. License for managers and entertainers required — Fee. Due date for license fees. Renewal of license, registration, or permit — Late penalty. License applications. Manager on premises. License nontransferable. License — Posting and display. License — Name of business and place of business. Adult entertainment business license — Revocation. Permit — Revocation or suspension. License — Sale, transfer, or relocation. Standards of conduct and operation. Business hours. Public nuisance. Violation — Penalty. Additional enforcement. Minimum age of patrons — Violation — Penalty. 5.48.010 Definitions. (1) Use of Words and Phrases. As used in this chapter, unless the context or subject mat- ter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings. (2) "Adult entertainment" includes adult entertainment facilities defined in the zoning code and an exhibition or dance of any type conducted in premises where the exhibition or dance involves a person who is unclothed or in such attire, costume, or clothing as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals. (3) "Employee" means all persons, including entertainers and independent con- tractors, who work in or at or render services directly related to the operation of a public place of amusement, that offers, conducts, or maintains adult entertainment. (Revised 10/93) 5-38 (4) "Entertainer" means a person who pro- vides adult entertainment within a public place of amusement as defined in this section whether or not a fee is charged or accepted for the entertainment. (5) "Entertainment" means an exhibition or dance of any type, pantomime, modeling, or any other performance. (6) "Manager" means a person appointed by the operation who manages, directs, admin- isters, or is in charge of, the affairs and/or the conduct of any portion of any activity involv- ing adult entertainment occurring at any place offering adult entertainment. (7) "Operator" means a person operating, conducting, or maintaining an adult entertain- ment business. (8) "Public place of amusement," "public amusement/entertainment," and "public enter- tainment" mean an amusement, diversion, entertainment, show, performance, exhibition, display, or like activity, for the use or benefit of a member or members of the public, or advertised for the use or benefit of a member of the public, held, conducted, operated or maintained for a profit, either direct or indi- rect. [Ord. 1050 § 1, 1993: Ord. 746 § 2, 1988.] 5.48.020 License for business required — Fee. (1) No public place of amusement, includ- ing but not limited to places which offer adult entertainment, shall be operated or maintained in the city unless the owner or lessee thereof has obtained a license from the city clerk; pro- vided, however, that it is unlawful for an enter- tainer, employee, or operator to knowingly work in or about, or to knowingly perform any service directly related to the operation of an unlicensed public place of amusement/enter- tainment. (2) The annual fee for such a license is $750.00. (3) This license expires annually on December 31st and must be renewed by Janu- ary 1st. (4) There is no prorating of the fee. (5) The applicant must be 18 years of age or older. [Ord. 746 § 3, 1988.] Des Moines Municipal Code 5.48.060 5.48.030 License for managers and entertainers required — Fee. (1) No person shall work as a manager or entertainer at a public place of amusement offering adult entertainment without having first obtained a manager's or an entertainer's license from the city clerk pursuant to DMMC 5.48.060. (2) The annual fee for such a license shall be $200.00. (3) This license expires annually on December 31st and must be renewed by Janu- ary lst. (4) There will be no prorating of the fee. (5) The applicant must be 18 years of age or older. [Ord. 746 § 4, 1988.] 5.48.040 Due date for license fees. All licenses required by DMMC 5.48.020 must be issued and the applicable fees are due and payable to the city clerk at least 14 calen- dar days before the opening of the adult enter- tainment business. [Ord. 746 § 5, 1988.] 5.48.050 Renewal of license, registration, or permit Late penalty. A late penalty shall be charged on all appli- cations for renewal of a license, received later than 10 calendar days after the expiration date of such license. The amount of such penalty is fixed as follows: (1) For a License requiring a fee of $.50 or more, but less than or equal to $200.00, 20 per- cent of the required fee; (2) For a license requiring a fee of more than $200.00, 10 percent of the required fee. [Ord. 746 § 6, 1988.] 5.48.060 License applications. For the purposes of this chapter, the words "license" and "permit" shall be considered coextensive terms. (1) Public Adult Entertainment License. All applications for a public amusement/enter- tainment license for places which offer adult entertainment shall be submitted in the name of the person or entity proposing to conduct such public amusement/entertainment on the business premises and shall be signed by such person and notarized or certified as true under 5-39 penalty of perjury. All applications shall be submitted on a form supplied by the city clerk, which shall require the following information: (a) The name, home address, home telephone number, date and place of birth, driver's license number, if any, and Social Security number of the applicant if the appli- cant is an individual; (b) The business name, employer identification number, address, and telephone number of the establishment; (c) The names, addresses, telephone numbers, and Social Security numbers of any partners, including limited partners, corporate officers, shareholders who own 10 percent or more of the business, or other persons who have a substantial interest or management responsibilities in connection with the busi- ness, specifying the interest or management responsibility of each. For the purpose of this subsection "substantial interest" means owner- ship of 10 percent or more of the business, or any other kind of contribution to the business of the same or greater size; (d) Terms of any loans, leases, secured transactions, and repayments therefor relating to the business; (e) Addresses of the applicant for the five years immediately prior to the date of application; (f) A description of the adult entertain- ment or similar business history of the applicant; whether such person or entity, in previously operating in this or another city, county, state, or country has had a business license revoked or suspended, the reason therefor, and the activity or occupation subse- quent to such action, suspension or revocation; (g) Any and all criminal convictions or forfeitures other than parking offenses or minor traffic violations including dates of con- viction, nature of the crime, name and location of court and disposition for each owner, part- ner or corporation; (h) A description of the business, occupation, or employment of the applicant for the three years immediately preceding the date of application; (i) Authorization for the city, its agents, and employees to seek information to 5.48.060 confirm any statements set forth in the applica- tion; pplication; (j) Supplemental identification and/or information necessary to confirm matters set forth in the application. (2) Manager or Entertainer License. A separate license shall be obtained for each and every establishment at which the applicant will practice. All applications for a manager's 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 clerk, which shall require the following infor- mation: (a) The applicant's name, home address, home telephone number, date and place of birth, fingerprints taken by the city clerk, Social Security number, and any stage names or nicknames used in entertaining; (b) The name and address of each business at which the applicant intends to work; (c) The applicant shall present docu- mentation that he or she has attained the age of 18 years. Any of the following shall be accepted as documentation of age: (i) A motor vehicle operator's license issued by any state bearing the appli- cant's photograph and date of birth; or (ii) A state -issued identification card bearing the applicant's photograph and date of birth; or (iii) A valid passport bearing the applicant's photograph and date of birth; (d) A complete statement of all con- victions of the applicant for any misdemeanor or felony violations in this or any other city, county, state, or country, except parking viola- tions or minor traffic infractions; (e) A description of the applicant's principal activities or service to be rendered; (f) Resident addresses and telephone numbers for five years immediately prior to the date of application specifying the period of residence at each address; (g) The name and address of employ- ers or individuals or businesses for whom the applicant was an employee or independent contractor for the three-year period immedi- 5-40 ately prior to the date of application, including the period of employment; (h) Supplemental information and/or identification deemed necessary by the clerk or her or his designee to confirm any state- ments set forth in the application; (i) Authorization for the city, its agents and employees to investigate and con- fine any statements set forth in the application. (3) If any person or entity acquires, subse- quent to the issuance of a public amusement/ entertainment license for places offering adult entertainment, a substantial interest in the licensed premises, immediate notice of such acquisition shall be provided in writing to the city clerk, and in no event, not later than 21 days following such acquisition. Further, the person or entity acquiring such an interest shall furnish to the city clerk such equivalent infor- mation as if they were an applicant for an orig- inal license under this chapter. The information required to be provided pursuant to this subsection shall be that information required pursuant to subsections (1) and (2) of this section. (4) Copies of an application shall, within five calendar days of receipt thereof, be referred by the city clerk to the city manager, planning, building, fire district, or other appro- priate departments. The departments shall, within 30 business days, inspect the applica- tion, the premises proposed to be operated as an adult entertainment place and shall make written verification to the city clerk that such premises complies with the codes of the city. No license may be issued without such verifi- cation. The application shall also be referred to the police department for a criminal records check and verification of the information pro- vided by the applicant on the application for a license. (5) Upon completion of the investigation and review by the departments, a review of the recommendations and verifications, and a determination that all matters contained in the application are true and correct and that this chapter has been complied with, the city clerk shall issue such license applied for in accor- dance with the provisions of this chapter; pro- vided, however, that the applicable license fee, J-6 Des Moines Municipal Code 5.48.140 together with any delinquent fees that .may then be due shall first be paid to the city. [Ord. 746 § 7, 1988.] 5.48.070 Manager on premises. A licensed manager shall be on the prem- ises of a public place of amusement at all times that adult entertainment is being provided. [Ord. 746 § 8, 1988.] 5.48.080 License nontransferable. No license or permit shall be transferable. [Ord. 746 § 9, 1988.] 5.48.090 License — Posting and display. (1) Every adult entertainer shall post his or her permit in his or her work area so it is readily available for public inspection. (2) Every person, corporation, partner- ship, or association licensed under this chapter shall display such license in a prominent place. The name of the manager on duty shall be prominently posted during business hours. [Ord. 746 § 10, 1988.] 5.48.100 License — Name of business and place of business. No person granted a license pursuant to this chapter shall operate the adult entertain- ment business under a name not specified in his/her license, nor shall he/she conduct busi- ness under any designation or location not specified in his/her license. [Ord. 746 § 11, 1988.] 5.48.110 Adult entertainment business license — Revocation. Any license issued for an adult entertain- ment business may be revoked or suspended by the city council after notice of not less than 10 calendar days, and a subsequent hearing for good cause, or in any case where any of the provisions of this chapter are violated, or where any employee of the licensee is engaged in any conduct which violates any state or local laws or ordinances at licensee's place of busi- ness and of which the licensee has actual or constructive knowledge. Such permit may also be revoked or suspended by the city council after notice and hearing, upon the recommen- 5-41 dations of the city health official that such business is being managed, conducted, or maintained without regard to proper sanitation and hygiene. [Ord. 746 § 12, 1988.] 5.48.120 Permit — Revocation or suspension. An adult entertainment manager or enter- tainer license issued by the city clerk shall be revoked or suspended where it appears that the holder has procured such license by fraud, material misstatement, or omission or by other deceptive means, or has committed an act in violation of this chapter. [Ord. 746 § 13, 1988.] 5.48.130 License — Sale, transfer, or relocation. Upon sale, transfer, or relocation of an adult entertainment business, the license there- for shall be null and void; provided, however, that upon the death or incapacity of the lic- ensee or any colicensee, any heir or devisee of a deceased licensee, or any guardian of an heir or devisee of a deceased licensee may continue the adult entertainment for a reasonable period of time not to exceed 60 calendar days to allow for an orderly renewal of the license, if such new licensee fulfills all requirements of this chapter. [Ord. 746 § 14, 1988.] 5.48.140 Standards of conduct and operation. (1) The following standards of conduct must be adhered to by employees of any public place of amusement which offers, conducts, or maintains adult entertainment: (a) No employee or entertainer shall be unclothed or in such attire, costume, or clothing so as to expose to view any portion of the breast below the top of the areola or of any portion of the pubic region, anus, buttocks, vulva, or genitals except as provided for in subdivision (e) of this subsection and subsec- tion (3)(c) of this section. (b) No employee or entertainer min- gling with the patrons shall be unclothed or in such attire, costume, or clothing as described in subdivision (1) of this subsection. (c) No employee or entertainer shall encourage or knowingly permit any person 5.48.140 upon the premises to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person. (d) Except as provided in subdivision (e) of this subsection and subsection (3)(c) of this section, employees or entertainers not in conformance with subdivision (a) of this sub- section shall not perform acts of or acts which simulate: (i) Sexual intercourse, masturba- tion, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are pro- hibited by law; or (ii) The touching, caressing, or fondling of the breasts, buttocks, or genitals; or (iii) The displaying of the pubic region, anus, buttocks, vulva, or genitals. (e) No employee or entertainer shall be unclothed or in such attire, costume, or clothing so as to expose to view any portion of the breast below the top of the areola, or any portion of the pubic region, vulva, or genitals, anus, and/or buttocks exposed to view except upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. (f) No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this subsection. (g) No employee or entertainer shall remain in or upon the public place of amuse- ment who exposes to public view any portion of his or her genitals or anus except as expressly provided for in subdivision (e) of this subsection and subsection (3)(c) of this section. (h) No entertainer of any place offer- ing adult entertainment shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, on the premises. (i) No entertainer at a place offering adult entertainment shall demand or collect all or any portion of a fee from a patron for enter- tainment before its completion. (j) A sign shall be conspicuously dis- played in the common area of the premises, and shall read as follows: 5-42 THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF DES MOINES; ENTERTAINERS ARE: a. Not permitted to engage in any type of sexual conduct; b. Not permitted to be unclothed or in such attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, any portion of the pubic region, but- tocks, genitals or vulva and/or anus ex- cept upon a stage at least eighteen inches from the immediate floor level and removed at least six feet from the nearest patron; and c. Not permitted to demand or collect all or any portion of a fee from a patron for entertainment before its comple- tion. (2) At any public place of amusement which offers, conducts, or maintains adult entertainment, the following are required: (a) Admission must be restricted to persons of the age of 18 years or more; and (b) Neither the performance nor any photograph, video, drawing, sketch, or other pictorial or graphic representation thereof dis- playing any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals, and/or anus may be visible outside of the public place of amuse- ment so Licensed. (c) Sufficient lighting shall be pro- vided in and about the parts of the premises which are open to and used by the public so that all objects are plainly visible at all times. (3) This chapter shall not be construed to prohibit: (a) Plays, operas, musicals, or other dramatic works which are not obscene; (b) Classes, seminars, and lectures held for serious scientific or educational pur- poses; or Des Moines Municipal Code (c) Exhibitions or dances which are not obscene. (4) For purposes of this chapter, an activ- ity is `obscene" if: (a) Taken as a whole by an average person applying contemporary community standards the activity appeals to a prurient interest in sex; (b) The activity depicts patently offen- sive representations according to Des Moines community standards of (i) Ultimate sexual acts, normal or perverted, actual or simulated; or (ii) Masturbation, fellatio, cunni- lingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture; and (c) The activity taken as a whole lacks serious literary, artistic, political, or scientific value. (5) For purposes of this chapter, an activ- ity is "dramatic" if the activity is of, relating to, devoted to, or concerned specifically or pro- fessionally with current drama or the contem- porary theater. [Ord. 746 § 15, 1988.] 5.48.150 Business hours. No public entertainment shall be con- ducted between the hours of 2:30 a.m. and 10:00 a.m. [Ord. 746 § 16, 1988.] 5.48.160 Public nuisance. An adult entertainment business operated, conducted, or maintained contrary to the pro- visions of this chapter or a law of the city or state shall be, and the same is, unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action under this chapter, commence an action or actions, for the abatement, removal, and enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have juris- diction to grant such reliefs as will abate or remove such adult entertainment business, and restrain and enjoin any person from operating, conducting, or maintaining an adult entertain - 5 -43 5.48.190 trent business contrary to the provisions of this chapter. [Ord. 746 § 17, 1988.] 5.48.170 Violation — Penalty. (1) No person, except those persons who are specifically exempted by this chapter, whether acting as an individual owner, opera- tor, employee, or agent or independent con- tractor for the owner, employee, or operator, or acting as a participant or worker in any way directly or indirectly who works in or operates an adult entertainment business, or any of the services defined in this chapter shall conduct the same without first obtaining a license or permit, and paying a fee to do so, from the city. (2) A violation of or failure to comply with this section is a class 1 civil infraction. [Ord. 1009 § 41, 1993: Ord. 746 § 18, 1988.] 5.48.180 Additional enforcement. Notwithstanding the existence or use of any other remedy, the city may seek Iegal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any business license ordinance or other reg- ulations adopted in this code. [Ord. 746 § 19, 1988.] 5.48.190 Minimum age of patrons — Violation — Penalty. (1) No person under the age of 18 years shall loiter in or about, or be found in a public place of amusement offering adult entertain- ment. (2) No person shall allow a person under the age of 18 years to enter or remain upon the premises where adult entertainment is offered. (3) A violation of or failure to comply with this section is a class 1 civil infraction. (4) If a greater minimum age is specified by state law then such provision shall prevail as to enforcement of state law. [Ord. 1009 § 42, 1993: Ord. 746 § 20, 1988.] (Revised 4193) City of im: m c Bellevue `',,:44M-• UUUJO / U MEMORANDUM Date: January 11, 1988 FRED NO. J ,C� CTY OF SEL VUE To: City Council Members DATE,'S S� From: Bruce Freeland, Planning Director '= are C �K Subject: Location of Adult Entertainment Uses - Background Material 0.....c0, 3 7G Attached please find the.background materials described in the agenda memo for the ordinance to regulate the location of adult entertainment uses. Each of the attached items is labeled as follows: A. Part One of the study which provided background material on regulating the location of adult entertainment uses. 8. The staff to Planning Commission memo of 9/22/87 which responded to definitional issues raised at the Planning Commissi'on's Public Meeting of 9/16/87. Also included are minutes for that meeting. C. The staff to Planning Commission memo of 10/9/87 which responded to Planning Commission's questions raised as a result of Part One of the study and the public meeting. Also included is Part Two of the study which contains staff's conclusions and recommendations. D. The staff to Planning Commission memo of 10/29/87 which related to conditional use permit requirements as well as the segregation of adult materials. E. A bibliography which lists all the materials made available for review by the Planning Commission. (The material listed in the file is also available for your review and is located in the Council office.) Should you have any questions, please contact me or Rob Odle at 455-6880. BF:jb Attachments cc: Adult Entertainment File TABLE OF CONTENTS PART I • INTRODUCTION PAGE 1• SCOPE AND DEFINITION 2 LEGAL BASIS FOR REGULATIONS 6 SECONDARY LAND USE IMPACTS 8 TYPES OF REGULATIONS 12 ADJACENT CITIES REGULATIONS 15 THE CURRENT SITUATION IN BELLEVUE 18 PART II 21 BIBLIOGRAPHY 22 APPENDIX I 25 MINUTES•FROM PUBLIC MEETINGS - JUNE 1987 • D 2612k INTRODUCTION The purpose of this study is to provide an information base on adult entertainment uses to aid the Planning Commission in their deliberations an the need to regulate the location of adult entertainment uses. Part I of this study, which is composed of background information, will be presented to the Planning Commission prior to their September 16th public meeting. At this public meeting, the public will provide their comments on the need and type of regulations that may be adopted for adult entertainment uses. At a subsequent Planning Commission meeting, staff will present Part II of the study, which will include an analysis and recommendation as to the need for regulation and the form that any necessary regulation should take. The United States Supreme Court in The City of Renton vs. Playtime Theatres Inc. (U.S. 89 L.Ed.29, S.Ct. (1986)) recently upheld the City's authority to develop zoning regulations specifically for the location of adult entertainment uses. In addition to this determination that a regulation can not effectively ban such uses, the Court identified three factors which are critical in the preparation of such a regulation: that the regulation deal with only the secondary effects of adult entertainment uses; that the experiences of other cities can be used in developing this regulation; and that cities can choose the form of regulation which is appropriate for that particular city, even if the city cited used a different regulatory approach. In order to provide the appropriate information in a logical manner to the Planning Commission, this study will follow a format of responding to each of these factors. Part I of this study will privide a general background on the issue of regulating the location of adult entertainment uses and then will discuss the secondary impacts of such uses. Next, the experiences of other communities will be discussed. Part I will conclude with a description of the current situation in Bellevue. Part II (to be presented at a later date) will address the third factor, the appropriate form of regulation within Bellevue (if necessary). Included with Part I is a bibliography listing studies, articles, correspondence and reference materials from adjacent municipalities. All materials listed in the bibliography are available on file at the City of Bellevue Planning Department. Also included in Part I, as Appendix I, are the minutes from two public hearings, conducted by City of Bellevue staff, concerned with regulating the location of adult entertainment uses. • -1- 3 SCOPE AND DEFINITIONS Generally adult entertainment uses are those uses which cater to adults' interest in sex. Adult entertainment uses generally are grouped into three categories: adult theatre (which includes movie theatres, drive—ins, peep shows and panorams as well as live entertainment and dance halls/cabarets); ' adult retail stores such as bookstores, video rentals and novelty stores; and adult services such as massage parlors,•bathhouses and saunas. Currently in Bellevue, with the exceptions listed below, adult uses are treated no . differently than all other uses. Such uses are currently permitted or conditionally permitted in the following zones. USE - ZONES PERMITTED WITHIN • Adult Theatre Adult Retail Adult Services Off ice — Limited Business, Community Business and all CSD zones (drive—ins only in Light Industrial, General Commercial and Community Business) Office — Limited Business, Community Business and all CSD zones Office — Limited Business, Light Industrial, General Commercial, Neighborhood Business, Community Business and all C30 zones Certain of the above described adult uses or their possible effects are regulated in Bellevue through either the Bellevue City Code (BCC) or the Revised Code of Washington (RCW). These regulations and their effects are described below. RCW 7.48 A, entitled Moral Nuisances, provides a right of civil action for the exhibition of nonorotected adult materials. For constitutional purposes, "adult materials" can be divided into two categories, protected and nonprotected materials. Nonprotected materials can be regulated to the extent desired, even banned completely. Protected materials, however, even though objectionable, may be only regulated as to the time, manner, or place of their dissemination. In order to lose constitutional protection, adult material must: (1) depict or describe patently offensive explicit sexual acts, (2) which an average person, when applying contemporary community standards, would find appeal to the prurient interest and (3) lack any serious literary, artistic, political or scientific value. This chapter represents the enforcement vehicle for the regulation of nonprotected adult material in the State of Washington. RCW 9.68, entitled Obscenity and Pornocraohv, addresses the sale of protected adult material to minors. It is a criminal statute. The statute defines such "erotic material" as: Printed material, photographs, pictures, motion pictures, and other material the dominant theme of which taken as a whole appeals to the prurient interest of minors in sex; which is patently offensive because it affronts contemporary community standards relating to description or representation of sexual matters or sadomasochistic abuse; and is utterly without redeeming social value. A STUDY ON THE HEED TO REGULATE • THE LOCATION OF ADULT ENTERTAINMENT USES PART I CITY OF BELLEVUE PLANNING DEPARTMENT SEPTEMBER, 1987 • A 5- The definition of erotic material above, although very similar to the (efinition of nonprotected adult materials, is different In one important respect.• It is defined in terms of the prurient interest of minors. Thus, the definition attempts to address material which, though not reaching the threshold of nonprotection, is considered inappropriate for minors. Before any material may be regulated under this chapter, the County Prosecutor must first apply to the superior court for a hearing to determine the character of the material and serve notice of the hearing upon the distributor of the material. If the material is determined erotic by the court, the regulations take effect. If the material is printed material, then an "adults only" label printed in 48 point bold face type must be affixed to the material. Once designated, that material may not be displayed publicly or in any manner which makes it readily accessible to minors; nor may it be sold to minors. If the material is a motion picture, the motion:picture and any advertisement must be labeled "adults only," and a sign stating "adults only" must be displayed at the theater. Likewise, the exhibitor may not sell tickets to minors and must display a sign at the ticket window stating that it is unlawful for minors. to misrepresent their age. RCYI 9.68 also regulates exhibition of "sexually explicit material" upon a viewing screen that is easily visible from public areas (e.g., drive-ins). BCC 5.28, entitled Massage Parlors and Public Bathhouses, licenses the use of such establishments in the City of Bellevue. However, the ordinance makes no distinction between ."adult" and other such establishments, but merely sets forth licensing requirements. The ordinance, however, does address problems associated with "adult" massage parlors and bathhouses. First, the ordinance requires that anyone applying for issuance or renewal of a license for such an establishment must submit -to a police record investigation and fingerprinting; a license can be suspended, revoked, or refused to be renewed on the basis of conviction of any crime involving moral turpitude, or a conviction of violating a federal, state or local law relating to sex offenses. Secondly, the ordinance prohibits admitting any prostitute, lewd or dissolute person upon the premises. 8CC 5.44, entitled Panoram Devices, addresses problems associated with "peep shows." The ordinance provides for licensing of such facilities and includes regulations which address problems associated with them: (1) all panoram booths must be visible from one continuous hall, (2) any door or curtain on the booths must be at least 42 inches from the floor, (3) no doors may be locked during operating hours, and (4) premises must be adequately Illuminated. The ordinance is not content oriented and is not limited to facilities exhibiting adult material. BCC TOA.88, entitled Offenses Aaainst Public Morals, addresses public physical acts which are obscene. It is a criminal ordinance. Covered under this ordinance are such things as public nudity and lewd behavior, erotic dancing, and prostitution. BCC 5.06 and BCC 5.08 deal with the licensing of Public Dances and Dance Halls (5.06) and Cabarets (5.08). Both regulations provide mechanisms for the suspension or revocation of the licenses for similar activities as those -3- described for Massage Parlors and Public Bathhouses. BCC 5.06 also deals with teenage dance halls. RCW 67.12, entitled Dancina and Dance Halls - Billiards. Pool and Bowline, regulates public dance halls. Entrants' ages are restricted to eighteen or above without the escort of a parent or guardian. Hours of operation are limited and immoral, indecent, suggestive or obscene dance is prohibited. As the permissible content of and activities within adult uses are defined on the federal and state level and since certain adult uses (massage parlors and dance halts) are already sufficiently regulated (to mitigate their secondary impacts) on the state and local level, staff recommends that this study deal only with the location of adult theatres and adult retail uses. Therefore. for the purposes and scope of this study and review, staff recommends that the uses to be considered for regulation be limited to Adult Motion Picture Theatres and Adult Retail Establishments. Further, for this study the following definitions will be utilized: ADULT MOTION PICTURE THEATER: An enclosed building or drive-in facility used for the commercial presentation of motion picture films, video cassettes, cable television, or any other such visual material, whose content is characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. Panoramas, picture arcades, and peep shows are included in this definition. ADULT RETAIL ESTABLISHMENT: An establishment engaged in the sale of goods in which ten percent or more of the "stock in trade" is characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas." Items that are part of the stock in trade may include all or some of the following: books, magazines, posters, pictures, periodicals, or other printed matter; prerecorded video tapes, discs, or other such medium; instruments, devices or paraphernalia. STOCK IN TRADE: A commercial establishment's total merchandise kept on hand which is openly displayed. SPECIFIED SEXUAL ACTIVITIES: I. Acts of human masturbation, sexual intercourse or sodomy; Z. Fondling, or other erotic touching of human genitals, pubic region, buttock or female breast; and 3. Human genitals in a state of sexual stimulation or arousal. -4- SPECIFIED ANATOMICAL AREAS: 1. Less than completely and/or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; and 2. Human male genitals in a discernably turgid state,•even-if completely or opaquely covered. Having now described the type or uses that this study will review, it is appropriate to describe the legal basis for regulating the location of adult entertainment uses. -4- LEGAL BASIS FOR REGULATION Cities in Washington State have the authority to regulate land use impacts and development through the state constitution and the Revised Code of Washington. While this authority allows cities to regulate the location of adult land uses (as upheld in City of Renton vs. Playtime Theatres Inc., the federal constitution prevails in the regulation of the content of adult entertainment publications, films and personal conduct. Many materials or activities which may be considered to be pornographic are within the protection of the First Amendment, which prohibits laws "abridging freedom of speech, or of the press." This protection prevents the regulation of the content of such materials or activities as protected speech. However, this protection does not extend to materials which are determined by the appropriate court to be obscene. Although the City cannot regulate the content of printed or visual materials, or performances,:it may make reasonable regulations concerning the time, place or manner of their exhibition. In addition, as free speech is guaranteed by the federal constitution, land use regulations cannot have the effect of excluding certain adult materials. However, regulations which seek to mitigate the secondary effects of adult entertainment uses have been held zo be valid. Such secondary effects include: increased crime, reduction in property values, deterioration of the quality of the environment of neighborhoods, lessening of the suitability of certain areas for children, seniors or other groups, or increased municipal expenses such as for police services. In Northend Cinema. Inc. vs. City of Seattle, 90 Wn.2d.709, 585 p.Zd 1153 (1978), the Washington State Supreme Court upheld an ordinance restricting adult theaters to a certain area of the city (and putting two In other locations out of business). This regulation was based on the determination that the motion pictures were not harmful, but their secondary impacts on the surrounding neighborhoods were. In Schad vs. Mt. Ephraim (452 U.S. 61, 68 L.Ed. 671, 101A. Ct 2176 (1981)), three tests were established to measure the constitutionality of adult land use regulations: 1. The regulation must be no greater than the minimum necessary to further the governmental interest; and 2. The City must use the least intrusive method found to regulate this conduct; and 3. The regulation cannot be so restrictive as to constitute an actual ban on the activity. However, it is the City of Renton vs. Playtime Theaters decision which most clearly gives authority to cities to regulate the location of adult uses. In Playtime, supra, the Supreme Court upheld a Renton zoning ordinance which prohibited adult motion picture theatres from locating within 1,000 feet of any residential zone, single or multifamily dwelling, church, park or school. The ordinance was upheld as a valid form of "content -neutral" regulation of time, place, and manner of expression. However, the court did identify factors that were critical to their favorable review: 1) that the ordinance did not ban adult theatres totally within the area, 2) that the City Council's predominant concern was with the secondary effects on the surrounding -6- community and not with the content of the films themselves, 3) that the City fas entitled to rely on the experience of other cities (e.g. a Seattle study) .n enacting the ordinance, and finally, 4) that the City's choice of a different method of adult theatre zoning to combat the secondary effects of adult theatres did not call into question either the City's identification of those secondary effects or the relevance of the other city's experience. Therefore, it is permissible, as long as the various tests are met, for the City of Bellevue to enact regulations concerning the location of adult entertainment uses.. Further, the City can utilize the experiences of other communities as a basis for enacting such legislation even if there are no secondary effects currently being created by any adult entertainment uses now in the city. In other words, the legislation can be preventive and not just corrective. • -7- SECONDARY EFFECTS •As was mentioned earlier, adult entertainment regulations must seek to mitigate the secondary impacts of the uses. The purpose of this section is to examine the experience of other communities and the literature on the subject in order to ascertain these secondary impacts. Although much of the data and experience with adult uses is taken from other jurisdictions, their implications to Bellevue are significant. incidence of Crime While it can be debated whether exposure to pornography causes delinquent or criminal behavior (please see the bibliography for research studies), police research, as described below, shows a linkage between crime rates and areas which contain concentrations of adult entertainment uses (also see the bibliography for further research). For example, between 1969 and 197Z, the number of adult theaters in the City of Detroit increased from 2 to 18 and the number of adult bookstores rose from 2 to 21. During the same period, the incidence of crime in and around these establishments increased dramatically, although hard data on the actual numbers is hidden in gross criminal statistics. The high incidence of crime together with the blighting or skid row effect of proliferating adult businesses led Detroit in 1972 to adopt stringent locational regulations for adult uses. Similar to Detroit, the City of Cleveland experienced a rapid increase of adult uses during the early 1970`s. Unlike Detroit, Cleveland kept detailed crime statistics by census tract and by location of adult businesses. In 1976, 26 adult businesses (8 theaters and 18 bookstores) were located in Cleveland's 204 census. tracts. The same year, the two census tracts having the highest rates of crime had a total of 8 pornography outlets. Cleveland Police statistics showed that during 1976 there was an average of 20.5 robberies per census tract. In the 15 census tracts which contained adult businesses, the average was nearly double at 40.5 robberies. A single census tract which contained 5 pornography outlets and a population of only 730 persons had a total of 136 robberies. The statistics for rape echoed the same pattern as for robbery. The citywide average of rape in Cleveland in 1976 was 2.4 per census tract. In the 15 census tracts containing pornography outlets, the rata was double that. The City of Kent, Washington had similar experiences with the Roadside Inn Tavern. Prior to its forced closing, the Roadside Inn offered topless dancing and table dancing in conjunction with its selling of alcoholic beverages. - Kent police investigations conducted in the summer of 1981 revealed a very high incidence of criminal activity at the Roadside, related primarily to sex crimes (prostitution) and drug related offenses. As a result of 57 hours of on -premise investigation, 162 charges were brought against 21 persons by the Kent Police Department. The report filed by the police stated: "The total time involved, and the number of charges, break down to a time expenditure of slightly more than 20 minutes per charge, attesting to the relative ease by which the subject of prostitution arises within an environment such as the Roadside." In September, 1981, the Roadside Inn Tavern was closed by the City of Kent. -8- l1 13othell's experiences with Mama Hoopah's in 1982 demonstrated similar .ssociation between the use (an adult dance hall) and the occurrence of crime. Research by the Bothell Police Department also demonstrated the regional attraction that such an establishment can have. In one investigation of the 321 vehicles checked, 8,were registered in Bothell with• most of the remainder from the Puget Sound region, though others had out of state registration. This is potentially significant in that nonresidents of an area may be less inhibited in their personal -behavior when away from their community. Nonresidents may also be unaware of the needs or concerns of. residents/owners of.areas adjacent to the adult entertainment use. Although crime statistics and police records seem to point to a connection between adult (primarily pornographic) uses and illicit behavior, psychological and behavioral studies attempting to link the two are more guarded. In 1970, the Presidential Commission on Obscenity and Pornography issued its final report which found no evidence to support the theory that exposure to explicit sexual materials plays a major role in causing delinquent or criminal.behavior. Since then, there has been a significant debate as to the linkage with the Meese.Commission's concluding that there is a linkage. This debate leads to the conclusion that while police records identify a clear linkage between the incidence of criminal activity near and in association with some adult uses, there is no clear concensus• that exposure to pornography causes people to become criminals. Impacts to Property Values Many times adult uses are incompatible and inappropriate when adjacent to certain other land uses. A predictable result of such a situation is a reduction in property values in certain cases. This expectation was borne out in a recent telephone survey of real estate appraisers conducted by the Kent Planning Department. In this survey, all appraisers cautioned that each case must be evaluated individually and according to its particular circumstances. Nevertheless, the majority of appraisers agreed that the impact of adult uses on residential property values is probably negative although no general rule can be applied. One appraiser estimated that the adverse effect could be as much as one to three percent of the property's total value. The total effect on property value depended on several factors including proximity to the adult use, exterior building appearance and condition of the adult business, neighborhood characteristics, among other factors. This survey also stated that there was also a consensus among appraisers on the effects of adult uses on commercial properties. As a general rule, most appraisers felt that in cases where an adult use located in a commercial environment, little or no. adverse impact would be expected either to surrounding businesses or property values. No appraiser surveyed expected that the impact on property values would be detrimental while one ventured that in a depressed commercial area the impact could be potentially favorable.' This research can lead to the conclusion that in order to protect property values, adult uses should only be located in commercial areas and not adjacent to any residential uses. Within Bellevue., where there are currently three adult uses (Love Pantry, Love Works and R&R Adult toys), there appears to be no inability'to lease adjacent store spaces nor deterioration to surrounding structures and areas. Please note, however, that these uses are widely dispersed and centrally located in established commercial areas. -9- Land Use Incompatibilities Nationwide, the proliferation of adult uses has occurred primarily within the last 10-15 years. In the suburban Puget Sound area, the trend has been even more recent. As a result, comprehensive studies dealing with the compatibility of adult uses with other specific land uses are nonexistent. The reports and studies which have been prepared are essentially confined to the individual experiences of communities where adult uses have located. The following examples demonstrate these impacts. Based on the experience of certain Puget Sound communities, it has been demonstrated in the past that adult uses are incompatible with residential, educational, and religious uses. This fact was best demonstrated in the Greenwood area of Seattle in the mid -1970's when a local theater began showing X-rated films. Residents of Greenwood complained loudly about increased traffic, undesirable patrons, lowered property values and other adverse impacts. Residents argued that theirs was an area of residences, churches. schools, and social gathering places, a closely -knit neighborhood unaccustomed to adult theaters and the disruptive impacts associated with such uses. In order to safeguard the character and quality of residential lige in the . Greenwood neighborhood, the City of Seattle adopted zoning regulations which, in effect, forced the closure of the adult theater. The owner then sued the City. In the litigation which ensued, Seattle was able to demonstrate in the record that the location of the adult theater in the Greenwood area had a harmful effect on that area and contributed to neighborhood blight. In upholding the City of Seattle, the Washington State Supreme Court (Northend Cinema vs. City of Seattle) agreed that the goal of preserving the quality of residential neighborhoods by prohibiting disruptive adult uses was a valid and substantial public interest. The Greenwood example.also points out that residents'/owners' perceptions may be major factors in siting adult uses. While there may be no tangible reasons that an adult use may negatively affect the property values of a neighborhood, if enough owners believe this to be the case, their actions or inactions may cause their perceptions to become reality. Likewise, a "topless" tavern disrupted the quality of life for some Kent residents. The incident involyed the Roadside Inn Tavern - a tavern offering topless table dancing -- and the residents of an adjacent mobile home court. In July 1981, the residents cf Bonel Mobile Home Court submitted a petition requesting the Kent City Council to revoke the business license of the Roadside. At the public hearing on the license revocation, residents complained about the Roadside's excessive noise and litter impacts which spilled over onto adjacent residential properties. As a result of public complaints and a police investigation of criminal activity at the tavern, the license for the Roadside was revoked by the City in September 1981. To conclude, research has shown that there may be negative secondary effects which occur when adult entertainment uses (or a concentration of such uses) -are located in a neighborhood. Such factors as higher crime rates, lowered property values, or neighborhood deterioration may be associated with adult uses. However, each situation is different and it is not possible to state that adult uses will lead to the identified secondary effects, only that there is a possibility that the secondary effects may occur. It also is reasonable -10- /3 to conclude that as the numbers and concentration of adult uses increase (particularly if adjacent to residential or other sensitive areas), there is a greater potential for the secondary effectsassociated with adult uses to occur. With the potential secondary impacts described, it is now appropriate to review the types of provisions that other cities have utilized to regulate the location of adult uses. -11- TYPES OF REGULATION Because zoning regulations are an expression of local public policy, they differ widely from one community to another. This is certainly true for adult use zoning ordinances which have been adopted in the past 10-15 years. Some communities, such as Detroit, require adult uses to disperse throughout the commercial areas of the City. Other communities have chosen different paths. Boston, for example,. concentrates adult businesses in a seven -acre zoning district located in the .commercial core.. Seattle follows a similar scheme of concentrating adult uses, but allows them in a much larger area of the. downtown. Norwalk, California designates certain adult uses asp conditional uses and requires them to obtain a conditional use permit. The nature of adult use zoning regulations is inextricably related to a city's unique local circumstances. As the above examples demonstrate, there is no standard formula which can be applied to all communities. Regulations reflect local development policy, existing development patterns, local zoning practice, and methods of impact mitigation. But while the specific requirements of adult use zoning ordinances vary greatly, there appear to be four generalized approaches to land use regulations which are commonly used. • 1. Dispersion Ordinances; Z. Concentration Ordinances; 3. Modified Dispersion/Concentration Ordinances; and 4. Special Ordinances (includes licensing approaches). Dispersion Approaches Dispersion -type ordinances seek to spread adult uses throughout a city as opposed to concentrating them. Dispersion regulations commonly require that adult uses locate in designated commercial or industrial zone districts while maintaining specified minimum distances from such uses as schools, churches, public parks and residences. In addition, dispersion ordinances (also called "anti -clustering" ordinances) usually require that adult uses maintain certain distances between themselves. Perhaps the best known example of a dispersal approach is the City of Detroit ordinance mentioned earlier. Detroit's regulations prohibit adult uses from locating within S00 feet of a residential zone, and require that a minimum distance of 1,000 feet be maintained between any two adult uses. The result of these restrictions Is a dispersed pattern of location. Concentration Approaches The concentration approach seeks to cluster or concentrate adult uses in certain areas, the opposite effect of a dispersion approach. The most common way to concentrate adult uses is by restricting them to a certain zone or district of the City. -12- ' Boston's. "adult entertainment zone" is the most prominent example of a oncentration approach. Boston zoning regulations restrict adult uses to a ,pecial 'overlay" district that applies to the City's downtown area. Called the "combat zone," this is the only area in the city where adult bookstores, theaters and peep shows may locate. The ordinance simply defines certain adult uses and adds them to the list of permitted uses in a specific part of downtown Boston. The City of Seattle ordinance is also a good example of a concentration policy. According to Seattle's regulations, adult theaters are restricted to two commercial zoning districts located only in the downtown core area. Modified Dispersion/Concentration Approaches In many instances, the regulatory approach of a local government is neither purely a dispersion nor a concentration policy. Regulations often times are borrowed from both types of approaches. In order to reduce adverse impacts while assimilating adult uses, it may be necessary to use a combination of regulations. The courts have.allowed a variety of regulatory approaches for adult use zoning as long as the purposes of such regulations are valid. The City of Renton employs a modified dispersion approach for adult theaters. Renton's ordinance allows adult motion picture theaters in certain -commercial zoning districts as long as minimum distances are maintained from schools, churches, residences, and public parks.. The ordinance both concentrates adult theaters in certain zones and disperses them away from residences and social and educational institutions. It is not a pure dispersion ordinance, however, since it does not require a minimum distance between like uses. Special Approaches A number of regulatory approaches do not fall neatly under either of the approaches previously mentioned. Some of these "special' approaches still involve zoning, however, while others deal with licensing procedures and regulations. An'examole of a special type of zoning approach is that of Norwalk. California. The Norwalk ordinance classifies adult bookstores as conditional uses, subject to the -terms and procedures of a conditional use permit. Licensing of businesses or operators is a very common method of controlling or regulating the location of adult businesses. Most licensing ordinances relate only to such adult uses as massage parlors: panorams, and the like where the activity is not necessarily protected under the First Amendment and where local officials may exercise greater discretion in their decision making. Adult theaters and adult bookstores, whose content is protected under the First Amendment, generally are not included in adult use .licensing or ordinances. In ordinances where they do appear, regulations and procedures must be sensitive to the constitutional issues associated with the control of speech. In Bellevue, such uses as public dances/dance halls, cabarets, massage parlors -/bathhouses and panoram devices are all licensed uses. In conclusion, various cities have approached the problem of regulating the location of adult entertainment uses differently but successfully. The courts have also been quite specific in allowing cities to choose the course most -13- suitable to their conditions. The next section will describe how various adjacent cities have chosen to regulate the location of adult .entertainment issues. -14- ADJACENT CITIES' REGULATIONS ,laving described the various approaches that can be taken by other cities to regulate the location of adult entertainment uses, it is now appropriate to focus on cities adjacent to Bellevue. Seattle As was described earlier, Seattle initiated a change to their zoning code to restrict and concentrate adult entertainment uses to the downtown core area. This amendment caused the closure of an adult theatre in the Greenwood area for which there was a court challenge. The Washington State Supreme Court upheld the City's ordinance and adult theatres continue to be restricted as to location in Seattle. In Seattle, however, adult retail uses are not • specifically regulated as to location. The current regulations are viewed by Seattle staff as effective as they removed the adult theatre from the Greenwood neighborhood and no new theatres have opened outside of the downtown core. Redmond Redmond regulates adult uses by a dispersal approach. No adult entertainment use can be located within 1,000 feet of a similar use and no closer than 1,000 feet from any zone permitting residential uses, a public park, a public library, day-care homes or centers, preschools, nursery schools, primary or secondary schools or churches. These listed zones or uses can either be located within or outside the city limits. Adult theatres, adult retail uses and adult services are all regulated in a like manner. The impetus for these regulations was the 1982 conversion of a movie theatre in Redmond to an adult movie theatre. This resulted in the current regulations which were adopted in April of 1983. Currently, there are no adult entertainment uses located in Redmond. Renton Renton utilizes a modified dispersal approach to regulating the location of adult motion picture theatres. This use is prohibited from locating within one thousand feet of any residential zone, any single or multiple family residential use, any school, church, park or a P-1 zone. However, separation of adult theatres is not required. Renton's regulations were enacted in April of 1981 in order to prevent the secondary impacts of adult theatres from occurring in Renton. The regulation was challenged in 1982 when Playtime Theatres purchased two community movie theatres to convert to adult movie theatres. As has been described earlier, the Renton ordinance was eventually upheld by the United States Supreme Court. There are no adult movie theatres currently in Renton. •There is, however, one adult retail use in Renton. In Renton, adult retail uses are not regulated differently than other similar retail uses. Kirkland Kirkland regulates the location of adult theatres, bookstores and cabarets by a combination of the modified dispersal approach and the special regulation - approach. Within Kirkland, adult uses can only be located in an Adult -15- Activities Overlay Zone. This special zone can only occur where the underlying zoning is community business, central business district or in a planned area where commercial or theatre uses are permitted. Once the overlay zone is created by City Council action, an applicant for an individual use may apply for a permit with a hearing before the Planning Commission. No adult use can be located closer than 1,500 feet to any school, public park, athletic or recreation center, or any use which caters substantially to minors. Signage is also restricted. Kirkland enacted their regulations in 1983 to prevent the secondary effect of adult entertainment uses from occurring in, Kirkland. To date, no applications for adult uses have been received by the City of Kirkland. Mercer Island In February, 1987, the City'of Mercer Island adoptedregulations concerning the location of all adult theatres and retail stores in the city. This regulation uses a dispersal approach in regulating the location of any adult use. Under Mercer Island's regulations, the entrance to any adult use can not be located within 800 feet from any R -zoned property, the proposed landscape area for 1-90, any single or multiple family dwelling, rest or retirement . home, preschool, nursery school or day-care, publicly owned park or open space, recreational area, primary or secondary school, religious institution, government building or establishment which primarily caters to minors. Further, no adult use can locate closer than 400 feet to any other adult use. Signage is also limited. Regulation of adult uses in Mercer Island was adopted in order to have regulations in place (to mitigate secondary impacts) prior to any uses locating within the city. Since enactment, there have been no applications for adult uses, nor are there any adult uses located within the city. Issaquah Issaquah, in February of 1985, adopted a dispersal approach to regulating the location of adult entertainment uses. All adult. uses (theatre, retail and service) are similarly regulated in Issaquah. Under the regulation, the adult use cannot be located within•500 feet of any primary or secondary school -or school facility, day-care or preschools, public parks, churches, public facilities, facilities oriented to the disabled, senior centers, historic landmarks, other facilities which are oriented towards children or families, any residential zones, any residential use, and certain street frontages. Also, adult uses cannot be located within Z00 feet of Issaquah Creek. Adult uses must be separated by 500 feet. Also, the following uses cannot in the 'future locate within 500 feet of any adult entertainment facility: primary or secondary school, day-care or preschool, public parks, churches, public facilities, facilities oriented to the disabled, senior centers, historic landmarks, or facilities oriented to children or families. These regulations were adopted to prevent the secondary effects of adult entertainment uses from' occurring within the city. Since enactment, one adult retail store was opened for three weeks and then closed for no known reason. There are currently no adult uses in Issaquah. -16- 1c1 Kin; County King County currently does not allow any adult facility within 2,000 feet of a. school. Uses regulated by this requirement include cabarets and dance halls which feature "nude" dancing, panorams and peep shows. While these are brief descriptions of each municipality's regulations, complete ordinances and background materials and minutes for the Cities of Kirkland, Redmond, Mercer Island, Renton and Issaquah are available for review in the Planning Department. This brief.summary does show how each of the municipalities have created regulations to meet the specific needs of their community. -17- THE CURRENT SITUATION IN BELLEVUE Presently, there are three adult entertainment uses in Bellevue (see Map 1).. Love Works and Love Pantry are strictly adult retail stores. R and R Adult Toys is an adult retail store which also contains an on -premise panoram. Both R and R Adult Tovs and Love Pantry have video cassettes for rental. An analysis of police reports for the areas in which these uses are located show no higher incidence of crime than in adjacent areas without adult uses. All properties are centrally located in established commercial areas and ail structures in which these uses are located are all in excellent condition as are the adjacent structures. Recently, R and R Adult Tovs moved into a newly refurbished structure. These adult entertainment uses are not located adjacent to any schools, parks or facilities oriented primarily to children. All three sites are not adjacent to predominantly residential areas although there is a multifamily structure located across 120th NE from Love Works. However, please note that this residential use is separated from the Love Works site by a major street, by a restaurant facility and the surrounding area is also primarily commercial. While there are no major secondary effects presently attributable to the adult uses located in Bellevue, a greater concentration of such uses or changes in location may cause secondary impacts to occur. The City of Bellevue Comprehensive Plan provides guidance for decision makers in evaluating various strategies for regulation. Within the Comprehensive Plan there are many policies which are important in describing the residential and economic goals for the City and are pertinent in reviewing the suitable locations for adult entertainment uses: 21.8.00S (General Land Use Policy) The City shall offer a harmonious blend of opportunities for living, working, recreation and culture to its residents through planned retention of its natural amenities and balanced development of appropriate services, by judicious control of residential and commercial development and by recognition of its regional role. 21.8.040 (General Land Use Policy) Decisions in land use should be made only after consideration of the interests of the community. Each type of land use shall be located in designated districts. Any change in zoning must be justified. The hearing body may take into consideration, but not be limited to, the following: the effect upon the physical environment; - the effect on the economic environment; - the effect on the social environment; - the effect upon open space, streams and lakes; - compatibility with the impact on the adjacent land uses and surrounding neighborhoods; -18- aI I. int 4; ADULT. ENTEFITAINNIENT.. FACILITIES • MAP 1 • 4 Lows Works 12001 ME 12th 4=-0:23 1. R R Adul t Toys. 11101. NE 4th 4.53-5662 aj • ••••••••• GlIr. taw ac..61.0........•••• 120,070ICIT SCALtt WORTH -GIP adequacy of the impact on community facilities including utilities, roads, public transportation, parks, recreation facilities and schools; - benefit to the neighborhood, city or region; - quantity and location of vacant land zoned for this use in the city; - current and projected population density in the general area; - and general conformance with the Comprehensive Plan. 21.F.070 (Economic Element) Growth: The City shall foster a positive economic climate which facilitates responsible business growth in the community. •- '2l.F.11O (Economic Element) The City shall encourage the availability of local employment opportunities by fostering development of long-term working or trading activities which create or add value to the community. 21.F.150 (Economic Element) Goal: To establish and maintain economic activities in carefully delineated areas which are properly separated from incompatible uses and appropriately served by community facilities. To implement the above goals and policies, the City has emphasized the careful consideration of land use compatibility and land use impacts upon the community. rn conclusion, while the three existing adult uses do not have any secondary effects associated with them, this situation may change in the future. ' Presently, all three are widely dispersed from each other as well as from residences and other sensitive uses (parks, schools or areas frequented by children). However, since there is no regulation preventing adult uses from locating near sensitive uses, there Is no guarantee that adult uses will not Iocate adjacent to sensitive uses.' Further, there is no guarantee that greater concentrations of adult uses will not occur in the future.. The Comprehensive Plan clearly states that adjacent land uses should be compatible. .Therefore, it may be appropriate to consider that certain sensitive uses aro not compatible with adult entertainment uses. -20- 33 PART II ,bsequertt to the public meeting scheduled for September 16th and based on the information contained in Part I of this study, as well as public comments, staff will prepare an analysis of the need for greater regulation, respond to any Planning commission research requests and provide a recommended course of action. This information and recommendation will be contained in Part II of this study. -21- 2'4 BIBLIOGRAPHY Reference Materials On Band For Review Studies Effects On Surrounding Area Of Adult Entertainment Businesses In St. Paui. Uzvlslon or Planning, Department or Planning ana Lconomic Development, St. Paul, Minn. June 1978. Regulating Sex Businesses. William Toner; Planning Advisory Services, 1977. Study Of The Effects Of The Concentration Of Adult Entertainment Establishment in ine City Or Los Angeles. Department or t.ity Planning, C,my or Los Angeles, CA. June 1977. Articles "Aggressive Erotica And•Violence Against Women", Edward Donnerstein, Journal of Personality and Social Psychology, Volume 39 Number 2. "Cities Are Turning To Zoning To Regulate Pornographic Uses", The Building Official And Code Administrator, Feb/March 1978. "The Effects Of Aggressive - Pornographic Mass Media Stimuli", Neil M. Malamuth and Ed Donnerstein, Advances Iii Experimental Social Pyschology, Volume 15. "Is One Women's Sexuality Another Women's Pornography", MaryKay Blakely, Ms., April 1985. "New Rules For Zoning Adult Uses: The Supreme Court's Renton Decision', Alan Weinstein, Land Use Law, August 1986. "Pines, Funk Offer Guidance, Based on Young Decision, for Regulating Adult Entertainment Establishments', Burt Pines -and John Funk, The Municipal Attorney, December 1976. "Regulation Of Adult Theaters By Zoning", Howard Dobbins, Virginia Town and City, Nov/Dec 1976. "Regulating Pornography: Recent Legal Trends", Alan Weinstein, Land Use Law, February 1982 "Sex And Aggression: Proving The Link", Psychology Today, Volume 12 Number 6. "The War Against Pronography", Newsweek, Seymour Feshbach and Neal Malamuth, March 18, 1985. "Why People Don't Fight Porn", Harry Genet, Chronicle News, January 1, 1982. -22- 'Zoning For Adults Only", Bruce McClendon, Zoning News, August 1985. Other Resources Bothell Police Department, Material On Police Experience With Adult Entertainment Establishment, 1984. "City of Renton vs. Playtime Theatres, Inc., The U.S. Supreme Court Revitalizes The Regulation Of Adult Entertainment • Land Uses Through Zoning," Daniel Kellogg. Cleveland Ohio Police Department, Effect of Smut Shops On Increased Crime Rates, 1977. . "Community Impact Statements Required Of Certain Businesses", . James H. Allendoerfer, City Attorney of Marysville. Shi rl ey Fel dnran Sumuners. letter to Nick Gall ow "Local Government's Control on Pornography", League Of Women Voters Of Lake Washington East, 1985. "Pornography Effects: Empirical Evidence",• Victor Cline Ph.D. Text of Talk Given By John L. Harmer President Of Citizens For Decency Through Law, on Tuesday, December 1, 1981 at Phoenix Arizona. ,Existing Statutes And Regulations In Effect In Bellevue RCW •7.48A - MoraI Nuisances RCW 9.68 - Obscenity And Pornography RCW 9.68A - Sexual Exploitation Of Children BCC 5.06 - Public Dances And Dance Halls BCC. 5.08 - Cabarets BCC 5.28 - Massage Parlors And Public Bath Houses BCC 5.44 - Panaram Devices • Resources From Adjacent Municipalities Bothell - Ordinance 1170 (Adult Entertainment Uses) and Zoning Code Chapter 5.18 (Adult Entertainment Studios). Issaquah Ordinance 1701 (Adult Tnertainment Uses) and all minutes of public meetings and staff reports relating to the Ordinance. Kent Adult Use Zoning Study, November 1982. King County - Ordinance 7216 (Business Licenses And Adult Entertainment Uses): -23- Kirkland - Ordinance 2877 (Adult Activities Overlay Area) and all minutes of public meetings, staff reports and correspondence relating to the ordinance. . Mercer Island - Ordinance A-51 (Adult Entertainment Uses) and all minutes ' of public meetings, staff reports and correspondence relating to the ordinance. Redmond Ordinance 1120 (Adult Entertainment Uses) and all minutes -of public meetings and staff reports relating to the ordinance. Renton - Ordinances 3526, 3629 and 3637 and Resolution 2368, Legal Briefs to the U.S. Supreme Court, and various analyses of the Renton vs. Playtime Theatres decision, Zoning Code for Renton. Seattle. - Zoning Cade Chapters' 6.280 (Adult Entertainment Studios), 6.42 (Panorams and Peepshows), 24.46 (Metropolitan Business Zane) and 24.48 (Metropolitant Commercial Zone). Also, there are copies of Adult Entertainment Use Regulations from the following cities: Detroit, Michigan; Duluth, Minn.; Inkster, Michigan, Melvindale, Michigan;•0ak•Park, Michigan; Peoria, I11.; San Bernardino, Ca; Tucson, Arizona; Wayne, Michigan and Wyoming, Michigan Correspondence Monique Roggenkamp to the Bellevue City Council - April 14, 1987 Monique Roggenkamp to the Bellevue City Council - May 13, 1987 Gerald John Sheehan to Sandra Korbelik (Planning) - June 9, 1987 Concerned Citizen to Sandra Korbelik (Planning) - June 16, 1987 Darrell Hines to Sandra Korbelik (Planning) - June 18, 1987 Andrea K. Vangor to Sandra Korbelik (Planning) - June 18, 1987 J. R. Copitzley to Cary Bozeman - 'July 5, 1987 Chief Harris to Terence P. Lukens - September 10, 1987 . Other References The current file also contains numerous newspaper articles on Adult Entertainment regulations in the region. There are also many summaries of recent court decisions as concerns adult entertainment. • -24- 2-) APPENDIX I MINUTES FROM THE PUBLIC MEETINGS OF JUNE 18 AND JUNE 25, 1987 -25- I. Introduction • ADULT ZONING MINUTES June 18, 1987 Rob Beem, principal planner with the contact far this project, introduced the planning staff: Sandra korbelik Department; and Lt. Bourgette of the Planning Department and staff himself and other members of senior planner with the P1Pna4ng 'Police Department. II. Objective The objective of this meeti g was to get the benefit of Bellevue citizens' experience, understaaading, and studies of the impacts of adult land uses. The'City is is the process of developing regulations which will use zoning to locate adult businesses appropriately within the City of Bellevue. This is one of the City Council's high priorities for the year. A schedule of events was made available to participants. It is hoped that regulations will be enacted by the latter part of 1987. The meeting this week is .foctised ob. inputfrom citizens on what they understand to be the effects of adult land uses located within the City of Bellevue. Next week's meeting will focus on a number of approaches taken by other municipalities in the nation, particularly in the Northwest, to their zoning regulations for adult land use, with the end goal of deciding which method would be best for Bellevue. Tonight participants are encouraged to submit their views and give the planning staff the benefit of the information learned by research, experience, or opinions on the effects of adult encertai1 . t businesses on the community that they may want to control through the use of zoning power. Written comments are also invited. III. Comments by Citizens Moniaue Roggencamo 12140 S.E. 15th Bellevue Ms. Roggencamp read a letter fro Andrea VanGore of Washington Together Against Ponography, commending the City of Bellevue for their efforts•to protect the community from the adverse effects of adult businesses. She cited three distinct adverse effects: decreased property values of neighboring businesses; increased local incidents of sexual and other crimes; provision of a base of operation for organized crime. She called on the City of Bellevue to do all that lies within their power to do, to make the laws as strict as possible consistent with .z constitutional freedom. Ms. Roggencamp gave an example of a business forced to relocate because their customers did not want to be seen in the same parking lot as an adult business. Ms. Roggeacamp supports dispersed zoning. -25- Adult Zoning Minutes - June 18, 19$7 Page •2 Louise Woodward East King County Chapter of American Civil Liberties Union Ms. Woodward was chiefly concerned about the potential for First Amend- ment rights to be violated. She'submitted a letter refuting claims made by Ms. VanGore about the negative effects of adult businesses. The letter was addressed to Nick Gallo -from Shirley Faldman Sowers. From Ms. Woodward's personal analysis, she has'read a lot of studies and found little evidence of -adult businesses being harmful to the community. She felt that patting adult businesses in one location tends to enhance an unhealthy stigma toward sexuality, and favored dispersement, the least restrictive method of zoning. Mr. Ullery R & R Adult Toys Mr. Ullery informed the group that the printing business referred to by Ms. Roggencamp went out of business and left that location because they were unable to make the rent payment, fact which can be verified by the landlord. The problem existed before the adult business rented there. Mr. Ullery described his business is Bellevue, now in existence four years, doubling in size each year. His new store will be t=iple the size, based on the demand of the people of Bellevue. He described his clientele as professional people, 53-60Z men, the rest ladies, 40% couples, 95% located within a 10 mile radius of the store. MX. UIlery offered his services as as advisor as a representative of adult businesses. Jeff Soencer 13457 - 92nd P1. H.E. Kirkland Mr. Spencer gave a personal testimony of the negative effects of adult entertainment business, stating that an R-rated movie had very signif- icantly affected his own life. fie felt we should make the laws as strong as legally ,possible in order to restrict -adult businesses. I.V. Closing Comments by Rob Beam Rob reviewed the coming agenda, with next week's meeting on approaches to developing zoning ordinances; followed shortly thereafter by a study session with the City Council, and thea work with the P1nnning Commission over the balance of the summer. Attendees on the sti.gn-up sheet will be on the mailing list. Participants were invited to contact the Planning Department if they have further questions or comments. -27- ADULT ZONING 11INUTES June 25, 1987 I. Introduction Rob Beam introduced himself and explained the function of the Planning Staff: to assist the City Council and the ?leaning Commission is investigating the wisdom of developing regulations for the location of adult land uses. and advising them of what these regulations may be. II. Purpose • The purpose of this meeting, Rob Beem explained, was to provide infor- mation regarding methods used nationwide to develop zoning regulations, and to seers .comments regarding their appropriateness to the City of Bellevue, in an effort to gain a .better understanding of the specific effects of adult businesses on the city, which is primarily a residen- tial community.. Adult businesses were defined as those businesses relating to sexual matter which restrict entrance to individuals over the age of 18. Rob Been clarified that the City has the authority to regulate, but cannot legally prohibit legitimate land uses from existing within. the City of.Bellevue. 'They should have a reasonable opportunity to pursue their business within the city. 111. Three Approaches to Take Rob reviewed the three approaches the committee can take: 1) No action - leave as is ' 2) Dispersion approach - locate the business so it is one of a number of businesses is an area, thus :educing its impact 3) Concentration approach - limit adult businesses to one single area Difficulties involved with the dispersion approach would be mAin7y administrative, and the need to insure that there are reasonable oppor- tunities throughout the community to locate the businesses. The disadvantage of the concentration approach is that it would create an adult zone detrimentally affecting the area. A fourth option, conditional use, was considered to be more burdensome than the dispersion approach. IV. Comments by Attendees Fat O'Connor 15401 N:E. 10th, E106 Bellevue 98007 Pat favors the condi.tioual use approach in zoning, to assure that enough conditions are given to help prevent mis takes , and to give opportunity for those affected to give their input to the City Council no Adult Zoning Minutes — June 25, 1987 Page. 2 • Louise Woodward-. East: Ring County Chapter of American Civil Liberties Union Louise was more concerned about preserving freedom of speech for herself and her children than•any'.harmful effects of adult business in the community, and wanted no more restrictions than are presently in effect. She referred to the Technical Report of U.S.• Government Commission on Obscenity and' Ponograahy. Mr. U11erv. 11101 N.E. 4th, Bellevue owner of R & R Adult Toys lis business has existed in the city for four years without any problems. Be believes there is a need for his product as shown by its steady growth, and the city allows it wader the rights of the City and the Constitution. Jeff Soencer 13457 - 92nd Pl. N.E. Kirkland Jeff stated that all laws are by definition mora?, based an the distinction between right and wrong, and he wants to legislate by the original Judean Christian morality this nation was founded on as one nation under God. Len Smolen 12119 S.E. 10th Bellevue 98005 As a counselor and ordained Christian minister, fir. Smolen spoke against the previous definition of morality, feeling that it inferred that se -.cues dirty or immoral, when. God authored sex. Thera is a distinction between erotica and ponography. Pat O'Connor' (see above) Feels the personal conditional approach is deeded in Zine with the' previous speaker's comments. Len Smolen (see above) . Against the conditional approach as too broad to be legally. viable. Supports the dispersion approach based on the history of adult businesses operating in the area. Mitch Loaec 4043 — 134th Ave. Bellevue, 98,006 Supports the -dispersion approach, not the conditional. We should establish exact policies and perimeters based on good choices and decisions to begin with, and coorri-nate from within that basis. • -29- r + Adult Zoning minutes.- June 25, 1987 •Page 3 -f-V. Final Comments Those • on the sign-up sheet will be alerted to further -pub lc meetings on this process, and are encouraged to submit written comments until the hearing sometime in Septe ber. The next meeting will be on July 8 at 7 p.m. in -this saute room, to select am approach to be submitted to the.City Council an July 27. . Written comments should be addressed to Rob Beem, Planning Department, P.O. Box 90012. ^, Bellevue 98102.:! -30- A 8 04j�; F�lc, City of .mole 3ellevue o= MEMORANDUM Date: January 11, 1988 To: City Council Members From: Bruce Freeland, Planning Director Subject: Location of Adult Entertainment Uses - Background Material Attached please find the background materials described in the agenda memo for the ordinance to regulate the location of adult entertainment uses. Each of the attached items is labeled as follows: A. Part One of the study which provided background material on regulating the location of adult entertainment uses. 8. The staff to Planning Commission memo of 9/22/87 which responded to definitional issues raised at the Planning Commission's Public Meeting of 9/16/87. Also included are minutes for that meeting. C. The staff to Planning Commission memo of 10/9/87 which responded to Planning Commission's questions raised as a result of Part One of the study and the public meeting. Also included is Part Two of the study which contains staff's conclusions and recommendations. D. The staff to Planning Commission memo of 10/29/87 which related to conditional use permit requirements as well as the segregation of adult materials. E. A bibliography which lists all the materials made available for review by the Planning Commission. (The material listed in the file is also available for your review and is located in the Council office.) Should you have any questions, please contact me or Rob Odle at 455-6880. BF:jb Attachments cc: Adult Entertainment File City of 4 ^"t C • Bei(evUe--,,=.' MEMORANDUM 4SH7 NG -c Date: September 22, 1987 To: Planning Commission Members From: Rob Odle, Planning Subject: Adult Entertainment Regulations Requested` Information Enclosed, as requested, are the draft minutes of last week's public meeting on regulatirng.the location of adult entertainment uses. These draft minutes should be particularly useful to those members who could not attend the public meeting. . We have also enclosed a response to the obscenity statute concerns raised by Andrea Vanaor. However, it is important at this point, to not focus on the issue of obscenity as that issue is handled on the state and federal level. Our reason for discussing it in the study was only to briefly describe what is regulated elsewhere (and out of the local purview) and then focus the study on the issue that can potentially be regulated locally - the location of adult enter- tainment uses. This evening, we have planned a discussion in which staff (Stephanie Brod, Steve Bourgette and myself) will focus on questions and issues that you have from reading the study and listening to the public comments. Following this discussion, at your direction, staff will either conduct further research'an issues you raise or will.begin to prepare a recommendation to bring back for your action. Should you have any questions before tonight's meeting, please contact me at 4S5-6880. • RO:jb Attachments cc: Bruce Freeland, Planning Director Adult*Entertainment Task Force Members Adult Entertainment File • 35- City of Bellevue c -,141-4i&--- Date: To: Prom: Subject: MEMORANDUM September 21, 1987 Planning Commission • S ,_emaan� e D D. 8roa and Jim. Turner, Adult Entertainment Task Force Clarifications to Adult Entertainment Study The purpose of this memo is to clarify certain points of the Adult Entertainment Study presented by the City of Bellevue staff last week. At the public meeting on September 16, 1987, the Adult Entertainment Study was criticized for (1) misstating the United States Supreme Caur is definition of obscenity, (2) incorrectly_ citing Washingtan's Moral Nuisance Statute and (3) misleading the Commission and public with regard to the effectiveness of present regulations concerning pornography. Each is addressed in turn below. A. The definition of obscenity presently used by the United States Supreme Court was originally set forth in the case of v. California, 413 US 15, 37 L.Ed.2d 419, 93 S.Ct. 2607 (1973). The questions before the court in determining whether a work is considered obscene and not worthy of constitutional protection is (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 be the applicable state law; -and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. Miller, 413 US at 24 (citations omitted). Consistent with that censt_t:Itional definition, RCW Chapter 7.48A, entitled Moral Nuisance, identifies the following: "Lewd matter" is synonymous with "obscene matter" and means any matter: (a) Which the average person, applying contemporary corsr•:__Ity standards, would find, when considered as a whole, apoea?s to the prurient interest; and (b) Which explicitly depicts or describes aatently offensive representations or descriptions of: ' (i) Ultimate sexual acts, normal or nerver ted, actual or simulated; or (ii) Masturbatian, fellatio, cunntlincus, bestiality, excretory functions, or lewd exhibition or the genitals ar genital area; or (iii) Violent or destructive se_vuai acts, including but not limited to human or animal mutilation, lation, dismemberment , rape or torture; and (c) Which, when considered as a whole, and in the context in which it is used, lacks serious literary,, ar tis tic, maiitical, or scientific value. RCri 7.48A.010(2). In the general attempt to keep :the background material in the study brie~ and readily understandable, the definitions above were summarized. In doing so, the language specifically descr.' bind sexual conduct was omitted, as well as the language in the t1_rd clause of the definitions, "when considered as a whole," "and, in the context in which it is used." The Definitions above are set fort.: in their complete individual forms. B. With retard to the possible incorrect citation of RCW 7.4SA, a review of the study and the statutes indicates that the statutory cite was correct. Washington's moral nuisance statute, which provides for a civil action for the dissemination of lewd or obscene matter is Chapter 7.48A of the Revised Cade of Washington. C. The Adult Entertainment Study attempted to identify each of the statutes and city code provisions relevant to control of sexually oriented enterprises in the City of Bellevue. In identifying each of the statutes and code provisions a description was provided slImmarizing the purported application of each of the .regulations. At the public meeting, the Planning Commission was informed that RC:v' 9.5, Obscenity and parnocrao_hv. has never been enforced. It was no_nted out that without communicating -the failure of officials to enforce the statute, the Planning Commission and the public are susceptible to a false impression as to the statute's efficacy. The point is well taken. Likewise, to avoid anv further misconception, it should be, noted that the summary of regulation provided in the Adult Entertainment Study as it presently exists identifies only the purported effect of the individual regulations as written. T_ rode the above successfully ly addresses the points raised at the public meetinc. If you have any. t'txt!+er Guest;ons, please direct them to Rob Odle, who heads the task farce, at 4Z.:-€Sa0. 37 2629k September 16, 1987 — 7:00 p.m. COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: STAFF PRESENT: GUEST SPEAKERS: RECORDING SECRETARY: 1. CALL TO ORDER CITY OF BELLEVUE BELLEVUE PLANNING COMMISSION MINUTES OF STUDY SESSION Bellevue.City Hall City Council Conference Room Chairman Lukens, Commissioners Blacker, Conger, Ferris Commissioners Gilkinson, Chandler, Hague Jim Williams, Robert Odle, Planning; Jim Turner, D00; Richard Kirkby, Legal; Lt. Steve Sourgette, Police None Gerry Lindsay The meeting was called to order at 7:03 p.m. by Chairman Lukens who presided. 2. ROLL CALL Upon the call of the roll, all Commissioners were present except Commissioner Gilkinson and Commissioner Hague, who were excused, and Commissioner Chandler, who was expected (but did not arrive). 3. STAFF REPORTS Jim Williams distributed several items to the Commission, including: a copy of the Daily Journal of Commerce issue on Downtown Bellevue; a 1987-88 calendar• for planning of meetings; the most recent Planning Commission Schedule; and the agenda for the Storm and Surface Water Advisory Commission Meeting for September 17. Mr. Williams also confirmed the walking tour of downtown for the 24th of this month -and explained that it would be preceeded by a briefing on the FAR Transfer issue for.new Commissioners. 4. .PETITIONS AND COMMUNICATIONS Mr. Tom Delery, 16230 N.E. 28th, Bellevue, Vice president of the Sherwood Forest Community Club, thanked the Commission for the extension of time to allow the polling of their residents concerning the proposed Land Use Code amendment. Mr. Delery presented to the Commission a list of signatures and read a letter representing the residents of Sherwood Forest, Sherwood Gardens, and the Peachtree Communities. The letter stated that members of these communities are opposed to the proposed amendment to allow for medium density multifamily dwellings in Evergreen Highlands Area D. The club has voted unanimously to oppose the change. They do not feel that -the proposed amendment meets any of the seven decision criteria outlined on page seven of the Staff Report. There was no technical error in the Comprehensive Plan, nor has the applicant carried the burden of proof that shows that multifamily is warranted. There are no changing needs of the City that warrant this request. They also feel that the amendment is not.ir keeping with the guidelines that were outlined several years ago when Performance Area 0 was adopted. Additional reasons expressed for opposing the amendment were: Increased traffic on a daily basis, including weekends. Adverse impact on services such as police, fire, and especially schools. The site is one of the few remaining tracts left that could be attractive to a large national company for its headquarters. The area is currently designated and the use should remain the same. The letter concluded with a plea to reject any change in the Comprehensive Plan. Commissioner Blacker asked Mr. Delery if his Community Club residents were aware that the proposed change would still allow Office to exist. Mr. Delery replied that they do not feel that multifamily is a proper designation for that area•. Mr. Jim Bergman, 15911 N.E. 27th Place, Bellevue, Washington, and a member of the Sherwood Gardens area, stated that when he purchased the property he researched the zoning and felt that it favored his family. If the Land Use Code amendment is adopted he will be living on the edge of an apartment _ complex, which he feels will not be in line with what his goals for his family are. He feels that this will affect at least 40 households idea similar way and appealed to the Commission to reject the amendment on the basis of fairness to those who live in the area. Mr. Harold Dagner of 15807 N.E. 27th Place stated that before purchasing his property he queried the City on the proposed land use of the area. He said that he attempts to structure things around his seven children and raised concerns about noise and crime (from minor kid -pranks on up). He also appealed to the Commission on the basis of fairness to those who thought they knew what the zoning was in the area. Mr. Brian Wolfer, 15438 N.E. ZBth, Bellevue, Washington, a Peachtree resident, also purchased his home on the.basis that an office complex would be across the road from him and not apartments. His concern was the impact to school facilities in the area, Highland, Overlake, and Ardmore. Mr. Roger Hill, A5929 N.E. 27th Place, Bellevue, stated his objection to the proposed amendment on the basis that an apartment ccmpiex with possibly 500 units would increase noise, crime, and traffic in the area. -2- Mr. Curt Hefner of 16Z43•N.E. 30th, Bellevue, Washington, a resident of this address for 21 years, stated that he has seen much change in the area over the years. In the formation of the Comprehensive Plan for that area there was much time and effort and study involved, including hearing from the residents that would be affected. He feels that the Land Use Code for that area was proper and that no changes need to be made to it. He said he agrees with all of the j.nddviduals who spoke before him. . _ S. PUBLIC MEETING -- Adult Entertainment Mr. Rob Odle was introduced to give a brief introduction to the subject. Mr. Odle referred to Part One of the study on the potential need to regulate locations of adult entertainment within the City which had been distributed to the Commission. He stressed that the discussion was on the potential need for regulation of the location of adult entertainment and not the content of any materials offered by such establishments. Mr. Odle discussed the decision rendered in the 1986 Renton vs. Playtime case, which said that adult entertainment uses cannot be banned. The decision also stated that regulations to mitigate secondary effects are permitted, and a city can rely on the experiences of other cities in formulating regulations for adult entertainment. The bottom line Is that cities can regulate the locations of adult entertainment if there is need to mitigate the secondary effects. Currently, adult entertainment uses are not regulated in the City of Bellevue as to location; anywhere a similar non -adult use is permitted there may be an adult use. Certain uses are currently regulated through either City or State regulations. These include massage parlors, bath houses, panorams, public dances, dance halls and cabarets. In reviewing these regulations,•Staff found that they are sufficient to mitigate the secondary effects of those uses. For those reasons, Staff recommended that the Commission only consider potential regulations for adult theater and adult retail.. By definition, adult theaters are enclosed buildings or drive-in facilities used for -the commercial presentation of motion picture films, video cassettes, cable television or any other visual material whose matter is characterized by depicting, describing, or relating to specified sexual activities or specified anatomical areas_ Adult retail is defined as an establishment engaged in the sale of goods in which ten percent or more of the stock in trade is characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. The three tests that any regulation has to meet are: The regulation chosen can be no greater than necessary, i.e. the minimum regulation necessary to regulate the secondary impacts. It must be the least intrusive regulation into the activity that is occurring. It cannot be an outright ban on the use. -3- Secondary effects relating to adult entertainment uses include: The incidence of crime. Impacts to property values in the area. Land incompatibility.._between adult uses and other non—adult.uses in the area. Types of regulations that other municipalities have chosen include: Dispersion Ordinances. This is'where adult entertainment uses are dispersed throughout the community with minimum dimensions separating adult entertainment uses from other adult entertainment uses as well as minimum distances from sensitive uses such as public parks, churches, day care centers, areas frequented by children. Concentration Ordinances. This is the opposite of dispersion with the classic example being the Combat Zone in Boston. Seattle uses a similar approach. Modified dispersion/concentration approach. Here aspects are chosen from both dispersion and concentration. The best example of this is Renton where there are dispersion requirements of at least a thousand feet between adult entertainment facilities and churches, parks and residences. However, Renton• does not have any limitations on how far adult entertainment uses must be from other adult entertainment uses. Special Ordinances include Conditional Use Permits or other types of administrative review required for adult entertainment uses. The licensing of such establishments brings up First Amendment issues. Certain adult entertainment uses are now licensed in Bellevue, including panorams and bath houses. Other cities in the area use varying approaches. Seattle uses the concentration approach, Redmond uses dispersal. Kirkland uses a combination special use and combination dispersion/concentration approach in that there must be an adult activities overlay zone created, then there must be a Conditional Use Permit to locate within that zone, and finally they cannot locate closer than 1500 feet from churches, parks, schools, et cetera. Mercer Island and Issaquah use a dispersal approach, Bothell uses a dispersion approach but requires that all such businesses be located on Bothell Way N.E. King County requires that adult entertainment uses must be located no closer than 2000 feet from a school. Currently there are three adult entertainment uses located in Bellevue, one in the Overtake area, one in Bel—Red/Wilburton, and one In the C30; all are primarily retail establishments. To date, it has not been established that any of the secondary effects are occurring in Bellevue. These three uses are all actually located in commercial areas. However, there are not regulations to prevent them or others from locating near sensitive areas (houses, churches, schools, parks). --4— Staff recommends that this issue of the need for further regulations be studied by the Planning Commission. Mr. Odle then introduced Lt. Steve Bourgette of the Bellevue Police Department, who serves on the Task Force on Adult Entertainment. Acting on the request of the Planning Commission, Lt. Bourgette invited representatives from surrounding cities to relate how adult entertainment uses have been regulated and received in their cities. Bellevue Chief of Police Joe Smith was introduced first. Chief Smith explained that he has been with the City of Bellevue for a year and a half -having previously served with the police force in Kansas City, Missouri for a period of 29 years. This included the time during the early 1970s when - adult entertainment uses as we know them came to the fore. Chief Smith explained that when adult entertainment uses first began appearing, several cities hastily passed ordinances to regulate these uses. Many of these ordinances were ill advised and were in many cases struck down for being unconstitutional. Chairman Lukens asked Chief Smith what some of the secondary effects of adult entertainment uses he had encountered. Chief Smith cited the congregating of individuals he termed undesirable around these businesses. As a case in point, Chief Smith described an area of Kansas City that had been a run-down section of town and was revitalized and specialized in family-oriented businesses. Adult entertainment uses began to come into that area and over the course of time the family-oriented businesses began to close down and the area was eventually abandoned altogether. Commissioner Conger wanted to know if uses of this type would draw mainly from the residents -of Bellevue or would it pull patrons from other areas as well. Chief Smith shared that his experience had shown people drawn to these businesses from as far away as 40 or 50 miles. He felt that it would be fair to,characterize it as a regional type market. Commissioner Ferris wanted to know if Chief Smith had had experience with the dispersion type of regulations. Chief Smith said that Kansas City had areas of concentration as well as dispersal throughout the city with regulations as to how far they could be located to sensitive areas. Introduced next was the Deputy Chief of the Bothell Police Department, Rudy J. Plancich. He provided for the Commission a copy of the ordinances covering adult entertainment in Bothell. In 1982, prior to Bothell adopting any controls over adult entertainment uses within the city, -a business applied for a license to operate an 18 and over non-alcoholic entertainment and amusement games establishment. Shortly after opening it was found that topless dancing was occurring there. An emergency ordinance was passed; the ordinance was modeled after a Seattle ordinance which controlled activities inside the establishment. In court, this ordinance was overturned and the business began operating in the same fashion again. The regulations were rewritten and were eventually upheld. -5- Z During the time that the business was in operation, the Police Department conducted a six-week investigation of it. Among the results were arrests on drug charges, illegal sale of alcoholic beverages, offering and agreeing to acts of prostitution, and entertaining illegally in a public place. Deputy Chief Plancich agreed with Chief Smith about the attraction of a certain crowd to the area_by the establishment of these types of _ businesses. . Monitoring these places reveals that the same customers are there on a steady basis. - Commissioner Conger questioned whether criminal activities extended beyond the immediate facility. Deputy Chief Plancich said that there were hit and runs in the parking lots, disturbances, disputes between the male and female patrons which occur on and around the premises. Commissioner Conger wanted to know also if the State and Federal statutes were sufficient to regulate these uses from the standpoint of the Bothell experience. The reply was'yes, but that they need to work in conjunction with local laws. Lt. Lee Bartley, Vice Unit, Seattle Police Department, was introduced next. Lt. Bartley said that adult entertainment exists in Seattle in many different forms and it has been found to be quite lucrative for the business owner. Many times these businesses are corporations that are controlled by people behind the scenes. Their experience has been that many times these establishments will operate for a while, run up a considerable number of bilis, including tax bills, and then will fold up and leave. Often they reappear -as a different corporation. Currently, Seattle has about three of the soft drink topless establishments and a number of pan rooms located mostly downtown. In addition, Seattle has several adult bookstores, often combined with pan rooms in the back, and several adult theaters. Lt. Bartley said that there are also sexual paraphernalia stores in Seattle and there have been no problems associated with -them. Problems that have arisen with the other establishments include offering and agreeing to acts of prostitution, drug possession, "tease -and -rip" charges stemming from patrons being enticed to pay for certain privileges and not receiving them, and strong-arm robbery. When these businesses are in residential areas, problems include parking problems, drug deals in the parking lots, and minors either working in or patronizing the establishments. Seattle's ordinances covering the pan room establishments are new and at best shaky. Basically they cover the heights of the pan room doors to allow inspection from a public area or hall to be sure there is only one person in the booth. Seattle's Lewd Activities ordinance which governed activities inside these places was found to be unconstitutional. Currently, their Lewd ordinance covers activities outside of these establishments.- They also have an ordinance which forbids the displaying of erotic material in the windows of adult bookstores. -b- 4/3 In the past when the city would attempt to regulate these businesses, the owner would simply call it something else and go on operating. Many of the adult entertainment businesses in Seattle were operating prior to any zoning regulations being enacted. With many of them being located in the First Avenue area of Seattle, which is an area that Seattle would li,'ke to upgrade through Urban Renewal, and since they Constitutionally protected businesses, the problem of where to relocate them arises; placing them in an area having well—established family—oriented businesses could have a deleterious effect on those _places. The same would be true in residential areas. Lt. Bartley suggested that the City of Bellevue consider adopting regulations that would limit the distance that live dancers could get from the patrons and the stage height in such establishments. Commissioner Conger asked if the soft drink establishments tended to attract juveniles and become points of congregation for juveniles. Lt. Bartley felt that they do, both with males using fake .1.0. and female runaways working as dancers in -them, also with fake I.D. Chairman Lukens said that he had received a letter from the Chief of Police in Renton and that copies would be made available to the Commissioners. Chairman Lukens then opened the meeting to receive public comment. He made it clear that the Commission isnot seeking to regulate content but rather location of adult entertainment uses. He said that the Commission would be looking at only three issues in regards to this issue: 1. The secondary impacts to the community which may result from these adult entertainment businesses. 2. Whether location of adult entertainment businesses should be regulated. 3. If regulation of location is necessary. the approach the regulation should take. It was asked that speakers limit themselves if possible to five minutes to allow others time as well. Mr. Jack Burns of 500 108th Avenue W.E., Bellevue. Washington, informed the Commission that he is an attorney who lives and practices in Bellevue and represents several adult entertainment businesses in the State and throughout the nation. Mr•. Burns noted that most of what the law enforcement officers had talked about were activities that went on inside the establishmentsand which are clearly out of the jurisdiction of the Planning Commission. He stressed that the Staff report states that Bellevue currently is not experiencing any secondary effects from adult entertainment uses. This is true also of the panoram location in Bellevue. He suggested that the —7— Commission go slowly in deciding just what the secondary effects that they will have to deal with will be. Ha said that parking•as a secondary effect will probably not be a problem. Mr. Burns questioned what the adverse secondary effect would be on a church from a zoning standpoint resulting from and adult entertainment usage in the area. He has never,.heard of anyone refusing to attend a church because there was an adult entertainment establishment in the vicinity. He felt that any impact to the church would probably be visual resulting from signs or window displays. This is covered pretty well by Bellevue's sign ordinances now, which are very stringent. If restrictions such as requiring two thousand feet between sensitive uses and adult entertainment uses are adopted, there may in fact be no place in the City of Bellevue that these businesses could operate. The Planning Commission should be concerned with zones, not with uses. - Adult business should be separated from residential zone rather than from residential uses. • He also questioned what the impact is on school children who must walk past these businesses on their way to school. If the concern is visual then regulations are probably appropriate. If the concern is of kids going into these places, there are already laws that deal with that. If the concern of availability of materials to minors, the fault might lie with those adults who are buying the material and making it available to children. Isolating adult entertainment uses from schools will probably not solve all these problems. Mr. Burns said he is not opposed to the dispersion approach to safeguard the quality of residential areas but that this approach must be tempered with the distances available in Bellevue so that a zone -out effect is not created. A zone -out would be unconstitutional. It has been his experie-nce that the problems associated with adult entertainment have come when they are concentrated into a particular area. This affects property values in those areas as well and in general is deleterious. Here is also where the law enforcement pfobi etas ar.i se• from ... all the people congregating in one area. Since the businesses which are now operating within the City of Bellevue are not causing any secondary effects, his recommendation to the Commission was to grandfather those businesses in should there be any zoning ordinances passed that made the uses non -conforming. In conclusion, Mr. Burns reiterated that the Commission should study just what the secondary effects might be and target very narrowly a response to them to have a minimum impact on the business and the maximum effect to solve the problem. Mr. Peter Rutherford of 14522 S.E. Street, Bellevue, Washington, stated that he would not want any of his nine children to have to walk_ past an adult entertainment business to get to or from school. He feels the -8- 471 location of such a business near a school would be deleterious to quality of life in the area. He also pointed out that the Study shows that there appear to be no major secondary effects here in Bellevue, not that there are no secondary effects at all. He urged the Commission to study the effects on the economic environment, the social environment, and the effects on the city -and the region. • He does not like the thought that a single adult entertainment business can and does attract customers from'as far away as fifty miles. He is also concerned with the number of so-called undesirables that frequent such places. He pointed out that the Staff report says the regulations can be preventative and not just corrective and urged the Commission to consider regulations that would be preventative in nature. His personal recommendation would be to follow the Kirkland guidelines of a dispersal approach along with a conditional use approach. Referring to page 28 of the Study, he stated that the fourth option of conditional use, which is stated to be more burdensome than the dispersal approach, is perhaps a burden that the City should carry. Andrea Vangor, 148 Boren Avenue, Seattle, Washington, informed the Commission that she is the Executive Director of Washington Together Against Pornography. She pointed out what she considered to be inaccurate citations of law in the Staff report and stated that the Commission should be aware of the current tools of law in order to make correct decisions. Since the 1979 ruling by the State Supreme Court, all cases regulating matter of adult entertainment have been assigned to the State Legislature. This applies to all three legally definable areas of pornography: obscene matter; harmful to minors matter; and child pornography. The city may not regulate content, only activities that take place on premises. RCW 7.48 along with RCW 9.68 constitute the State obscenity law, which has a civil and a criminal portion. The criminal portion is enforceable by an officer of the state, and the civil portion may.be enforced by the City Attorney's Office. This latter would probably not happen because of the great costs that go along with it. A city could look to a cooperative effort with the Attorney General's office in line with racketeering legislation. Currently, the State obscenity laws are in the hands of the Stats Supreme Court awaiting a ruling on the constitutionality of the law. Without proper zoning laws, a city will not be able to deal effectively with the operating of adult businesses. Ms. Vangor encouraged the Commission to check with Christine Gregoire who is the state's expert on obscenity and pornography and is also an Assistant Attorney General for the State of Washington. Commissioner Blacker.asked for Ms. Vangor's opinion concerning Staff's recommendation that the state's regulations of dance halls, bath parlors, -9- • et cetera are sufficiently regulated as to not require any further locational regulations. Ms. Vangor said that she did'not think the current regulations were enough and that the city of Seattle should not be the model for Bellevue The next person was -Seth Woodward of 14624 S.E. 42nd Street in Bellevue, Washington, representing_the East King County Chapter of the Amer-ican Civi1 Liberties Union. Her primary concern with the regulation of adult entertainment uses is that it will impact freedom of expression in Bellevue, both for the owners of the businesses and those who may wish to begin them. She stated that each small loss of freedom of free citizens diminishes society. The use of the conditional use approach to zoning would provide an opportunity for discrimination each time a use was considered.' Laws and regulations should only be imposed by government when compromise cannot be achieved through•other peaceful means. Most businesses are regulated by the market place and adult businesses should be treated the same. It is important to allow for diversity within the community and not allow the views of one group to restrict the expression of other groups. The formation of regulations of certain types of businesses may be based on incorrect assumptions and may lead to effects other than those anticipated, Chris Lyndon, 2011 76th i'n Bellevue, Washington, expressed her concern for what she termed the weak in a community -- women and children -- and sexual abuse that results from emotions that result from using the products or viewing the products soid by these businesses. This is viewed by her to be the most serious secondary effect of adult entertainment. These establishments should not be treated as just another business because they are not just another business. Where they are congregated together, serious crime results. The same does not take place with stationery stores or computer software outlets. There should be as much regulation as possible. Mr. Colin Radford of 3663 Fairweather Lane, Medina, Washington, explained that he manages a property occupied by an adult toy store in downtown Bellevue. As a property manager, he has certainly kept up on the opinions of the building owner, the surrounding tenants, and the community at urge as they regard the adult entertainment business that is in the building. He said that opinions about any store vary in relation to who is running the store. He doesn't feel that there has been anything happen in with the store he oversees that would warrant zoning changes for the city as a whole. Probably visual control, which for the mos.t part is undertaken by the tenants themselves, would be enough keep the businesses in favor with local residents: He felt it would be helpful for the City to have a • checklist so that these businesses would take into consideration some of the concerns that other people may have. —10- 47 Commissioner Conger asked Mr. Radford to put himself in a hypothetical position and asked how he would feel' if he were the owner of a retail establishment which caters to children or families, which has been profitable to him, and have a topless place open next to him. Mr. Radford states that he would appreciate having as much space between them as possible. He felt that guidelines of this sort should be developed by the Commission but in coopetat4 on with those business owners who wouI4 be directly affected. Mr. Ullery, owner of R&R Adult Toys, 210 - 106th Place N.E. Bellevue, Washington, pointed out that adult entertainment establishments have been operating in Bellevue for the past fifteen years. During this time, there has been no increase in prostitution, child pornography, or other crimes usually associated with adult entertainment. These•businesses have generated tax revenue for -the City and judging from the sales, there is a need for the product. Mr. Uliery feels that most of his customers live within ten miles of his store. Mr. Hal Woosley, PO Box 2325, Bellevue, Washington stated that he is the owner of the building housing the Love Works store. As a.property owner, he is very careful in choosing the businesses which will occupy his spaces. Mr. Woosley said that he as an individual is strongly against what he called hard-core pornography, calling it a cancer in our society. If he felt that there were anything wrong with the Love Works store and the merchandise they carry, he would not have allowed them into his building. They do not sell any hard-core equipment or magazines. Shops of this type do not pose any hazard. From his office window, Mr. Woosley can see the people who shop there and they include people from all walks of life. He urged the Commission to be cautious in formulating regulations in the area of adult entertainment. Commissioner Conger asked what the reaction of the other tenants had been when the Love Works store set up. Mr. Woosley said that there had never been any problems with the other shop owners. . With no further speakers', the public meeting was closed at 9:06 by Chairman Lukens who then left to attend another meeting. Commissioner Blacker chaired the remainder of the meeting. 7. STUDY SESSION -- Adult Entertainment Commissioner Conger felt that there seems to be many differing opinions as to what comprises adult entertainment uses and that perhaps Staff should spend a little time in focusing on what the different uses may be. - Rob Odle .informed Commission that he is scheduled to come back next week to discuss furtherthe public input and address any inquiries that the Commissioners may have regarding adult entertainment uses. He asked if the Commission had any further research tasks for Staff to focus on during the intervening week. Staff will be working on Part 2 of their recommendation to the Planning -Commission and will include those concerns that were raised by public input. He pointed out that the Staff study is a joint effort of -11- U9, the Planning Department, the Police Department, and the City Attorney's Office Commissioner Ferris wanted to know whether neighboring communities have found the existing regulations to be adequate and wondered if Bellevue's should be broadened. Mr. Jim Turner, legal counsel for D00, explained somewhat further the legal considerations set forth in the'Study. He agreed with Ms. Vangor who spoke to the issue of keeping minors out of these establishments. He feels that these places have a history of being self-regulating. He agreed that the laws aimed at keeping minors out have never been enforced. He also reminded the Commission that they are not to attempt to regulate content but location and secondary effects only. Placing flat restrictions on such places as massage parlors will place undo strain on such places as fitness -gyms and health clubs. Mr. Turner clarified the report which states that any new development is subject to sign review. A new tenant moving into an existing development may put up a sign which would not be subject to sign review. Commissioner Conger asked how the sign regulations would apply to adult entertainment establishments. Mr. Turner said the regulations -would involve the size and location of the signs. The regulations do not relate to content and he sees potential constitutional problems in attempting any sort of regulation of content. - The Commission delayed a -general discussion on adult entertainment uses until next week after having time to digest the public's comments and the Staff report. Commissioner Blacker wanted the Commission members who were absent at tonight's meeting to have a copy of the public's comments as soon as possible. These will be provided to Staff by 9-21-87. 8. OLD BUSINESS Approval of Minutes of August 12, 1987 and August 28, 1987. Because of a lack of quorum, approval of the minutes was delayed to the next meeting. 9. NEW BUSINESS Commissioner Blacker handed out reprints and articles concerning the recent Supreme Court decisions regarding Land Use Codes. 10. PETITIONS ANO COMMUNICATIONS - None -12- 11. ADJOURNMENT Motion to adjourn was made by Commissioner Conger and seconded by . Commissioner Ferris. The meeting adjourned at 9:24 p.m. • -��- /6/1/3.'7 Secretary to the ?tannin g Commission Date /oh /gr? Chairman of the Planning Commission . Date —13— • PART '1 I ANALYSIS AND RECOMMENDATIONS • • ALTERNATIVE ANALYSIS -- - The following chart reviews the advantages and disadvantages of•the various regulatory approaches described earlier and applies them to Bellevue. This range of alternatives varies from the No -Action Alternative (#1), which would not specifically regulate the location of adult enetertainment uses, to that of an outright prohibition (Alternative 5). Alternative 2 looks at the impact and applicability of the widely used dispersal/modified dispersal approach. At this time, in the analysis of Alternative 2, no distance standard was utilized. Alternative 3 reviews the concentration approach. In this case, LI (Light Industrial) zoning was selected as itis the one zone that was least likely to contain or be adjacent to sensitive uses. Alternative 4 analyzes the applicability of a Conditional Use Permit (CUP) for adult entertainment uses. EVALUATION OF ADULT USE ZONING ALTERNATIVES ZONIiiG ALrERmArzVEs NATURE OF REGULATIONS EVALUATION: ADVANTAGES/DISADVANTAGES 1. NO ACTION The "No Action" alternative would maintain the existing zoning policy of allowing adult uses in designated commercial zones throughout the city. Accordingly, adult businesses could locate in all or some of the Following zones; LI, GC, NH, CS, 0L8 and CED zones, depending on the nature of the specific use. This zoning policy does not distinguish between busi— ness activities based on the "adult" characteristic of certain uses. Advantages: Maintaining existing regulations represents the Least cast option in that no resources would be required to draft and implement new regulations. Oisidvantaaes: Present zoning policy does not specifically seek to protect residential, educational, religious, and recreational uses from the land use incompatibilities of adult businesses. Some schools, churches, and resident_= areas are currently located near commercial zones which aay allow adult businesses under existing zoning regulations. As a result, the "No Action" alternative does not appear to mitigate the adverse secondary land use impacts commonly associated with adult businesses. II -2 EVALUATION OF ADULT USE ZONING ALTERNATIVES ZONING ALTERNATIVES - - ;NATURE OF REGULATIONS EVALUATION: ADVANTAGES/DISADVANTAGES Z. MODIFIED DIS- PERSION IN COMMERICAL ZONES Under this alternative, certain adult businesses would be per- mitted in designated commercial zones which are not located within a specified distance or any school. -public park, church, or residential area. Depending on the dimensions selected, this would restrict locations to portions of the C30, Bel -Red Crossroads,' Eastgate and North Bellevue areas. A dispersal requirement which would re- quire a specified minieue dis- tance between adult uses could be included as part of this alternative to avoid cluster- ing of such uses in ane area of the city: Advantages:. This alternative would seek to maintain the integrity of the city's residential, educational, religious, and recreational environ- ments by ensuring separation from incompatible adult uses. A dispersal requirement nay also help to mitigate against any negative econoeic influences which adult uses may have on the business environment. Disadvantages: The specific dimension selected will determine whether an adequate amount of land is available for adult uses to locate. Soma administrative time will need to be spent administering any distance requirement. • 3. CONCENT2.TION APPROACH This approach would allow adult businesses in a specific zone such as LI. Amendments to present zoning policy to allow commercial uses in industrial zones would have to be imple- mented. This alternative could be acidified by requir- ing a minimum distance between adult uses in industrial zones, in effect promoting dispersal of such uses but only within that zone. Advantages: This approach specifically defines a specific area of the city as suitable far adult uses. Disadvantages: To allow adult businesses in industrial zones would probably require a significant change in zoning policy. Allowing adult businesses may also involve allowing other general business activities; hence. a signifi- cant change in policy. A traditional concen- tration policy would not afford any protection to sensitive uses such as residences or schools should they be located in or near the zone selected. Hioher inti ciente of crime is also assoc- iated with the cineentration of adult uses 4. CONDITIONAL USE PERMIT Under this alternative, certain adult uses would be permitted in specified commercial zones by conditional use permit (CUP) only. Therefore, approval would be made by the H. Ex. City Council., Special criteria or guidelines relating to operational and/or locational characteristics could be in- cluded in the CUP approval process in order to cake the proposed use compatible with its surrounding environment. •{The CUP process could also be combined wham either al- ternative #2 or I3, above.) I1-3 Advantages: Depending an the particular guide- lines or criteria developed, this alternative represents a flexible zoning device which is able to respond to varying circumstances. Through the adopted guidelines, protection of residential, educational, religious, and recreational uses could be pursured. Oisadvantages: This alternative would likely involve higher administrative coats sines each application would have to be specifically processed by the Hearing Examiner and City Council. New CUP •criteria specific to adult uses would need .to.be.added to the Land Use Code_ Because there is no assurance'Eha.t any .adules _vo.uld. be approved, such -:a r=guia:ion may be unconstitutional (prior restraint). .33 EVALUATION Of ADULT USE ZONING ALTERNATIVES ZONING ALTERNATIVES — _ ••NATURE OF REGULATIONS EVALUATION: Al/VANTAGES/DISADVANTAGES • 5. PROHIBITION This alternative would pro— hibit certain adult uses al— together. As anticipated, specific adult uses would be defined_and regulations would be developed which prohibited the from locating within the city. Advantages: Under this alt:rnative, the total community would be protected from any adverse impacts of adult uses. Disadvantages: Outright prohibition of all or certain adult uses, especially those which may be protected under the First Amendment would be unconstitutional. The above analysis shows strongly that should the Planning Commission conclude that regulation of the location of adult entertainment uses is necessary, that the modified dispersal approach was the type of regulation most likely to mitigate the secondary effects with the least intrusive regulation. As a major issue regarding the modified dispersal approach is appropriateness of a selected radius, the following chart was developed. This chart displays the land available for locating adult entertainment uses using various radii and utilizing the following assumptions: 1. Sensitive uses (those areas that adult uses are to be dispersed from) include: all non -CBO residential zones, all single and multi -family .uses, daycares and preschools, primary/middle/secondary schools, religious institutions and public parks. • Uses and zones include all areas within the City as well as adjacent to the City. 3. Adult uses potentially could locate in all CSD, C3 and OLS zones. The total of these zones equals 855.67 acres. 4. Radius is measured from the perimeter of the property and not a central point. 5. Only that:portion of a parcel which is within the radius area is subtracted from the available acres; and, 6. Radii selected were in 500 foot increments except for 600 which corresponds to an average block length in Bellevue. RADIUS ACREAGE AVAILABLE PERCENT AVAILABLE TO 10/8/87) TOTAL ACREAGE IN ►HE ZONES 500 600 I000 1500 413.7 325.9 114.5 0 TT _A 49.7 40.6 16.2 0 In reviewing the available acreage it should also be noted that'uses could be dispersed within the available.areas which would limit the potential number of sites once an adult entertainment use was located in the zone. It should also be noted, that two of the current uses (R & R Adult Toys and Love Pantry) could became non- conforming with any of the radii analyzed. Love WorKs is already a legally non- conforming use, as it currently is not a permittee use in the GC zone.. . Having analyzed the available options, -the next section will describe the conclusion to be drawn from this study and present the staff recommendations. TT_:: CONCLUSIONS AND RECOMMENDATIONS CONCLUSIONS • The previous sections of this study have presented basic information and analysis on the question of the need for the_Caty of Bellevue to regulate the location of adult entertainment uses. This section will present the conclusions that can be drawn from the previous sections and present the staff recommendation. Based on the information contained in this study and the public meeting of June 18, June 25 and September lb, And the study session (and its concomitant research) of September 23, 1987, staff concludes the following: 1. Cities have the ability to regulate the location of adult entertainment uses in order to mitigate the secondary impacts associated with such uses. This ability rests on a series of constitutional tests to ensure that free speech is not restricted and that the regulation does not create en out- right ban on adult entertainment uses. 2. The City of Bellevue can rely an the experiences of other cities in assessing the need for and the type of regulation• selected. 3 . 7ner�e is evi dente of a 1 i nkaae : between the incidence af: cri i nal activities near and in association with sone adult uses (especially if they are concentrated). There•is no clear consensus that exposure to pornography causes people to develop criminal behaviors. 4. Evidence suggest eijecency of residential uses to adult entertainment uses reduces:the value of the residential property. Concentration of adult entertainment uses in commercial areas may also adversely effect property values. 5. Adult entertainment uses are perceived to negatively impact the character of established neighborhoods and potentially be disruptive influences (depending on the type of use). 6. Adult entertainment uses do not always create negative secondary effects but many cities have experienced negative secondary impacts from adult entertainment uses. 7. Presently, there are no known negative secondary effects associated with the three adult entertainment uses located in Bellevue. This situation could change in the future should new uses be created or the nature of the establishments chance. 8. Each municipality in the area has chosen to regulate the location of various adult entertainment uses. 9. Adult en-tainment uses can be incompatible with certain sensitive uses such as; residences, schools, daycares, religiousinstitutions and public parks. The City of Bellevue Comprehensive Plan strongly supports that adjaceni land uses be compatible. TT_= Given the current system of land use regulation in the City of Bellevue; the modified dispersal/concentration approach would be the most effective type of regulation to mitigate and prevent the negative secondary impacts of adult entertainment Uses from occurring. This type of regulation would also be the least intrusive form of regulation. 12. Adult entertainment uses should be confined to those zones in which all the adUl't entertainment-ases'are currently permitted in.' These'zbnes would be CB, OLE and all the CEO zones. . 13. Utilizing a distance of 600 feet between adult entertainment uses and sensitive uses would correspond to the length of a normal city block. Such a radius would also permit a reasonable amount of land to be available for adult entertainment uses to locate within. 14. Utilizing a distance of 600 feet between adult uses would provide an adequate separation in order • to avoid a concentration of such uses. 1S. As the current adult entertainment uses are riot known to be creating any negative secondary impacts, these uses should be allowed to continue in their present location even if the selected regulation should make them non -conforming. RECOMMENDATIONS Based on the facts and conclusions contained within this study, as well as those sources listed in the bibliography, and on all communications received by staff during public meetings; staff recommends to the Planning Commission the following for the regulation of the location of adult entertainment uses: 1. Adult entertainment uses shall be restricted to C3, OLE and all CEO zones. 2. Adult entertainment uses shall include adult retail, adult theatre 'and massage services. 3. Adult entertainment uses cannot locate within 600 feet from the following whether within the City or not: all residential zones (R-1 through R-30); all single and multi -family uses; all daycare and preschool uses; all primary, middle• and high schools; all public parks; -and religions institutions. • 4. Adult entertainment uses shall not locate within 600 feet from any other adult entertainment use. • •-- 5. All existing adult entertainment uses made non -conforming by this regulation would continue as legally non -conforming uses. II -7 57 A $F< City of G Bellevue SNtNG\ MEMORANDUM DATE: October 6,1987 TO: Rob Odle FROM: Jim Turne RE: Feasibility of Adult Material Display Regulation The Planning Commission expressed an interest in regulating the display of "adult materials" so as to prevent view by minors. For the reasons stated below, it is almost certain that the City is precluded from enacting any such regulation. A. Pre—Emotion: RCN 9.68, discussed in earlier memoranda, addresses dissemination of adult materials to minors. As we have seen, it provides a framework for labeli-ng such materials, and once labeled, such materials may not be sold or exhibited to minors or displayed in public. RCW 9.68.050-120. Also found within that statute is the statement, "the provisions of RCW 9.68.050 through 9.68.120 shall be exclusive." RCW 9.68.120. Construing that language, the Washington Appellate Court has struck dawn a city ordinance addressing dissemination of erotic materials to minors, concluding the city preempted by the state legislation. Tacoma v. Naubert, 5 Wn.App. 856, 491 P.2d 6s"2 (1971); see also, State v. Smith, 14 Wn.App. 9, 538 P.2d 1235 (1975). The court in Tacoma v. Naubert stated: "'We can only conclude that in using the words 'shall be exclusive' the legislature intended to occupy the legislative field in the distribution of indecent materials to minors, to the exclusion of counties or cities." Tacoma .v..Naubert, 5 Wn.App. at 862 In a more recent case, the Washington Supreme Court struck down a Spokane ordinance making it unlawful to sell or distribute obscene (non—constitutionally—protected) material. Spokane v. Portch, 92 Wn.2d 342, 595 P.2d 1044 (1979). At the time the ordinance was enforced, RCW Chapter 9.68 contained a simflar, though less restrictive, criminal prohibition of the dissemination of obscene material. RCW 9.68.010 (repealed by 1982 c 184 section 11). Although RCW 9.63.120, the "exclusive" provision relied on by the. court in Tacoma v. Naubert, did not apply to RCN 9.63.010, the court in Spokane v. Portcn nevertheless determined Spokane preempted by the statute: The court discussed the doctrine of preemption, considered the scope of RCW 9.68, and concluded: "We believe that the comprehensive major of this chapter indicates an intent on the part of the legislature to pre—empt that area of obscenity control included within the statute." Rob Odle 'October 6, 1987 Page 2 Sookane v. Portch, 92 Wn.2d at 348. . Integral to the decisions reached by the courts in both Tacoma v. Naubert and Sookane v. Portch, is the constitutional sensitivity of regulating adult materials. Noting the'chilling effect on the exercise of free speech of such regulation, the confusion and practical problems attended to a "legal thicket' of varying local regulations and the fact that the proper "community" for judging whether a material was obscene or harmful to minors is the state as a whole, the courts considered regulation properly centralized at the state level. Importantly, in Spokane v. Portch, the court cited cases involving zoning regulating the location of adult uses and stated that the pre-emption doctrine did not restrict such regulation. Sookane v. Portch, 92 Wn.2d at 349. Implicit in the court's statement was the conclusion that such regulation did not fa}1 within the purview of RCN 9.68. However, with respect to the display regulation presently under consideration by the City of 6ellevue, it should be kept in mind that the court characterized "the sale, distribution and exhibition of erotic materials to minors" and "public display of 'sexually explicit material'" as within the purview of RCA 9.68. Sookane v. Portch, 92 Wn.2d at 348. Although the argument might be made that the regulation of interior display of materials which are harmful to minors is not squarely addressed by RCS 9.66 and thus within Bellevue's regulatory purview, successfully forwarding such an argument in court would be highly unlikely. RCN 9.68 does deal with interior display in that it requires the 48 point type "adults only" label, and It prohibits public display of such materials. That fact coupled with the court's characterization or RCA 9.68 as "comprehensive" in its control of obscenity leads to the conclusion that the court would consider Bellevue pre--empted with regard to regulating inteerior display of adult materials. 8. Constitutionality: Disregarding for a moment the fact that Bellevue is probably preempted by the state legislature,.any attempt at display regulation would face certain constitutional challenge. The Federal Circuit courts that have dealt with the issue squarely are split with regard to the constitutional permissibility of such regulation. American Booksellers Association v. Commonwealth of Virginia, 792 F.2d 1261 (4th Cir. 1986) (struck down); Uooer Midwest Booksellers v. Cite of Minneapolis, 780 F.2d 1389 (8th Cir. 1985) (upheld); M.S. News Comaanv v. Casedo, 721 F.2d 1281 (10th Cir. 1983) (upheld). The issue is whether such regulation is "overbroad" in its attempt to shield minors from adult materials and thus unduly restricts adults' access to materials protected as to them. To this date, neither tate United States Supreme Court nor the 9th Circuit Court of Appeals has addressed the issue, and for our jurisdiction, the permissibility of such regulation remains unresolved. 6339b/1m r e<<t�` City *of Bellevue • ktNG� MEMORANDUM Date: October 9, 1987 To: Planning Commission Members From: .=O Robert G. Odle, Planning Subject: Regulation of the Location of Adult Entertainment Uses Attached are the materials for your study session regulating the location of adult entertainment uses. The first attachment is the staff response to the research requests made at the last study session. The second attachment is Part II of the•adult entertainment study and contains the Analysis and Staff Recommendations. At your meeting Wednesday evening (October 14th) Stephanie Brod and I will start by reviewing the first attachment and respond to any questions you may have on it. We will then review Part II of the study and present the staff recommendations. Following that discussion, staff requests that you •provide precise direction on the drafting of an ordinance to regula t the location of adult entertainment uses (should you be prepared to give direction). I look forward to our discussion on the fourteenth and should you have any questions in the interim please contact me at 45E-8880. RGO:jb Attachments cc: Bruce Freeland, Planning Director Rob Seem, Principal Planner ,Adult Entertainment File Adult Entertainment Task Force /_ A t L A � �• L rrrBellevue Uo 9sh'7NG� MEMORANDUM Date: October 7, 1987 To: Planning Commission Members From: RL' -''Robert G. Odle, PIanning Subject: Adult Entertainment Study - Further Research At your direction, staff has researched various topics which relate to the regulation of the location of adult entertainment uses. In this memo, I will respond to inquiries which relate to the planning aspects of such a regulation. Attached are memos from Stephanie Brod and Jim Turner which relate to the legal aspects of such regulations. CRITERIA FOR DIMENSIONAL STANDARDS Various cities in the area using the dispersal or modified dispersal approach have utilized different dimensional standards for the separation between adult uses and sensitive uses (residences, parks, etc.) as well as between adult uses and other adult uses. The following chart describes the standard and the reason for the dimensions selected. Municipality Bothell Issaquah Kirkland Mercer Island Redmond . Dimension Reason 300' Corresponds to public hearing notification radius which has bean determined to be the area of interest. 500' for most Selected by the amount except Issaquah of land made available Creek for the location of • adult uses. 1500' Determined to be appro- priate to protect sensitive uses. 800' Corresponds to average block size in the Central Business District. Based on block size and prevents uses from being closer than the opposite - ends of two adjacent blocks . 1000' Renton • MULTI -TENANT $iRUCTURES 1000' (Only Determined to be appro- from sensitive priate to protect sensitive uses) uses and had been previously upheld as a reasonable ' dimension (Young vs. American Mini Theatres) The Planning Commission wanted staff to review the issue of requiring adult uses to locate only in multi -tenant commercial structures. While currently all three adult uses are in multi -tenant structures, staff believes this would be an unnecessary level of regulation. Such a requirement could be considered an undue restraint on locating adult uses. Further, the mitigation of secondary effects would seem to be no greater in a multi -tenant versus a single tenant structure. The -argument put forth was that multi -tenant structures are surrounded by parking lots (hence de -facto dispersion). While some of these structures do have larger parking areas surrounding them, others do not. Therefore, dispersal from and buffering to sensitive uses is not inherent with multi -tenant structures. Staff believes such a requirement would be cumbersome, unnecessary and not achieve any greater level of mitigation. MASSAGE SERVICES Staff has reviewed the occupational location of the twenty-eight licensed masseuses in the City. The type of establishment and the number of masseuses working at each type are described below: Establishment (Number of) Masseuses 'Athletic Club (1) 5 Health Clubs (4) 7 (Beauty Salon (4) 4 Independents (10) 10 (No establishment) Essentially, there are no "massage parlors" currently located in Bellevue but massage is associated with other uses such as: athletic clubs or beauty salons. Because of the secondary effects that may be associated with "adult massage parlors" and because of the inability to readily differentiate between an "adult" and a "non -adult" establishment without defeating the purpose differentiating adult uses; staff recommends that an establishment whose sole use is massage be treated as an "adult" use and be.required to follow any regulations determined to be appropriate for adult uses. However, any massage service associated with an athletic club, medical facility, health club, beauty salon, approved home occupations or which solely provides massage off premise, should be excluded from such a requirement. While such a requirement restricts non -adult massage parlors, this regulationvrould not effect.any current uses and the regulation would provide the necessary level of protection from the possible secondary effects of "adult massage parlors". -Z- { LIVE ENTERTAINMENT While the Bellevue Lewd Conduct Code prohibits public lewdness and nudity, artistic dance is permitted. In order to prevent the possibility that topless dance establishments could be permitted and yet not be subject to- regulation of location, -staff proposes the following nevi sea` definition in lieu of the definition for Adult Motion Picture Theatre: Adult Theatre An enclosed building or drive-in facility used for live entertainment, dancing, or the commercial presentation of motion picture films, video cassettes, cable television, or any other such visual material, per- formance or activity, whose content is characterized by an emphasis on matter depicting, describing, or relating to 'specified sexual activities' or "specified anatomical areas" for observation by patrons therein. Panorams, picture arcades, ,veep shows and "topless" establishments. are Included in this definition. SCHOOL DISTRICT - WALKING BOUNDARIES Currently, the Bellevue School District provides bus service to elementary school children who live farther than one mile "walking distance" from the school. "Walking distance" -is defined as the actual distance that a student would need to realistically walk to reach the school. Middle and high school students receive bus service if they are greater than two miles wafting distance from their school. In reviewing the various dimensional standards with you that an adult regulation may utilize, staff will highlight the location of schools and their relationship to the nearby commercial areas. However, it should be noted that using a dimensional standard of one mile (elementary school standard) would preclude all land in the City and would be found to be unconstitutional. I hope the preceeding responses and the attached memo answer your questions regarding the location of adult entertainment uses. At your October 14th meeting, staff will review each of these responses with you. Should you have any questions in the interim please contact me at 455-6880. RGO:jb cc: Karli Jorgensen, Legal Rick Kirkby, Legal Stephanie Brod, Design & Development Jim. Turner, Design & Development Steve Bourgette, Police Adult Entertainment File • -7- 63 6_ mac: .11SF±Iy tom. • DATE: October 6. 198; • TO: Rob Odle. Senior Planner FRCM: Stepaanze Brod. Legal Planner SUBJECT: Adult Entertainment Issues AMCRTIZATION OF EXISTING ADULT CSES Although zoning regulations .cannot be applied retroactively. the Courts have upheld amortization provisions for azes or structures which become nan- confcraing. These provisions permit the property owner to amortize for Federal income tax purposes t: a non-con;oral: g use or structure for a specific period of time. At .the end of that period, contcrnaace with current codes or removal is required. The City of Bellevue initiated a nine year sip amortization program for signs over 14 years ago. Same local jurisdictions have developed amortization programs far existing adult uses. These ordinances have been upheld by State and Federal Courts so Long as the time requirements for conformance with new regulations are reasonable. See. City- of Vallelo vs. Adult Books 213 Cal. Rpt.. 143 (1985) (Ordinance requiring compliance with distance requirements t%izhia one year upheld) People Teas. Ir:c. vs. Jackson Countv Legislature. 636 F. Supe. 1345 (W.D. Mo. 1936) (Court held that 120 day compliance period for meeting distance requirements is not. reason- able regulation.) Although an amortization program is a viable option. staff does not recommend initiating such a program. The existing adult uses is Bellevue are not located such that they create adverse impacts to surrounding uses. It is inportait to note that as amortization program would net eliminate these uses but merely require them to relocate to a location which meets the zoning and distance and other land use requirements. In addition. the City staff have had difficulty in administering the sign amortization program. Aithouzh an arortizatioa program for adult uses wcu ld not be as administratively burdensome as the sign program. the Planning Commission needs to determine whether such a program will accom- plish the desired results. CONDITIONAL USE RECCIREME iTS FOR ADULT USES An alternative approach to outright permitting adult uses with seecific distance and other dimensional requirements could involve conditional use approval. This approval requires a public hearing before the Hearing Examiner and City Council Action. However. the current standards and decision criteria far conditional use approval (harmonious in character; net detrimental to neighboring uses or property. etc.) may be unconstitutionally va ue when applied to Adult uses which have certain First Ame :dment protections. A recent decision by the Maryland State Scpteme Court upheld an ordinance which Rob Odle October 6, 1987 Page 2 required a conditional use permit for adult bookstores and establishments 52n Pulaski Hi,enway. Inc. vs. Town o: Perryville. 519 A.2d 206 (19671.. The specific decision criteria in the ordinance at issue included the following; nat re o= size, traffic, impairment of surrounding development. proximity of seasiti:•e uses and possible deterioration of areas and neighborhoods. Other courts have rejected conditional use approval where the standards are too vague. S. Zebulon 2n-.e_crises. Inc. vs. County of DuPa?e. 406 NZ 2nd 1256 (198G1. Staff does not recommend a conditional use approach which would involve he cre- ation of new decision criteria. Distance and other dimensional requirements can be imposed without a cambersoine discretionary process. Design « Development • Dept. currently reviews all business registration applications. to ant improve- ments, and building permits for compliance with land use regulations. Specific distance requirements could be imposed through various channels if adult uses are •permitted outright:. 5n: lab • A Cozy of Ai, _. MEMORANDUM PHONE: 2751 DATE: October 6, 1987 TO: Rob Odle, Planning FROM: Jim Turner, 000 SUBJECT: Regulations of Adult Entertainment Signs The Planning Commission expressed interest in.specific regulation of signs associated with adult entertainment uses. The following is a discussion of the constitutionality of regulation exceeding present regulation of Bellevue applicable to all uses. At present, City of Bellevue does regulate to a certain extent the information which businesses may place on their signs. Building mounted signs in commercial districts are "limited in content and message to identifying the building and the name of the firm, or the major enterprise, and the principal product and/or service information.° E.g., BCC 220.10.030.E.2.b. Freestanding signs are somewhat more restricted, "A freestanding sign located between the property line and the building line shall be limited in content and message to identification information only." E.g., BCC 220.10.030.E.1.d. Even under these regulations, and under design review when applicable, an adult entertainment use could theoretically display text, symbols or pictures considered lurid. The code sections identified above would only limit: the type of information provided to a certain extent, while design review would only limit to an extent the colors used in the sign or the materials used for the sign. A few of our neighboring jurisdictions, Mercer Island, Bothell and Kirkland, specifically regulate signs for adult entertainment uses to "words only." For the reasons stated below, however. such regulation raises serious constitutional issues and are subject to invalidation. A. Commercial Speech All the signs of the type we are concerned with here are commercial in nature. Nevertheless, they are stili protected by the same First Amendment guarantees as any other speech. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, 425 US 743, 48 L.Ed.2d 346,-96 S.Ct. 1817. (Commercial speech only -loses its constitutional protection if it is misleading, false, or proposes an illegal transaction.) Consequently, the fact that Bellevue is contemplating the regulation of advertisement for adult entertainment does not exempt the City from constitutional limitation on such regulation. 14,0 Rob Odle, Planning October 6, 1987 Page 2 • B. Reaulation of Speech The general constitutional restriction applicable to "content—neutral" regulation of speech is stated as follows: EA1 government regulation is sufficiently justified if It is within the constitutional power of the government; it furthers an important or substantial governmental interest; if a governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest. • United States v. O'Brien, 391 US 367, 377, 20 L.Ed.2d 672, 88 S.Ct. 1673 (1968). Thus, even if Bellevue desired to restrict all signs within the city to words only, the City would have to exhibit: (1) a substantial government interest in doing so, (2) that its reason for doing so was not to suppress free expression, and (3) that restriction of signs to words only was no greater regulation than necessary to further the substantial interest sought to be obtained. That same limitation applies to Bellevue's Sign Code as it exists presently, and although our present sign code has yet to be tested, it would probably withstand constitutional scrutiny. The real issue here is ane of degree: How important is the aovernmental interest, and hour restrictive is the regulation? Or, stated another way: Are there adequate alternative modes of communication? See e.g., City Council v. Taxpayers For Vincent, 466 US 789, 80 L.Ed.Zd 772, 104 S.Ct. 2118 (19E4). The Supreme Court has answered the latter question in the affirmative when it upheld the prohibition of certain types of billboards, Metro Media. Inc. v. San Oieco, 453 US 490, 69 L.Ed.Zd 8OQ, 101 S.Ct. 2882 (1981), and a prohibition of a posting of signs on public property, City Council v. Taxpayers For Vincent, supra. My sense is that in our case, a general restriction of signs to words only could go either way. C., Eaual Protec t i oa Unfortunately, constitutional protection of free speech is not the only hurdle facing the regulation of adult entertainment signage. If, as some of our neighboring jurisdictions have done, Bellevue applied a words only regulation to adult entertainment enterprises alone, the regulation could be effectively challenged under the doctrine of equal protection. The courts have always recognized that governments must necessarily involve themselves with line drawing when enacting -regulations. Consequently, the Fourteenth Amendment Equal Protection Clause generally requires only that governments have a rational reason for differentiating some of the public different from the rest. However, when "fundamental rights" are subject to dissimilar.regulation, the courts subject such regulation to "strict scrutiny." Under that strict scrutiny, the Court requires that (1) the government have a compelling interest in discriminating in its regulation, 27 e. Rob Odle, Planning•' October 6, 1987 Page 3 (2) that compelling interest must be directly advanced by the regulation, and (3) that regulation must be the least restrictive means available for accomplishing that compelling interest. See e.a.. Dunn v. Blumstein, 405 ' US•33O, 31 L.Ed.2d 2.74;-.92 S.Ct. 995. • In the present situation, the fundamental right impinged upon by the proposed regulation is freedom of speech. Consequently, by singling out adult entertainment enterprises for special treatment with regard to signage, the City of Bellevue subjects itself to strict scrutiny. Thus, the City will be required to exhibit a compelling government interest for limiting adult entertainment signs to words only. Similarly, the City will be required to justify how restricting signs to words will .directly advance that compelling interest in the least restrictive means possible. Although the courts have been reasonably tolerant in their attitude towards restrictions of the time, manner or place of speech when generally applied, restrictions discriminating between types of speech aro viewed with suspicion. According to the Court, in the case of Erznoznik v. City of Jacksonville, 422 US 205, 45 L.Ed.2d 125, 95 S.Ct. 2268 (1975), "Such selective restrictions have been upheld only when the speaker intrudes on the privacy of the home, or the degree of captivity makes it impractical for the unwilling viewer or auditor to avoid exposure." Id, 422 US at 209 (citations omitted). At issue in Erznoznik, was an ordinance prohibiting exhibition of movies displaying nudity within public view (i.e., drive—ins). The Court struck down the ordinance. Likewise, in the case of Police Department of Chicago v. Mosley, 408 US 92,33 L.Ed.2d 212 92 S.Ct. 2286 (1972), the Court struck down an ordinance which prohibited picketing for any purpose other than for a labor dispute. The Court held the ordinance to be an impermissible discriminatory restriction of free speech. Contrastingly, in a case involving adult entertainment sign regulation, the Fifth Circuit Appellate Court implied that a Bellevue ordinance more restrictively regulating adult entertainment signage might receive favorable treatment in the courts. In the case of Basiardanes v, City of Galveston, 632 F.2d 1203 (Fifth Circuit 1982), the Court considered an ordinance totally banning any signage for adult entertainment uses. As could be expected, the Courts struck dawn that portion of the ordinance. However, in its discussion the Court indicated that the city's interest in restricting such signage was "both strong and legitimate," but that the regulation failed to serve that interest narrowly. Id at -219. It should be noted, however, that in its reference to the city's legitimate interest, the Court cited two cases which -stand for the proposition that materials which are unprotected as to minors may be regulated_ In my opinion, although the City of Bellevue (were it not for Washington's preemption doctrine) could easily prohibit signage considered harmful to minors under a test similar to that found in RCW 9.63.450, there have been no cases which establish legitimacy of a general restriction on adult entertainment signage which does not sink to the level of "harmful to Rob Odle, Planning October 6, 1987 Page 4 minors." Consequently, 1 do not feel that the cases cited in the 8asiardanes case justify the Court's -conclusion therein that the city had a legitimate interest in broadly regulating the signage of adult entertainment facilities. 0. Conclusion Despite adult entertainment signs commercial nature, as long as such signs are neither false, misleading nor.proposing an illegal transaction, they are privy to the same constitutional protection as any other speech. Under that protection, any regulation of such signage would have to directly advance a substantial legitimate interest of the City of Bellevue. More importantly, in singling out adult entertainment uses for more restrictive signage regulations, the City would have to show a compelling legitimate governmental interest for doing so that is directly advanced by the most least restrictive means available. Given the Courts' very strict view of such discriminatory regulations of speech, it is my opinion that such regulation would be struck down as inviolative of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. City of U m Bellevue �SFfINGt MEMORANDUM Date: October 29, 1987 To: Planning Commission Members From: Robert G. Odle, Senior Planner Subject: Regulations for the Location of Adult Entertainment Uses In preparing the draft ordinance for the Adult Entertainment Location regulations, staff became concerned over two primary issues which we felt warranted further discussion by the Planning Commission before completing the draft ordinance. While this discussion will cause a delay to the hearing schedule, we felt that a further discussion would produce a significantly better ordinance for the public hearing. The first concern involves the Conditional Use Permit provision. The decisional criteria for a Conditional Use Permit are as follows: 20.308.140 Decision Criteria: The City may approve or approve with modification an application for a Conditional Use Permit if... A. The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the immediate vicinity of the subject property and with the physical characteristics of the subject property; and 8. The conditional use will be served by adequate public facilities including streets, fire protection, water, storm water control and sanitary sewer; and C. The conditional use will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and 0. The conditional use has merit and value for the community as a whole; and E. The conditional use is in accord with the Comprehensive Plan; and F. The conditional use complies with the Land Use Code requirements of the underlying use district; and G. The conditional use complies with all other applicable criteria and standards of the Bellevue City Code. ID REVISED BIBLIOGRAPHY ON REGULATING THE LOCATION OF ADULT ENTERTAINMENT USES CITY OF BELLEVUE NOVEMBER 1987 Staff is concerned that these criteria could not specifically address the secondary effects that you wish to mitigate. Two solutions to this situation exist: 1) to write a new set of specific decisional criteria just for adult entertainment uses, or 2) incorporate the specific criteria standards into specific requirements for all adult uses and dispense with the Conditional Use Permit process. Staff seeks directions from you as to specific secondary effects and the types of specific regulations that you wish to include (i.e., to mitigate crime, hours of operation may be limited or parking lots lighted). The second issue concerns the provisions that would classify any video store as adult retail if the tapes were not segregated. The questions that we need answers to are: o What is considered segregation? o Are just video stores to be regulated or any stare that rents videos, (i.e., Safeway or 7-11)? o Are video tapes the only article to be regulated in this manner (i.e., periodicals or books)? o What are the secondary effects that would be mitigated by such a regulation? As you review each of the above questions, I believe you will see the complexity that such a regulation creates. At next Wednesday's meeting (November 4th) Stephanie Brod, Rick Kirkby and I will be present to review these issues as well as the overall regulations with you. Should you have any concerns or questions in the interim please contact me at 455-6880. RGO:jb cc: Karlie Jorgensen, Legal Rick Kirkby, Legal Stephanie Brod, Design & Development Jim Turner, Design & Development Steve Bourgette, Police Adult Entertainment File -2- 172) BIBLIOGRAPHY Reference Materials On Hand For Review Studies Effects On Surrounding Area Of Adult Entertainment Businesses In St. Paul. Division or Pi anning, Department or Planning ana Economic Development, St. Paul, Minn. June 1978. Pornography - Its Effects On The Family, Community And Culture, David klexanaer -Scott, Free Longress rounaation, 1585. Regulating Sex Businesses. William Toner; Planning Advisory Services, 1977. Study Of The Effects Of The Concentration Of Adult Entertainment Establishment in me City at Los Angeles. Department or City Planning, City or Los Angeles, CA. June T9JT. Articles "Aggressive Erotica And Violence Against Women", Edward Donnerstein, Journal of Personality and Social Psychology, Volume 39 Number 2. "Cities Are Turning To Zoning To Regulate Pornographic Uses", The Building Official And Code Administrator, Feb/March 1978. "The Effects Of Aggressive - Pornogographic Mass Media Stimuli", Neil M. Malamuth and Ed Donnerstein, Advances In Experimental Social Pyshology, Volume 15. "Franklin Square: Porn Frei And Booming"; Arthur J. Schultz III, Urban Land, August 1986. "Justifying Personal Violence: A Comparison Of Rapists And The General Public", Martha R. Burt, Victimology: An International Journal, Volume 8, 1983. "Is One Women's Sexuality Another Women's Pornography", Mary Kay Blakely, Ms., April 1985. "New Rules For Zoning Adult Uses: The Supreme Court's Renton Decision", Alan Weinstein, Land Use Law, August 1986. "Pines, Funk Offer Guidance, Based an Young Decision, for Regulating Adult Entertainment Establishments", Burt Pines and John Funk, The Municipal Attorney, December 1976. "Pornography: A Reason For Concern?", Andrea Vangor, Northwest Business and Entertainment, June 1986 "Pornography, Sexual Callousness, and the Triviaiization of Rape", Doff Zillman and Jennings Bryant, Journal of Communciations, Autumn 1984. 73 "Regulation Of Adult Theaters By Zoning", Howard Dobbins, Virginia Town And City, Nov/Dec 1976.. "Regulating Pornography: Recent Legal Trends", Alan Weinstein, Land Use Law, February 1982. "The Scientists vs. Pronography: An Untold Story", Intellect Magazine, May -June 1976. "Sex And Aggression: Proving The Link", Psychology Today, Volume 12 Number 6. "Sexual Arousal And Aggression: Recent Experients and Theoretical Issues", Neai Malamuth, Seymour Feshbach and Yoran Jaffe, Journal of Social Issues, Volume 33, Number 2, 1977. "Sexual Stratification, Pronography and Rape in American States", Larry Brown and Murray A. Stans, from Pornography and Sexual Aggression, N. Malamuth and E. Donnerstein, eds. Academie Press 1983. "The Shame of America", People, June 30, 1986. "U.S. Cities Face Combat In The Erogenous Zone". Bill Toner, Planning, September 1977. "The War Against Pornography", Newsweek, March 18, 1985. "Why People Don't Fight Porn", Harry Genet, Chronicle News, January 1, 1982. "Zoning For Adults Only", Bruce McClendon, Zoning News, August 1985. Victor B. Cline, Seymour Feshbach and Neal Malamuth, Other Resources Bothell Police Department, Material On Police Experience With Adult Entertainment Establishment, 1984. "City of Renton vs. Playtime Theatres, Inc., The U.S. Supreme Court Revitalizes The Regulation Of Adult Entertainment Land Uses Through Zoning", Daniel Kellogg. Cleveland Ohio Police Department, Effect of Smut Shops On Increased Crime Rates, 1977. "Community Impact Statements Required Of Certain Businesses", James H. Allendoerfer, City Attorney of Marysville. Shirley Feldman -Summers letter to Nick Gallow. "Local Government's Control on Pornography", League of Women Voters Of Lake Washington East, 1985. "Pornography: An Update On Recent Published And Unpublished Research, A Preliminary Draft", David Scott, Washington D.C. 1984. "Pornography Effects; Empirical Evidence", Victor Cline Ph.D. -2- "Report Of Charles H. Keating, Jr. - Commissioner, Commission On Obscenity And Pornography", September 1970. "Summary Of The Report Of The Attorney General's Pornography Commission", Morality In Media, July 1986. Text of Talk Given By John L. Harmer, President of Citizens For Decency Through Law, on Tuesday, December 1, 1981 at Phoenix Arizona. "Zoning For the Pornographic Arts", Technical Bulletin No. 1, City Development Department - Kansas City, Missouri 1976. Existing Statues And Regulations, In Effect In Bellevue RCW 7.48A - Moral Nuisances RCW 9.68 - Obscenity and Pornography RCW 9.68A - Sexual Exploitation Of Children RCW 67.12 - Dancing And Dance Halls - Billiards, Pool and Bowling BCC 5.06 - Public Dances And Dance Halls BCC 5.08 - Cabarets BCC 5.28 - Massage Parlors And Public Bath Houses BCC 5.44 Panaram Devices Resources From Adjacent Municipalities Bothell - Ordinance 1170 (Adult'Entertainment Uses) and Zoning Code Chapter 5.18 (Adult Entertainment Studios). Everett Issaquah Kent King County - Recommendations on regulating mechanisms available to deal with the issue of Adult Uses, Planning Commission minutes, November 13, 1984. Ordinance 1701 (Adult Entertainment Uses) and all minutes of public meetings and staff reports relating to the Ordinance. Adult Use Zoning Study, November 1982. Ordinance 7216 (Business Licenses And Adult Entertainment Uses). Kirkland - Ordinance 2877 (Adult Activities Overlay Area) and all minutes of public meetings, staff reports and correspondence relating to the ordinance. Mercer Island Ordinance A-51 (Adult Entertainment Uses) and all minutes of public meetings, staff reports and correspondence relating to the ordinance. Redmond - Ordinance 1120 (Adult Entertainment Uses) and all minutes of public meetings and staff reports relating to the ordinance. -3- .Renton Ordinances 3526, 3629 and 3637 and Resolution 2368, Legal Briefs to the U.S. Supreme Court, and various analyses of the Renton vs. Playtime Theatres decision, Zoning Cade for Renton. Seattle Zoning Code Chapters 6.280 (Adult Entertainment Studios), 6.42(a24.48and (Metrapolitan,24.4Commer6ca�eZane)loan Business Zone) and Also, there are copies of Adult Entertainment Use Regulations from the following cities: Detroit, Michigan; Duluth, Minn,; Inkster, Michigan; Melvindaie, Michigan; Oak Park, Michigan; Peoria, Ill.; San Bernardino, CA.; Tucson, Arizona; Wayne, Michigan and Wyoming, Michigan. Correspondence Monique Roggenkamp to the Bellevue City Council - April 14, 1987 Monique 'Roggenkamp to the Bellevue City Council - May 13, 198778 Gerald John Sheehan to Sandra Korbelik (Planning) - June 9, 1987 Concerned Citizen to Sandra Korbelik (Planning) - June 16, 1987 Darrel Hines to Sandra Korbelik (Planning) - June 18, 1987 Andrea K. Vangor to Sandra Korbelik (Planning) - June 18, 1987 J. R. Copitzley to Cary Bozeman - July 5, 1987 1987 Chief Harris to Terence P. Lukens - Spetember 10, Chief Wallis to Terence P. Lukens - September 9, 1987 Andrea K. Vangor. to Robert G. Odle (Planning) - October 14, 1987 lvid Schooler to Terry Lukens - October 23, 1987 Other References The current file also contains numerous newspaper articles on Adult Entertainment regulations in the region. There are also many summaries of recent court decisions as concerns adult entertainment. -4- 7, 3716g CITY OF BELLEVUE CITY COUNCIL Summary Minutes of Study Session February 8, 1988 6:00 p.m. PRESENT: Mayor Campbell, Mayor pro tem MacKenzie, Councilmembers Carpenter, Davidson, Lukens. and Van Blaricom The meeting was called to order at 6:07 p.m. by Mayor Campbell, who presided. 1. Study Session Items (a) Easy Ride Program Bruce Freeland, Planning Director, noted this is one element of the City's efforts to deal with transportation and traffic problems. He introduced Kay Kenyon, Planning Department, who provided an overview of the Easy Ride Program. a two-year ride -sharing and transit marketing project targetted at suburban office buildings. It focuses on the Bellefield/City Hall area and the I-90 corridor area. Ms. Kenyon described the program features that have been added to METRO's basic program, including the hiring of transportation coordinators, provision of incentives and Guaranteed Ride Home program (which has only been used once to date), marketing efforts, and evaluation procedures. The evaluation component will be handled by an outside consultant. Continuing, she outlined the goals of the program, including a 5% improvement in commuter use of carpools, vanpools and transit and described the activity that has occurred to date Responding to Mrs. Carpenter, Ms. Kenyon said the two-year budget for the program is $220,000. Responding to Mr. Lukens, Ms. Kenyon described the events of the Transportation Fair, with 500 people attending over a three-day period. Responding again to Mr. Lukens, Ms. Kenyon explained that the vanpool discounts have not been offered in the Bellefield area, which seems to make a difference in the success of the programs, although it is too early to draw firm conclusions. Ms. Kenyon explained why the performance objectives at City Hall were set quite high and why implementation of the incentive program has taken longer than expected. 247 Council Conference Room Bellevue, Washington ABSENT: Mr. Bozeman �7 248 . MacKenzie commented he will want to see figures on the cost—effectiveness the program at its conclusion. He also raised the issue of the flextime approach, which Ms. Kenyon said has not been marketed extensively at this point but will be an area of emphasis in the next quarter. Mr. Freeland concluded the discussion by noting the Planning Commission had asked staff to investigate the possibility of an ordinance requiring transportation management programs at existing firms. He said staff has done some research, but it appears there is probably not a legal way to put requirements on existing businesses to mandate such programs. He responded to Mayor pro tem MacKenzie by noting that staff is also interested in the cost—effectiveness of this experimental program, and this will be analyzed carefully when the program is completed. Mayor Campbell commented that METRO is working on the same issues, and Mr. Freeland stated the City is using materials from all sources, and Bellevue should be on the forefront of research on ride—sharing. (b) Proposal A: Ordinance relating to the zoning of adult entertainment land uses; amending sections 20.10.440, 20.50.010, 20.50.044 and 20.50.046 of the Bellevue City Code (Land Use Code); and adding a new section 20.20.127 to chapter 20.20 of the Bellevue City Code (Land Use Code). Proposal 8: Ordinance relating to the zoning of adult entertainment land uses; amending sections 20.10.440, 20.50.010, 20.50.044 and 20.50.046 of the Bellevue City Code (Land Use Code); and adding a new section 20.20.127 to chapter 20.20 of the Bellevue City Code (Land Use Code). Proposal C: Ordinance relating to the zoning of adult entertainment land uses; amending sections 20.10.440, 20.50.010, 20.50.034, 20.50.044 and 20.50.046 of the Bellevue City Code (Land Use Code); and adding a new section 20.20.127 to chapter 20.20 of the Bellevue City Code (Land Use Code). Mr. Freeland explained that staff believes that Proposal C addresses the, concerns raised earlier by the Council. It creates a distance requirement between massage parlors and adult uses rather than treating massage parlors as if they were adult uses. He said the Planning Commission feels this is a good compromise, but wishes to drop the word "motels" from the list of exceptions. Staff recommends that motels be retained in the ordinance. Mr. Freeland explained the distinction between the three proposals, noting that Proposal "C" would not restrict the location of massage parlors, except that a new massage parlor could not locate within 600 feet of an adult use, thereby preventing the clustering of massage parlors in association with an adult use. 3716g12 1 E 249 February 8, 1988 Mr. Van Blaricom commented this -Is a good compromise and moved Proposal "C" be brought forward for Council action next week. Mrs. Carpenter seconded the motion, which carried 6 — 0. (c) Civic Center Discussion Pam Bissonnette, Assistant City Manager, introduced Ken Johnson, the project manager, who explained that staff needs Council direction on what should be in the project, what the phasing should be, and what public process should be implemented. He briefly recapped the evolution of the project, noting the technical work done to date was structured so that if the arena component was dropped the information would still be valid. Continuing, Mr. Johnson emphasized that the site under consideration was identified in the Comprehensive Plan in 1979, as an area of opportunity for a civic center. He explained how the performing arts center was added to the concept of a convention center and parking. He described the studies done to identify the market for a convention center, including a survey of meeting planners. He reviewed the projections for 1990 and 1995 for four main types of markets for a convention center: 1) typical conventions; 2) trade shows; 3) consumer shows; and 4) local community (and School District) activities. Mr. Johnson noted that without the arena, the question of management options for the convention center remains to be discussed, but staff feels it is appropriate to move forward on a preliminary design. He added the parking garage would not operate in the black for quite some time. In addition, there are still questions about the financing of a performing arts center. He commented the idea of a City Hall at the civic center came up at the end of last year. However, the City has an approved space plan so this would have to be reworked to consider this option. Continuing, Mr. Johnson described a.potential first phase: convention center, parking and a small theatre. Later phases would need more technical work, municipal garage, full performing arts center, city hall or library. Mr. Johnson used overlays to demonstrate how the elements might fit together and how the phasing might occur. He emphasized the importance of a capability for growth and noted this is only a generic layout, depending on property availability. Mr. Johnson then outlined the three options in public process, which can address either the first phase project proposal and/or future elements. He said staff recommends the following: 1) reaffirm the site on the east end of 6th St; 2) approve a phased approach; 3) preliminary approval of Phase 1 (convention center, parking and small theatre) with EIS to start in April; 4) public input on future phases before final action on Phase 1; 5) schedule public hearing in March; 6) approve budget to carry out work through April. 3716g/3 7c 250 'le said the staff would define the project In more detail; prepare public lformation materials; hold community meetings; arrange for a public hearing; appoint a technical advisory committee reporting to the City Manager; prepare a refined budget; and continue property negotiations. Ms. Bissonnette reviewed the budget as outlined in the materials, noting that in August, 1987 the Council approved a budget of $500,000. She said this budget is a reorientation of the previous budget. She outlined the figures as follows: Public Process $ 8,000 Project Management 26,000 Financial Studies 15,000 Architectural 10,000 Prop. negotiations 26,000 Travel 5,000 Perf. Arts Consulting 10,000 Parking 7,000 Env. Review 150,000 Outst. Encumberances 19,000 Expended 1/4/88 164,000 Contingency 60,000 TOTAL $500,000 Ms. Bissonnette noted that $60,000 had been approved in 1986 to fund the ajority of the Eastside Performing Arts Center Study. She said the .nvironmental Review would wait until after the public hearing and Council approval to proceed, but other information is needed to prepare for the public hearing, necessitating certain expenditures now. After Mrs. Carpenter emphasized that this money comes from the hotel/motel tax, not general funds, Mr. Kushlan explained the two sources of funding, the 2% tax which comes from the State sales tax and can be spent for convention centers, promotion of tourism, performing arts center, stadiums, etc., and the authorization under the State Trade and Convention Center funding which has a maximum levy of 3%. This must be spent solely for construction of trade and convention facilities. A performing arts center cannot be funded through this source. Council levied 2.87. of this 3t authority as of January 1, 1988. Responding to Mayor Campbell, Mr. Kushlan said these sources cannot "go away over night, but they can go away". The 2% authority would disappear upon paying off the current outstanding bonds for the purchase of the convention center site north of City Hall. The State could also legislate away the other funding source. Mr. Van Blaricom commented the 2.8% tax was enacted at the request of the hotel/motel industry. Furthermore, the people who pay these taxes are not Bellevue residents but visitors to the City. 3716g/4 251 February 8. 1988 Mayor pro tem MacKenzie observed that he opposed the taxation of others as much as the taxation of local citizens. He felt "we should always be guilty about taxing the public". Mrs. Carpenter thanked the Ad Hoc Committee for its emphasis on the public process and noted her concern that the public needs to be heard from on this issue Responding to Mrs. Carpenter. Mr. Kushlan explained the land currently an asset to the convention center fund is not appropriate for a convention center because it is lacking in proximity to hotels and freeways and is significantly impacted by wetlands. Therefore, it is not suitable for the construction of a facility with a large, flat floor space. This property was purchased in 1977 and in 1979 the Comprehensive Plan Identified the current site as an appropriate location for a civic center. • Mr. Van Blarinoted thethe 2Zproperty beforewas thenot i.egislatureas a tookconvention site but in order to encumber Responding to Mrs. Carpenter's question about how the City Hall was folded into the proposal, Ms. Bissonnette noted the Facilities Study projected the need for City Hall space. Buying the Whirlpool Building acknowledged the necessity for a new City Hall, or additional space for City offices. He pointed out that this is a special opportunity area set aside for government offices, among other things. Mrs. Carpenter said adding the City Hall "muddles the waters" and,adds another dimension to an already controversial topic. Mayor pro tem MacKenzie commented that the Municipal Facilities Study had never been accepted by the Council and there is no formal financial plan for Municipal Facilities. He felt this would be necessary before a decision about a City Hall could be made. Mr. Van Blaricom added that the current City Hall was built as a "spec building" which the City was going to sell. He noted he had commented on the possibility of a City Hall at the civic center site to a reporter and the information was reported the next day in the newspaper. Mrs. Carpenter recommended that the City Manager's advisory group have some citizens on it, to bring a different perspective to the project, and the City Manager agreed, noting the School District could also be represented on such a committee. Mrs. Carpenter expressed the general concern that this project will generate new jobs, but the increase in this industry will include many minimum wage jobs, which can increase human service needs in the long run. Mayor pro tem MacKenzie said the State of Washington does need jobs, but Bellevue is a net importer of workers and does not need more jobs. 3716g/5 252 layor Campbell shared the concern about jobs and wages, but noted part of the revenues will be brought in by attendees and the money generated by the sales tax supports the Capital Improvement Program. Mr. Lukens asked how the projections on convention center usage were obtained and how realistic they are. Mr. Johnson explained how the market was surveyed and growth projections were made based on the consultants' professional judgment. The figures came out that about 15% of the market share per year in Washington would go to a Bellevue convention center. He said this is a conservative estimate in his view, but Mr. Lukens stated that the figures should be refined as the process proceeds. Responding to Mr. Lukens, Ms. Bissonnette said about $100,000 would have to be spent before April. Mr. Johnson added this is a potential figure which provides staff with the flexibility to get the necessary information. Mr. Lukens recommended that only as much money be spent as needed to give the public a good idea about the proposal and so the Council can make a meaningful decision. 'He added that he had heard comments that a 500—seat theatre would be too small. He felt this should be analyzed further. Ms. Bissonnette said the performing arts consultant would provide information on what size of theatre would be usable. and Mr. Kushlan said this size was -hosen as what could be built with convention center fund resources. A bigger theatre would require additional funding sources. Mr. Lukens commented that he felt it was the Council's intent to "carry out a public process to review all phases of the Civic Center", rather than "additional" phases as stated on page 47 of the packet. Mayor Campbell stated that the public and the advisory committee input will help Council determine a viable size for the theatre. She added that perhaps the City can work with the School District to serve the public's needs In terms of a community theatre. Responding to Mayor pro tem MacKenzie, Mr. Kushlan said this budget is developed to provide the public and the Council with the necessary baseline information. He listed the following elements as necessary: public information, project management, financial studies, architectural work to develop a design, property negotiations, and performing arts information. Ms. Bissonnette noted that $100,000 would not be spent in the few weeks before the public information is sent out, but many allocations would be 'encumbered through contracts. Mayor pro tem MacKenzie felt the only things needed for the hearing would be items that could be finished prior to the hearing. 3716g/6 253 February 8, 1988 Mrs. Carpenter emphasized that staff time should not be involved, and she was pleased at the use of Mr. Johnson as the outside project manager. Mayor pro tem MacKenzie noted that last year it was put forward that the arena was necessary to the project, but Mr. Johnson responded the earlier proposal contained a municipal parking garage. This new one is scaled down to accommodate the loss of the arena. The financial study is needed to verify •the viability of the new project. Mrs. Carpenter also emphasized the importance of the financial study, because she opposed funding this project from operating budget funds. Mr. Johnson said he would also like the preliminary 'cost estimates to be rechecked, but Mayor pro tem MacKenzie felt this proposal shows the "de -economy of de -scaling". He said the capital costs were not.included in the original proposal, and the project will ultimately be a drain on the general funding. He opposed any option other than Option. C. Continuing, Mayor pro tem MacKenzie expressed his view that decisions are being made incrementally and the City is moving forward beyond what the process indicates. He commented on discussions in Executive Session and Council comments on these discussions as reported in the Journal American. He sathe isighe uiltyoofd vote aainst "incrementalism . Heg an hopedion thatnlogicpandethe the public City interest guilty prevails, as it did with the arena proposal. Mr. Van 8laricom shared a concern about the appropriate size of the theatre. He felt the public process will show enthusiasm or lack of enthusiasm for various components of the project. He mentioned a dual -use facility in Pasadena and hoped this option would be examined. He favored Option B in order to be ready for a regional entertainment bond, and emphasized the $500,000 has already been collected and set aside and cannot be used for any other purpose. Mr. Van Blaricom moved staff recommendation of Option 8 that "allows Phase 1 reviews to be completed in 1988. In addition, the review of potential future phases is set in time to facilitate coordination and adjustment to Phase 1 actions as appropriate". Dr. Davidson seconded the motion. Mayor Campbell noted a lack of enthusiasm for this project in 1982, when there was no support by the hotel/motel industry. She felt now the time may be right, but more information is necessary to make a decision. Therefore, she supported the motion. Mayor pro tem MacKenzie said in his view the hotel/motel industry representatives support the project because they know it won't make a profit or break-even. Otherwise, they would work together and do it themselves. Mayor pro tem MacKenzie made a substitute motion to adopt Option C, which would put all elements on the table, including initial phasing and future phasing. Mrs. Carpenter seconded the motion. 3716g/7 254 ayor pro tem MacKenzie said they would only have to wait two months to hear .rom the public. He agreed some money could be spent to do what is necessary to bring the public up to speed. Mr. Johnson clarified both options have the same process, but the difference is with the full menu of options under discussion, the issue may be too broad. He felt there is enough technical work completed to propose Phase 1, so the public can be focused. Mr. Kushlan added the Phase 1 recommendation focuses on the elements which can be paid for through the convention center funds. Other phases have no resources at this point for funding. Mrs. Carpenter said she is uncomfortable with giving the perception Council is "on a path". She clarified that public hearing input could convince the Council not to proceed on this project. She reiterated that she wants to hear from the public. Mr. Lukens agreed it is important to proceed quickly with the public process. He said Option B brings forward a tangible proposal for discussion, but he felt the less money spent, the better. He questioned the timing of the public hearing and felt perhaps it should be moved back to allow staff time to provide meaningful information. Mayor Campbell supported Option B because these components have the most lossibie chance of success. (here was Council concurrence that staff should evaluate the timeline for the public hearing. A vote was taken on the substitute motion to support Option C. It failed by a vote of 1 - 5, with Mayor pro tem MacKenzie voting in the affirmative. A vote was taken on the original motion to support Option B, which carried 5 - 1, with Mayor pro tem MacKenzie dissenting. Mr. Van Blaricom moved to approve staff's recommended budget with the caveat that no more be spent unnecessarily up front than that which is necessary to allow the public to be well-informed on the options. Mr. Lukens seconded the motion, which carried 6 - 0. Mayor pro tem MacKenzie noted he always votes to implement Council policies once decided. 2. Discussion of Upcoming Items (a) Ordinance approving and confirming the final assessment roll of Local Improvement District No. 269 which has been created and established for the purpose of widening 116th Avenue N.E. from four to five lanes from N.E. 8th Street to N.E. 12th Street; PW -R-15. 3716g/8 255 February 8, 1988 (b) Ordinance approving and confirming the final assessment roll of Local Improvement District No. 279 which has been created and established for the purpose of widening N.E. 33rd Place from two to three lanes from Northup Way to N.E. 33rd Street; PW—R-42. Clark Douglas, Assistant Director of Public Works, noted communications from five property owners on LID 269. The objections of three of them require additional research. If the property owners are right, the hearing will need to be continued, he reported. ADJOURNMENT At 8:00 p.m. Mayor Campbell declared the Study Session adjourned. Sharon Mattioli Deputy City Clerk 3716g/9 3741g CITY OF BELLEVUE CITY COUNCIL Summary Minutes of Regular Session Tuesday, February 16, 1988 8:00 p.m. PRESENT: Mayor Campbell, Mayor pro tem MacKenzie, Councilmembers Bozeman, Carpenter, Davidson, and Lukens 269 Council Chambers Bellevue, Washington ABSENT: Councilman Van Blaricom 1. Call to Order Mayor Campbell opened the meeting and called it to order at 8:00 p.m. 2. Roll Call and Flag Salute Upon roll call by the City Clerk, all Councilmembers were present except for Councilman Van Blaricom. Dr. Davidson led the flag salute. ' Mayor Campbell presented awards to citizens who were the primary organizers of the annexations in their respective neighborhoods: Stephen Critchlow - Horizon Heights Neighborhood Joseph Brown - Collingwood Neighborhood Carole Ann Milton - The Heights Neighborhood Judith Louisell - Whispering Heights Neighborhood Mayor Campbell expressed the Council's appreciation of citizens' support. 3. Communications: Written and Oral (a) Bonnie Buzell, 4479 - 14Ist Avenue SE, Bellevue, stated her position against Bellevue's proposed begging laws. Ms. Buzell said, in her opinion, the law is agressive and could invite harassment of or by police officers. Councilman MacKenzie asked for a staff report on the City of Seattle's recent ordinance addressing begging laws. (b) Ted Youngs, 10014 SE 16th Street, Bellevue, also stated his opposition to the proposed begging laws. He proposed that the City pursue more positive solutions to the begging problem, e.g., more social services or shelters. 2'70 (c) Lowell Erickson, 112 — llith SE, Bellevue, supported the acquisition of sports facilities for the 13 — 17 year old age group. Mr. Erickson presented a report to the Council outlining a facilities study. He thought quality programs for teens could prevent community problems are a critical need. (d) Joe Velikonja. 9713 NE 13th Street, Bellevue, inquired about the location of a power box near the elm trees at the Downtown Park. He also requested the City to respond in writing regarding the status of the Downtown Park financing. 4. Reports of Community Councils, Boards and Commissions (a) Bill Halgren, Chairman of the East Bellevue Community Council, thanked the Council for their support to the Community Council on issues of concern. 5. Report of City Manager Pam Bissonette, Assistant City Manager,requested the Council amend its rules in order to consider .the Forest Park Estate project at the February 22, 1988 Council meeting with action to be taken at the February 29 meeting. because of a hardship to the applicant. Mr. MacKenzie requested a response to Mr. Velikonja's request. 6. Approval of the Agenda Dr. Davidson moved for the approval of the agenda. Mrs. Carpenter seconded the motion. Mayor Campbell requested the addition under "New Business" of "Appointments to Planning Commission and Park Board" as Agenda Item 14(a), and "Council Liaison Assignments" as 14(b). Dr. Davidson moved to approve the agenda and Mrs. Carpenter seconded the motion. At the City Manager's request, there was a Council consensus to add the following items, in addition to Mayor Campbell's request: a) closure of 153rd Avenue NE under "unfinished Business"; and b) natural determinants regulations under "New Business". A vote was taken on the motion, as amended, which carried 6 — 0. 7. Consent Calendar Dr. Davidson moved approval of the Consent Calendar. Mr. Lukens seconded the motion. Mr. Lukens requested that Agenda Item 7(b) be postponed. A vote was taken to adopt the Consent Calendar. as amended, which carried 6 — 0. The following Consent Calendar items were approved: 3741g/Z Yri i i 271 February 16, 1988 Minutes of February 5 and 6 Council Retreat Minutes of February 8, 1988, Study Session Minutes of February 8, 1988, Regular Session Resolution No. 4973, authorizing execution of a Service Contract between the City of Bellevue and Youth Eastside Services for counseling and other services at Crossroads Center. Resolution No. 4974, authorizing the acquisition of Parcel No. PW -S 1929 in fee simple from C. Allen Benedict as part of the N.E. 4th Street project. Resolution No. 4975, authorizing the execution of a Real Estate Contract between the City of Bellevue and Basil and Ruth Denaxas for the sale of a portion of City property known as Parcel No. PW -S 1946 on the N.E. 4th Street project. Resolution No. 4976, authorizing approval and acceptance of a Deed of Dedication for Right -of -Way from Bannerwood Investors to the City of Bellevue for the development of Bannerwood Office Park. 8. Public Hearing (a) C.I.P. No. PW -R-15: Public hearing on ordinance approving and confirming the final assessment roll of Local Improvement District No. 269 which has been created and established for street improvements to 116th Avenue N.E. from N.E. 8th Street to N.E. 12th Street. Ordinance No. 3882, approving and confirming the final assessment roll for street improvements to 116th Avenue N.E. from N.E. 8th Street to N.E. 12th Street for L.I.D. 269. Or. Davidson disqualified himself from participating in discussion of this issue due to his previous position on the Board of Trustees at Overlake Memorial Hospital. At this point Dr. Davidson left the Council table. Clark Douglas, Assistant Public Works Director, explained the background and summarized the content of the assessment roll. He said changes to the assessment roll would be made at another hearing, tentatively scheduled for March 21, 1988. 3741g/3 Mr. Douglas then outlined the six written protests received and gave the staff recommendations for each: (1) Best Products Co., Inc. took issue with the City's traffic counts, stating that their counts were lower than the City's. They also stated they have a secondary access onto NE 8th Street which does not show on the map and should receive recognition. Mr. Douglas agreed that their issue needs further exploration by the staff. (2) In response to the question of parcel size for the Dana Martin parcels, #9 and #11, Mr. Douglas stated that the ildosz ingisize nbdde and land size were entered incorrectly and an appropriatecorrection to the assessment roll. (3) Referring to the handout, Mr. Douglas pointed to the Family Medical Center parcel and explained it is assessed at the general medical rate of approximately 54 trips per 1,000 square feet. The Family Medical Center asserted that the calculation should be reassessed and Mr. Douglas agreed to review the issue. (4) Referring to the Robert Hall parcel, Mr. Douglas agreed there is need for adjustment of the assessment, though the building is located in a medical community. (5) In response to the Overlake Hospital Medical Center parcel, Mr. Douglas explained that the triangle being assessed is actually a parking lot rather than a vacant lot as originally assessed. Trips coming off a parking lot should not be assessed, he Continued, and therefore a correction would be made. (6) Regarding parcel #39, Mr. Douglas said the trip count would be reassessed due to the building size being smaller than originally calculated. Mr. Douglas recommended that the money be redistributed, as all the uses on the site are benefited by the work being done. In answer to a question from Mr. MacKenzie regarding trip generation rates, Mr. Douglas said the average trip rate for the existing use of the property was used. He continued that the rates assessed for 116th Avenue NE were different than those that would be used for the downtown area. In response to another question from Mr. MacKenzie regarding assessments to undeveloped property, Mr. Douglas -said the zoning code lot coverage would be applied to determine what kind of uses were in the area. Upon motion by Mr. MacKenzie, seconded by Mr. Lukens, and carried 6 — 0, Mayor Campbell opened the public hearing. (1) Ken Smith, District Operations Manager of Best Products Co., Inc., Bellevue, thanked the City for acknowledging the secondary access onto NE 8th Street. He requested reconsideration of the trip count and the amount 374.1g/4 2[6 February 16, 1988 of assessment. He urged the re—review of the documentation provided by Transportation. Planning and Engineering and requested that their reassessment of the trip generation be stated in the public record. (2) Lynn Hall, 1406 — ll6th Avenue NE, Bellevue, spoke regarding parcel #24. She said that parcel #24 owns no property on 116th Avenue NE, yet the property is being assessed as if the access is solely from 116th. Parcel #24 fronts NE 12th Street, its main entrance is on NE 12th, and the building is situated to face NE 12th. Mrs. Hall also gave background on the reciprocal agreement with the Bellevue Clinic to share access onto NE 12th. She further stated that her property is being assessed at a rate close to that of the Bellevue Clinic, though they maintain primary access. She has requested a reassessment from the Public Works Department and has not received it to date. In follow—up correspondence, the City claimed their primary access is onto 116th, which is false, she stated. Mrs. Hall said the building and its usage were incorrectly assessed due to its low occupancy and type of usage. In conclusion, Mrs. Hall -stated that the parcel's property value has decreased because of limited access to Overtake Hospital. (3) Victor Albino, representing Overlake Hospital, concurred with remarks made earlier by Mr. Douglas. He reemphasized that parcel #27 is a parking lot and needs to be maintained as such. He further stated that a 48,000 square foot building would not be constructed on the lot, because of the critical need for parking space. Clark Douglas commented on Mrs. HaIl's parcel assessment and clarified that it was a difficult one to evaluate. Mrs. Hall commented on the access to NE 12th Street and the granting of an easement with the Bellevue Clinic, for the purpose of a parking garage addition and access to NE 12th from their property. Mayor Campbell reaffirmed Mr. Douglas' recommendation to recalculate the assessment figures and notify the property owners. Mr. Douglas stated that there would be a second hearing on March 21, 1988 and notices would be sent. Mr. Lukens moved to continue the hearing to the March 21, 1988 City Council meeting. Mr. Bozeman seconded the motion. which carried 5 — 0. Dr. Davidson returned to the Council table. (b) C.I.P. No. PW—R-42: Public hearing on ordinance approving and confirming the final assessment roll of Local Improvement District No. 279 which has been created and established for street improve— ments to N.E. 33rd Place from Northup Way to N.E. 33rd Street. 374igJS fo 274 Ordinance No. 3883, approving and confirming the final assessment roll for street improve- ments to N.E. 33rd Place from Northup Way to N.E. 33rd Street for L.I.D. 279. Mr. Douglas requested the hearing be continued for two weeks due to a request from the largest developer being assessed. Mr. Douglas had advised the developer to recalculate their assessments, thus the need for continuing the hearing. Mr. Bozeman moved to open the public hearing. Mrs. Carpenter seconded the motion, which carried 6 - 0. Mr. Bozeman moved to continue the hearing for two weeks. Dr. Davidson seconded the motion, which carried 6 - 4. 9. Other Land Use Reports: None. 10. Other Ordinances, Resolutions and Motions (a) Ordinance No. 3884, relating to the zoning of adult entertainment land uses; amending Sections 20.10.440, 20.50.010, 20.50.034, 20.50.044 and 20.50.046 of the Bellevue City Code (Land Use Code); and adding a new section 20.20.127 to Chapter 20.20 of the Bellevue City Code (Land Use Code). Mrs. Carpenter moved for the adoption of Ordinance No. 3884 and Mr. Lukens seconded the motion, which carried 6 - 0 and Ordinance No. 3884 was adopted. 11. Reports of Councilmembers: Mayor Campbell reported a recommendation of the Metro Transit Committee for chairman and committee appointments. 12. Unfinished Business <a) 1988 Council Priorities Dr. Davidson moved for the adoption of 1988 Council priorities established at the Council retreat as outlined in the packet. Mrs. Carpenter seconded the motion, which carried 6 - O. (b) Closure of 153rd Avenue NE Mr. MacKenzie moved in support of the closure and Mr. Bozeman seconded the motion, which carried 6 - 0. 13. Continued Oral Communications: None. 3741g/5 l Ct 273 February 16, 198a 14. New Business (a) Planning Commission Appointment Dr. Davidson moved to appoint Harry Andresen to the Planning Commission. Mr. Lukens seconded the motion, which carried 6 — 0. Mayor Campbell confirmed Mr. Andresen's appointment. (b) Park Board Appointment Mr. Bozeman moved to appoint Lee Somerstein to fill the vacancy on the Park Board. .The motion was seconded by Dr. Davidson, which carried 6 — 0. Mayor Campbell confirmed Mr. Somerstein's appointment. (c) Council Liaison Appointments Upon motion by Mrs. Carpenter, seconded by Dr. Davidson, and carried 6 — 0, the following Council Committee Liaison Appointments were confirmed by the Mayor:: Regional Issues Committee: Chair Don Davidson, Jean Carpenter, Nan Campbell. Solid Waste Committee: Chair Don MacKenzie, Cary Bozeman, Jean Carpenter. Civic Center Committee: Chair Don Van Blaricom, Terry Lukens, Nan Campbell. Library Board: Jean Carpenter. Planning Department, Planning Commission, and Human Services Commission: Terry Lukens. Parks Department, Park Board, and Arts Commission: Cary Bozeman. Finance Department: Don MacKenzie. Design and Development Department: Don Van Blaricom. Public Works and Utilities Department, Drainage Department, and SSWAC: Jean Carpenter. Public Safety (Fire and Police): Don Davidson. (d) Natural Determinants Regulations Mr. MacKenzie moved to refer this issue to the Planning Commission to review the issues raised by the East Bellevue Community Council regarding the density allowed in some open use zones. He further requested changes to the code and a report back to the City Council as to whether or not the code as it is now drafted is appropriate. Mrs. Carpenter seconded the motion. 3741g/7 cqa 276 Dr. Davidson requested a review of the minutes and moved to table the discussion for one week. Mr. Bozeman seconded the motion, which failed 3 — 3, with Mayor Campbell, Mrs. Carpenter, and Mr. Lukens dissenting. Mr. Lukens then moved a substitute motion to refer the matter to the Planning Commission to review the history of the change to the code, consult with the Community Council, and report back to the Council on whether the Planning Commission thinks the code as it is now drafted is appropriate. Mr. Bozeman seconded the motion, which carried 5 — 1, with Dr. Davidson dissenting. 15. Executive Session At 9:12 p.m. Mayor Campbell announced that the Council would recess into Executive Session to discuss two matters of litigation and of property acquisition for 40 minutes. At 9:44 p.m. the Executive Session concluded and the regular session reconvened. 16. Adiournment 9:45 p . Mayor Campbell declared the meeting adjourned. Marie K. O'Connell, CMC City Clerk 3741g/8 April 12, 1993 jN A L f E c U i'' i& Ni r riu Ail Phone: (906) 577.3041 Fax: (206) 4234986 City of Kelso Planning Dept. P 4 Box A • Kelso, WA 98626 To: Kelso City Mayor and City Council Members cgg From: Chuck Long, Chairman, Kelso Planning Commission Re: Zoning for Sexually Oriented Businesses The Kelso Planning Commission transmits herewith our final recommendation regarding the site location and proposed new zoning code regulations for sexually oriented businesses within the city of Kelso. As is evidenced through this paper, the commission utilized a very thorough examination of all zones during the site location process in order to find a location which would allow sexually oriented businesses access to the real estate and commercial markets, while at the same time providing the citizens of Kelso with the greatest degree of protection possible from the negative secondary impacts caused by such businesses. The negative secondary impacts are clearly identified in the accompanying materials and were used by the commission during the completion of this task. A list of those materials are attached to this letter as Exhibit "A". The collection of the complete studies, ordinances and articles are submitted as materials used by the planning commission and staff during the deliberations concerning location and site standards. The planning commission held a formal public hearing on the above subject on Wednesday, April 7, 1993 at 7:30 p.m. in the Cowlitz County Administration Building. Exhibit "B", which is the planning staffs' findings and recommendations, is attached as materials used during the planning commission's public hearing on the proposed location of the Sexually Oriented Business Overlay Zone (SOB) and associated zoning text amendments. Exhibit "C" and "D" are draft ordinances setting forth the detailed zoning regulatory standards and amendments being proposed. During this hearing, the planning commission received testimony regarding the SOB location and other related comments from approximately 21 citizens. Attached as Exhibit "E" is a summary of those comments. After reviewing all associated documents and conducting a objective analysis as to the proper and most acceptable zone overlay location and text standards and amendments (and hearing citizen comments and concerns regarding the aforementioned location, standards and amendments), the Kelso Planning Commission recommends that the Kelso City Council adopt that portion of the Light Industrial Zone (LI) as depicted on the accompanying zoning map and associated zoning code amendments, which incorporate location standards while ensuring all associated sexually oriented uses can operate within the proposed overlay zone. Kelso City Mayor and City Council April 12, 1993 Page 2 BACKGROUND At a public meeting on October 21, 1992 the Kelso City Council passed Ordinance No. 3199 directing the planning commission to make recommendations for amendments to Title 17, Planning and Zoning, to provide for the most adequate location that would serve to minimize the adverse impacts of nude dancing and other sexually oriented entertainment businesses. During this same meeting the council passed a moratorium prohibiting any adult sexually oriented business from opening or expanding within the City of Kelso for the next 180 calendar days. This was to allow the commission and staff time to conduct the necessary research and prerequisites for zoning code amendments. The moratorium was originally scheduled to end on April 19-20, 1993 unless a time extension was granted by the city council. ZONE LOCATION ANALYSIS Under the tutelage of Bill Dana, the planning commission used the Kepner Tregoe Analysis Process, which is well known in industry for making objective decisions. The process began by first establishing a baseline objective, expressed in the form of the following question: "What existing zone or new zone is most suitable to locate nude or topless dancing and other sexually oriented businesses (18 year old patrons and performers allowed)?" The commission listed eleven site objectives that each zone location would have to meet in order to qualify as a "recipient zone". The objectives used are as follows: 1. Ease of police access 2. Zone not too small (compared to other zones) 3. Minimize negative impact on existing businesses 4. Away from schools 5. Away from churches 6. Away from parks and bike paths 7. Available existing utilities 8. Available road access 9. Maintain existing property values 10. Minimize emergency response time 11. Away from residential Each of the above objectives was then placed in either a "must" -or "want" category. Those placed in the "want" category were assigned a "want value" of 1-10. Any zone that did not meet any one of the "must" objectives was automatically removed from further consideration. For example, "Residential Zones" were removed from further consideration because they could not meet objectives numbers 4, 5, 9, and 11, which were listed as °must objectives°. Kelso City Mayor and City Council April 12, 1993 Page 3 Of the twelve zones evaluated, the following five zones survived for further evaluation: 1. Light Industrial 2. General Manufacturing 3. Airport Industrial 4. Riverfront Industrial 5. (New Zone) Sexually Oriented Business Overlay Zone Each of the above five zones were then assigned a score from 1-10 points according to the following question: "How weII does the zone meet the WANT?" The "want" categories are: • Ease of police access • Minimize negative impacts on existing businesses • Away from parks and bike paths • Available existing utilities • Available road access • Minimize emergency response time The "want" value (taken from Page 1) was then multiplied by the "question weight"(Q) (value for each objective) to provide a weight total for each objective and a total weighted score for each zone, as to how that particular zone and objective met the original location question. tel, higher the total weighted more. the better that zone meets the objectives. The zones and their scores are as follows: 1. Sexually Oriented Business Zone (In the southeastern portion of the GM zone) = 210 points. 2. General Manufacturing (The entire GM zone) = 189 points. 3. Airport Industrial = 167 points. 4. River Front Industrial = 165 points. 5. Light Industrial = 164 points. The last phase of the Kepner Tregoe Decision Analysis utilizes a "Risk Assessment" of surviving alternatives (zones) by considering threats and vulnerability of selecting a particular zone for location of sexually oriented businesses. Risks identified are: • Zone too big (citizen risk) • Zone too small (legally indefensible) Kelso City Mayor and City Council April 12, 1993 Page 4 • Negative impact on business • Access problems • Police inaccessibility • Too easy to access residential • Utilities problems • Property devaluation • Increased crime • Negative impact on minors • Higher costs to city The Risk Assessment assigns values of high (H), medium (M), or low (L) for probability and seriousness of that risk to the zone selection. Zones with the most H's represent the zone that potentially has the most risk in selecting that location. This Risk Assessment is then compared to the total weight score to enable the Kelso City Council to make the best pre -legal balanced locational choice. BEST BALANCED LOCATIONAL CHOICE Analysis of the five surviving zones against the stated objectives (Page 1) indicates that the "SOB Overlay" zone best satisfied the objectives. The "SOB Overlay" zone, as depicted on the accompanying map, was created and analyzed only after the "GM" zone was shown to present a high risk to valid legal challenge. When the Risk Assessment (Page 3) was applied, it was determined that "AI" and "LI" zones were the Iowest risk to valid legal challenge, however those AI and LI zones did not meet the objectives (Pages 1, 2) as well as the first priority. The Riverfront industrial (RF -I) zone was considered too high of a risk and also did not satisfactorily meet the objectives. PROPOSED ZONES LEGAL DEFENSIBILITY REVIEW and FINAL LOCATION DECISION The Kelso Planning Commission recognizes that it must recommend not only a zone which satisfies the objectives but also meets the test of legal defensibility. It was with this in mind that after the commission concluded the above analysis, all work was _then submitted to the city attorney fora "legal defensibility review", An in-depth examination of the five surviving zones was then undertaken by the city attorney's office. The city attorney's office found that Zones 1, 2, and 4 are legally indefensible due to the fact that these locations lack adequate site access, public utilities and access to the market. Zone 3, although legally defensible from the access, public utility and market aspect, was found to be too small and in possible conflict with the Airport Sponsors Assurance provisions between the FAA and the city of Kelso, in that sexually Kelso City Mayor and City Council April 12, 1993 Page 5 oriented businesses are not deemed as being compatible with normal airport operations. Thus, only Zone 5, or portions thereof, remain as the final location that is complete with all the required needs of the subject businesses, meets the "original mission statement" and is legally defensible. ZONING TEXT DEVELOPMENT The commission then concentrated onexamining the existing zoning code and standards, which would be adopted into the city code as additional sections to Chapter 17, and amending subsection 17.44.130 of Section 4 of Ordinance 3189 -- Chapter 17 "Chart A - Uses", Planning and Zoning of the Kelso city code. The purpose of the standards and "Use Chart" amendments are to allow the city control of the various types of secondary blighting effects that commonly result from the operations of sexually oriented businesses. In order to understand what those impacts are, the planning commission examined approximately 15 separate studies gathered from various communities across the country. These studies are attached to this report and recommended for adoption by reference. The greatest difficulty during the earlier phase of the draft text was not knowing the exact outcome. There were two possible directions that we tried to anticipate during the development of this section. They are: a. that applicants for sexually oriented businesses would be allowed to locate within the commercial districts of Kelso; or b. that applicants for sexually oriented businesses would be required to locate within an overlay zone. For example, if a sexually oriented businesses would be allowed to locate within the various commercial districts of Kelso, then there were to be severe "distance regulations" established, and no business would be allowed to locate closer than 1,540 feet of each other or any school, church, boys' or girls' clubs, residential zone or use (including apartments in the downtown area). Should the use locate within the overlay zone, the distance between each use and surrounding schools, churches, residential zones, etc., is set at no less than 600 feet. However, the distance between each imilar type of business shall be the same as distances set for those uses in the underlying parent zone. The commission recognizes that the density of development is different between the commercial and industrial zones. The commission also recognizes that locating sexually oriented businesses out of the commercial core and away from residential areas would be in the best interest of the Kelso City Mayor and City Council April 12, 1993 Page 6 city because residential apartment units are allowed as a "mixed-use" concept in the commercial core; whereas, residential apartment units are not allowed in the industrial zones. As the prime objective was to separate sexually oriented businesses from residences, the overlay zone concept (placing these types of activities in the industrial zone) is the only logical step. After consultation with the legal advisors of both the city and out of state, the planning commission determined that presenting the council with a zoning text, which is not solid as to its expectations, would not be serving the council to the fullness of our responsibilities and would send a message that the commission is not convinced that the "overlay concept" is the best decision to recommend. Therefore, the commission agreed with the city attorney and staff to remove all reference to "commercial" locations, and proposes only one overlay zone location together with the recommended draft text and "existing text" amendments to insure locational and text compatibility. Onbehalf of the Kelso Planning Commission, we hope this work meets with the council's expectations and needs. We stand ready to assist during your review and adoption process of this material. DM: CL:pm Enclosures cc: Kelso Planning Commission Members Concerned Citizen Coalition, Attn: Mary Bardonski Doug Robinson, Kelso City Manager Don Mathison, City Planner Don Harris, Zoning Permit Coordinator 381RPT3.DM3 DEPARTMENT OF PLANNING AND DEVELOPMENT DIRECTOR'S REPORT ADULT CABARETS IN SEATTLE March 28, 2006 INTRODUCTION In May, 2005, the City Council approved a work plan for the Department of Planning and Development (DPD) to prepare, with the assistance of the City's Law Department, a legislative proposal defining and regulating adult cabaret uses in appropriate zones in Seattle. DPD proposes that these uses be allowed within the area bounded by' South Walker Street on the north; 3rd and 4th Avenues South on the west; Interstate 5 on the east; and Duwamish Avenue South on the south. (See Map Attachment 1). DPD proposes to define adult cabarets, allowing them subject to certain development standards, including maximum size and limits on on -premise signs. The purpose of this report is to: 1) identify the land use impacts of adult cabarets; and 2) recommend appropriate locations for adult cabarets; and 3) recommend applicable development standards. There are many perceptions about the impacts adult entertainment uses have on a neighborhood or community. This report, however, focuses on impacts that can be addressed through land use regulation. It does not intend to regulate the activity within adult entertainment establishments. After researching current literature, case law, and studies prepared by other jurisdictions, DPD concludes that in addition to generating conventional land use impacts, adult entertainment establishments have the potential for negatively impacting public safety and welfare, and property values CONTEXT AND BACKGROUND Zoning regulation of adult entertainment uses has consistently challenged many communities across the country generally due to the perception that these uses degrade property values and are a threat to public safety. Historically in Seattle these uses were located in the downtown area, the majority of which were located along First Avenue. Many citizens continue to identify adult entertainment with this area. However, it was not until adult entertainment Adult Cabaret Director's Report March 28, 2006 businesses began locating in neighborhoods outside downtown that the City began to specifically identify and regulate them through zoning. Adult motion picture theaters in Seattle were the first regulated, in 1976. In 1979, adult panorams were identified separately and were only allowed in certain downtown zones (Downtown Office Corel and 2 (DOC1 & DOC2), and the Downtown Retail Core (DRC) zones). Over the years several "strip clubs", or adult cabaret establishments, located outside of the downtown area in Seattle's neighborhood business districts. Citizen concerns about these uses prompted the City Council to pass an ordinance requiring adult cabarets to be licensed (Ordinance 114225). The Council also placed a moratorium on the establishment of any new topless dancing establishments in these neighborhoods (Ordinance 114254). Both ordinances were passed in November 1988. DPD (formerly the Department of Construction and Land Use) was directed to make recommendations for amendments to the Land Use Code that would minimize the adverse impacts of adult cabarets. The City Council Public Safety Committee conducted a public hearing on proposed adult cabaret regulations in April, 1989. The concerns expressed at that public hearing prompted the Council to extend the moratorium on adult cabarets (Ordinance 114531) This moratorium continued through its last extension in May, 2005. In late 2005, the City's moratorium was overturned by the courts. DPD was once again asked to report back to the Council and propose appropriate locations in which to allow adult cabarets and how to regulate them. Adult Cabarets "Adult cabaret" refers to establishments where nude and/or semi-nude dancers perform for adult members of the public. Food and/or beverage may or may not be served. Liquor is generally not sold on the premises due to provisions of state liquor laws. Adult Cabarets, also known as strip clubs, topless dance halls, bars, and/or nightclubs have been regulated as "performing arts theaters" since the 1986 adoption of the Neighborhood Commercial chapter of the Land Use Code. Before 1986, topless dancing establishments were classified as.any one of several different uses. Depending on the type of operation, they may have been classified as restaurants, taverns, dance halls, theaters or indoor places of public assembly. Today, as in the past, topless dancing establishments are prohibited in residential zones, and permitted in all commercial (except NC1), industrial (except for the Duwamish Manufacturing and Industrial Center) and downtown zones. 2 Adult Cabaret Director's Report March 28, 2006 Of the adult cabarets now in business, one is located in the Downtown Mixed Commercial zone (DMC 125). Some form of adult entertainment use has existed at this location intermittently for many years. This business is also licensed as a panoram location. Two adult cabarets are located in a Neighborhood Commercial 2 (NC2) zone, one of which has been at the same location for over 30 years. The only other adult cabaret is located in a C1 zone. Regulation of Adult Uses Over the years, the establishment of adult uses in Seattle's neighborhood commercial areas has generated a number of citizen complaints. Community groups, business associations, and hundreds of individuals have testified at public hearings or through .letters and emails, expressing their concerns about: litter; noise; traffic; the decline in property values; increases in insurance rates; and fears about burglary, vandalism, rape, assaults, drugs, and prostitution. Many comments have been received on the overall detrimental influence of adult uses on the community Local governments must always be cautious in regulating adult uses. Arts and entertainment uses, regardless of whether they are intended for adult audiences only, involve protected forms of expression under the First Amendment to the United States Constitution. This constitutional amendment is often cited in case law involving regulation of adult entertainment businesses. The First Amendment has been the standard against which regulations affecting adult entertainment uses must be measured. Licensing is one traditional method used by local governments to regulate adult entertainment uses This approach often requires owners, operators, and/or employees to provide detailed business information. Licensing regulations often specify facility and operational standards. Seattle Municipal Code chapter 6 270 is an example of such a license regulation. This business regulation requires topless dancing establishments to be licensed with the City Licensing is an effective method for addressing performance -oriented standards. As a general rule, zoning and land use regulation is more effective at addressing locational issues and land use impacts. In the 1976 landmark decision of Young v. American Mini Theaters, Inc.(ref. #1), the U.S. Supreme Court declared that adult entertainment uses can be subject to carefully tailored local regulations In order for a land use regulation of adult entertainment uses to be valid, the local jurisdiction must provide adequate opportunities for this type of expression. In other words, zoning cannot be used directly or effectively to ban adult cabarets, or other forms of adult entertainment. In summary, the Court determined that regulations can be imposed to minimize adverse land use impacts of adult entertainment establishments This can be accomplished by specifying the zones where adult entertainment uses are most 3 Adult Cabaret Director's Report March 28, 2006 compatible with the surrounding neighborhood. Another land use regulation is to require that minimum distances be maintained between adult entertainment uses and/or other uses that may be more sensitive to the impacts of adult uses. In the U.S. Supreme Court case, City of Renton v. Playtime Theaters, Inc. .(ref #2), it was held that a city is entitled to rely on the experience of other cities in enacting regulatory legislation. Both the Young and Renton decisions have been used in many cities to support local zoning regulation of adult entertainment uses. Seattle, like many other jurisdictions, relied on. the Young decision to restrict adult motion picture theaters to downtown. Citing Young again in 1979, the City limited the areas where adult panorams could be located. In 1985, Seattle's new Downtown Plan established a policy to encourage downtown residential development. The downtown chapter of the Land Use Code reflected this policy by authorizing adult motion picture theaters and adult panorams only in three non-residential downtown zones Downtown Office Core 1 (DOC1), Downtown Office Core 2 (DOC2) and the Downtown Retail Core (DRC). To date, adult motion picture theaters and adult panorams are the only two forms of adult entertainment uses identified specifically in Seattle's land use regulations LAND USE IMPACTS Overview Land use regulation is based on the concept of compatibility. Generally, the City's commercial, industrial, and downtown policies encourage a variety of businesses that are compatible with each other and the residential areas they serve. Some uses, however, have impacts which are not compatible with other uses or create unavoidable impacts on surrounding properties. Uses such as animal shelters, towing services, or construction yards are examples of commercial uses that have objectionable impacts and are not compatible with residential areas or other neighborhood serving businesses in a pedestrian environment. They are specifically identified in the Land Use Code and allowed only where the impacts they generate are minimized. Adult motion picture theaters were determined not to be compatible near residential neighborhoods oriented towards families with children. This conclusion was found in a study entitled "Zoning Controls for Adults -Only Theaters" prepared by the City Planning Commission in 1976 (Ref#3) In order to determine in what zones adult entertainment uses should be permitted, it is necessary to survey their impacts and determine with what other uses they are compatible. During the City Council's public hearing on licensing of adult uses, many citizens spoke of their concerns about these businesses in their neighborhoods Problems with litter, noise, parking and traffic; inappropriate signage; fears about 4 Adult Cabaret Director's Report March 28, 2006 deteriorating property values, attraction of undesirable transients, and increases in crime, potential hazards for children and personal safety; were cited. Citizens generally protested that adult entertainment uses interfere with their ability to raise their children in a healthy, family environment. The decision by the City in 1976 to allow adult motion picture theaters only in the downtown area was based on findings that these same impacts were detrimental to residential areas. This decision was upheld by the Washington State Supreme Court in the Northend Cinema case (Ref#4). In another case, Village of Belle Terre v. Borass (Ref #5), the U.S Supreme Court recognized that local governments have the right to use zoning based on impacts on family values to protect the public welfare Many studies prepared by other communities have documented that litter, noise, traffic impacts, public safety impacts (e g. burglaries, vandalism, assaults, prostitution), and deteriorating property values often occur in association with adult entertainment uses. Conventional Impacts Under -represented in many planning studies prepared by other communities are the conventional land use impacts that are often generated by adult entertainment uses. Noise, litter, parking and traffic are impacts commonly associated with adult entertainment businesses. Because adult entertainment businesses are generally visited late into the night, they are often the sources of complaints about noise. The noise may come from the starting or idling of cars on or near the premises, and from car sound systems It may be generated by the business's own sound system, or by disorderly patrons. There may also besecondary noise effects. Noise may be created by police and emergency vehicles called in and around adult entertainment establishments in response to disturbances. Litter is another common problem cited. Since alcoholic beverages are generally not available at adult entertainment businesses in Seattle, neighbors report that beer bottles/cans and other liquor containers are frequently tossed into nearby yards. Food wrappers, condoms and other refuse were among other items neighbors complained were discarded in and around the vicinity of existing adult establishments. Generally, adult cabarets are auto -oriented. The observation is made in recognition that these businesses are frequented by patrons who wish some degree of anonymity and ease of access and egress that limits visual contact with surrounding uses and pedestrians. Consequently, these are uses that are not necessarily consistent with pedestrian areas and generate a potentially substantial amount of traffic. In addition, normal traffic flow may be disrupted by 5 Adult Cabaret Director's Report March 28, 2006 police and emergency vehicles that may be called to the scene of a disturbance. On -street parking may be usurped, especially near existing adult cabarets, where little off-street parking is provided. Secondary Impacts In a report published by the American Planning Association, Everything You Always Wanted to Know about Regulating Sex Businesses, (Kelly and Cooper, Planning Advisory Service Report No. 495-96, Chicago 2000), many major studies were reviewed and the following findings were synthesized from them (Ref. #6). 1. Real estate professionals believe that there is a significant negative impact of adult entertainment businesses and other adult -related entertainment businesses (such as bars with live entertainment) on both residential and business properties. The impacts are less if there is a separation between the studied use and the other use. Beyond 1,000 feet there may be some impact but beyond 1,500 feet there is no basis for believing that there will be any impact on property values. (Rochester, Indianapolis, New York City; some supporting data from Denver). 2 The greatest impacts on property values are on other properties on the same block. (Denver, Rochester). 3 The impacts on property values affect residential properties more than nonresidential properties. (Rochester, Indianapolis). 4 The studies showing the most significant impacts of adult entertainment businesses on neighborhoods involved significant numbers of businesses with live entertainment and/or direct interaction between patrons and entertainers or other employees (Newport News, St. Paul, Whittier) 5. There is a lower correlation of crime incidents with retail adult entertainment businesses than with those that involve on -premises entertainment of any kind. (Denver). 6. Although there is some evidence of an increase in crime, particularly around concentrations of adult entertainment businesses (Phoenix, Denver, Indianapolis, Whittier, St. Paul), the increase is not necessarily in violent crimes (Phoenix, Denver). 7. At least two cities that studied the issue clearly had prostitution flourishing in some adult businesses (Denver, Whittier). Property Values Decline of adjacent property values is another documented land use impact resulting from adult entertainment uses. A study of appraisers, residents and business owners provides some key information regarding this issue. 6 Adult Cabaret Director's Report March 28, 2006 Indianapolis, Indiana In 1984, an analysis of adult entertainment businesses undertaken by the City of Indianapolis was conducted by that city's Department of Metropolitan Development (Ref. #7). With the assistance of the Indiana University School of Business, they conducted a national survey of members of the Appraisal Institute(MAI), and the American Institute of Real Estate Appraisers. This survey was intended to determine the market effect of adult entertainment businesses on nearby land values. It was concluded that "adult entertainment businesses - even a relatively passive one such as an adult bookstore - have serious negative effects on their immediate environment." Next-door properties were most affected, decreasing substantially in order of adjacency. Negative impact on property values was substantiated for properties within three blocks of an adult entertainment use. While respondents felt that both residential and commercial properties were affected, residential properties were more severely impacted. Fort Worth, Texas A recent survey of appraisers in the Forth Worth -Dallas Metroplex carefully documented the opinions of these real estate professionals about the effects of sexually oriented businesses on the values of surrounding properties (Ref #8). In a survey submitted to 186 appraisers who carry the professional MAI certification (Member of the Appraisal Institute) and SRA (Senior Residential Appraiser), with 41 responses, the following conclusions were drawn • Appraisers were nearly unanimous in responding that adult-oriented businesses of any kind (stores, arcades, or cabarets) would decrease single-family home property values. Other uses deemed similarly detrimental to property values included homeless shelters, bars, and pawnshops. • More than 70% of the appraisers judged the influence of adult-oriented businesses on property values to extend beyond 3000 feet (or approximately 6 blocks). While a few suggested the influence was not felt quite so far, even the lowest estimates put the distance at 1000 feet. The average distance was between 2700 and 2800 feet. Only homeless shelters were considered to influence property values that far away. Pawnshops, bars, and gas stations were next (2300 to 2500 feet). • The appraisers considered the property values of community shopping centers to be equally detrimentally affected by the proximity of adult- oriented businesses. More.than 75% considered adult uses to decrease commercial property values. The only use considered to be comparable in its decreasing of property values was homeless shelters. Pawnshops and bars were next in their impact on lowering appraised values for community shopping centers but to a much lower degree (53% and 32%, respectively) Adult Cabaret Director's Report March 28, 2006 • Approximately 50% of the appraisers felt adult-oriented businesses impact shopping centers' appraised values beyond 3000 feet. As compared to single-family homes, the distance at which appraised values would no longer be affected by an adult use was somewhat less Other respondents felt that it only took from 2200 to 2300 feet before an adult use had no impact on the appraised value of a shopping center. Only homeless shelters were suggested to have a further reach (2400 feet). Again, pawnshops and bars were next in their influence on property values within 2000 and 1900 feet, respectively. • The vast majority of appraisers agreed that a concentration or cluster of detrimental uses had a greater negative impact than isolated uses. • Three negative uses grouped together was considered by most appraisers to be the level at which the impact was greater. The grouping was considered to occur if uses were within approximately 1000 feet of each other. They felt the concentration ceased to have an impact at an average distance of 3800 feet (as compared to approximately 2300 to 2800 feet single uses). • Slightly more than 20% of appraisers felt that the answers to the survey questions might be influenced by their "personal, moral, or ethical beliefs " This means the findings may be slightly skewed negatively towards adult- oriented businesses. Because the response rate was lower than in some surveys, the margin of error was 13.7 percent; but, in response to many of the questions, more than 80 percent (and in some cases more than 90 percent) agreed on the nature and extent of the adverse secondary effects of sexually oriented businesses on other properties; thus, even applying the worst-case margin of error to the findings, a significant majority of the appraisers believed that these effects would occur. Rochester, New York The City of Rochester, New York, conducted a survey of 39 property appraisers to determine their perceptions of impacts of sexually oriented businesses on residential and commercial property values. This was important since most ordinances deal with sexually oriented businesses by requiring them to be separated by some specified distance (typically between 500 and 1500 feet) from certain categories of land -use. The Rochester survey attempted to find a relationship between distance and impacts on property. Based on the results of the survey, appraisers in the Rochester, Monroe County area have the following views on the impact of sexually oriented businesses: • Bars with nude servers or live entertainers clearly have the greatest negative impact on surrounding property values, • Sexually oriented businesses have a measurable negative impact on the value of some neighboring property; 8 Adult Cabaret Director's Report March 28, 2006 • There is significantly more negative impact on the value of neighboring residential property than on commercial property; • The greatest impact on property values is on properties located on the same block; • The impact on property value is less significant if located along the same street than if located on the same block; however, it is of greater significance than any particular distance separation, • Based on a combination of responses, if two properties are equi-distant from the same studied business, with one located on the same street as the studied business and the other on another street, the property located on the same street as the studied business will suffer greater impacts; • The negative impact decreases with distance and stops somewhere between 1,000 and 1,500 feet (Ref #8). Public Safety In the law and planning literature on adult entertainment uses, public safety hazards are the most often cited adverse land use impacts for surrounding neighborhoods. Some evidence indicates that crime rates increase with the presence of adult entertainment uses. The major crimes frequently mentioned include. burglaries, assaults, indecent exposure, and prostitution This criminal activity is often associated with areas in which a concentration of adult entertainment is allowed to prosper. New York City police found that serious crime complaints ran almost 70% higher on police posts that contained adult uses (Ref#9). The cities of Cleveland, Ohio (Ref#11); Indianapolis, Indiana (Ref#7); Los Angeles, California (Ref#12); and Austin, Texas (Ref#13); among others have documented that crime rates were anywhere from 15% to 77% higher in areas containing adult businesses than those areas containing no adult businesses. A study in Phoenix, Arizona (Ref#14) concluded that not only was there a higher rate of sex-related crimes in areas where adult businesses were located, but that rate was significantly higher where there were several adult businesses adjacent to one another. Most cities prefer to disperse adult entertainment uses, where adult entertainment uses are allowed throughout a community. There are usually special conditions which require these businesses to maintain a certain distance from each other and from public schools and residential zones. Law enforcement strategies are usually less effective when a dispersed approach is used. A concentrated approach is one that allows adult entertainment uses in one small compact area. This concentrated approach is often used to contain adult entertainment businesses that are historically concentrated in an area. In such cases studies have shown a higher incidence of crime than other business districts in a city (Ref#14). While reports of crime may be comparatively high, it should be noted that in these concentrated or historical "skid road" areas, there 9 Adult Cabaret Director's Report March 28, 2006 are generally many other potentially problematic uses, such as taverns, lounges, and nightclubs, also concentrated in the zone. Adult entertainment uses are, generally, auto -oriented or destination -type uses attracting a regional clientele. Trade characteristics studies in Bothell, Washington (Ref#16) and Austin, Texas (Ref#13) confirmed that at least one half of all customers frequenting adult businesses came from outside the city limits (one investigation in Bothell found that of 321 vehicles checked, only 8 were registered in their city). In Austin, less than 5% were located within a one -mile radius of the establishment. While there are many businesses that may attract a regional clientele, the fact that adult entertainment uses may have an increased potential for criminal activity makes them more of a public safety risk to a neighborhood. People who patronize these establishments may have no sense of identity with or regard for the neighborhood in which these businesses may be located. They may also be less inhibited in their personal behavior than if they were in their own community. No known analyses or comparative studies have been conducted in Seattle to verify a correlation between adult entertainment uses and criminal activity. It is assumed that adult entertainment uses in Seattle are not unlike those in other cities. It is also not assumed that all adult uses generate or are involved in criminal conduct. But as evidenced in the foregoing discussion, there is enough documentation to demonstrate a link between adult entertainment uses and the potential for increased criminal activity. The secondary effects of police response to a business have already been noted. The noise from sirens, flashing lights, and traffic hazards created by police and emergency vehicles are disturbances not conducive to healthy business or residential environments The increased potential for crime, together with these effects, result in impacts that are likely to be more substantial than those of other neighborhood commercial uses, intended to serve the needs of surrounding residents ANALYSIS AND RECOMMENDATION The recommendation to restrict adult cabaret uses to industrial zones is based on the following analysis. Compared with the potential land use impacts of adult cabarets in different areas of the City, adult cabaret uses would be least intrusive and have substantially fewer impacts in industrial areas. The location of an adult cabaret use shares greater compatibility with surrounding uses in industrial areas, and would not have the same negative influence on property values, or contribute to an escalation of criminal activities in and around residential neighborhoods, and would result in the least negative impacts to pedestrians, particularly to children. 10 Adult Cabaret Director's Report March 28, 2006 Approximately 12% of Seattle's land area is industrially zoned. Of Seattle's industrially -zoned land, more than 90% is contained within the City's two manufacturing and industrial centers (MIC): Ballard/Interbay (17%) and Duwamish (77%). An additional 295 acres is zoned industrial outside of the two centers. Nearly 75% of the City's industrially -zoned land is used for industrial purposes (as measured by the King County assessors office, these include industrial uses, warehousing, transportation/utilities/communications, and institutional/public facilities). About 25% of the land is used for non -industrial purposes, including commercial uses, `other' uses (parking, etc), and open space. Most entertainment uses are permitted in industrial zones. Prior to the moratorium, adult cabarets were permitted in industrial zones, however none have historically chosen to locate in these zones. The Ballard/Interbay MIC generally abuts commercial and residential neighborhoods around the Magnolia, Queen Anne and Ballard neighborhoods. While much of the Duwamish area is dominated by Port -related industry, transportation and distribution activities, and borders the Pioneer Square and Chinatown/International District neighborhoods The area also contains the City's major league sports stadia on the north, and is bordered by significant topography and the Interstate 5 freeway on the east. Recognizing that some industrial areas of the city may not be suitable for adult entertainment uses, the DPD was asked to examine the impacts of locating adult entertainment uses in a specific portion of the Duwamish industrial area (see Map, Attachment 1). Since there are no shoreline designations in this area, preferred water -dependent or water - related uses are not affected. The remainder of the discussion in this section pertains to this identified sub -area Warehousing, transportation, and distribution uses are critical activities in this area. Parcels are generally large, often created by consolidation of half to full blocks. The average lot size is 1.5 acres for unimproved sites and 1.1 acres when improved. The platting pattern and the freight network make the area especially suited for these activities and give it its working industrial identity. Three major rail corridors subdivide the area and limit local east -west traffic. Buildings are often large, and characteristic of industrial uses, having few openings. Open sites are often devoted to parking or storage. Commercial activity is concentrated along two major arterials, Fourth Avenue South and Airport Way South. Residential development is currently prohibited in industrial zones with two exceptions: artist's studio/dwellings in existing structures and caretaker's quarters. There are no playgrounds, public or private schools, or other institutions, although some vocational training may take place in this area. The nearest school is located east of Interstate 5, approximately 1/2 mile from the study area. The nearest residential zones, on Beacon Hill located east of Interstate 5, which provides an effective barrier, and Georgetown to the South. 11 Adult Cabaret Director's Report March 28, 2006 The Seattle Comprehensive Plan recognizes the importance of industrial businesses to the City's economy, consistent with state and regional growth management objectives, and supports protecting the limited supply of large parcels of land zoned for industrial use in the City from factors that would negatively affect investment in the area. The City's industrial lands policy has historically been to provide a stable industrial environment and to protect viable industries, and family wage jobs, from competing uses. While not a residential neighborhood, and not associated with family activity that generally is central to the opposition to adult businesses elsewhere in the city, the Duwamish area possesses some vulnerability to the potentially negative impacts of adult entertainment businesses. Industrial area employers have reported that it can be difficult to recruit employees because of perceived public safety risks that accompany isolated areas. Pedestrian infrastructure is limited and there is often inadequate parking. The public transportation system is limited and does not often address the needs of shift work schedules Outlying suburban locations often provide more incentives at lower costs. These factors often discourage investment in the area. Industrial uses are also dependent on certain commercial uses for support. Allowing the location of adult entertainment uses could negatively affect the desirability of those sites for industrial support functions. If permitted, adult entertainment businesses would not necessarily compete directly for sites with industrial uses, but rather for those sites where other commercial businesses in industrial areas prefer to locate. Public safety issues are a concern in the Duwamish study area, not necessarily because of proximity to residential or neighborhood commercial development, but because the development pattern necessary for industrial activity and its inherent isolation contribute to the more vulnerable appearance of the area. Large lot and block configurations create a platting pattern that makes east -west local access difficult. The combination of dead end streets, lack of pedestrian lighting, Targe site layout, outdoor storage of materials, and the lack of oversight provided by pedestrian activity, could hamper law enforcement strategies Allowing adult entertainment businesses throughout this large area may increase the perception of public safety risks for people working in or visiting the area and property values could be negatively affected, as well. However, the effect on property values is considered far less likely in industrial areas due in large part to the character of the area and the already lower property values associated with industrial activity than would be true downtown or in other mixed use commercial neighborhoods throughout Seattle. While there is no historical precedent for adult entertainment businesses operating in this area, in the past, concerns were raised about what effect the 12 Adult Cabaret Director's Report March 28, 2006 proximity of adult entertainment uses to traditional trades will have on businesses and their employees. The economic vitality of the Duwamish industrial areas is dependent on maintaining incentives for industrial businesses and employees to remain in the City. Incentives that encourage employment, customer and support services should not be eroded. Allowing adult entertainment businesses to locate in the study area could negatively impact these incentives and contribute to the out- migration of industrial businesses from the City. However, the most compelling arguments for limiting adult entertainment uses are to reduce the potential for public safety and property value impacts on the broadest number of citizens, in residential, commercial and mixed use neighborhoods throughout the City, where the majority of citizens live and work. Comparing the land use impacts of adult entertainment uses in the different areas of the City, adult cabaret uses would be least intrusive in industrial areas than in downtown and other Seattle, pedestrian -oriented residential and mixed use neighborhoods. Recommendations Adult cabarets are proposed to be prohibited in all zones except that portion of the Duwamish industrial area as shown on the map accompanying this report, and defined generally as: South Walker Street on the north; 3rd and 4th Avenue South on the west; Interstate 5 on the east; and Duwamish Avenue South on the south. South Walker Street is recommended as the northern boundary because it provides a sufficient distance from the historical and mixed use neighborhoods of Pioneer Square and the Chinatown/International District, and from frequent events at the city's major sports facilities. 3`d and 4th Avenues South provide a western boundary that distinguishes the area from the retail centers on 1st Avenue South and the Port activity and transportation corridors associated with the Duwamish. Interstate 5 provides a formidable eastern boundary, limiting mobility between Beacon Hill and the industrial neighborhood to the west. Interstate 5, in combination with a substantial topographic change, effectively protects the single family and mixed use neighborhoods to the east on Beacon Hill. The proposed southern boundary is defined by the right-of-way for the diagonal rail yards or Duwamish Avenue South. This boundary would provide a 13 Adult Cabaret Director's Report March 28, 2006 necessary buffer in both distance and transition to the residential area of Georgetown, approximately % to % mile to the south. The area recommended in which to allow adult cabarets would provide adequate locational opportunities for adult entertainment uses away from most residential uses, and pedestrian -oriented mixed use neighborhoods. Definition "Adult cabaret" is proposed to be defined as a place of public assembly where licensing as "adult entertainment premises" is required by Seattle Municipal Code 6 270 Maximum Size of Use The size of an establishment has some correlation with the potential for impacts associated with the business. The larger the business the greater traffic or parking it is likely to generate, the greater the number of patrons on site at any one time, etc. The City's environmental laws governing traditional project or development -related impacts (SEPA) establishes a threshold for environmental review of establishments that exceed 12,000 square feet of gross floor area in industrial areas. However, non -industrial uses or those that may have unforeseen consequences on industrial use in the area, such as retail, office or residential, are either limited in size compared to industrial use (e.g office or retail) or generally prohibited (e.g. residential) Restaurants are limited to 5,000 square feet of gross floor area Given the secondary impacts associated with adult cabarets, and their general common traits with uses such as restaurants, a common size limit is appropriate. Two existing adult entertainment establishments in the city are in the range of 4,000 to 6,000 square feet of gross floor area. Generally, facilities in the 4,000 to 7,000 square foot size range appear to be the norm and the proposed maximum size limit, not to exceed 5,000 square feet, is believed to be an economically viable maximum size for an adult cabaret use in Seattle. Separation from Sensitive Uses In order to minimize the impact of adult cabarets on sensitive uses, it is proposed that any new or expanding adult cabaret be located no closer than 1,000 feet from any religious institution, childcare facility, or any facility operated by the Seattle Public School System that provides public instruction to children, community center, park, or light rail transit station. Of these uses from which adult cabarets must maintain a minimum distance, only a Tight rail transit station (passenger service is scheduled to begin in 2009) is currently located within the area in which adult cabarets are proposed to be permitted Interstate 5 14 Adult Cabaret Director's Report March 28, 2006 effectively separates the area in which adult cabarets would be allowed from the residential and mixed use neighborhoods adjoining this area to the east. Non -conforming Uses DPD recommends that existing uses made nonconforming in their present location be allowed to continue. They may maintain, repair, renovate, or structurally alter the structure to accommodate the elderly or disabled. Once a nonconforming use is discontinued for more than a year, it cannot be re- established or recommenced. Signs DPD also recommends that pole or roof signs that are visible from State Route 99, the Spokane Street Viaduct, orinterstate 5 are not permitted in conjunction with an adult cabaret. 15 Adult Cabaret Director's Report March 28, 2006 REFERENCES 1. Young v. American Mini Theaters, Inc., 427 U.S. 50, 49 L.Ed. 2d 310, 96 S.Ct.2440 (1976). 2. City of Renton v. Playtime Theaters, Inc , 475 U S. 41, 89 L.Ed. 2d.29, 106 S.Ct.925 (1986) 3. Seattle Department of Community Development, City Planning Commission, Zoning Controls for Adults -Only Theaters; March 11, 1976 4. Northend Cinema, Inc. v. City of Seattle, 90 Wn.2nd 709.585 P2nd 1153 (1978). 5. Village of Belle Terre v. Boraas, 416 U.S. 1, 39 L.Ed. 2d.797, 94 S Ct.1536 (1974). 6. Bibliography of cited studies on secondary impacts from: • Kelly and Cooper, Everything You Always Wanted to Know about Regulating Sex Businesses, Planning Advisory Service PAS Report No. 495-96. Chicago: American Planning Association, 2000; • Newport News: "Adult Use Study," Newport News Department of Planning and Development, March 1996. • Rochester: "Survey of Appraisers in Monroe County, New York," Summer 2000 • St. Paul: Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul," June 1978, City of Saint Paul Division of Planning, Department of Planning and Management; and Community Crime Prevention Project, Minnesota Crime Control Planning Board. • Tucson: The Tucson "study" actually consists of two memos: one from the Citizens Advisory Planning Committee, addressed to the Mayor and City Council, and dated May 14, 1990; and the other from an Assistant Chief of Police to the City Prosecutor, regarding "Adult Entertainment Ordinance," dated May 1, 1990. • Denver: "A Report on the Secondary Impact of Adult Use Businesses in the City of Denver," prepared by multiple city departments for Denver City Council, January 1998 16 Adult Cabaret Director's Report March 28, 2006 • Whittier: "Staff Report, Whittier City Planning Commission; Subject: Adult Business Regulations," July 11, 1994. • Duncan Associates, Eric Damian Kelly and Connie B. Cooper, Survey of Appraisers, Fort Worth and Dallas. Effects of Sexually Oriented Businesses on Surrounding Property Values. Conducted for the City of Fort Worth. September 2004. 7 City of Indianapolis, Indiana, Department of Metropolitan Development, Division of Planning. "Adult Entertainment Businesses in Indianapolis: An Analysis." 1984. 8. Duncan Associates, Eric Damian Kelly and Connie B. Cooper, Survey of Appraisers, Fort Worth and Dallas: Effects of Sexually Oriented Businesses on Surrounding Property Values. Conducted for the City of Fort Worth. September 2004. 9 Kelly and Cooper, Everything You Always Wanted to Know about Regulating Sex Businesses, Planning Advisory Service PAS Report No. 495-96 Chicago: American Planning Association, 2000; pages 51-57. 10. Toner, William. "U.S. Cities Face Combat in the Erogenous Zone," Planning, Vo1.43. Chicago: American Society of Planning Officials, September 1977. 11. And Regulating Sex Business. Planning Advisory Service, Report No.7. Chicago: American Society of Planning Officials, May 1977 12. City of Cleveland, Ohio, Police Department. Special Investigation Unit Report, August 1977. 13. City of Los Angeles, California, Department of City Planning. "Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles." June 1977 14 City of Austin, Texas, Office of Land Development Services. "Report on Adult Oriented Businesses in Austin." May 1986 15. City of Phoenix, Arizona, Planning Department. "Adult Business Study " May 1979. 16. Pratter, Jerome and Connie Hager, "Zoning Laws, Not Obscenity Laws, Offer the Way to Control Adult Entertainment," Nation's Cities Weekly, Vol.3, April 21, 1980. 17. City of Bothell, Police Department Investigations. 1984. 17 Adult Cabaret Director's Report March 28, 2006 Attachment 1 \LUM err Adult Cabarets Proposed to be Permitted within this area ORTON $T 11111011 Oft/ $ SPOKANE ' a F- 5 BRAOFOIM 0 300 600 1,200 1,800 Feet Lt� 18 Report and Analysis Submitted to Submitted by SURVEY OF APPRAISERS FORT WORTH & DALLAS EFFECTS OF LAND USES ON SURROUNDING PROPERTY VALUES CITY OF FORT WORTH, TEXAS duncan associates 13276 Research Boulevard, Suite 208 Austin, Texas 78750 Telephone: 765/289-5380 Contact Persons: Eric Damian Kelly, FAICP Connie B. Cooper, FAICP September 2004 Duncan Associates TABLE OF CONTENTS Introduction 1 Consultant Team 1 Regulating Sexually Oriented Businesses 1 Scope and Design of Study 2 Findings 4 Analysis of Response Rate 10 Summary 11 Survey Instrument 12 Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 Duncan Associates Introduction CONSULTANT TEAM The City of Fort Worth retained Duncan Associates, in association with Cooper Consulting Company, Inc., to undertake a study of certain effects of sexually oriented businesses. Specifically, a survey of Fort Worth and Dallas appraisers was undertaken to determine the potential impacts sexually oriented uses, as well as other land use types, may have on residential and businesses property values. Project manager for the study is Eric Damian Kelly, Ph.D., FAICP, vice- president with Duncan Associates. Teamed with Eric, is Connie B. Cooper, FAICP, co-author, with Kelly, of the American Planning Association's Planning Advisory Service Report Everything You Always Wanted to Know About Regulating Sex Businesses. We were assisted in the survey design and the analysis of results by David C. Keuhl, Ph.D., an Assistant Professor of Urban Planning at Ball State University. The work was performed under the supervision of the Office of the City Attorney, providing background for the City Council in its consideration of amendments to the zoning regulations for sexually oriented businesses. =APy •,; REGULATING SEXUALLY ORIENTED BUSINESSES Regulation of sexually oriented businesses has become one of the more challenging tasks facing communities today. Regulations must balance legitimate community concerns about the businesses with the First Amendment rights of the business owners and customers. Courts increasingly demand that local governments base their zoning regulations of sexually oriented businesses on documented land -use effects of those businesses. Recent court decisions indicate that a local government representing a jurisdiction of significant size is in a better position legally if it conducts its own study of those impacts, rather than relying on published studies or studies conducted in other communities. Most regulations of sexually oriented businesses are directed at nude or topless bars, XXX video stores and other establishments devoted almost entirely to sexually oriented activities. However, many well-regarded merchants include in their stock a measurable proportion of arguably sexually oriented material; such businesses include the video rental stores with "adults only" backrooms, news dealers with isolated racks of adult magazines and a variety of specialty stores that may include certain sexually oriented items. Although those who take the most negative view of sexually oriented activities and materials would lump all such businesses together, this creates an impossible situation, legally and politically. First, any broad limitation on any business with any "sexually oriented" materials or activities would ultimately apply to every bookstore, every movie rental store, every news dealer and, arguably, a variety of other merchants, such as Victoria's Secret, which trades on the fringes of this market in some of the nation's most upscale malls. Although those who would like to see such materials and activities eliminated completely from a community, the fact remains that there are technically x -rated scenes in major works of literature, brief nudity and sexual activity in Academy award-winning motion pictures. Survey of Appraisers in Fort Worth an d Dallas, Texas, September 2004 1 Duncan Associates Regulation of sex businesses is one of the most litigated areas of land -use law today. Communities that have tried to bar most or all sex businesses have generally lost court challenges to their regulatory schemes. In that context, a community must make reasonable provision for the existence of some sexually oriented businesses; on the other hand, it is also clear that a community need not necessarily allow every such establishment to offer the full range of sexually oriented products or activities that its proprietors might like to offer. Courts have also recognized that a sexually oriented business (such as a book store) is different from other businesses offering similar products that are not sexually oriented. Detroit can adopt and implement different zoning regulations for such businesses, provided that the effect is not a complete ban on all such businesses. Regulations that attempt to censor specific messages or that otherwise target the message itself are subject to "strict scrutiny" in the courts, a standard which places a heavy burden on a government to show a "compelling state interest" that justifies the regulations. See, for example, Boos v. Barry, 85 U.S. 312, 108 S. Ct. 1157, 99 L. Ed. 2d 333 (1988). But where the regulations are aimed at the secondary effects of sexually oriented businesses, they will be treated as "content neutral" and subject only to "intermediate scrutiny," a far less burdensome standard for local governments to meet. See City of Los Angeles v. Alameda Books, Inc., 152 L. Ed. 2d 670, 122 S. Ct. 1728 (U.S. 2002). In response to concerns of residents about the secondary effects of certain sexually oriented businesses, particularly in parts of the community where there were multiple such businesses, the City of Fort Worth began to consider amendments to its zoning regulations affecting sexually oriented businesses and sought our advice on the extent of those secondary effects. The focus of this study has been on the secondary effects of those businesses on property values. SCOPE AND DESIGN OF STUDY This study consisted of a survey of MAI and SRA real estate appraisers in Fort Worth and Dallas. There have been earlier surveys of real estate appraisers and professionals regarding this subject, including those incorporated in studies for Indianapolis, Indiana, Austin, Texas, Garden Grove, California, and Rochester, New York.' The most commonly cited secondary effects of sexually oriented businesses on communities relate to incidence of crime and effects on surrounding property values. The incidence of crime was well documented in the Garden Grove study,2 a study that would be difficult and expensive to replicate. Efforts to model the effects of particular uses on property values have proven to be very difficult to carry out effectively. The typical method, followed in sections of both the Indianapolis and Austin reports, is to compare trends in property values in an area with a sexually oriented business to trends in property values over the same period of time in a similar area without a sexually oriented business. There are multiple levels of comparison in such a study. One major challenge is trying to find "similar" areas. There will always be differences other than the sexually oriented business, and, without a large enough sample size that allows testing for other variables, it is difficult to determine how those other variables may be increasing or offsetting the apparent secondary effects of sexually oriented businesses. One area may have a park, while the other does not. One may have three small religious institutions while another has only two such institutions, but one of them turns out to be very large, with activities several days a week. The area with the sexually oriented business may also have a Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 2 Duncan Associates pawn shop or a salvage yard or another use that may also have a negative effect on property values. Even if researchers are able to identify truly comparable areas for the study, there is a further problem in tracking trends in property values. A study may use values assessed for tax purposes, a methodology that is itself fraught with problems and that often includes a number of factors other than market value. Tracking the values of properties that actually sell may make sense, but there is no guarantee that similar properties will sell in the two similar areas over any reasonable study period. The sale of one deteriorated home in one area or of a couple of upscale homes in another can distort study results. Understanding those problems is not particularly difficult. Solving them in the context of a specific study in a specific community is very difficult indeed. Given the above, we believe that the opinions of appraisers provide an excellent and reliable measure of the effects of any kind of use or activity on property values. First, certified appraisers are experts in their fields, people who follow professional standards in making judgments about property values. Second, appraisers familiar with a local market look at the values of many properties every year and thus have a substantial data set not only in their files but also in their heads. Third, and perhaps most important, the opinions of appraisers are essentially self-fulfilling prophecies. The vast majority of real estate transactions that take place in this country involve mortgage loans. The amount available for a mortgage loan on a particular property depends on the value of the property, as determined by an appraiser. The mortgage value of a property is typically closely correlated with the market value of the property, because few buyers are willing to pay more for a property than mortgage lenders believe that it is worth. Thus, to take an overly simple example, if most appraisers in a community believe that pink and green houses are worth, in general, 10 percent less than similar houses painted beige, the practical effect of that opinion will be to reduce the market value of pink and green houses. We elected to survey only appraisers who have met the professional standards of the Appraisal Institute3 as Members (holding the MAI designation) or as Senior Residential Appraisers (SRA designation). The Institute is considered by many to be the leading organization setting the standards for appraisers in the United States. Previous surveys of appraisers have been criticized because the purpose of the survey was made obvious, either in a cover letter or in the narrow focus of the instrument itself. We thus designed a survey that asked the opinions of the appraisers about both positive and negative effects of a variety of land uses on surrounding properties — uses including religious institutions, parks, libraries and shopping centers, as well as uses often carrying a negative connotation, such as sexually oriented businesses, pawn shops and homeless shelters. We mailed the surveys to all appraisers meeting the above qualifications. We used follow-up letters and e-mails to ask survey recipients to respond. A discussion of the response rates follows at the end of this report. In our report below, we include summaries of responses to the questions in which we were most interested. The survey instrument and responses to all questions are included at the end of the report. Although we have grouped sexually oriented businesses together in reporting the responses, the survey instrument mixed various land uses in the questions. Survey of Appraisers in Fort Worth and Dallas, Texas —September 2004 3 Duncan Associates Findings Question 3: How would the listed land uses located within 500 feet of a Single- Family Home likely affect the home's appraised value? Appraisers were nearly unanimous in responding that adult-oriented businesses of any kind (arcades, stores, or cabarets) would decrease single-family home property values. Other uses deemed similarly detrimental to property values included homeless shelters, bars, and pawnshops. Interestingly, a convenience store with a beer and wine license was viewed as decreasing values by 60% of the respondents. Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 4 Affect on Single Family Home's Appraised Value (%) Land Uses Decrease No i pact Increase Opinion , Adult Arcade/Peep Booths 97.5 0.0 0.0 2.5 Adult Novelty/Media Store (Retail only) 97.5 0.0 0.0 2.5 Gentleman's Club/Cabaret 95.0 2.5 0.0 2.5 Homeless Shelter 95 0 2.5 0.0 2.5 Bar/Lounge 87.5 7 5 0.0 5.0 Pawn Shop 87.5 10.0 0.0 2.5 Convenience Store (beer/wine license) 80.0 12.5 1 2.5 5.0 Gas Station 60.0 32.5 2.5 5 0 Office Building 52.5 40 0 0.0 7 5 Grocery Store 47 5 25.0 25.0 2.5 Fire station 27.5 50.0 1 20.0 2.5 Bookstore 23 1 59 0 15.4 2.6 Religious Institution 15.4 61.5 17 9 5.1 Public Library 15.0 45 0 32.5 7.5 Neighborhood Park 5.0 15.0 77.5 2.5 Appraisers were nearly unanimous in responding that adult-oriented businesses of any kind (arcades, stores, or cabarets) would decrease single-family home property values. Other uses deemed similarly detrimental to property values included homeless shelters, bars, and pawnshops. Interestingly, a convenience store with a beer and wine license was viewed as decreasing values by 60% of the respondents. Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 4 Duncan Associates Question 4: If you selected "Decrease Value" or "Increase Value" for any of the land uses in Question 3, at what distance would the land use likely have No Impact on the appraised value of the Single -Family Home? More than 78% of the appraisers judged the negative influence of adult-oriented businesses on property values to extend beyond 3000 feet (or approximately 6 blocks). While a few suggested the influence was not felt quite so far, even the lowest estimates put the distance at 1000 feet. The average distance was between 2700 and 2800 feet. Other than sexually oriented uses, only homeless shelters were considered to influence property values that far away. Pawnshops, bars, and gas stations were next (2600 to 2400 feet). Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 5 Distance Before There Is No Impact on Single Family Home's Appraised Value (%) Land Uses Over 500 ft. Over 1000 ft. Over 1500 ft. Over 2000 ft. Over 2500 ft. Over 3000 ft. Average Feet Homeless Shelter 0.0 0 0 5.7 5.7 2.9 85 7 2800 Adult Arcade/Peep Booths 0.0 0.0 5.7 5.7 5.7 82.9 2800 Gentleman's Club/Cabaret 0.0 2.8 8.3 2.8 2.8 83.3 2700 Adult Novelty/Media Store (Retail only) 0.0 2.7 2.7 5.4 10.8 78.4 2700 Pawn Shop 0.0 3.0 9.1 15.2 9.1 63.6 2600 Bar/Lounge 0 0 9.1 12.1 9.1 12 1 57.6 2400 Gas Station 3.4 6.9 13.8 13.8 17.2 44.8 2300 Convenience Store (beer/wine license) 3.2 12.9 25 8 0 0 16 1 41 9 2100 Office Building 3 6 7.1 21 4 21.4 14 3 32.1 2100 Fire station 5 6 11.1 22.2 11.1 11.1 38.9 2100 Public Library 13.0 4.3 21 7 4.3 26.1 30.4 2000 Grocery Store 7 4 11.1 25.9 18 5 3.7 33 3 2000 Neighborhood Park 12.9 16 1 19.4 25 8 0.0 25.8 1800 Bookstore 11.8 17.6 23.5 17 6 5.9 23.5 1700 Religious Institution 13.3 20 0 26 7 13.3 6.7 20.0 1700 More than 78% of the appraisers judged the negative influence of adult-oriented businesses on property values to extend beyond 3000 feet (or approximately 6 blocks). While a few suggested the influence was not felt quite so far, even the lowest estimates put the distance at 1000 feet. The average distance was between 2700 and 2800 feet. Other than sexually oriented uses, only homeless shelters were considered to influence property values that far away. Pawnshops, bars, and gas stations were next (2600 to 2400 feet). Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 5 Duncan Associates Question 5: How would the listed land uses located within 500 feet of a Community Shopping Center likely affect the community shopping center's appraised value? The appraisers considered the property values of community shopping centers to be equally detrimentally affected by the proximity of adult-oriented businesses. More than 82% considered adult-oriented uses to decrease commercial property values. The only use considered to be comparable in its decreasing of property values was homeless shelters. Pawnshops and bars were next but only 54% and 36%, respectively, of the appraisers thought they would decrease property values. Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 6 Affect on Community Shopping Center's Appraised Value (%) Land Use Decrease No impact Increase No Opinion Adult Arcade/Peep Booths 92.3 2.6 2.6 2.6 Gentleman's Club/Cabaret 89.7 2.6 5.1 2.6 Adult Novelty/Media Store (Retail only) 82.1 12.8 0.0 5.1 Homeless Shelter 82.1 12.8 2.6 2.6 Pawn Shop 53.8 35.9 5.1 5.1 Bar/Lounge 35 9 46.2 12.8 5.1 Convenience Store (beer/wine license) 7.7 59.0 25.6 7.7 Grocery Store 7.7 53 8 35.9 2.6 Bookstore 2.7 62.2 32.4 2.7 Fire station 2.6 76.3 18.4 2.6 Neighborhood Park 2.6 82 1 10.3 5.1 Religious Institution 2.6 82.1 10.3 5 1 Office Building 2.6 64 1 30.8 2 6 Gas Station 2 6 64.1 30.8 2.6 Public Library 0 0 89.7 7.7 2.6 The appraisers considered the property values of community shopping centers to be equally detrimentally affected by the proximity of adult-oriented businesses. More than 82% considered adult-oriented uses to decrease commercial property values. The only use considered to be comparable in its decreasing of property values was homeless shelters. Pawnshops and bars were next but only 54% and 36%, respectively, of the appraisers thought they would decrease property values. Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 6 Duncan Associates Question 6: If you selected "Increase Value" or "Decrease Value" for any of the land uses in Question 5, at what distance would the land use likely have No Impact on the appraised value of the Community Shopping Center? Approximately 60% of the appraisers felt adult-oriented businesses have an impact on the value of shopping centers' values beyond 3000 feet. As compared to single-family homes, the distance at which appraised values would no longer be affected by an adult use was somewhat less. Respondents felt that it took from 2300 to 2400 feet before an adult use had no impact on the appraised value of a shopping center. Only homeless shelters were suggested to have a further reach (2500 feet). Again, pawnshops and bars were next with an influence on property values 2100 and 1900 feet, respectively. Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 7 Distance Before There Is No Impact on Community Shopping Center's Appraised Value (%) Land Uses Over 500 ft. Over 1000 ft. Over 1500 ft. Over 2000 ft. Over 2500 ft. Over 3000 ft. Average Feet Homeless Shelter 0.0 3.6 10.7 17.9 3.6 64 3 2500 Adult Novelty/Media Store (Retail only) 0.0 14.3 10.7 10.7 3.6 60.7 2400 Adult Arcade/Peep Booths 2.9 8.8 11.8 11.8 5.9 58.8 2400 Gentleman's Club/Cabaret 0.0 14.7 14.7 5.9 5.9 58.8 2300 Pawn Shop 9.5 9.5 19 0 4.8 14.3 42.9 2100 Bar/Lounge 5 0 10.0 35.0 20.0 0.0 30.0 1900 Grocery Store 23.8 4.8 28.6 14.3 4.8 23.8 1700 Office Building 11.1 11.1 33.3 22.2 0.0 22.2 1700 Fire station 18.2 9.1 27.3 18.2 0.0 27.3 1700 Gas Station 31 3 6.3 25.0 0.0 0 0 37.5 1700 Bookstore 17.6 17.6 29.4 5.9 5.9 23.5 1600 Religious Institution 18.2 27.3 27.3 9.1 0.0 18.2 1500 Convenience Store (beer/wine license) 25.0 18.8 31.3 6.3 0.0 18.8 1400 Public Library 20.0 30 0 30.0 10.0 0.0 10 0 1300 Neighborhood Park 22.2 44.4 22.2 0.0 0.0 11.1 1200 Approximately 60% of the appraisers felt adult-oriented businesses have an impact on the value of shopping centers' values beyond 3000 feet. As compared to single-family homes, the distance at which appraised values would no longer be affected by an adult use was somewhat less. Respondents felt that it took from 2300 to 2400 feet before an adult use had no impact on the appraised value of a shopping center. Only homeless shelters were suggested to have a further reach (2500 feet). Again, pawnshops and bars were next with an influence on property values 2100 and 1900 feet, respectively. Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 7 Duncan Associates Question 7: Is there a greater negative impact on property values if there is a concentration of land uses that have a negative impact on appraised values? Does a Concentration of Negative Uses Create a Greater Impact? Yes 82.9% No 9.8% No opinion 7.3% The vast majority of appraisers agreed that a concentration or cluster of detrimental uses had a greater negative impact on property values than isolated uses. Question 8: If you answered "YES" to Question 7, which of the following factors are important in determining whether there is a "concentration" of uses with a possible negative impact? Factors Determining a Concentration Number of uses within a specified area? 3 + (uses) Distance between uses measured in feet? 430 feet (average) At what separation distance would the impact of the concentration cease to be a consideration? 3,340 feet (average) A concentration of three or more negative uses was considered by most appraisers to be the level at which the impact is greater. The grouping was considered to occur if uses were within approximately 400 feet of each other. Respondents felt concentration ceased to have an impact at an average distance of 3,340 feet (as compared to approximately 2300 to 2800 feet for single uses listed earlier.) Question 9: General comments on other issues related to Question 8. • Survey did not consider condition or level of public use for several items. • Variable that affects survey is the price range of house and size of community. In Dallas, $300,000+ houses like to be secluded. In small towns people are happy to have a choice in uses, have growth and acceptance of it. • Concentration depends on size of the defined area. • Grouping of uses may be beneficial such as West End, Deep Ellum, or Sundance Square; however, DFW does not group their sexually oriented businesses into a single "red-light" district so it is difficult to measure. Although all of the clubs near Buchman Lake had a negative effect on the area; so it may be un -wise to cluster such uses near a residential area. • Adult sexually oriented businesses need to be concentrated and located low-end industrial areas, otherwise they will gradually drive down the population and desirability of the area. • Shopping centers benefit from defined agglomerations of retail if they have high architectural and signage standards; residential amenities within walking distance (5 - 6 blocks) are positive. Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 8 Duncan Associates • Uses such as pawnshops, peep booths, etc, obviously effect single-family value. It is an open question as to effect on commercial properties; but as always, the developer must exhibit some common sense as to locations, area, etc., in both residential and commercial. • The adverse land uses should be located outside the defined neighborhood in order for an adverse use to have little or no impact. • Certain uses tend to increase crime rates and probably push values downward. • Concentrating SOBs in industrial areas is reasonable as I support the business owners' rights to do business. Homeless shelters strike me as a big problem due to the number of panhandlers, bums, psychotics, etc. that leave the shelter each day. These need to be close to police stations and city services. • It depends — Type of uses. Type of high-rise. Type of low rise. Ugly stuff in air. Blah Blah Blah. • It depends on various factors primary are owner's expectations for the environment they are purchasing close to their house. Urban area negative use not a factor; suburban - everything can be an issue. Could get more usefulness by designing a questionnaire from an appraiser's perspective. I really think you can't understand factors without a socio-economic context. • All of the above factors are relevant in that the noise level and traffic need to be minimal, although services need to be still relatively close by. • Obviously some uses detract from value but number of uses is subjective. • Marketing time (for property) would need to be extended. • There would be other factors to be considered such as a major street or intersection as a screening characteristic, a larger building that blocks, a green belt or distances between uses, etc. • Typically, no single adverse use causes a negative impact but a negative impact use causes other negative impact uses to move into certain areas and the combination of all negative uses creates negative property values. • Single-family uses should be "family" oriented - not pornographic oriented. Lower demand would result in lower prices. Community shopping tends to be "A, B, or C" tenants etc. Generally pawnshops and adult entertainment are the lower rents, thus in lower value areas. • SOBs generally have a negative affect on single family uses; lesser impact on retail. Question 10: Do you believe that your personal, moral, or ethical beliefs about certain land uses have affected your responses to any of the questions in this survey? Do Personal Beliefs Affect Response? Yes 19.5% No 80.5% Slightly less than 20% of appraisers felt that the answers they gave to the previous questions might be influenced by their "personal, moral, or ethical beliefs." The most commonly mentioned uses where this occurred were in the case of adult-oriented businesses. This means the findings may be slightly skewed negatively towards adult-oriented businesses. Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 9 Duncan Associates Analysis of Response Rate We mailed 186 surveys to appraisers holding the SRA or MAI designation in the cities of Fort Worth and Dallas. After follow-ups by mail and e-mail, we received 41 completed forms. Another 34 persons responded by indicating that they did not wish to complete the survey. Conservatively, that gave us a response rate of 22 percent, which is a margin of error of 13.7 percent. In some surveys — such as those of voters for President of the United States, where margins are typically narrow — that margin of error would substantially impair if not eliminate any validity of the survey. In this case, however, the major findings were supported by 82 to 97 percent of the respondents. Even if the entire margin of error were applied negatively and the resulting responses were thus directly reduced (which is a worst-case example of possible error, not a statistically valid technique), the results would drop to 68 to 83 percent of the respective respondents, still a very strong and firm finding on all of the issues on which we have reported. An argument can certainly be made that the response rate was greater than that in a typical survey in which a response rate of 22 percent is reported; in such a survey, typically only 22 percent of the people respond in any way. In this case, 40 percent actually responded in some way, although 18 percent were simply responding to say that they did not wish to participate. It is also useful to compare the response rate in this study to response rates in other surveys of appraisers. A search of the literature on appraiser's response rates to surveys revealed a range as follows: Author Year Response Rate Chan4 2000 21.0% Clauretie, Bible, et al.5 1989 23.9% Diskin, Lahev, et al.6 1988 30.0% Dotterweich and Myers7 1995 41.5% Fisher, Lentz, et al.8 1993 33.0% Kinnard and Worzala9 1999 43.0% Lahey, Ott, et al.10 1993 40.4% Smolen and Hambleton" 1 1997 36.5% Waller12 2000 50.0% Wolverton and Epley13 2000 25.7% Wolverton and Gallimore14 1999 31.7% Wolverton and Gallimore15 1999a 31.8% Although at the low end of response rates among surveys of appraisers on a variety of subjects, the results in this survey were of the same order of magnitude. Further, most of the other Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 10 Duncan Associates surveys asked appraisers questions about their profession or practices, not hypothetical questions about property values. As experts and consultants, we certainly understand the reluctance of experts to respond to hypothetical questions in their area of expertise for a non - client, without compensation and with no firm understanding of how the material will be used. When all of those factors are considered, we believe that the response rate is understandable. Further, as noted above, the findings are so clear that the relatively high margin of error resulting from the lower response rate has no effect on the substantive findings of the study. Summary ❑ Appraisers were nearly unanimous in responding that adult-oriented businesses of any kind (stores, arcades, or cabarets) would decrease single-family home property values. Other uses deemed similarly detrimental to property values included homeless shelters, bars, and pawnshops. ❑ More than 70% of the appraisers judged the influence of adult-oriented businesses on property values to extend beyond 3000 feet (or approximately 6 blocks). While a few suggested the influence was not felt quite so far, even the lowest estimates put the distance at 1000 feet. The average distance was between 2700 and 2800 feet. Only homeless shelters were considered to influence property values that far away. Pawnshops, bars, and gas stations were next (2300 to 2500 feet). ❑ The appraisers considered the property values of community shopping centers to be equally detrimentally affected by the proximity of adult-oriented businesses. More than 75% considered adult uses to decrease commercial property values. The only use considered to be comparable in its decreasing of property values was homeless shelters. Pawnshops and bars were next in their impact on lowering appraised values for community shopping centers but to a much lower degree (53% and 32%, respectively). ❑ Approximately 50% of the appraisers felt adult-oriented businesses impact shopping centers' appraised values beyond 3000 feet. As compared to single-family homes, the distance at which appraised values would no longer be affected by an adult use was somewhat less. Respondents felt that it took from 2200 to 2300 feet before an adult use had no impact on the appraised value of a shopping center. Only homeless shelters were suggested to have a further reach (2400 feet). Again, pawnshops and bars were next in their influence on property values within 2000 and 1900 feet, respectively. ❑ The vast majority of appraisers agreed that a concentration or cluster of detrimental uses had a greater negative impact than isolated uses. ❑ Three negative uses grouped together was considered by most appraisers to be the level at which the impact was greater. The grouping was considered to occur if uses were within approximately 1000 feet of each other. They felt the concentration ceased to have an impact at an average distance of 3800 feet (as compared to approximately 2300 to 2800 feet single uses). ❑ Slightly more than 20% of appraisers felt that the answers to the survey questions might be influenced by their "personal, moral, or ethical beliefs." This means the findings may be slightly skewed negatively towards adult-oriented businesses. Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 11 Duncan Associates Survey Instrument Survey of Appraisers in Fort Worth and Dallas, Texas - September 2004 12 duncan associates c/o ION DESIGN GROUP 2800 NORTH HENDERSON AVENUE, SUITE 100 DALLAS, TX 75206 PH: 214-228-0211 FAX: 214-370-3083 August 15, 2004 Dear MAI and SRA Designated Appraisers, We are writing to request your assistance. Duncan Associates is conducting a survey on whether property values are affected by certain types of nearby land uses. We are sending this 10 -question survey to MAI and SRA designated appraisers in Dallas and Fort Worth to gain additional insight into better ways to regulate land uses and protect neighborhood amenities. Please be assured that your response to this survey in no way implies that you are undertaking an appraisal of a property. It is simply to ascertain your views on the potential impact on property values created by certain types of land uses. Your responses are completely confidential. We use a mailing code to follow up on surveys that have not been returned. This is on the envelope and is discarded upon tabulation of the returned survey. Enclosed with the survey is a stamped, self-addressed return envelope. Please use it to return the survey. We ask that you return the survey by Monday, August 30. If you would like to receive a copy of the tabulated survey results, please provide your name and address in the informational block found at the end of the survey. We thank you in advance for your participation. If you have any questions, comments, or concerns please contact me at the number above or my associate, Connie B. Cooper, FAICP, via phone at 214-228-0211, or via e-mail at ccconniecooper@cs.com. Sincerely, Eric Damian Kelly, FAICP Duncan Associates SURVEY OF MAI AND SRA DESIGNATED APPRAISERS DEADLINE: MONDAY, AUGUST 30, 2004 Purpose of the Survey: This survey asks Dallas and Fort Worth MAI and SRA designated appraisers your views of the impact certain land uses have on the appraised value of single-family homes and commercial businesses. Again, your response to this survey in no way implies that you are undertaking an appraisal of a property. It is simply to ascertain your views on the potential impact on property values created by the presence of certain types of land uses. We recognize that it may be difficult to respond to the questions related to specific distances; your best effort is appreciated. Thank You! 1. Rate the following amenities as to their potential influence on a Single -Family Home's appraised value. (circle response) Amenities 1 = No Influence 5 = Very Positive Influence No Opinion Low Traffic Volumes 1 2 3 4 5 N/0 Tree -Lined Street 1 2 3 4 5 N/O Nearby Elementary School 1 2 3 4 5 N/O Close to Local Shopping 1 2 3 4 5 N/O Sidewalks 1 2 3 4 5 N/0 Near Neighborhood Park 1 2 3 4 5 N/O Underground Power Lines 1 2 3 4 5 N/O Street Lights 1 2 3 4 5 N/0 On -street Parking 1 2 3 4 5 N/O Curb and Gutter 1 2 3 4 5 N/O 2. Rate the following amenities as to their potential influence on a Community Shopping Center's appraised value. (circle response) Amenities 1 = No Influence 5 = Very Positive Influence No Opinion Low Traffic Volumes 1 2 3 4 5 N/O Tree -Lined Street 1 2 3 4 5 N/O Nearby Elementary School 1 2 3 4 5 N/O Close to Local Shopping 1 2 3 4 5 N/O Sidewalks 1 2 3 4 5 N/O Near Neighborhood Park 1 2 3 4 5 N/O Underground Power Lines 1 2 3 4 5 N/O Street Lights 1 2 3 4 5 N/O On -street Parking 1 2 3 4 5 N/O Curb and Gutter 1 2 3 4 5 N/O Survey of Appraisers in Fort Worth and Dallas, Texas — September 2004 1 Duncan Associa,_ 3. How would the listed land uses located within 500 feet of a Single- 4. If you selected "Decrease Value" or "Increase Value" for any of the Family Home likely affect the home's appraised value? (Check only land uses in Question 3, at what distance would the land use likely ONE box for each land use) have NO IMPACT on the appraised value of the Single -Family Home? (Check only ONE box for each land use) Survey of Appraisers in Fort Worth and Dallas, Texas — September 2004 2 Impact on value due Single -Family Home's appraised located to the listed land uses within 500 feet Land Use Decrease Value No Impact Increase Value No Opinion Neighborhood Park Religious Institution Religious Institution Convenience Store (beer/wine license) Convenience Store (beer/wine license) Public Library Bar/Lounge Gentleman's Club/Cabaret Bar/Lounge Grocery Store Gentleman's Club/Cabaret Bookstore Adult Novelty/Media Store (Retail only) Grocery Store Office Building Bookstore Homeless Shelter Fire station Pawn Shop Office Building Adult Arcade/Peep Booths Homeless Shelter Gas Station Survey of Appraisers in Fort Worth and Dallas, Texas — September 2004 2 Distance at which land use would have NO IMPACT on Single -Family Home's appraised value Land Use Over 500 ft. Over 1000 ft. Over 1500 ft. Over 2000 ft. Over 2500 ft. Over 3000 ft. Neighborhood Park Religious Institution Convenience Store (beer/wine license) Public Library Bar/Lounge Gentleman's Club/Cabaret Grocery Store Bookstore Adult Novelty/Media Store (Retail only) Office Building Homeless Shelter Fire station Pawn Shop Adult Arcade/Peep Booths Gas Station Survey of Appraisers in Fort Worth and Dallas, Texas — September 2004 2 Duncan Associates 5. How would the listed land uses located within 500 feet of a Community Shopping Center likely affect the community shopping center's appraised value? (Check only ONE box for each land use) 6. If you selected "Increase Value" or "Decrease Value" for any of the land uses in Question 5, at what distance would the land use likely have NO IMPACT on the appraised value of the Community Shopping Center? (Check only ONE box for each land use). Impact on appraised Community Shopping Center's value due to the listed land uses located within 500 feet Land Use Decrease Value No Impact Increase Value No Opinion Neighborhood Park Religious Institution Religious Institution Convenience Store (beer/wine license) Convenience Store (beer/wine license) Public Library Bar/Lounge Public Library Gentleman's Club/Cabaret Bar/Lounge Grocery Store Bookstore Adult Novelty/Media Store (Retail only) Grocery Store Office Building Bookstore Homeless Shelter Fire station Adult Novelty/Media Store (Retail only) Pawn Shop Office Building Adult Arcade/Peep Booths Gas Station 6. If you selected "Increase Value" or "Decrease Value" for any of the land uses in Question 5, at what distance would the land use likely have NO IMPACT on the appraised value of the Community Shopping Center? (Check only ONE box for each land use). Survey of Appraisers in Fort Worth and Dallas, Texas — September 2004 3 Distance at which land use would have NO IMPACT on Community Shopping Center's appraised value Land Use Over 500 ft. Over 1000 ft. Over 1500 ft. Over 2000 ft. Over 2500 ft. Over 3000 ft. Neighborhood Park Religious Institution Convenience Store (beer/wine license) Public Library Bar/Lounge Gentleman's Club/Cabaret Grocery Store Bookstore Adult Novelty/Media Store (Retail only) Office Building Homeless Shelter Fire station Pawn Shop Adult Arcade/Peep Booths Gas Station Survey of Appraisers in Fort Worth and Dallas, Texas — September 2004 3 Duncan Associal.._ 7. Is there a greater negative impact on property values if there is a concentration of land uses that have a negative impact on appraised values? Yes: No: No Opinion: Note: If you answered "No" or "No Opinion" skip to Question #9 8. If you answered "YES" to Question 7, which of the following factors are important in determining whether there is a "concentration" of uses with a possible negative impact? Factors Determining a Concentration ,/ How Much or How Many? Number of uses within a specified area? Distance between uses measuredin feet? Distance between uses measured in driving time? At what separation distance, minutes or feet (indicate) would the impact of the concentration cease to be a consideration? No Opinion 9. Provide any other comments regarding the potential impact the. surveyed land uses might have on the appraised value of a single- family home or community shopping center. 10.Some of the types of land uses listed in this survey elicit strong responses from some persons, both positively and negatively. Although we believe that professionals are less likely than others to respond to these questions from emotional or moral positions, previous surveys of this type have sometimes been criticized because they did not include a question about the extent to which ethical, religious or other personal beliefs might have affected responses. In that context, we would appreciate your response to this final, two-part question Please provide your name and mailing address if you would like a copy of the survey results: Thank You for taking the time out of your business day to respond to our questionnaire. Again, if you have any questions or wish to provide comments, please include them with your questionnaire or give us a call / email at the numbers listed on the cover letter Eric Damian Kelly, FAICP Connie B. Cooper, FAICP Survey of Appraisers in Fort Worth and Dallas, Texas — September 2004 4 YES NO Do you believe that your personal, moral or ethical beliefs about certain land uses have affected your responses to any of the questions in this survey? If yes, which types of land uses? Please provide your name and mailing address if you would like a copy of the survey results: Thank You for taking the time out of your business day to respond to our questionnaire. Again, if you have any questions or wish to provide comments, please include them with your questionnaire or give us a call / email at the numbers listed on the cover letter Eric Damian Kelly, FAICP Connie B. Cooper, FAICP Survey of Appraisers in Fort Worth and Dallas, Texas — September 2004 4 Duncan Associates 1 Austin, Texas: "Report on Adult Oriented Businesses in Austin," prepared by Office of Land Development Services, May 19, 1986. Garden Grove, California. "Final Report to the City of Garden Grove: the Relationship between Crime and Adult Business Operations on Garden Grove Boulevard," Richard W. McCleary, Ph.D., James W. Meeker, J.D., Ph.D., October 23, 1991. Indianapolis: "Adult Entertainment Businesses in Indianapolis, An Analysis," 1984 Rochester, New York: "Survey of Appraisers in Monroe County, New York," Summer 2000, results published in Kelly and Cooper, Everything You Always Wanted to Know about Regulating Sex Businesses, Planning Advisory Service Report No. 495-96. Chicago: American Planning Association, 2000, pages 51-57. 2 McCleary and Meeker, op cit. 3 http://www.appraisalinstitute.org 4 Chan, N. (2000). "How Australian appraisers assess contaminated land." The Appraisal Journal 687(4): 432-439. 5 Clauretie, T M., D. S. Bible, et al. (1989). "Appraisal Regulation And Certification: Appraisers' Views." The Appraisal Journal 57(3): 317-326 6 Diskin, B. A., V. M. Lahey, et al. (1988). "Appraisers' Utilization Of Computer Technology." The Appraisal Joumal 56(2): 179-189 7 Dotterweich, D. and G. Myers (1995). "Appraiser Attitudes toward Industry Changes." The Appraisal Journal 63(3): 291-297. B Fisher, J. D., G. H. Lentz, et al. (1993). "Effects of Asbestos on Commercial Real Estate: A Survey of MAI Appraisers." The Appraisal Joumal 61(4): 587-599. 9 Kinnard, W. N. and E. M. Worzala (1999). "How North American Appraisers Value Contaminated Property and Associated Stigma." The Appraisal Journal 67(3): 269-279. 1° Lahey, K. E., D M. Ott, et al. (1993). "Survey of the effects of state certification on appraisers." The Appraisal Journal 61(3)• 405-413. 11 Smolen, G. E. and D. C. Hambleton (1997). "Is the Real Estate Appraiser's Role Too Much To Expect?" The Appraisal Joumal 65(1): 9-17. 12 Waller, B. D. (2000). "A Survey of the Technology Astuteness of the Appraisal Industry." The Appraisal Journal 68(4): 469-473. 13 Wolverton, M. L. and D Epley (2000). "National Survey of Residential Appraisers Shows SRAs Have More Earning Power." The Appraisal Journal 68(4): 395-405. 14 Wolverton, M. L. and P Gallimore (1999). "Client feedback and the role of the appraiser." The Journal of Real Estate Research 18(3)• 415-431. 15 Wolverton, M. L. and P. Gallimore (1999). "A cross-cultural comparison of the appraisal profession." The Appraisal Journal 67(1): 47-56. Survey of Appraisers in Fort Worth and Dallas, Texas — September 2004 5 AUSTIN CITY COUNCIL MAYOR Frank C. Cooksey MAYOR PRO TEM 'John Trevino, Jr. COUNCIL MEMBERS 1111111 Mark Rose Smoot Carl -Mitchell Sally Shipman George Humphrey Charles E. Urdy i CITY MANAGER Jorge Carrasco REPORT ON ADULT ORIENTED BUSINESSES IN AUSTIN Prepared By Office of Land Development Services May 19, 1986 City of Austin • 1 ACKNOWLEDGEMENTS 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 Analyst Galloway Beck, Planner Analyst E. Gay Brown, Administrative Technician II Karen Murray, Senior Administrative Clerk Building Inspection Department James W. Smith, Director Bill Cook, Manager, Neighborhood Conservation Edward Sanchez, Acting Supervisor, General Inspections Terry L. Meadows, Senior Inspector, General Inspections ea� TABLE OF CONTENTS Page I. Introduction 1 II. Summary of Existing Research 2 A. Analysis of Existing Research 2 B. Legal Basis 4 III. Adult Oriented Businesses in Austin 6 A. Location of Existing Businesses 6 B. Evaluation of Adult Business Impacts 9 C. Trade Area Characteristics 27 IV. Conclusions 32 Appendix 35 • 1 TABLE OF MAPS Map 1 Existing Adult Businesses Locations 7 Map 2 Study Area 1 12 Map 3 Control Area 1 13 Map 4 Study Area 2 14 Map 5 Control Area 2 15 Map 6 Study Area 3 16 Map 7 Control Area 3 17 Map 8 Study Area 4 18 Map 9 Control Area 4 19 Map 10 Adult Business Trade Area - Southside 28 News Map 11 Adult Business Trade Area Cinema West 29 Map 12 Adult Business Trade Area - Yellow Rose 30 1 1 1 1 1 SUII'IARY 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 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. Existing Adult Businesses in Austin Austin has 49 adult oriented businesses, consisting primarily of bookstores, eters, massage parlors, and topless bars. Generally, these businesses are located in an area between Lamar Boulevard and 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 control and study areas are circular in shape with a 1,000 foot radius, contain similar land uses, and are in close proximity to one another. Four study areas were defined: two with single businesses and two with more than one business. Within the study areas, sex-related crimes Nne.,.found to be from two to marly five _times the cit -wide average... Also, sex -mate ri cme rates were ie 6 found t-16 ig1i 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, quuestionnaires 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 several factors. They noted that adult businesses made homes less attractive to families, thus lowering demand and property values. Others stated that the existence of adult businesses leads mortgage underwriters to believe that the neighborhood is in decline, thus making 95% financing difficult. 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 81 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. 2. Adult businesses should be dispersed to avoid the over concentration of such business. 3. Conditional use permits should be required for adult businesses in certain specified zone districts. CHAPTER I INTRODUCTION As 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 Supreme 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 patrons has been a difficult task. Austin enacted a "Sexually Oriented Commercial Establishments Ordinance" on May 22, 1980. This ordinance prohibites adult businesses from being closer than 1,000 feet from a residential use. On October, 25, 1983, a lawsuit was filed attacking the validity of the Ordinance. The lawsuit 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. On January 10, 1985, a trial was held. Because the court was unable to make a factual finding on the validity of the City's assertion, it permanently enjoined the City from enforcing the ordinance at that location. The court did not declare the ordinance unconstitutional. However, because of the precendent set by this action, Austin currently lacks an adult business ordinance that can be effectively enforced. Therefore, it is the purpose of this study to objectively evaluate the impacts of adult entertainment businesses on surrounding neighborhoods and to formulate appropriate regulations based on these findings. 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 Zoning and Other Methods of Regulating Adult Entertainment Uses in Amarillo, con luded that adult entertainment uses are distinguishable from other businesses in that they have negative impacts on surrounding land uses. The study established a relationship between high crime rates and proximity to adult businesses. Furthermore, the study found that the late operating hours of most adult businesses created special problems to surrounding neighborhoods in the form of noise, glare, and traffic. Beaumont, Texas A planning department study done for the Charlton -Pollard Neighborhood in Beaumont, Texas investigated the effect of adult businesses on economic decline and crime. The study concluded that the concentration of adult businesses drove away neighborhood commercial stores and contributed to an increase in crimes such as prostitution, drug use, and muggings. Indianapolis, Indiana In February, 1984, the Division of Planning in Indianapolis published a report titled Adult Entertainment Businesses in Indianapolis: An Analysis. This report contained the results o 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. 2 1 The second portion of the'" study evaluated the impact of adult bu:;inesses 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 surveyed felt that residential property values would decrease if located within one block of an adult business. The national survey generated similar results - 80% of those surveyed felt residential property values would decrease if located within a block of an adult business. Los Angeles, California The Department of City Planning for Los Angeles published a report in June, 1977 entitled Study of the -Effects of the Concentration of Adult Entertainment Establishments in the City of -Los Angeles. An evaluation of the impact of adult businesses on both crime rates and property values was conducted. Crime rates were evaluated by comparing the Hollywood area with the remainder of the city. Hollywood was selected as a study area because of its high concentration of adult businesses. The study focused on the years 1969 to 1975, during which the number of adult businesses increased from 11 to 88 establishments. The study indicated that prostitution arrests 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 values. Over 90% of those surveyed felt that the concentration of adult businesses would decrease the market value of private residences located within 1000 feet of the adult business. Eighty-seven percent indicated that the concentration of adult businesses would decrease the market value of business property located in the vicinity of such establishments. Los Angeles County, California In April, 1978, the Department of. Regional Planning of the County of Los Angeles published a study entitled Adult Entertainment Study and Proposed Zoning Ordinance Amendment. In the study, law enforcement officers were surveyed. Responses from the surveys indicated that areas with a concentration of adult businesses have a higher incidence of public intoxication, theft, assault, disturbing the peace, and sex-related vice. Respondents indicated that nude bars, modeling studios, and massage parlors caused the most individual problems. 3 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 time, only Seattle and Renton, Washington have ordinances similar in nature to the Boston ordinance. However, several cities have adopted regulations similar to those enacted in Detroit, which are aimed at dispersing adult entertainment businesses. The Detroit ordinance was legally challenged and ultimately upheld by the United States Supreme Court in 1976. This court case, known as Young -v- American Mini Theaters, Inc., now serves as the primary legal precedent regarding the use of zoning powers to regulate adult entertainment business. In Young, the Supreme Court held that "even though the First Amendment protects communication in this area (sexually explicit activities) from total suppression, we hold the State may legitimately use the content of these materials as a basis for plac#ng them in a different classification from other movie theaters'. 1. McClendon, Bruce W.; Zoning for Adults Only, (Zoning news; American Planning Association, August, 1985). 4 i 1 1 1 1 1 1 1 1 1 1 1 1 1 The plurality opinion for this court case set out three First Amendment criteria that ordinances regulating adult entertainment businesses must satisfy in 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. 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 accomplis19 its object of eliminating the adverse effect of adult businesses'. The limitations established by these criteria are best illustrated by analysis c 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 existing businesses. Although factual evidence was presented in support of Atlanta's ordinance, the U.S. Supreme Court found that the ordinance violated the first two criteria cited in 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 oo1y 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;1 p.4 3. Ibid. p.4 4. 1bid. p.4 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 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. 6 tf'ItArtti •-1- Table 1 Existing Adult Businesses Austin, Texas January I, 1986 Adult Entertainment Businesses Adult Bookstores 1. Adult Theater 2. Mr. Video 3. River City Newsstand 4. River City Newsstand 5. Video Barn 6. Southside News 7. The Pleasure Shop • 8. Oasis Adult Book Store 9. Ms. Video 10. Sixth Street News Adult Theaters 1. Cinema West Theater 2. Texas Adult Theater Adult Film Stores 1. Video Barn 2. Video Barn 3. Video Barn 4. Video Barn 5. Video Barn 6. Video Etc. Adult Service Businesses Massage Parlors ' 1. Ann's Massage Clinic 2. Body Works, Inc. 3. Fantastic Oriental Massage 4. Fantasy Massage 5. I Dream of Jeanie 6. La Femme 7. Michelle's Massage B. Midnight Cowboy Oriental 9. Oriental House of Massage 10. Pandora's 11. Relaxation Plus Massage 12. Relaxation Plus Massage 13. Satin Spa 14. Tokyo Spa 3401-A- North IH35 1910 Guadalupe St. 613 West 29th St. 8004 Research Blvd. 615 West 29th St. 2053 South Lamar Blvd. 603 West Oltorf St. 8601 North IH 35 718 Red River St. 706 East 6th St. 2130 South Congress Ave. 2224 Guadalupe St. 5726 Burnet Rd. 708 East 6th St. 9640 North Lamar Blvd. 2055 South Lamar Blvd. 512 West Stassney Lane 5610 North Lamar Blvd. 1406 South Lamar Blvd. 2906 San Gabriel St. 11044West•Koenig Lane 5520 North Lamar Blvd. 4406 North Lamar Blvd. 3502 North IH 35 403 East Ben White Blvd. 313 East 6th St. 3007 North IH 35 631 West Ben White Blvd. 2716 Guadalupe St. 612 Nueces St. 6735 U.S. 290 East 9601 North IH 35 #104 15. Vickie's Massage 16. Silk Lady Massage 17. New Seoul Korean Massage 18. The Casbah 19. The Chateau 20. Singletons Massage Topless Clubs and Nude Modeling 1. The Crazy Lady 2. The Doll House 3. The Red Rose 4. Honey's 5. Sugar's 6. The Yellow Rose 7. Ladies of the Eighties 8. Adams Nude Modeling Resort 9. French Quarter 10. Burlesque Modeling Studio 11. Pearls Place 3004 Guadalupe St. 92 East Ave. 8312 South Congress 9401-B South IH -35 9401-8 South IH -35 1410 Ulit Studios 3701 North IH35 3615 South Congress 336 East Ben White Blvd. 629 West Ben white Blvd. 404 Highland Mall Blvd. 6528 -North Lamar Blvd. 23014 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 cities 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 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 single adult business? Finally, how does the incidence of crime in these areas compare to crime rates for the City of Austin as a whole? This study collected data for 45 serious criminal offenses, termed Patt 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 Areas. 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 Two 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 4912 N. IH -35 4814 N. IH -35 2053 S. Lamar 2055 S. Lamar Study Area 3 The Pleasure Shoppe 610 W. Oltorf Study Area 4 The Yellow Rose 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. 1 1 1 1 The 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 East 38 1/2 Street. This area was not selected because a large portion of the Study Area is occupied by Concordia Lutheran College, and a 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. ii 1 1 J.� G 1 r `f "c r6, ! MAP 2 STUDY AREA 1 1 ` 1 1 R r �a r 1 r 1 1 1 1 1 MF -4 O / 0/ 000� MUNIC F1 4 8:.ala In fool • jz 0200 j. . LAND USE LEGEND L E 1101111111111 raw • Single Family Multi Family Commarciel Office industrial Public Park Vacant Land Adult Business Site \1 1 1 MAP 3 CONTROL AREA 1 J O • /MF las -!/ / S`F 3 o"o/ /� U� r o. ! /G. •••,„,1 0 -l. r,% I &AI. to F.ot •, / /c D 200 r- /j .`•.r- C' a','� 7,4 � • r� LAND USE 1 [ 1 r ---j / .l LEGEND Single Family Multi Family Commercial Office Industrial Public Park Vacant Land 7 - • y .` 7 O / 7'/ S LR ■ MAP 4 STUDY AREA 2 ;,P SF -3 ` CS a , ;l CS'e_ v • / -� 1f • 1 / • r •1/ Scale in Foot 0 200 / r CS CS tr MF -3 LAND USE LEGEND MF 1111111111111111 L 1 L Single Family Multi Family Commercial Office Industrial Public Park Vacant Land Adult Susin•ss Sit• 2 MAP 5 CONTROL AREA 2 _ I %..#\,44;r11. F.3 • • • " �, o i \ ` • , o " -.\` 0 O f • 0 `CSti�1i ./.. ,f�? /\v X, , c, • :)i //\ 1 \ • • $c&. In F•iit 0 200 •mow LO t ,•I -SF- LAND USE /MF -3 /��'rLR��.•MF F LEGEND 1 Single Family Multi Family Commercial Office Industrial Public Park Vacant Land _R. 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Gf A • MAP 7 CONTROL AREA 3 YY /,./.c. •• /b• CF /;;7. I �/. v I V V ♦ 1 44, 1 11 LO T* •J t. 41, LO 44444 c C I C - i h CtP • LRjMF..� Zt • f ,/" dcs e to in Fool r `.� `' ' / e/` M a zoo .rFi -� 'MF -37 -../ / •�. •, - /' >- LAND LEGEND Single Family Multi Family Commercial Office Industrial Public Park Vacant Land i �. , / MF -3 N. \ c, '- C 0 ` / ^ o�� ",., 0 / / 2. •0 0 r,. `J O 4, ti 0 nom.- MAP 8 STUDY AREA 4 LR ...r • •1• 'CS I / 1 •‘CSi •LI' • •, , ,0 u 1 '♦ ... -...,,, ,,,,,fv)..F--y r„...4,„ ,-,;.,• ,_ ., /4-•. =. /• Cs' ''''''..:',<:::: SCS \,, J1'-A,� • . • ..• .. /. /_ Jtri, , CS / D p S L.CE 1i'S; � ``t• / i ••. . a• •-SF AIL gals in Fast / O 200 / / S: t: D,S r.-. .}: 1• 1 L �rnwr 1 single Family Multi Family Commercial Office Industrial Public Park Vacant Land Adult Business Sit• / MAP 9 CONTROL AREA 4 // ' . / ,.., '',' • s.c, ., li // ., • /1 ' ' - -- • --...•.. . . . / • ,, , ,, ,.... '. s / ,,....-•'"or__ --- , , -, - -3-..c; CS1 , /SF",i . I/ f 1 ' i ' •1 -- • CS j r ,' /1 ' , %.• / / • • • , — 1 .., / , / . ..) / •• k 4 - -. , 'SF -3 , - 1 • - -, • • , / •Ii (MF -3, .. , : it / / s,„, -Z 1 1 f ii' / 1' . s. / / - ,,,:".. , / / - ..%....:,-,, , J' / rff x/jet • I 7 S I • . • • it It 1:,•-4C 't Loi LO (- .., . \ / • • - r*oi :16° • 0 • a • • - / • • 4 • 4, .•-• • • 11%s.* &.1i in Foot 0 200 s-Zoi N.; No / "%.1 . ./ 41% r.4%.. • , / ▪ C S • % / R ppV , c ' c 1 \ ic LAND USE LEGEND 1 1 ' 1 1 MEM rim••••••11 111111111111111111111 L Single Family Multi Family Commercial Office Industrial Public Park Vacant Land / / 'ed./ ..,nd Cont_r.ol Area Chatac.tec istit•s. All of the Study and Control rt, t../..mined to identify similarities. They all ate circular 1,1 ..h.trt! With a 1000 foot t 1ilis, a size of 72.12 acres, and helve uli 1.tc pil,u1.,1 ton and land Ilse c'har.actetistics. The population c ll.tt1te erl:,t is s nE each at.ea wute analyzed using Klock data from the IH81) Census of: Population and Housing. The LOsults are summarized in '1 hits!, 1, •1, and 6. fantl use c httc.lc:tet i si ics are suuunaL t. ed in 'I de!-; 7, 8, 9) ilial 10. Table Agra l Population Chatacterislic:s Ethnicity Study Control v Anglo 69.8 68.0 Black 7.9 10.4 Hispanic 21.5 21.5 other 0.8 0. 1 ATI Composition Under 18 11.0 19.6 18 to 64 80.0 72.7 65 and over 9.0 7.5 Owner Occupancy 17.5 25.5 Ethnicity Anglo Black Hispanic Other Age Composition % Under 18 1 18 to 64 65 and over Owner Occupancy Table 4 Acea 2 Population Characteristics Study 60.9 4.4 33.5 1.2 24.0 62.5 13.5 Control 75.2 6.2 18.0 0.5 20.8 71.2 8.0 34.7 26.7 r 1'.l i'411,111 it 14111 1 hell .1('1Pi is !'!ulirlty ..I:uriy c:,fll_lcrl Ani 1 1 1 1 1 1. 1 Ill.l,k 1 '.1 2.4 111 ".I i 1111 1. 6'I . 1. 42.11 01111.1 6.1 0 Ate., 4 lnnlnlsil i1Il % Under 113 40.1 25.1 113 to 64 51.6 69.A n 65 and duet 11.3 5..1 3; Owner Occupancy 27.9 48.9 Table 6 Ar 7 4 ropnlation f') I.rIcterintir.r, Ethnicity • :Andy CuliI r(?l Anglo 114.4 72.8 Rliu.k 2.S 7.5 111wnilic: 1.2.4 19.'1 Other 0.1 5.3 A,lr' Coiupuition Undo r 1.8 18 1..1) 64 615 and over Owner Occupancy 1 ri. 1 69.1 14.5 36.2 `cal)le --7 Area 1 Existinri Land Use (in 1cLes) 2.i.R 0.5 5.7 21.0 Study.:. Conttr) . Single Family 14.1 18.9 Multi -Family 3.0 1.5 c_ciunrercial 11.9 9./ r>Efice 0.3 2.2 Industrial r'iblic 3.9 4.4 rarkland -- - vacant 1.6 0.7 Roads 37.3 34.7 Table 8 Atc:i; 2 .xis,t i►n] Land Use (in actes) Study 1irlle 22.2 t l t t -Fame ly 1.6 inti:,u r'i,+{ i.2 t i c• 0,8 I�i�l+ustcicil Public 1.2 Paikland — Vacant 5.1 Pr,arts 18.0 Control 24.6 1.7 23.3 2.0 17.5 'eagle 9 Ateas 3 Existing Laivi Use (in acteL.) Study Control Single Family 19.0 34.2 Multi -Family 7.2 9.6 Omntiercial 7.2 '3.6 {iFfice 0.1 0.4 rndustrial - - Public 9.3 8.2 Parkland 6.6 Vacant 8.0 4.2 1.uauls 14.7 9.9 Sinvle Fancily Multi -Family Commercial Office inlw;ti ial Public Parkland Vacant Roads Table l0 Aieds 4 Existing Lard Use (in acres? S tudy 25.1 2.3 26.6 1.1 1.6 15.4 Control 22.7 4.9 15.8 5.1 2.3 0.4 3.7 17.2 Results The crime rates calculated for each Study and Control Area and for the city at large are indicated in Table 11. Table 11 Average Annual Crime Rates (per 1000 population?' Part 1 Crime Rate Sex Related Crime Rate Study Area 1 Control Area 1 181.82 8.72 320.65 2.17 Study Area 2 Control Area 2 552.54 13.56 96.69 2.48 Study Area 3 Control Area 3 128.59 4.97 69.60 2.37 Study Area 4 Control Area 4 185.77 7.91 133.41 1.84 City of Austin 83.14 2.81 All Control Areas 132.23 2.21 23 t clysis of Table 11 reveals a definite pattern concerning sex-related lou; rales. Sex related crimes rates in Control Areas are ,,iv istently low, ranging from 65e to 88% of the city-wide average. In contrast, sex Lelated crime rates in the Study Areas are .,Iihstantially higher than the city-wide average, ranging from 177% to 462% higher. The sex related crime rates for Study contain two adult business sites, are higher i and 4, which each contain one adult consolidates the clime rates for Study Areas and 4. This analysis indicates that the areas having more than one adult business than in areas having only one adult business Areas 1 and 2, which each than those in Study Areas business site. Table 12 1 and 2 and Study Areas 3 sex related crime rate in site is 66 percent higher site: Tab ,„ 12 Combined Average Annual Crime Rates Study Areas 1 & 2 Control Areas 1 & 2 Study Areas 3 & 4 Control Areas 3 & 4 Part I Crime -Rate 231.42 Sex Related Crime Rate 10.02 193.43 2.35 159.70 6.02 97.44 2.21 Real Estate Impcts Methodol. 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 Ault 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 Mock 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 Ly 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 summarizes the results of the questionnaire regarding the effect of other commercial uses on property values. TcthlP 13 The Effect of Adult Businesses on Property Values in Austin, Texas R»sider►tal Proppe r ty One Block Radius C< tIdIV t cial Property One Block Radius Residential Property Three Block Radius Commercial Property Three Block Radius Decrease Nu Change _1 to 10% 120 31% 31% 30% 41% 28% 591 30% Decrease Decrease 10 to 20% 20% ur more 26% 31% 33% 6% 26% 5% 9% 2% The tabulated responses in Table 13 indicate that a substantial majority (88%) of those surveyed felt that an arh.tlt book store would have a negative effect on residential property located within one block. Of these, 31 percent felt that value would decrease by more than 20 percent. A majority (69%) 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. 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 (59b) indicated that residential property located three blocks from the bookstore would decline in value, only 5 percent felt the decline would he (neater than 20 percent and over 40 percent felt that there would be no change in value at this distance. The majority of respondents (59%) felt that there would be no change in value of commercial property located three blocks from the adult bookstore site. Table 14 The Effect of Commercial Businesses on Residential Property Values in Austin, Texas h'irch Pool stall Welfare Office Neighborhood Tavern Record Store Medical Office Branch [.ibrary oLug Rehabilitation Ice Cream Parlor video Game Parlor Adult Video Arcade Topless Bar Massage Parlor Adult Theater Much Somewhat About Somewhat Much ____Higher Higher The Same [.owerLower 2% 16% 58% 24% 2% 39% 45% 14% 4% 36% 45% 15% 9% 38% 34% 21% 26% 61% 11% 2% 18% 36% 41% 6% 21% 40% 33% 6% -- 2% 22% 48% 28% 6% 42% 46% 6% 16% 53% 31% 4% 27% 28% 42% 19% 23% 58% 19% 23% 58% 23% 21% 56% The survey also asked respondents to indicate the effect on 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 95% financing available for these properties. S-•. .:11 rerlw,ndonts indicated that "pride nE ownership" has an inFl ; tant influence on pr:opetty values. when Ladies ate enc:outdged 1',nve a residential area or discouraged from locating in a pac t ,c:alar area due to the existence of an adult business nearby, a trail ,ition f tum a family-oriented, owner -occupied neighbothood to a more transient, renter -occupied neighborhood may result. 'Phis 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 wnun'2rrtecE 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 engaged in neighborhood trade. one respondent commented that adult entertainment businesses tend to drive out residential or commercial uses. 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 CEEARACTERISTICS The use of zoning authority to regulate the locations of adult businesses implies that these businesses will be limited to certain zoning districts. In order to make appropriate recommendations for assignment -of these businesses to specific zoning districts, an understanding of their trade area characteristics is important. Specifically, it is useful to know if a substantial portion of the adult businesses clientele is drawn from the immediate neighborhood or from a larger regional area. Methodology 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. 1 •.t;11 .r r' • • •ie' • M+:; •• • .... GI• • 1R� it Z7 MAP1O Adult Business Trade Area Southold' Mows 2043 So. Lamar t31vd. Austin Arse Business Patron Out of Town Businsss Pstrons Bryan. TE Ssitbvilln. TX Houston, TX San Koreas, TX pt. Worth. Tx Katy. TI v L /T111 -11-/r1 I IV MAP 11 CINEMA WEST 2130 SOUTH CONGRESS • Austin Area Business Patron Out Of Town Business Patrons San Miran, Tx. A Lockhort, Tx. Allaistrop, Tx. ASoft Antonio, Tx. A Lanennear. Tx. ANotieten. Tx. /11-.47E1 &NI .11 1_14: .11 A t • • It` „AK it • 7 —/ - . I MAP 12 10 YELLOW ROSE eine NO. LAMAR * Austin Area Business Patron Out Of Town Bushman Patrons *Waco. TX. *Manor, Tx. " :. Giddings, Ti. HorganT. dZ. *Midland, Tx. *lianas. Tx. *larnington, Tx. *Cedar Park. Tx. * Liberty 1Iit1 T. *Dale. Ta. *Bertram tn. 30 •lisiton. Tx. •rriendowood. Tx. **Sas Antonio, Tx. *Corpus Christi, Tx *Pt. Arthur. T. *Garland, Tx. *Pittsburgh, Ps. *Houston. Tx. •111sin. *Round Rock. Tx. *Dal Pals. T. )1 1 V A Three adult business sites were examined; an adult -theater, an adult bookstore, and a topless bar. Due to study constraints, observation of these sites was limited to a single weekend night. It is believed, however, that the results of this examination reflect a reasonably accurate 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 map legend. Maps 10,11, and 12 illustrate the residences of observed 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. Almost 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 Adult Theater Adult Bookstore Topless Bar Within Austin 8 4 34 Outside of Austin 6 7 23 Total 14 11 57 M 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 ane adult business were found to be 66% higher than Study Areas with one adult business.-- B. usiness.—` 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 area characteristics of adult businesses revealed that they tended to attract a regional rather than local clientle. This finding suggests that such uses should be restricted to regionally oriented commercial zone districts. These districts are usually located along heavily traveled streets such as arterials and interstate highways, and are not normally near single-family neighborhoods. Commercial zone districts that are designed for a regional orientation include CBD, OM, CH, CS and CS -1 and to a lesser extent, the GR, L, MI, and LI zone districts. The assignment of proper zone districts must also consider the type of achpit business. Adult Entertainment Businesses, (including bui' stores, theaters, and film stores) represent a form of free speech which is protected by the First Amendment. Regulation of these uses must not unduly restrict andedom of modelingpeech. Adult studiosare notvasesensitiveeto such as massagepa pa Fist 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, DMU, 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 surrounding neighborhoods. Unlike traditional zone district regulations, conditional use permits require site plan review, thus affording additional analysis and control. 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 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. 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, DMu, CS and CS -1 zone districts. See Table 16 for a summary of these recommendations. Table 16 Zoning Summary GR L CBD DMU CS CS -1 CH MI LI Adult Entertainment Businesses C C P C P P P C C Adult Service Businesses. - CPCCCP - - c - conditional Use P — Permitted Use ntspersion 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 ordinanee 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 90% 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 recommended 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. 140 Appendix A An -lysis of Adult Businers Studies in Indianapolis, Indiana and Los I.nyeles, California. A. INDIANAPOLIS, INDIANA In February, 1984, the Division of Planning in Indianapolis published a report entitled Adult Entertainment Businesses in Indianapolis: An Analysis. This report contained the results of an evaluation of the 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. 7( ,al Estate Impacts •:ethodology. The Indianapolis report also evaluated the impact of Ault businesses on property values. The report approached the ,.valuation 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 :eel 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 rquthedebyylththe iFFederal solicited e Mortgage Disclosure Act. The second part of 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 appraisersd iwinthethe e MAI (Member Appraisal Institute) designation, 4ho 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 regardinghe 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 (rereentilg ing the performance of the market at a broader scale).Second, residential listing activity declined 52 percent in the Control l Areas eas and 80 percent in Center Township, in the Study _Area 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 tthatthere is s a negative ve impact on residential and commercial property rt pe Y u 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. 3. The 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 No change Incorease Increase 20%20% or 10 to 1 to 10%1 20% o more 20% 10% Residential Property One Block Radius 20% National 0.0 Survey 21.3 24.5 34.1 20.1 0.0. 100% MSA Survey 19.0 25.4 33.6 21.1 0.9 0.0 Commercial Property One Block Radius 20% National Survey 10.0 19.3 42.6 28.1 0.0 0.0 100% MSA0.4 Survey 9.5 20.3 39.9 29.9 0.9 Residential Property Three Block Radius 20% National Survey 1.6 9.3 25.4 63.3 0.4 0.0 100% PISA Survey 2.6 7.8 28.9 60.3 0.4 0.0 Commercial Property Three Block Radius 20% National Survey 0.8 5.2 16.5 76.6 0.8 0.0 100% MSA0.0 Survey 2.2 3.9 16.8 75.9 1.3 Vi(? Indianapolis appraiser survey included a question designed to help t.tablish the basis for their opinions regarding the degree to which r,iult 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. 9. LOS ANGELES, CALIFORNIA In June, 1977 the Department of City Planning of the City of Los Angeles published a report entitled Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles. The study includes an evaluation of the impact of adult businesses on both crime rates and property values. Incidence of Crime Methodology. The City's study evaluated the impact of adult businesses on criminal activity by comparing crime rates in Hollywood to crime rates for the city. Hollywood was selected as a study area because of its high concentration of adult businesses. The study focused on the years 1969 to 1975, during which time adult businesses in Hollywood proliferated from 11 to 88 establishments. Rt.s?iits. The City's study monitored trends in Part 1 crimes. Part 1 Lt.s include homicide, rape, aggravated assault, robbery, burglary, 1asrr'ny, and vehicle theft. The number of reported incidents of Part 1 rimes in the Hollywood area increased 7.6 percent from 1969 to 1975. This was nearly double the citywide average increase of 4.2 p L.:ent 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 1970 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. Th; second approach of the study used survey questionnaires to suf ;ectively establish the impact of adult businesses on surrounding ��•dientiai and commercial properties. Two questionnaires were influred. The first questionnaire was distributed to all members of thy- 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 decrease the market value of business vicinity of such establishments. 2. 67.9% felt that the concentration of decrease the rental value of business 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. adult businesses would property located in the adult businesses would property located in the 5. 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. R-pondents to the appraisers' survey commented that the adverse «:7ects are related to the degree of concentration and the type of business. They indicated that one free standing adult business m.,' have no effect. A few comments indicated that property values and h'!siness 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 that adult entertainment establishments had a negative effect on the 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 homes 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). 5. Deters patronage from women and families. 6. Generally reduces business patronage. Respondents emphasized their concerns about the high incidence of 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 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 Theft 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 Auto Theft Attempted Auto Theft Unauthorized use of a vehicle Sex Related Crimes Sexual Assault Attempted Sexual Assault Aggravated Sexual Assault 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 Attempted Sexual Abuse of a Child indecency with a Child Incest Solicitation i 1 1 1 1 i 1 1 1 1 1 1 1 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 MF -3 .94 1.93 1.38 7.88 2.64 1.03 1.00 MF -4 .28 2.69 MF -S LO 4.47 1.45 .57 1.17 2.72 1.02 GO .43 CS 13.90 15.88 26.54 13.06 10.31 1.21 13.16 24.99 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 LA .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 72.12 72.12 72.12 72.12 72.12 72.11 72.12 Ziplaaa Gid . qI7 56 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. • October 23, 1991 Table of Contents I. Introduction and Executive Summary 1 II. Legal Requirements For Controlling Adult Entertainment Businesses 7 III. Crime in Garden Grove, 1981.1990 17 Figure 1 Table 1 Figure 2 Figure 3 17.1 18.1 19.1-2 20.1 W. The Impacted Area and the Public Safety Hazard 22 Table 2 23.1 V. Quasi -Experimental Contrasts 25 VI. Survey of Real Estate Professionals 33 VII. Household Survey 39 VIII. Conclusions 47 Appendices Real Estate Survey Frequencies A.9 Household Survey Frequencies A.13 Real Estate Instrument Household Instrument Proposed Statute 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 caIIed "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 an Garden Grove Boulevard. After years of experience with these businesses, the Police Department had 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, then needs to be able to show that the ordinance was based on the negative secondary effects such bines 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 3 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 bus busiriesses, 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 s+o, 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 4 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, 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 tomeasure the relevant distances for a subset of 34,079 crimes to within 40 feet of the actual occuzrence 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 5 Consultants' Final Report - Page 4 • 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 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. • 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 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-timiy residential Pte% • Real estate profess opals antedate the close proximity of adult business with increased cie and other negative impacts on the quality of the neighborhood. During the 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 density and acme, there is no reason to charge the curratt 1000 foot minimum spacing requirement besween two adult businesses. • Given the serious public safety hazard, no adult business should operate within 1400 feet of a residence • Where feasible, the Conditional Use Permit process should be used to ameliorate the public safety hazard. For optimal electiveness, the Police Deperanent must be fulls involved in evrsy aspect of this process. • Given the interaction effect no town should be allowed to operate within 1000 feet of an adult business and vice vasa. • The evidence ckarly supports the current city ordinance in dernonszrating the presence of negative secondary effects associated with location and density of adult businesses as required by currant federal and state case law. 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 aur analyses of crime patterns in Garden Grove and two related opinion surveys. 2 Consultants' Final Report - Page 7 II. Legal Requirements For Controlling Adult Businesses The Iegal 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 other 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 Commitsion o n Obscenity and Pornography (Banton Books, 1970. 2 See D.A. Downs, The New Politics of Pornography (University of Chicago Press 1989). ' 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). 9 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 large, 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.i 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 441. ' The New York Obscenity Project'AnEmpirical y Is to the Effects of Mailer v. California on the Control of Obscenity", New rot* University Law Review 52:843 (1977). ' R.E. Riggs, "Miller v. California Revisited: An Empirical Note,* Brigham Young University Law Review 2:247 (1981). a See generally Douai, supra, note 2 at 20. id Consultants' Final Report - Page 9 anti -discrimination statutes was first tried by Minneapolis' but has failed to catch on in general.° However, many municipalities have been very successful in regulating where pornographic businesses and adult entertainment businesses can Iocate 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.'1 In Boston, adult entertainment businesses had been unofficially concentrated in a specific area of the city for many years— .12 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 Minneapolis Code of Ordinances (IMO), Title 7, ch. 139.20, sec. 3, sub& (gg), See Downs note 2. 11 For a general discussion of these two approaches see Planning g Cone eee of the Los Angeles City Cowell Study of the Effects of the Concentroarion of Adult Eruerrafr,nent Eszablishusentr In the City of Las Angeks, Los Angeles City Planning Department (June, 1977) (Hereinafter LA Study). 12 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. Vere has been some question as to the effectiveness of this regulatory approach, as the LA Study observed: 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 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." 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' 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 subaegndy upheld by the Supreme Court as n Id:, at 9. i2 Consultants' Final Report - Page 12 such zoning laws. In Renton v. Playtime Theatres, Inc.' 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 secobdary effects, to whether the zoning statute eliminates the possibility of any adult byes within the jurisdiction of the municipality. It is the first factor this report is primarily concerned with." In the Mini nearer case the Detroit Common Council made a finding that adult businesses are especially injurious to a 20 475 U.S. 41 (1986)(Hezeinafter Renton). " Even if an ordinance were enacted fior the proper reasons the cont sail must determine whether the ordinance mold effectively prevent any operation of an adult business within the municipality's jurisdiction, see Wabua Prnpertia, 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 11 constitutional in Young v. American Mini Theatres, Inc.'4 This model has been adopted by numerous cities including Los Angeles and twelve other Southern California cities for controlling adult businesses." While the dispersal model has been found constitutionally valid, several subsequent court decisions have limited the way in which municipalities can adopt J4 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 Rauon, "Cities may regulate adult theaters by dispersing them, as in Detroit, or by effectively concentrating them, as in Rexton "(infra note 16 at 52). " The best single source for information on this topic is the Los Angeles City Council Planning Committee. According to the LA Study: Locally, the cities of Bellflower and Norwalk have enacted ordinances requiring adult bookstores and theaters to obtain a conditional me permit. As a part of their study the City of Bellgov er surveyed over 90 cities in Southern California to determine haw other cities were controlling adult bookstores. Of the cities which responded to the Bellflower surrey, 12 require a conditional use permit for are bookstores. 'T'be co iditicas 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). 1�i 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.' 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 band, 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 Renton" the Supreme Court upheld an ordinance without benefit of an independent analysis. 1" Mfrii 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 alt to imagine that only a single showing eves, or only oue in a year, would have any meaningful secondary effects." Tollit, Inc v. San Bernardino County 827 F.2d 1329,1333 (9th Cir. 1987). m 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 [Northam' 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.n21 The Los Angeles City Planning .Department conducted a study of secondary effects in 1977,22 to support a spacing ordinance similar to the Detroit dispersal model. Since Garden Grove's ordinance follows the same model it may have been legally sufficient for the City of Garden Grove to rely on the Los Angeles study. However, the Los Angeles study is 19 years old and it could be gritted that because of its size, population structure, real estate market, and other municipal characteristics, Loo Ales is not a good comparison city for Garden Grove. Like the LA Samy2' this analysis relies on a multimethodological approach to analyze secondary effects associated with the location of adult businesses. Both an analysis of aisle rains and surveys were conducted to analyte secondary effects 2' Reston, id., 473 U.S. 41 at 51-52. 23 See LA Study supra note 13 Supra note 11. `ke Consultants' Final Report • Page 1S 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 had a large concentration of adult businesses during the period studied, November 1975 and December 1976) to the rest of the city." This analysis did show there was an increase in both Part I" and Part IIS 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 Grave is not very similar to Hollywood, either in municipal character, or concentration and type of adult businesses? More Z' The analysis presented in the LA Study was taken from a report prepared by the Los Angeles City Police Department, The Impact of Sa Oriented Businessa on the Police Psobkrns in the City of Los Angeles. 23 Part I crises include homicide, rape aggravated assault, robbery, burglary, larceny, and vehicle theft " Part II crimes imchade other assaults, forgery and counterfeiting, embezzlement and fraud, stolen property, prostitution, narcotics, liquor law violations, gam, and other miscellaneous misdemeanors. " 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. 7 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 L4 Study also presents the analyses of two questionnaires, o®e 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 located near each other. Both of these issues are important aspects of the Camden Grave ordinance. a See Appendix for the Garden Grove ordinance. Consultants' Final Report • Page 17 III. Crime In Garden 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 Iess 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 grate 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� Consultants' Final Report - Page 17.1 Figure 1 - Distribution of Crimes in Garden Grove, 1981-1990 Total Crime Part 1 Personal C.,q, 9353 Part 11 Put It Um 2E3S Part 1 Property 20 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 Personalcrimes, 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." 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, $' 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, Garden Grove is expected to have a higher crime rate than a city whose police department is structured along more traditional lines. 21 Consultants' Final Raport - 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 6.6 653 567.2 489.5 3651. 6649. 796. Berkeley 10.6 41.6 638.7 435.5 2836. 7971. 841. Concord 2.9 27.9 102.2 2.583 1376. 4076. 430. Fremont 2.3 2.5.8 652 3721 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 38.1 323.2 293.6 2139. 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 1126 12362 630.8 2417. 2586. 1660. Modesto 4.7 52.4 187.0 276.7 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 27.2 77.9 100.4 759. 2544. 245. Torrance 3.1 28.5 254.9 202.5 1150. 3024. 865. Source: Uniform Crime Reports, 1985 ZZ 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, 1981-1990.3° 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 amtined 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 lime. Although this phenomenon has been widely reported by statisticians since the early 19th century, it is not well e Since these are crime totals (not crime rats), 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. 23 Consultants' final Report • Pale 19.1 Figure 2 • Annual Crime Trends in Garden Grove, 1981.1990 ✓ e • e _ a 1 s :L E'. 1. z cb Cb z 2)4 Figure 2 - Annual Crime Trends in Garden Grove, 1981-1990 TION..... . Annual Crime Trends Auto Theft • • N M M M M M IS M M M Sex les l_J— 4.- -A. -J N .. M N 01 NI M M .. M aft Off 01111 Oft Off ✓ n .r. O ff 414 .a Conder N M M N M II Of M M M Drugs Ona.. s.. ..J -_4_...w._..... N M M 041 M M Of 44 M 110 Weapon M M M N N M M IS M M M MMM 1111 M M M M M 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 crime rates to the operation of adult businesses. Although we report effects for Part II crimes in subsequent analyses, the only internally valid effects are for Part I crimes. Figure 3 shows another type of trend. Fining 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 hely to occur on weekends. "Ilea basis for this pattern is well established in theory: crimes occur when the o ty is made 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 210 Consultants' Final Report - Page 20.1 Figure 3 • Crimes Weekday in Garden Grove, 1981-1990 0 N 1 'satin 'P'M 0 0 8 0 8 0 0 • 0 0 0 -0 .a. -0 CD CD -0 3 0 CD 0 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 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 bolds 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, finding 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 11 crime categories. 2`i Consultants' Fnal 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 Racal 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 30 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 Parry House.B fou -Valeo 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 bad ane or more crimes.31 The seven adult business addresses accounted for 239 Personal, 694 Property, and 538 Part II crimes, however, so these seven addressees accounted for 10.5 percent of the Part 1 and 25.5 percent of the Pan II crime on Garden Grove Badevard 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 add with one er 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 *bot spots" are found at the adult buss addresses. Five of the top ten Part II crime "hot spots' are found at the adult 'a Of course, most Garden Grove Boulevard addresses had no crimes during 1981- 90. Of these addresses with at least one crime, more than 35 percent had only one crime. 3t Address Consultants' Final Report . Page 23.1 Table 2 - Reported Crimes for Adult Businesses Garden Grove Boulevard Only, 1981-1990 Bookstores/Peepshows Personal Properry Part 1 Parr II N Rank N Rank N Rank N Rank 8192 Garden Grove 16 19 190 5 206 5 160 1 8502 Garden Grove 25 9 93 13 118 11 52 7 8743 Garden Grove 0 7 192 7 217 4 71 8745 Garden Grove 3 91 17 98 20 112 10 70 8751 Garden Grove 12 29 116 7 128 9 94 5 12061 Garden Grove 11 34 98 10 109 15 68 6 12686 Garden Grove 6 57 173 6 179 6 150 2 Address Bars/Taverns Personal Property Pan 1 Parr 11 N Rank N Rank N Rank N Rank 8112 Garden Grove 41 1 94 12 135 8 22 17 8284 Garden Grove 13 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 3� Consultants' Final Report - Page 24 business addresses, but this may be expected. Of course, one can argue that the relationship is noncausal or spurious; that these businesses 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 1 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. 33 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 bad 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 Pan 11 Crimes Control Site Personal Crimes Properry Crimes Pan II Crimes One Year Before 200' 500' 1000' 1 14 28 43 10 46 84 140 21 11 16 43 200' 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?' Also compared to the preceding year, Property crimes within a 1000 foot radius rose signiftcandy. 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 es<traneous variables, a "eoatrol" site was developed from the mean crime counts of the other six adult businesses. While crime rose in the vicinity of the Garden of Edan, hawever, crime remained static at the 'control" site. Accordingly, we attrte the &crones m Personal and Property crimes to the expansion of the adult business. '= Hereafter, unless stated otherwise, a significant effect will imply a probability of .01 or less. 3�S Consultants' Final Report - Page 27 2) In March, 1986, the Bijou opened at its present location, 8745 Garden Grove Boulevard. Since the Party Hasse 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: Test Site Personal Crimes Property Crimes Pan II Crimes Control Site Personal Crimes Properly Crimes Pan II Crimes One Year Before 200' 500' 1000' 2 7 21 30 3 19 94 116 13 14 43 70 200' 500' 1000' 2 10 30 42 19 49 76 144 24 13 2S 62 One Year After 200' 500' 1000' 6 11 30 47 11 40 113 164 S 13 42 63 200' 500' 1000' 1 11 31 43 20 60 17 147 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 Since no similar effect was observed at a "contror 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 Ramal Censer evicted at 8743 Garden Grove Boulevard. Since the Parry House and Bijou were already in operation, this opening too is treated as an expansion. The before/after and test/control contrasts 3e for this change are: Test Site Personal Crimes Property Crirnes Pan 11 Crirner Control Site Personal Crimes Property Crimes Pan 11 Crimes Consultants' Final Report - Page 28 One Year Before 200' 500' 1000' One Year Alter 200' SOO' 1000' 0 10 51 61 4 15 46 65 3 19 67 89 6 25 60 91 11 13 16 40 34 11 25 70 200' 500' 1000' 200' 500' 1000' 1 13 49 63 1 11 54 66 5 22 74 101 4 24 68 96 9 17 22 48 28 13 20 61 In the following year, Personal crime rose significantly within a 500 -foot radius, Property crime rose significantly within a 200 -foot radius, and Part I1 crimes rose significantly within a 200 -foot radius (which is to say, at the Parry House Bijou- Viideo Preview Rental Center complex. No increases were observed at a "contror site developed from the mean crime counts of four other adult businesses. The consistent pattern of effects in these three cases demonstrates that the adult businesses are indeed a public safety hazard as the data presented in the preceding section suggest. Given the nature of the operational changes in these three cases, furthermore, it appears that any expansion of an adult business will have the same effect. In light of the potentially large area of the bard and the predatory nature of the crimes associated with the hazard, we recommend that no new adult businesses be allowed to operate within 1000 feet of a residential area. Of course, virtually any increase in economic or social activity might be • 57 Consultants' Final Report - Page 29 expected to produce some increase in crime (though perhaps not so large an increase as was observed in these three cases). When an increase in crime can be attributed to a specific economic or social activity, it is reasonable to expect the responsible parties to take steps designed to ameliorate the problem. In one instance where an adult business acted to ameliorate a nuisance, however, the act had no impact on crime. 4) In September, 1988, the City installed a blockade in the alley immediately to the west of the Adult (8502 Garden Grove Boulevard) to prevent "cruising." While . the blockade undoubtedly accomplished this intended purpose, there was no significant effect on Personal, Property, or Part II crimes in the vicinity of the Adult. The before/after contrasts for this change are: One Year Before One Year After Test Site 200' S00' 1000' 200' 500' 1000' Personal Crimes Property Crimes Part II Crimes 2 13 26 '41 2 11 21 34 3 19 67 89 6 25 60 91 11 • 13 16 40 34 11 25 70 Although this simple architectural device bad no significant impact on crime, there . are undoubtedly many positive steps that an adult business can take to reduce crime in its vicinity. Since to oar la owiedge, no such steps were taken during 1981-1990, we cannot speak with authority on the likely effectiveness of the various • 356 Consultants' Final Report ® Page 30 amelioration strategies." 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 Pan 11 Crimes Control Slte Personal Crimes Property Crimes Part u Crirnes One Year Before 200' S00' 1000' 0 1 9 29 4 2 12 13 56 94 7 13 200' 500' 1000' • 0 1 14 15 4 12 45 '61 4 8 7 19 One Year After 200' 500' 1000' 2 8 7 41 2 9 35 45 62 110 11 22 200' 500' 1000' 0 2 2 19 5 9 14 16 51 72 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 Grave 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: Test Site Personal Crimes Property Crimes Pan II Crimes Control Site Personal Crimes Property Crimes Part II Gimes One Year Before 200' 500' 1000' 2 9 13 24 4 15 29 48 13 22 8 43 200' 500' 1000'. 0 2 5 11 7 8 12 14 39 . SS 7 22 One Year After 200' 500' 1000' 2 5 80 13 19 26 9 26 39 63 5 111 200' SOO' .1000' 1 1 14 16 .3 13 44 60 7 8 13 2S 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 11 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 Part I1 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. q Consultants' Final Report • Page 33 VI. Survey of Real Estate Professionals Following the research model of the LA Study, an analysis of real estate professionals was conducted to determine the prevailing professional opinion of the secondary effects produced by presence of adult businesses." 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 chldren, 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 seat out, 30 were returned with incorrect addresses The remaining sample of 924 resulted in a return of 141 completed questionnaires. Of these 141, " See the Appendix for a copy of the questionnaire instrument and a complete tabulation of responses. 4- Consultants' Final Report • Page 34 19 where eliminated because of response bias." 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 impact on property values by adult businesses. When adult businesses are Located 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 answer* the questionnaire in a regxmalsks fashion would not strongly agree with both a negativesaes ent of adult businesses and a positive assessment of adult businesses. " This gives a response rate of 122/924 or 13.2%. This is somewhat Iowa than the response rate for the LA Study of 811400 or 20% (p. 38). However, that report makes no mention of correction for response bias. If the 19 returned questionnaires that were eliminated for response bias had been included in the analysis, the response rate would have been 141/924 or 15.3%. 9-3 Consultants' Final Report - Page 35 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: Decrease No Efecr 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. The 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: prase No Effect Increase Single-family 893% 9.896 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 4'4 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 responses 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% 6L9% 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 Li Consultants' Final Report • Page 37 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% 6396 8LZ% 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 impact 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." Closer analysis of response patterns reveals that respondents who felt adult buses produce a decrease in property values also are likely to respond that these businesses have a negative effect co: a neighborhood. One of the strongest associations was between decreased property values and increased crane. This is consistent with our analysis " See for exampie the LA Report. 4 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 properry values and decreased quality of neighborhood for both residential and commercial areas. A' LIJ Consultants' Final Report - Page 39 VIL 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 1991.3° 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 neatly 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 ss 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 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 "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 number spoke English. 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 in the sample of completed interviews was: 200 Feet/I Block 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 Iocated 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. 50 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: 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% L8% Safety 3L9% 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% 222% 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 neighborhoods. 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_ respondents (61.2%) indicated that they maid ("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 • SI 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% Support 13 11.0% 11.0% Neutral 4 3.4% 3.4% Oppose 6 3.1% 3.1% Strongly Oppose 3 2.3% 2.5% Regulatory initiatives designed to reduce the density of adult businesses, on the 52, 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 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 Deirences. Due to the overwhelming degree of support for almost any regulatory initiative and, also, due to the relatively small sample size, few 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 mase 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, 53 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.`° 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: OW?? Rent Women Men Move Yes 52 17 69 43 27 70 Move No 28 17 4S 20 25 4S 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 fan away front adult businesses (76.596 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. 5`I 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.i0 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 Renu Women Men Move Yes 52 17 69 43 27 70 Move No 28 17 45 20 25 45 80 34 114 0 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 sadistically significant. In contrast, the difference for women (vs men) is quite significant. Respondents wbo expressed the opinion that the City should not regulate adult businesses tend to be younger (76.5% under 45) men (64.7%) wbo rent (58.8%). More important, perhaps, these respondents tend to live relatively far away from adult businesses (76.5% at least three block; sway) 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. 5N 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. 5� 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 regulation 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 real 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. Wbereas public hearings might lead one to conclude that actual incidents involving these businesses are rare, our survey results show the opposite; more than one m five responder reported a specific incident related to the operation of adult 5b Consultants' Final Report - Page 48 businesses. This experience Ieads 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 are consistent with objective analyses of crime data. Comparing temporal crime rates before and after changes in the operation of adult businesses, we find strong evidence of a public safety hazard The subjective impressions of Garden Grove residents and real estate professionals have an empirical basis, in other word. Given the seriousness nature of this public safety ha2ard, we recommend that • No new adult businesses should be allowed to operate within 1000 feet of a reridence. 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 :awn t or bar should be allowed to operate within 1000 feat of an adult 1XLS uss and vke vasa 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, furthermore, 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 • Where feasible, the Conditional Use Permit process should be used to am ellorase the public safety hazard. For optimal effecdvesess, 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" when, 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. A final recommendation pertains to public involvement is 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 513 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 any practial regulation may require a process that addresses the experiences and fears of these citizens. Unfortunately, we have no expertise (or even specific insights) to suggest how this might be accomplished. APPENDIX Real Estate Survey Frequencies Household Survey Frequencies Real Estate Instrument Household Instrument Proposed Statute b0 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? 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 ( 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 2S 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 67 54.9 55.4 10-20% Decrease 29 23.8 24.0 0-10% Decrease 19 15.6 15.7 No Effect • 6 4.9 5.0 Missing 1 .8 -.Multiple-family residential 20% Decrease 41 33.6 34.2 10-20% Decrease 36 29.5 30.0 0-10% Decrease 34 27.9 28.3 No Effect 8 6.6 6.7 10-20% Increase 1 .8 .8 Missing 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 51 41.8 41.8 10-20% Decrease 38 31.1 31.1 0-10% Decrease 20 16.4 16.4 No Effect 12 9.8 9.8 0-10% Increase 1 .8 .8 ...Multiple -family residential 20% Decrease 41 33.6 33.6 10-20% Decrease 32 26.2 26.2 0-10% Decrease • 33 27.0 27.0 No Effect 15 12.3 12.3 0-10% Increase 1 .8 .8 ...Commercial 20% Decrease 27 22.1 22.3 10-20% Decrease 27 22.1 22.3 0-10% Decrease 33 27.0 27.3 No Effect 33 27.0 27.3 10-20% Increase 1 .8 .8 Missing 1 .8 (a3 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-I0% 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 Some Decrease6.0 1 .8 .9 Missing 6 4.9 vl Consultants' Final Report - AS ...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 L7 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 33.6 363 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 45 36.9 . 39.1 Some Increase 57 46.7 49.6 No Effect 11 9.0 9.6 Substantial Decrease 2 1.6 1.7 Missing • 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 Increas a 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 2.3 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 Mpg 10 82 ...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 39 32.0 34.5 Substantial Decrease 61 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 ...Cruse 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 Lc) 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 S.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? Substantial 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 Mi sing 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 11 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 Mincing 4 3.3 Would you mind if are contacted you in the future reprding 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 - Al3 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 .13 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 Substantial 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 Substantial Decrease 52 44.1 44.4 Missing 1 .8 ... Property Values Substantial Increase ' 9 7.6 7.7 Some Increase 8 6.8 6.8 No Effect 18 15.3 15.4 Some Decrease 23 19.5 19.7 Substantial Decrease 59 50.0 50.4 Miming 1 .8 ConsultantsFinal 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 ��v 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 th -tablishment of an adult entertainment business within 500 feet of a residential area, .,, .001 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 23 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 1 to 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 Iong 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 Ten Years or Less 30 25.4 25.6 More than Ten Years 52 44.1 44.4 Missing 1 .8 What is your sex? Female 64 542 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' Final 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 College Degree 28 23.7 24.6 Graduate 4 3.4 3.5 Missing 4 3.4 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 Other 3 2.S 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 it • CITY OF GARDEN GROVE ADULT BUSINESS SURVEY CALL SHEETS CASE ID: Phone number: Address: Interviewer date time outcome time/date of callback 2. ...... ....... ........ .........��.�.._....__.__.�_.�. 3. 4. 5. 6. 9. --- 10. General Notes and Problems: Hello, my name is lam an employee with the City of Garden Grove. 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. 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. (Need to confirm that the respondent is a responding from a residence and not a busi- ness. 1f 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? O 200 feet 0 1 block O S00 feet 0 2 blocks • 1000 feet U 3+ blocks a Don't know 2. Which adult entertainment estahli*h,.nt is it? (Prompt respondent for identifying information, it the exact business name, or loca- tion, or general identification) s S. The courts have ruled that cities must provide a puce 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? • Less than 500 feet D 1 block • 500 feet • 1000 feet 2 blocks D 3+ blocks 7. In what zone do you think these types of businesses should be allowed? 1 Residential Commercial D 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 • Support Neutral • Oppose D Strongly oppose 9. Would you support a law that prohibited the concentration of adult entertainment business within 1000 of each other? D Strongly support Support Neutral Oppose O Strongly oppose 10. Are you aware of arty specific incidenta related to adult entertainment businesses in your neighborhood? O No D Yes If yes please explain: 11. Do you own your home or do you rent ? • Own GI Rem Rf 18. Would you like to be notified of any public hearings related to the restriction of adult entertainment businesses in Garden Grove? 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 convect about rhe survey give them the City Manager's Office nwnber 714.741-5101) REAL ESTATE PROFESSIONAL SURVEY ease complete this brief survey and return it to the City of Garden Grove, City Manager's Office, by .arch 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. Now many years have you practiced real estate in the Garden Grove area? Ouestions 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 aduit bookstore. (A "typical" adult bookstore in Garden Grove also contains several "peep show booths.) There 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% 10-205 0-105 Effect 0-10% 10-20% 20t 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 205 10.205 '0-105 Effect 0-105 10-205 205 7. Single-family residential 1 2 3 4 5 6 7 S. Multiple -fully 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. lased 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 205 10-205 0-105 Effect 0-105 10-205 205 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 �3 How would you expect the average values to be affected if the properties are within 200 to 500 feet of the new adult bookstore? Decrease Decrease Decrease No Increase Increase Increas 205 10-205 0.105 Effect 0-105 10-20: 2C1 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 Ouestions 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: Substantial Some NoSome 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 lift 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 i 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 f.5 general duality 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 near businesses 1 2 3 4 5 j. ability of other businesses to attract customers 7 2 3 4 5 Ouestlons 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 Same No Same 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 f. general duality of life 1 2 3 4 5 g. rents 1 2 3 4 h. affect loitering 1 2 3 4 5 • .9. SA 19. If the area is commercial: Substantial Some No Some Substantial Increase Increase Effect .Oec rase 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 9. 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 tMse survey questions? 1326I/1443A 02/04/91 Thank you again for your assistance with this survey. -3- SECTION 9.1.1.05 DEFINITIONS A. PURPOSE The purpose of this Section is to promote consistency and prec sloe 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. B. GENERAL INTERPRETATION The following general interpretations shall apply througnout tnls Section: 1. The word "shall" is is permissive and di 2. In case of any confl any definitions and control. mandatory and not discretionary. The word "may" scretionary. ict or difference in meaning between the text of any illustration or sketch, the text shall 3. Any references in the masculine or feminine genders are interchangeable. 4. Words in the present and future tenses are interchangeable and words in the singular and plural tenses are interchangeable, unless the context clearly indicates otherwise. S. 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 use in the Chapter shall have the following meanings: A ACCESSORY BUILDINGS AND STRUCTURES (NON-RESIDENTIAL): A building, part of a buiiding, or structure. that is incidental or subordinate to the Rain 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 u5e by guests of the occupants. Such quarters are expressly prohibited from containing kitchen facilities or any other area used for the daily preparation of food. S752T/192a {.) 04 ,014 /91 1 1 i 1 U09 4b 1 ADULT ENTERTAINMENT BUSINESSES: Adult entertainment businesses shall be defined as o ows: 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 150) 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 t50) 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 distinguished 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 Introducto Services means any establishment require to o tain a perm pursuant to Chapter 5.55 of the MSunicipal Code. 8. Massage Parlor or Bath House means any establishment required to obtain a permit pursuant to Chapter 5.12 of the Garden Grove !Iilicipal Code where, for any form of consideration or grataitj, 5752Ti1923A (51 0ro massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or arty 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. b. One of the primary purposes of the business ar establ i stoment 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 ar 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 ar 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, 5752 i i 3Z5 . (C) 04/04/91 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 agricuftural 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 we ing, 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 offsite. BILLIARD PARLOR OR POOL HALL: "Billiard parlor" or "pool hall" means a building, 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 perilit under Chapter 5.40.20 of the Municipal Code. BOARDING/LODGING FACILITY: A building containing a dwelling unit where lodging 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 forms 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 und:r this definition. BUILDING HEIGHT: Tae vertical distance measured from the average level of the building site to the uppermost roof point of the structure, excluding chimneys, antennas, architectural appurtenances and similar . featares. 5752T/1929A (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 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 commercial buildings). 2. Interference with residential neighbors' enjoyment of their property due to debris, noise, and vandalism. 3. Higher crime rates in the vicinity of adult businesses. 4. Slighted 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 an 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 cto 8. SPECIFIED SEXUAL ACTIVITIES AND ANATOMICAL AREAS. Pursuant to Section 9.1.1.050, an adult entertainment business is any 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." 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, buttocks or female breast; or e. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or f. Erotic or lewd touching, fondling or other contact with an animal by a human being; or Human excretion, urination, menstruation, vaginal or anal irrigation. +i. 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. g• 4885T/190 7A (32) 04/04/91 ck` 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 entertainment 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 authorized agent may apply to the hearing body for a variance of any locational provisions contained in this Section. The hearing body, after a hears rg, may grant a variance to any locational provision, if the following finrings.are made: 1. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this S3ctiorf 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 Redevelopment Law; and 4885T/1907A (33) 04/acs/3; • i 059 4. That all applicable regulations of this Code will be observed. The procedure for this hearing shall Article 6, Division 2 of the Garden other matters, the same notice requi the City Council, and the same fees Development Services Department shal form for this variance. be the same as that provided in Grove Municipal Code, with, among rements, the same right of appeal to payable by the applicant. The 1 prepare the necessary application E. ADULT MERCHANDISE IN NON -ADULT USE BUSINESS. 1. Definitions. For the purposes of this Part, "adult merchandise" is -577i3717—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 floor 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 display adult 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, ora ow consumption of alcoholic beverages. 4885T/1937A (34) 04/34/91 q 0 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 practice fthe profession, values have opinion ? whether the presence of an adult bookstore affectsresale 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 througI 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 maultiple-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 char'booths.) There 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.) Decreeaes* Decrease Decrease lNo Effect Increase 1020se Increase 2. 4 5 6 7 4. Single-family residential 1 2 4 5 6 7 5. Multiple -family residential 1 2 3 3 4 6 7 6. Commercial 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 No IncreaseIIncrease l0% lemon101Effect 0-10%1b0% � 4 � 6 7 7. Single-family residential 1 2 3 4 5 6 7 8. Multiple -family residential 1 3 2 5 6 7 9. Commercial ASSUME that the now adult bookstore will be located wri thi n 1000 feat of an a xi sti tg adu 1 t bookstore � other adult entertainment use. lased upon your professional experience, how would you expect values of the following types of properties to be affected, if they are less than 200 feet away from the new bookstore? Decrees* Decrease Decrease Ns Increase increase eEffect O 1205 2 10. Single-family residential 1 2 3 4 5 67 11. Multiple -family residential 1 2 3 4 5 6 7 12. Commercial 1 4 5 r. Gtk 19. If the area is coneercial: Substantial Some Mo 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. loiterfng 1 2 3 4 5 1. ability to attract other poSihtsses 1 2 3 4 5 J. ability of other busfnesSes 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.. r. Mow would you expect the average values to be affected if the properties are within 200 to S00 feet of the new adult bookstore? 13. Single-family residential 14. Multiple -family residential 15. Commercial Decrease 20S Decrease Decrease No Increase Increase Increo 10-201 0-105 Effect 0-105 10-205 20: 1 - ] 2 3 4 5 6 7 2 3 4 5 6 7 2 3 4• 5 6 7 Questions 16 and 17: eased upon your professional experience. how would yam evaluate the impact of locating an adult bookstore within 200 feet of an area on the following: 16. 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. l of terf ng 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 children 1 2 3 4 • 5 f. general quality of the business envirenm nt 1 2 3 4 5 g. rents 1 2 3 4 5 h. loitering 1 2 3 4 5 1. ability to attract other new businesses 1 2 3 4 5 J. ability of other businesses To attract cu$to■ers 1 2 3 4 5 Questions 18 and 19: Based on your professional experience. how would you evaluate the tweet of locating two or more adult bookstores within 1000 feet of eats other and within 200 feet of an area on the following: ti is. 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 S f. general quality of 11fe 1 2 3 4 5 g. rents 1 2 3 4 5 h. affect loitering 1 2 3 4 5 -2- CRIME -RELATED SECONDARY EFFECTS OF SEXUALLY -ORIENTED BUSINESSES: REPORT TO THE CITY ATTORNEY Richard McCleary, Ph.D. May 6, 2007 I am a Professor at the University of California, Irvine with appointments in the Departments of Criminology, Environmental Health Science, and Planning. My curriculum vitae is attached to this report. My degrees include a B.S. from the University of Wisconsin and an M.A. and Ph.D. from Northwestern University. I have taught graduate courses in statistics and criminology at the University of California, Irvine; the University of Minnesota; the University of Michigan; the University of New Mexico; Arizona State University; the State University of New York, Albany; and the University of Illinois, Chicago. I have supervised more than two -dozen doctoral students in statistics and/or criminology at these universities. My students hold appointments at major research universities in the U.S. and U.K. My training and experience qualify me as an expert in criminology and statistics. I joined the American Society for Criminology and the American Statistical Association in 1977 and am currently a member of both scholarly societies. My scholarly contributions in these fields have been recognized by awards from Federal and state government agencies and scholarly societies. As an expert in these fields, I have served on Federal and state government task forces and panels and have served on the editorial boards of national peer-reviewed journals. I am the author or co- author of five books more than 70 articles in these fields. Throughout my career, I have applied my expertise in statistics and criminology to the problem of measuring site-specific public safety hazards, especially the hazards associated with sexually -oriented businesses (SOBs). These hazards are also called "ambient crime risks" or "crime -related secondary effects." I have advised local, county, and state governments on these problems for nearly 30 years. I have been deposed or testified in fifteen cases in the last four years. The City of Los Angeles has asked me to review the facts and materials in this suit' and to express opinions on certain issues. Based on my background and research, I have three general opinions: Opinion 1: The criminological theory of ambient crime risk, known as the "routine activity theory," predicts that SOBs have large, significant crime -related secondary effects. The effect is the product of three factors. (1) SOBs draw patrons from wide catchment areas. (2) Because they are disproportionately male, open to vice overtures, reluctant to report victimizations to the police, etc., SOB patrons are "soft" targets. (3) The high density of "soft" targets at the site attracts predatory criminals, including vice purveyors who dabble in crime and criminals who pose as vice purveyor in order to lure or lull potential victims. Opinion 2: In the last thirty years, empirical studies employing a wide range of quasi -experimental designs have found that SOBs have large, significant crime - related secondary effects. ' Alameda Books v. City of Los Angeles. U.S. District Court, Central District of California, Case No. CV 95-7771 CRIME -RELATED SECONDARY EFFECTS - PAGE 2 RICHARD MCCLEARY, PH.D. Opinion 3: Given that strong criminological theory predicts the effect, and given that the prediction is corroborated consistently by the empirical literature, it is a scientific fact that SOBs pose ambient crime risks. In addition to these three general opinions, I have three opinions that are specific to Alameda Books. Opinion 4: Since the theoretical risk factors specified in my first opinion are common to all SOB subclasses, all are expected to pose ambient public safety hazards. The qualitative nature of the hazard may vary by subclass nevertheless. This will occur when the defining characteristic of a subclass creates opportunities for a particular type of crime; or when the characteristic interferes with routine policing strategies. Opinion 5: In this suit, the two relevant subclasses are SOBs that sell video tapes and DVDs for off-site viewing (hereafter, "stand-alone bookstores" or "bookstores") and SOBs that sell video tapes and DVDs for off-site viewing while, also, providing private or semi -private booths for on-site viewing of video tapes and DVDs (hereafter, "combined bookstore -arcade" or "bookstore -arcade"). Although both subclasses have large, significant crime -related secondary effects, there are salient qualitative differences. Compared to stand-alone bookstores, e.g., combined bookstore -arcades pose higher risks for crime. Geo -coded crime incident data for the neighborhoods around 19 Los Angeles SOBs corroborate this theoretical expectation. Opinion 6: Poisson regression analyses of crime incidents in the vicinity of 19 Los Angeles SOBs demonstrate a significant relationship between ambient crime victimization risk and distance from the site. Victimization risk at the site of a combined bookstore -arcade is more than double the risk at the site of a stand- alone bookstore. For both subclasses, victimization risk diminishes rapidly with distance until, at approximately 900 feet, the risks are roughly equal for the two subclasses. In general, victimization risk for bookstore -arcades is more densely concentrated in the immediate vicinity of the site. My report begins with a necessary introduction to the concept of ambient crime risk. The fundamental question in this suit is whether combined SOBs pose lower ambient risks than stand-alone SOBs. Based on my analyses, the answer is, Yes. Readers who are familiar with implicit concepts can skip directly to the results of my analyses in Section 3 below. But most readers will benefit from the following introduction. 1. AMBIENT CRIME RISK Crime "risk" is a novel concept to most readers. To the individual, crime risk is CRIME -RELATED SECONDARY EFFECTS - PAGE 3 RICHARD MCCLEARY, PH.D. synonymous with the annual crime rates reported in the news media. To illustrate, in 2000, the per capita robbery rates for Los Angeles and San Diego were 0.0041 and 0.0014. For purely aesthetic reasons, newspapers report these rates as whole numbers per 1,000 residents. So the Los Angeles and San Diego rates could be expressed identically as 4.1 and 1.4 robberies per 1,000 residents per year. Since per capita rates have practical advantages, however, that metric is preferred. In either the per capita or per 1,000 metric, Los Angeles is nearly three times riskier than San Diego. The risk ratio statistic makes this point: Risk Ratio = 0.0041 / 0.0014 = 2.93 A tourist who spends a week in Los Angeles and a week in San Diego is three times more likely to be robbed in Los Angeles. In either city, of course, the risk is exceedingly low. This point is made clear by the waiting time statistic. In San Diego, a hypothetical average tourist will spend more than 714 years waiting to be robbed: Waiting Time = 1 / 0.0014 714.3 years In Los Angeles, on the other hand, the wait is only 244 years: Waiting Time = 1 / 0.0041 243.9 years The waiting time statistic illustrates one practical advantage of per capita rates; the average waiting time is the inverse of the per capita rate. This relationship depends on simple Poisson assumptions that will be developed at a later point in this report. For now, I will say only that these assumptions may not hold exactly for inter -city comparisons, so these waiting times are rough approximations. Intra -city heterogeneity complicates the per capita crime rate analogy. Put simply, "bad" neighborhoods in low-risk cities are more dangerous to the hypothetical tourist than "good" neighborhoods in high-risk cities. Temporal heterogeneity presents another complication. Since the hypothetical tourist cannot be in two places at the same time, inter -city risk comparisons require imagination. At the smaller geographical scales that are relevant to this suit, however, the effects of both complications vanish. Given a reasonably small area — say, a few city blocks — a simple ambient crime rate captures all the essential features of crime risk. To define the ambient crime rate, divide the area of a city into a large sample of parcels. The division algorithm can be wholly arbitrary or haphazard. The parcels can be trapezoids, squares, circles, or any irregular shape. No two parcels must have the same shape. The only requirement is that each have a calculable surface area. Following the division, wait a fixed CRIME -RELATED SECONDARY EFFECTS - PAGE 4 RICHARD MCCLEARY, PH.D. period -- say, one year — and count the number of crimes that occurred in each of the parcels. If CRIME d denotes the number of crimes that occurred in the dth parcel, then the ambient crime rate for the dth parcel is RATE d = CRIME d / AREA d where AREA d is the surface area of the dth parcel. RATE d is a property of the dth parcel. Unlike the per capita crime rates that we read about in newspapers, this ambient rate has no inevitable consequences for individuals. If RATE d is particularly high, individuals can avoid the risk by avoiding the d`h parcel (and other "bad" neighborhoods). Figure la Here When ambient risk emanates from a point -source, a sensible division algorithm results in a set of concentric circular parcels as shown in Figure la. Noise is a good model of ambient crime risk in many respects. Noise emanates from its point -source in all directions, for instance, and decays rapidly with distance. So does ambient crime risk when it emanates from a source such as, in this instance, an SOB. Like noise, ambient crime risk emanates in all directions and diminishes with distance from the point -source. In the real -word, of course, the orderly emanation process will be distorted by buildings, walls, and other obstacles. If we have a reasonably large sample of point -sources, however, the effects of these obstacles will "average out," revealing the expected ambient risk pattern. Figure lb Here Figure lb illustrates this point for a sample of 19 Los Angeles SOBs. The horizontal axis in Figure lb is calibrated in 50 -foot increments from 50 to 1,100 feet from the SOB address, yielding concentric circular parcels with radii of 50, 100, 150, ..., 1,100 feet. The area of the dth concentric circle is AREA d = 7t (50d) 2 -1t [50(d-1)] 2 for d = 1, 2, 3, ... The vertical axis in Figure lb plots the ambient victimization rate for personal crimes such as homicide, robbery, assault, and so forth. The ambient risk function in Figure lb is the mean (or average) ambient risk for 19 Los Angeles SOBs. On average, these SOBs are the point -sources of ambient crime risk. The ambient risk decays rapidly with distance from the SOB address. Walking toward the address, the hypothetical pedestrian is confronted with exponentially increasing risk; walking away from the address, on the other hand, risk decays. CRIME -RELATED SECONDARY EFFECTS - PAGE 5 RICHARD MCCLEARY, PH.D. Figure lc Here Figure lc plots the same function as a risk ratio. To facilitate interpretation, these risk ratios are standardized by the mean ambient rate of the entire 1,100 -foot circle. Standing within 50 -feet of an SOB, the hypothetical pedestrian's victimization risk is approximately eleven times higher than the neighborhood average. At 300 feet, ambient victimization risk is "only" twice the neighborhood average. After 750 to 850 feet, the difference between the point -source and neighborhood background risks is practically imperceptible. This is not to say that the point - source risk is zero (or that it does not exist); but it is difficult to measure at that distance. It is like noise in that respect. 2. THE Los ANGELES DATA To address the central questions of this suit, data were collected from the City's Department of Building and Safety and from the LAPD. Site visits and interviews were conducted to assess the properties and quality of these data. 2.1 THE STUDY SITE SAMPLE Selecting a sample of SOB sites involves balancing three considerations. First, for purely statistical reasons, the sample should be as large as possible; more sites means greater statistical power. Second, for the same reason, the sample sites should be as homogeneous as possible; extraneous dissimilarities among the sampled sites reduces statistical power. Third, the history of each sampled site must be well characterized. We must know how long each SOB has been operating, i.e., what subclass it belongs to, and so forth. Table 2.1 Here The sample of 20 SOBs listed in Table 2.1 reflects a careful balance of the three considerations. Because the list was compiled by the City's Department of Building and Safety, the history of each site is known. Since the list is limited to stand-alone bookstores and combined bookstore -arcades, it consists of two homogeneous sub -samples. Finally, compared to my experience in other studies, this is a relatively large sample. Although "more data" is always preferred to "less data," the sample proved sufficiently large. Between April, 2006 and the present, the suitability of each of the 20 sites was assessed. The assessment included interne searches and telephone inquiries in many instances and "eyeball" site visits in every instance. This process led to the exclusion of the site (in green) located at 63151/2 Hollywood Boulevard because it was located within a few feet of a live - entertainment SOB. Keeping this site in the sample would have introduced an unnecessary element of heterogeneity. Excluding this site left seven stand-alone bookstores (in blue) and twelve combined bookstore -arcades (in red). CRIME -RELATED SECONDARY EFFECTS - PAGE 6 RICHARD MCCLEARY, PH.D. 2.2 THE CRIME INCIDENT SAMPLE Selecting a sample of crime incidents involves an analogous balancing process. The sample should be as large as possible, e.g., but yet optimally homogeneous, reliable, and interpretable. Each crime incident has several bits of information, including the type of crime, the location, the time of occurrence, and so forth. Since the location of the incident was the most important bit of information, given our study goals, we began (and ended) our search for data at the LAPD's COMPSTAT unit.2 The architecture of the COMPSTAT database supports retrieval of crime incidents by LAPD Reporting Districts. To ensure the completeness of our data, we requested geo-coded crime incident reports for every Reporting District that was located within 1,500 feet of any of the 20 SOBs, beginning January 1, 2001. To comply with an existing policy, COMPSTAT excluded all information on rape cases and stripped unique internal identifiers from each incident record. The unique case identifiers were saved in a separate linkable file held by COMPSTAT. The COMPSTAT file was initially processed with ARCMap 9.0. COMPSTAT latitudes and longitudes were converted to State Plane 9 foot -unit Cartesian co-ordinates. Euclidean distances from crime incidents to SOB sites were computed by the Pythagorean formula. Exploratory analyses suggested that errors in the Euclidean distances were smaller than ten percent. Accordingly, for each site, incidents with distances greater than 1,100 feet were discarded, leaving all incidents in an 1,100 -radius of the sites. The COMPSTAT files described each crime incident with one or more non-exclusive labels drawn from a set of 155. To facilitate analysis, the 155 categories were collapsed into five categories: UCR Part I Personal (Homicide, Aggravated Assault, Robbery, and Rape) UCR Part I Property (Burglary, Larceny, Auto Theft, and Arson) UCR Part II Personal UCR Part II Property All Other Incidents An FBI NIBRS-UCR translation protocol was used to construct the five categories. The translation map and frequency distributions are listed in an appendix. Table 2.2 reports incident totals and subclass means for the five crime categories for each of the 19 sites. Across all sites, the residual "other" category constitutes less than 13 percent of the incidents. 2 Headed by Detective Jeff Gowdown, the COMPSTAT statistical analysis unit collects and disseminates geo-coded crime incidents for planning and budgeting. CRIME -RELATED SECONDARY EFFECTS - PAGE 7 RICHARD MCCLEARY, PH.D. Table 2.2 Here 2.3 CONCLUDING NOTE ON THE SAMPLES Sites and incidents were excluded from the analytic sample strictly on methodological grounds, usually relating to "missing" data. Incidents involving forcible rape are the exception. These incidents were withheld from us in order to comply with an existing LAPD policy. These exclusions appear to have no substantive impact on the results. To confirm this point, models were replicated with and without excluded sites and crime categories. None of these replications produced results that would be inconsistent with or that would lead me to doubt the reported results. 3. STATISTICAL RESULTS To address the central questions in this suit, I conducted a statistical analysis based on the Poisson family of models. The analysis compared the ambient crime risk functions of bookstore - arcades to the ambient risk functions of stand-alone bookstores. The results of this analysis demonstrate that the two SOB subtypes have significantly different patterns of ambient risk. Whereas the ambient crime risk of bookstore -arcades is heavily concentrated near the address, the ambient risk of at stand-alone bookstores is more pervasive. From a theoretical perspective, these differences point to qualitatively different policing strategies. The differences legitimate the view that, compared to stand-alone SOBs, the ambient crime risk for combined SOBs is considerably higher and more serious at the source. 3.1 CRIME AS A POISSON PROCESS In the early 19th Century, French mathematician, S.D. Poisson developed an interest in the scattered distribution of crimes across Paris neighborhoods.' Poisson proposed the probability density function that bears his name to describe the spatial scattering of crime incidents.' Briefly, if x is the number of crimes that occur in a neighborhood (or any other fixed area) during a year (or any other fixed period of time), the probability that exactly k crimes will occur in the Published in 1837 as Recherches sur la probabilite des jugements en matiere criminelle et matiere civile. Although I'm certain that one exists, I couldn't find an English translation on Amazon.com. In any event, the history and technical details are given in F. Haight, Handbook of the Poisson Distribution (John Wiley and Sons, New York 1967). 4 If x is the number of crimes that occur in a fixed area — say, one city block — in a fixed period of time -- say, one year — the probability that exactly k crimes occur on any block in any year is Prob(x=k) = r e'` / k! (for k = 0, 1, 2, ...). The parameter ) (lambda) is the Poisson mean, estimated in the ordinary way. In this instance, since there are 48 crime incidents scattered over 1,210,000 square feet, A, = 48/1,210,000 0.00004 incidents per square foot. CRIME -RELATED SECONDARY EFFECTS - PAGE 8 RICHARD MCCLEARY, PH.D. neighborhood during the next year is given by the Poisson density function, Prob(x = k) = Xk e'` / k! where X is the crime rate To illustrate how this density function works, in 2000, the robbery rate in Los Angeles was X = .0041 per capita robberies Plugging this mean into the Poisson density function, the probability a randomly selected resident of Los Angeles will be robbed in the next year is Prob(x = 0) = (0.0041)° e 0.0041 / 0! 0.99591 In the next year, 99.59 percent of the resident population will not experience a robbery in the next year. The proportion who will experience k=1 robbery is, Prob(x = 1) = (0.0041)1 e 0.0041 / 1! = 0.00408 which, not surprisingly, is the per capita robbery rate. A very small. (and unfortunate) proportion of these cases will experience a second robbery. For k=2 robberies, Prob(x = 2) = (0.0041)2 e °.0041 / 2! 0.00000584 and so forth. Using the same Poisson density function formula, one can calculate the proportion of individuals who experience k = 3, 4, ... robberies. The proportions approach zero rapidly. These probabilities apply to a randomly selected individual who spends one year wandering the streets of Los Angeles. The way think about crime rates, these probabilities are inherently temporal or longitudinal. The same Poisson density function can be used to calculate the probabilities of inherently spatial phenomena, however. To illustrate, the simulated Poisson processes in Figure 3.1 have distributed or scattered 48 crime incidents across virtually identical 1,210,000 square -foot neighborhoods. Although both Poisson distributions were generated with the same crime rate (X=48 crimes/area/year), in terms of their visual appearance, the two distributions are as different as night and day. Figure 3.1 Here The left-hand distribution in Figure 3.1 is completely random.' Crime risk is distributed P.J. Diggle (Statistical Analysis of Spatial Point Patterns, 2' Ed.. Arnold, 2002) uses "complete spatial randomness" as a synonym for "Poisson." The Cartesian (X;, Y) co-ordinates CRIME -RELATED SECONDARY EFFECTS - PAGE 9 RICHARD MCCLEARY, PH.D. evenly across the blocks of this neighborhood. The right-hand distribution has the same crime rate but risk emanates from a point -source, hence the name point -source random.' As one moves away from the point -source, risk diminishes exponentially. Spatial distributions of this type rarely arise by chance alone but, in most instances, are generated by point -sources such as SOBs. 3.2 AMBIENT CRIME RISK AS A FUNCTION OF DISTANCE FROM THE SITE Risk -distance relationships (or loosely speaking, functions) long been used to document the ambient crime risks of SOBS.' The model used here is an application of a statistical model that Dr. Mark Stiger and I developed some years ago for a similar problem on an isolated site.' The present model is adapted to multi -site analyses by incorporating appropriate error terms for the sites. The resulting family of models are known, variously, as Poisson hierarchical,9 multi- level,10 or random co -efficient models." At its simplest stage, the model equates the Poisson mean of a parcel with the area of the parcel and, hypothetically, with the distance of the parcel from the SOB. To implement this simplest model, select any of the 19 SOBs and construct 22 concentric circles (see Figure la) with radii of 50, 100, 150, ..., 1,100 feet from the address. The number of crime incidents in the VI concentric parcel — and hence, the Poisson mean — is a function of the area of the parcel and, hypothetically, the distance of the parcel from the SOB site. That is, of the i`h completely random crime were drawn from a uniform distribution of the segment (-6,6). 6 The polar (0;, 6;) co-ordinates of the ith point -source random crime were drawn from a uniform distribution of the segment (0,2TE for 0;) and an exponential distribution of the segment (0,6 for 6). Polar co-ordinates (0;,6;) translate into the Cartesian plane as X; = S; cos(0;) and Y; = 6; sin(0). McPherson, M. and G. Silloway. An Analysis of the Relationship between Adult Entertainment Establishments, Crime, and Housing Values. Minnesota Crime Prevention Center, Inc. October, 1980. e E.g., in "Confirmatory spatial analysis by regressions of a Poisson variable," (Journal of Quantitative Anthropology, 1989, 2:13-38) Mark Stiger and 1 model the spatial distribution of bones at an archaeological site. 9 Bryk, A.S. and S.W. Raudenbush. Hierarchical Linear Models: Applications and Data Analysis Methods. Sage, 2002. 10 Goldstein, H. Multilevel Statistical Models, 2' Ed. Halsted Press, 1995. 11 Longford, N.T. Random Coefficient Models. Oxford University Press, 1993. CRIME -RELATED SECONDARY EFFECTS - PAGE 10 RICHARD MCCLEARY, PH.D. = function (Area , Distance ;) i = 1,..., 22 concentric parcels A log -linear ("link") function is conventionally specified in order to take advantage of maximum likelihood theory.12 Thus, Log (? 1 Area ;) _ 130 +13, Distance ; + i where The stochastic term ti; accounts for the effects of the many small measurement errors that accrue from various sources. Finally, since there are 19 distinct SOB sites, it will be useful to add a second subscript to the simple model. Thus, Log (X;i 1 Area ;) = (30 +13, Distance ; + ij = 1, ..., 19 SOB sites Adding a second subscript allows for (i x j = 22 x 19 =) 418 distinct means. The next step in the model -building process involves incorporating explanatory variables that correspond to systematic sources of variance in the X. Hypothetically, the Poisson mean varies by SOB subclass; bookstore -arcades and bookstores pose qualitatively different ambient risks and, thus, have distinct means. Likewise, as a matter of fact, each of the five crime categories has a distinct mean. Incorporating these two variables into the model, Log (? 1 Area ;j) = 130 +131 Distance +132 Subclass ;j +13, Crime ; + Coding both variables as dichotomous (0,1) indicators allows parameters 132 and 133 to be interpreted as intercepts. More important for our purposes, defining both variables as dichotomous indicators allows for straightforward estimation of subclass interactions with distance and crime categories. Log (? 1 Area ) = 130 +131 Distance ;j + 132 Subclass +133 Crime + y, Subclass ; • Distance + y2 Crime • Distance + tiii Finally, to account for residual site-specific variance, independent of all other considerations, each of the 19 SOBs is allowed to have its own stochastic term. Conceptually, this can be written as Log (u 1 Area ;i) = +13, Distance + 02 Subclass +133 Crime + y, Subclass • Distance ; + y2 Crime • Distance + �n 12 McCullagh, P. and J.A. Nelder. Generalized Linear Models, 2'Edition. Chapman and Hall, 1989. where ; r(U3o,)• CRIME -RELATED SECONDARY EFFECTS - PAGE 11 RICHARD MCCLEARY, PH.D. Table 3.2 Here Parameter estimates from GLLAMM in Stata Version 9.2 are reported in Table 3.2. The columns of this table defined as follows: • The numbers in the column labeled "(3" are the actual regression parameter estimates. Since these numbers are reported in the natural logarithm metric, their substantive interpretation is difficult. • The numbers in the column labeled "s((3)" are the associated standard errors derived from maximum likelihood. The ratio of a P to the corresponding s(13) is used to test the statistical significance of an effect. • The numbers in the column labeled "t(13)" are the ratios of corresponding (3 andt s(P). Under the null hypothesis, absolute values of t(P) larger than 2.0 are statistically significant at the conventional 95 percent confidence level. • The column of numbers labeled "exp(P)" are exponentiated parameter estimates. Whereas a 13 is difficult to interpret, exp(13) is interpreted as the multiplicative effect of the variable. After taking care of a somewhat more important matter, I will explain how to interpret these numbers. Since all (but one) of the t -statistics reported in Table 3.2 are statistically significant, all (but one) of the null hypotheses are rejected at the conventional 95 percent confidence level. This supports two conclusions: • Both subclasses pose large, significant ambient crime risks; both are point -sources of ambient risk. • Nevertheless, the ambient risks of the two subclasses are qualitatively different. To explore the qualitative differences between the two subclasses, the parameter estimates reported in Table 3.2 were used to plot the risk functions in Figures 3.2a -c. Figures 3.2a -c Here Figures 3.2a -c plot the ambient risks by distance for the UCR Personal, Property, and Serious crime categories. In all three figures, the horizontal axis is calibrated in distance from an SOB site in 50 -foot increments. The vertical axes range from zero to 0.0003 and are interpreted as distance -specific Poisson means. CRIME -RELATED SECONDARY EFFECTS - PAGE 12 RICHARD MCCLEARY, PH.D. To illustrate the interpretation of these functions, Figure 3.2a reports the means for UCR Personal crimes within 50 feet of an SOB address as X combined = 0.000138 and X stand-alone = .000038 for the two subclasses. If these rates seem "small," it is because they have been averaged over a circular area with a 50 -foot radius, an area of approximately (50 x 50 x 3.142 =) 7,855 square feet. Multiplying the two rates by 7,855 yields X combined = 1.084 and Xstand-alone = 0.298 These rates apply to the 50 -foot circular parcel. If these rates now seem too "large," it is because they are integrated over the period between January 1st, 2001 and March 7th, 2007, approximately 6.18 years. Dividing X combined and X stand-alone by 6.18, X combined = 0.175 and X stand-alone = 0.048 Plugging, these annual rates into the Poisson density function, the probability that exactly zero UCR Personal crimes will occur within 50 feet the SOB's address of a combined bookstore - arcade is, Prob (k=0) (0.175)° e -(0 175) 10! 0.8394 For the subclass of stand-alone bookstores, in contrast Prob (k=0) = (0.048)° e -(0.048) 0! 0.9531 The complements of these probabilities are interpreted as the probabilities that at least one UCR Personal crime will occur within 50 feet the SOB's address. For combined bookstore -arcades, Prob (k>_ 1) z 1 - 0.8394 z 0.1606 And for stand-alone SOBs, Prob (k>_ 1) z 1 - 0.9531 z 0.0469 In fact, these numbers are very close to what we see in the data. CRIME -RELATED SECONDARY EFFECTS - PAGE 13 RICHARD MCCLEARY, PH.D. Figures 3.2d Here Figure 3.2d plots the risk ratios for the three UCR categories. For UCR Personal, Property, and Serious crime, ambient risk is highest for the subclass of combined bookstore - arcades at any distance from the address. The risk ratio of most pronounced for UCR Personal crimes, however. The rapid decay of the risk ratios with distance from the site can be deceptive. To a large degree, the distance decay reflects the simple fact that, after several hundred feet, ambient risk diminishes rapidly for all SOB subclasses. 4. SUMMARY The findings of my analyses can be summarized succinctly. Regardless of subclass, Los Angeles SOBs are ambient crime risk point -sources. As a hypothetical pedestrian walks toward the site, victimization risk rises; walking away from the site, victimization risk falls. The nature of the ambient risk varies by subclass nevertheless. Compared to stand-alone SOBs, the ambient risk functions of combined SOBs are more acute, quantitatively and qualitatively, nearer the point -source. With respect to separating the subclasses, the difference in ambient risk functions supports the City's ordinance. The perspective of criminological theory supports separating the subclasses of SOBs. Few criminologists would find Figure 3.2d surprising or controversial. To demonstrate this point, I will review the relevant criminological theory of secondary effects. 4.1 THE CRIMINOLOGICAL THEORY OF SECONDARY EFFECTS Adapted to secondary effects phenomena, the routine activity theory of crime13 holds that ambient crime risk is the product of four factors: Targets x Value Ambient Crime Risk = x Offenders Police Presence SOB sites have relatively high ambient crime risks because they attract relatively many targets to their sites; and because, in the eyes of the rational offender, the targets have high values. The 13 This theory is due to L.E. Cohen and M. Felson, Social change and crime rate trends: A routine activity approach. American Sociological Review, 1979, 44:588-608. See also, M. Felson's Crime and Everyday Life, Second Edition (Thousand Oaks, CA: Pine Forge Press, 1998). The routine activity theory that predicts the SOB -crime relationship is one of the most widely tested and accepted theories in modern social science. In 2005 alone, according to the Social Science Citation Index, the 1979 Cohen -Felson article was cited 621 times. In the last 30 years, the routine activity theory of crime risk has been tested thousands of times. Each test has confirmed the theory. CRIME -RELATED SECONDARY EFFECTS - PAGE 14 RICHARD MCCLEARY, PH.D. product of these two risk factors attracts predatory offenders with predictable consequences. Finally, since these offenders are rational, they avoid sites with visible police presence. The rational offenders in this theory move freely from site to site, stopping at sites with high expected values14 and low police presence. They are "professional" criminals in the sense that they lack legitimate means of livelihood and devote substantial time to illegitimate activities. Some are vice purveyors who dabble in crime; others are criminals who use the promise of vice to lure and lull victims. In either case, they view SOB patrons as exceptionally valuable targets. The characteristics that give adult business patrons their high values are inherent to the commercial activities that attracted them to the site. They are disproportionately male and open to vice overtures; they carry cash; but most important of all, when victimized, they are reluctant to involve the police. From the offender's perspective, they make "perfect" victims. The connection between crime and vice has been depicted in popular literature for at least 250 years. John Gay's Beggar's Opera (ca. 1765), e.g., concerns a predatory criminal MacHeath and the vice ring composed of Lucy, Jenny, and Peachum. This popular view is reinforced by the empirical literature on criminal lifestyles and thought processes. In the earliest and best-known empirical study, Clifford R. Shaw describes the daily life of "Stanley," a delinquent who lives with a prostitute and preys on her clients!' Criminological thinking on this point has changed very little in the 75 years since Shaw's The Jack -Roller. To document the rational choices of predatory criminals, Richard Wright and Scott Decker interviewed 86 active armed robbers.16 Asked to describe a perfect victim, all mention a victim who is involved in vice, either as a seller or buyer. Indeed, three of the armed robbers interviewed by Wright and Decker worked as prostitutes: From their perspective, the ideal robbery target was a married man in search of an illicit sexual adventure; he would be disinclined to make a police report for fear of exposing his own deviance (p. 69). 14 If a site has N targets with values v ..., VN, the site's expected value is E(v) = 1/N (v1 + + vN). This is the "average" that an offender would expect to take from a randomly selected victim at the site. 15 Shaw, C.R. The Jack -Roller: A Delinquent Boy's Own Story. University of Chicago Press, 1966 [ 1930]). See also, Snodgrass, J. The Jack -Roller at Seventy. Lexington, MA: Lexington Books, 1982. 16 Wright, R.T. and S.H. Decker. Armed Robbers in Action: Stickups and Street Culture. Northeastern University Press, 1997. CRIME -RELATED SECONDARY EFFECTS - PAGE 15 RICHARD MCCLEARY, PH.D. The rational calculus described by these three prostitute -robbers echoes the descriptions of other professional predators. A synthesis of the extensive literature leads to the conclusion that, from the perspective of the predatory criminal, SOB patrons are high-value targets. Given a choice of SOB sites with roughly equal expected values, rational offenders prefer the site with the lowest level of police presence. One ordinarily thinks of police presence in strictly physical terms. An increase or decrease in the number of police physically at a site reduces ambient risk. But police presence can also be virtual through remote camera surveillance or even the presence of potential witnesses. But whether physical or virtual, the effectiveness of police presence can be affected for better or worse by broadly defined environmental factors. Due to the reduced effectiveness of conventional patrolling after dark, e.g., crime risk rises at night, peaking around the time that taverns close. Darkness has a lesser effect on other policing strategies, of course, and this raises the general principle of optimizing the effectiveness of police presence. One theoretical reason why SOB subclasses might have qualitatively different ambient risks is that they have different optimal policing strategies. 4.2 THE THEORETICAL ROLE OF SUBCLASSES Since all SOB subclasses draw valuable targets to their sites, criminological theory holds that all will have crime -related secondary effects. Nevertheless, if the defining characteristic of a subclass affects any of the risk factors — the number and/or value of the targets at the site, the number of offenders who have pursued targets to the site, or the effectiveness of police presence at the site — criminological theory allows for qualitative differences in ambient crime risk among the subclasses. In some instances, subclass specific risks arise because the defining characteristic of the subclass implies (or creates) idiosyncratic opportunities (or risks) for particular types of crime. Compared to the complementary subclass, e.g., SOBs that serve alcohol present idiosyncratic opportunities for non -instrumental crimes, especially simple assault, disorderly conduct, etc. Likewise, SOBs that provide on -premise entertainment present idiosyncratic opportunities for vice crime, customer -employee assault, etc. Criminologists call this etiological crime category "opportunistic." There are many obvious examples and SOB regulations often treat subclasses differently because their ambient opportunity structures are different. But in addition to subclass -specific opportunity structures, the defining characteristic of an SOB subclass may compromise the effectiveness of common policing strategies. Although the opportunity structures of combined bookstore -arcades and stand-alone bookstores present different opportunity structures, differences in the policing strategies required by the two SOB subclasses represented in this suit are a more important consideration. In the first case, the optimal policing strategy for arcades requires that a police officer CRIME -RELATED SECONDARY EFFECTS - PAGE 16 RICHARD MCCLEARY, PH.D. inspect the interior premises. Since this places the officer at risk of injury, policing arcades requires specially trained and equipped officers, prior intelligence, specialized backup manpower, and other resources. Since potential offenders can wait inside the premises without arousing suspicion, routine drive-by patrols to "show the flag" are ineffective. In the second case, routine drive-by patrols are central to the optimal policing strategy for stand-alone bookstores. Since the ambient risk function for this subclass can cover a several - block area (see Figures 3a -c), drive-by patrols are an efficient way to provide a visible police presence to the neighborhood. Visibility is per se a deterrent. Routine patrols can keep watch for known offenders and suspicious activity. When problems are spotted, the routine patrol can forward the information to a specialized unit or, if necessary, handle it on the spot, requesting backup resources only as needed. To some extent, differences between the optimal policing strategies for the two SOB subclasses represented in this suit amount to differences in cost. The cost of policing arcades is more expensive than the cost of policing bookstores. Even if the cost -differential were ignored, however, the optimal strategy for policing bookstore -arcades would be ineffective for policing bookstores. Indeed, neighborhood patrols by plainclothes officers in unmarked cars would be inefficient. Whereas visibility is a key component of the optimal policing strategy for bookstores, for arcades, the optimal strategy requires invisible police presence. "Problem -oriented policing," the prevailing philosophy of policing in Los Angeles (and for that matter, in the U.S. and Europe), points to legitimate rationale for the spatial separation of SOB subclasses.' In simple terms, problem -oriented policing consists of analyzing a public safety problem qua problem; of developing an intervention that reflects the problem's unique properties and that utilizes the local environment; and of measuring the effectiveness of the intervention." The analyses reported in Section 3 above demonstrate that, while both SOB subclasses have crime -related secondary effects, qualitative differences in their effects dictate very different optimal policing strategies. In light of these differences, implementing a single procrustian policing strategy for all SOB subclasses would be wasteful and inoptimal. " William J. Bratton, the current LAPD Chief, is an early, well-known proponent of problem -oriented policing. See, e.g., Bratton, W.J. The New York City Police Department's civil enforcement of quality -of -life crimes. Journal of Law and Policy. 1994, 3:447-464; or Kelling, G.L. and W.J. Bratton. Declining crime rates: Insiders' views of the New York City story. Journal of Criminal Law and Criminology, 1998, 88:1217-1232. A recent speech by Chief Bratton (A Practitoner's Perspective, From the Streets. National Institute of Justice Annual Conference, July 17", 2006) is posted on the LAPD website. For a background discussion, see Goldstein, H. Problem -Oriented Policing. Wiley, 1990. 18 See, e.g., National Research Council. Fairness and Effectiveness in Policing: The Evidence. National Academies Press, 2004. CRIME -RELATED SECONDARY EFFECTS - PAGE 17 RICHARD MCCLEARY, PH.D. CRIME -RELATED SECONDARY EFFECTS - PAGE 18 RICHARD MCCLEARY, PH.D. Technical Appendices A. Converting latitude and longitude to Cartesian Co-ordinates The COMPSTAT data file identified the locations of crime incidents by address and by longitude and latitude (CRIMELOCX and CRIMELOCY). The North American Datum 1927 projection was used for the co-ordinates was North American Datum 1927. To translate the latitudes and longitudes to Cartesian co-ordinates, the plotted data were read into ArcMap 9.0 and were reprojected in State Plane California 1983 (feet) area V. The results were exported to an MS Access database file. B. Converting COMPSTAT Crime Categories to UCR Categories UCR Part I UCR Part II All Personal Property Personal Property Other 110 32 310 2212 250 7 442 909 234 89 210 2207 320 151 251 19 444 4 237 33 220 308 330 3248 624 4292 471 7 762 11 230 2008 331 323 626 409 474 2 805 9 231 33 341 1959 627 16 475 2 806 17 235 16 343 34 753 19 649 346 810 39 236 687 345 4 755 57 651 176 812 87 350 206 347 1 756 9 652 170 813 49 351 44 410 76 761 137 653 22 850 74 352 31 420 1147 763 23 654 20 900 251 354 432 421 8 886 83 660 15 901 85 434 2 430 3 888 302 661 4 902 3 437 7 431 1 910 44 662 27 903 10 439 4 433 4 920 14 664 14 943 5 450 5 440 2821 922 24 666 2 946 1445 451 1 441 36 928 175 668 32 954 6 622 6 480 19 930 1341 670 7 975 1 623 126 485 1 956 504 740 819 976 276 647 39 487 2 970 31 745 2294 978 518 860 182 510 3237 972 10 924 3 979 210 940 20 520 86 948 6- 980 560 521 264 949 3 986 31 648 21 997 2889 932 21 998 9480 933 13 999 13009 942 3 CRIME -RELATED SECONDARY EFFECTS - PAGE 19 RICHARD MCCLEARY, PH.D. 950 9 951 38 CRIME -RELATED SECONDARY EFFECTS - PAGE 20 RICHARD MCCLEARY, PH.D. Figure la - Concentric Parcels Centered on a Point -Source d = 1, 2, 3, ... parcels Radius of the dth parcel = r d feet Area of the dth parcel = n (r d) 2 - rr [ r (d-1) ] 2 square feet CRIME -RELATED SECONDARY EFFECTS - PAGE 21 RICHARD MCCLEARY, PH.D. Victimization Risk .004 — .003 — .002 — .001 — Figure lb - Mean Ambient Risk for Nineteen Los Angeles SOBs UCR Part I and II Personal Crime Victimization Risk 0 250 500 I 750 I 1000 Distance in feet from the address CRIME -RELATED SECONDARY EFFECTS - PAGE 22 RICHARD MCCLEARY, PH.D. Figure lc - Mean Risk Ratios for Nineteen Los Angeles SOBs Risk Ratio UCR Part 1 and 11 Personal Crime 0 250 500 Distance in feet from the address CRIME -RELATED SECONDARY EFFECTS - PAGE 23 RICHARD MCCLEARY, PH.D. Table 2.1 - SOBs in the City of Los Angeles Business Name Talk of the Valley Le Sex Shoppe Sherman Way Adult Books Drake's Circus of Books Bruce & Jeffrey's Bird Cage Adult Video Warehouse Le Sex Shoppe Brand X Videos Adult World Video J&B Book and Video X -Spot 2 (aka Alameda Books) Stan's Bookstore X -Spot 1 (aka Le Sex Shoppe) X -Spot 3 (aka Highland Books) Le Sex Shoppe Le Sex Shoppe Le Sex Shoppe Jasons II Le Sex Shoppe Business Address 15452 Devonshire 21625 Sherman Way 11841 Sherman Way 7566 Melrose Ave 4001 W. Sunset Blvd 12300'/2 West Pico Blvd 9718 Glenoaks Blvd 4539 Van Nuys Blvd 6161 Van Nuys Blvd 6406 Van Nuys Blvd 10930 Vanowen Street 1901 S. Alameda Street, #101 1117 N. Western 5507 Hollywood Blvd. 6775 Santa Monica Blvd, #6 3147 N San Fernando Road 4877 Lankershim Blvd 12323 Ventura Blvd 6408 Tujunga Ave 6315 1/2 Hollywood Blvd Bookstores Bookstore -Arcades Excluded from sample CRIME -RELATED SECONDARY EFFECTS - PAGE 24 RICHARD MCCLEARY, PH.D. Table 2.2 - Total Crimes, Jan 1, 2001 - March 6, 2007 UCR Personal UCR Property Part I Part II Part I Part II Other 15452 Devonshire 21625 Sherman 12300 W. Pico 7566 Melrose 4001 W. Sunset 11841 Sherman Way 9718 Glenoaks Subclass Mean 1901 S Alameda 6775 Santa Monica 1117 N. Western 5507 Hollywood 3147 N. San Fernando 12323 Ventura 4539 Van Nuys 4877 Lankershim 6161 Van Nuys 6406 Van Nuys 10930 Vanowen 6408 Tujunga Subclass Mean - 207 157 631 322 195 188 468 199 51 47 149 38 177 157 588 266 138 182 438 130 68 35 274 44 10 12 109 21 120.9 111.1 379.6 145.7 91 46 362 28 516 541 1192 238 745 603 878 525 563 560 1045 460 125 121 710 108 75 74 363 166 148 220 620 223 207 179 808 161 225 590 498 236 317 537 730 275 111 147 383 62 67 62 234 45 265.8 306.7 651.9 210.6 123 227 105 127 108 84 29 114.7 119 229 300 273 109 70 211 180 495 271 99 109 205.4 CRIME -RELATED SECONDARY EFFECTS - PAGE 25 RICHARD MCCLEARY, PH.D. North -ED 4th D61atee Qc 1m Rey 0• Figure 3.1a - Simulated Spatial Distributions of 48 Crimes Completely Random Point -Source Random e• • ° A a • 9 2' ° 0° - 2' ° 0 ° a ° 0 0 0 80 . OD 4. -2 • 0 ° ° ° `-. i1Y5 O i • ° 0 . Z Part -Mat Mat ce g too •hep Paatuueat On" ce Qc lop it et) CRIME -RELATED SECONDARY EFFECTS - PAGE 26 RICHARD MCCLEARY, PH.D. Table 3.2 - Parameter Estimates for the Poisson Regression Model 3/y s(13/Y) t(13/y) exp([3/Y) Constant -9.6311 0.24454 -39.38 .00007 Distance -0.0011 0.00005 -20.64 0.999 Combined SOB 0.8117 0.29833 2.72 2.252 UCR Personal -0.4886 0.05264 -9.28 0.613 UCR Property 0.2824 0.04842 5.83 1.326 UCR Serious 0.7033 0.03366 20.89 2.020 Combined • Distance Combined • Personal Combined • Property Combined • Serious - 0.0003 0.00006 -5.51 0.999 0.4932 0.05853 8.43 1.638 0.1320 0.05436 2.43 1.141 - 0.1299 0.03722 -3.49 0.878 0.3422 0.10854 CRIME -RELATED SECONDARY EFFECTS - PAGE 27 RICHARD MCCLEARY, PH.D. Figure 3.2a - Victimization Risk by Distance from Site, UCR Personal Crime Victimization Risk Personal Crime (x 10') 3- 25 — 2- 1 5 — 1 — 05 — 0 0 Bookstore -Arcades Bookstores 11111111 1111111111111 250 500 750 Distance in feet from the address 1000 CRIME -RELATED SECONDARY EFFECTS - PAGE 28 RICHARD MCCLEARY, PH.D. Figure 3.2b - Victimization Risk by Distance from Site, UCR Property Crime Victimization Risk Property Crime (x 104) 3- 25- 2- 15- 05- 0 Bookstore -Arcades Bookstores I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 0 250 500 750 Distance in feet from the address 1000 CRIME -RELATED SECONDARY EFFECTS - PAGE 29 RICHARD MCCLEARY, PH.D. Figure 3.2c - Victimization Risk by Distance from Site, UCR Serious Crime Victimization Risk Serious Crime (x104) 3- 25- 2- 15- 05 - Bookstore -Arcades Bookstores 0 I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 250 500 750 Distance in feetfrom the address 1000 CRIME -RELATED SECONDARY EFFECTS - PAGE 30 - RICHARD MCCLEARY, PH.D. Figure 3.2d - Risk Ratios for Three UCR Crime Categories Risk Ratio Combined Stand-alone 4 — UCR Personal 3.5 — 3 — LICR Property 2.5 — UCR Serious 2 — 15 — 1 0 I 1 I I 250 I I 1 I 1 I I I I 500 750 10170 Distance in feet from the address August 16, 2012 City Hall Council Members do City of Yakima 129 North Second Street Yakima, WA 98901 RE: Proposed Adult Entertainment Venue/Strip Club in Y 'rna Dear Council Members: Distributed Meeting Kittitas-Yakima Chapter On behalf of Kittitas-Yakima Women of ViSi011, I am writing to you to express my grave concern and strong opposition to the proposed strip club in Yakima. The location of this sexually explicit business in our community will have severe consequences for the economic and social well-being of surrounding neighborhoods and undermine and destabilize the quality of life of our conununity. The Yakima business community and non-profit organizations have worked diligently to create a positive environment and encourage the further economic growth and prosperity of the area. The inclusion of such a sexually explicit business undermines this work and hurts the possibility of attracting more businesses and residents to the area. Adult entertainment businesses generate dverge -eedaty-ittipactt" and have been linkedto sex trafficking of girls, Several jurisdictions within the state of Washington have documented their findings of these adverse impacts. The venue will undoubtedly bring loitering, drunkenness, drugs, prostitution and an increase in personal and property crimes to our area. City of Yakima ordinances governing adult entertainment are designed to provide balance and are, or should be, sub•Sq'Xite.1 a ,,nramon sense test. Owners of the proposed strip club seek to meet a rigid interpretation of an ordinance and by doing so circumvent any application of common sense, which should be the ultimate test, As you seek further public comment 013 this issue, please consider all the relevanipacts that this type of business will have on our community, our neighborhoods, and most importantly, our children. I.finniy and expressly oppose the operation of this club in our community. Sine ely It4A, Tina Powers, Chapter Co -Chair Kittitas-Yakima Women of Vision 6702 Crestfields Road Yakima, WA 98903 Yakima Valley ITHEWMAN UZFICKING Network Supported by the Zonta Club of Yakima Valley otZONTA CLUB OF YAKIMA VALLEY Advancing the Statuds of Acroen in the ss World Yakima Valley JOIN US AT ZONTA! www.zontayakima.or9 Distribute th Meeting City Council Hearing - August 21, 2012 My name is Danielle Surkatty, and I live at 101 No. 58th Ave. in Yakima. I am speaking today as the Advocacy Chair of the Zonta Club of Yakima, a local service club. While we understand that the law allows strip clubs to exist, let me state clearly that we are strongly opposed to the opening of a strip club. We support the six-month moratorium on the licensing of any new strip dubs in Yakima. While I know the City Attorney has provided you with hundreds of pages of information on ordinances and findings from cities around the country, I've gathered information for you on the sexual violence and human trafficking that strip club dancer's experience. The packet includes: 1) Handouts which detail the links between Strip Clubs and Sex Trafficking. 2) A handout on the "10 Things that Men and Boys can do to Stop Human Trafficking". You'll note that point 3 speaks specifically to strip clubs. 3) Advice from one of the foremost experts on prostitution in the U5, which has references linking strip clubs and prostitution to recommendations for cities. 4) You'll also see a Legislative Record from Federal Way's City Attorney, which details adult entertainment findings related to strip clubs and other adult venues in cities in their area. I ,just wanted to bring your attention one particular section of this report which I've highlighted on page 3 which states: "The record reflects that there has never been an instance when an undercover officer has entered an adult entertainment establishment in the City when a criminal act was not occurring." Strip clubs utilize a business model that is based, by its very nature, on the commercial sexual exploitation of women. Furthermore, whenever force, fraud, or coercion are involved in luring a woman to dance in a strip dub, the act can be defined as human trafficking. Young women and minors about to turn 18 are often lured into the work with the promises of the great money to be made. While this may be the first venue where they are exploited, studies show us that other forms of exploitation will soon follow, including pornography, escort services, prostitution, and labor or sex trafficking. We have reviewed city ordinances on adult entertainment from Bellevue, Everett, Kent, Mulkiteo, Oak Harbor, Renton, and Snohomish County and the ways these cities and county have strengthened their ordinances to increase protections for women. In the packet on the left you'll find six recommendations that we feel strongly will greatly increase the safety and security of the women working in any future strip club in Yakima. We'd like the city council and city attorney to revise our ordinance to incorporate these additional protections for women. These recommendations cover: Alarm Systems, Barriers, Entertainer's License, Inspection, Interior Signage, and Proximity of Dancer to Patrons. I've put our current city ordinance section at the top, followed by rebated excerpts from the other cities' ordinances. At the bottom in the box you'll see our recommendation for the revision. Our laws recognize the rights of cities to protect their citizenry against the secondary effects of strip clubs, this includes the women that work there! We recognize the distinction between laws that allow free speech protection for the dancers, and the fact that the misconduct of customers is entirely outside the protection of the first amendment and the State Constitution. In the packet you'll also find a study entitled "Strip Clubs According to Strippers: Exposing Workplace Sexual Violence" which details their actual working conditions. While strip clubs are popularly promoted as providing harmless entertainment and as places where customers go to watch and talk to women, the study shows that this is NOT the case. One hundred percent of the women in the study experienced physical abuse AND sexual abuse while working in strip clubs. One hundred percent experience verbal harassment in the strip club and one hundred percent reported being propositioned for prostitution. Seventy eight percent were stalked and sixty one percent reported that someone attempted to sexually assault them. These realities of the strip club work environment speak loudly to the need for the strongest possible ordinance. When you read the quotes from the women in the study, you'll see that the degree of violence perpetrated against strippers absolutely explodes the myths about stripping as harmless entertainment. In fact, strip clubs by their very nature create an environment where women are treated in a manner that would be ILLEGAL in any other work environment, relationship or business model. Again, we support the moratorium on the opening of a strip club in Yakima, so that city officials can prepare the strongest possible licensing provisions to protect the women that work there and develop review criteria to the fullest extent allowed under law. Thank you for considering our suggestions for revisions to the Yakima Ordinance on Dance Studios. Danielle Surkatty, Advocacy Chair Zonta Club of Yakima www.zontayakima.org POLARIS PROJECT FOR A WORLD WITHOUT SLAVERY Hostess/Strip Clubs and Sex Trafficking "According to court papers, Maksimenko and his business partners operated a human trafficking ring which exploited Eastern European women and used the guise of a legitimate business — Beauty Search, Inc. — to cover their criminal conduct. Maksimenko and his partners smuggled women into the United States and compelled them through threats and coercion to work as dancers in strip clubs. To force the women to keep working, Maksimenko and his partners took a number of steps, including confiscating the dancers' passports; imposing large debts; isolating the dancers; threatening physical violence; searching the dancers' apartments; and threatening to turn the dancers into authorities because of their illegal immigrant status." -2007 DOJ Press Release Asian Hostess Clubs — Also known as "room salons," these legitimate businesses are well- connected with Asian massage parlors. Victims of both sex and labor trafficking may be found in hostess clubs and strip clubs in the United States. In situations of sex trafficking, a victim may be forced to provide commercial sex to the club patrons by a pimp, employer, or other controller, in addition to his or her work as a dancer or hostess. Victims may be U.S. citizens, undocumented immigrants, or foreign nationals with tourist, summer work, or entertainment group visas. Though the victims tend to be adult women, some of these networks may also exploit minors. A young woman came to the U.S. from Japan shortly before her eighteenth birthday. She had been promised a job as a lifeguard in Vermont, and instead was brought to New Mexico and forced to strip at a night club. One night, she met a young man at the club, and she pleaded for help in leaving. She felt as if she no longer could take the sexual abuse inflicted upon her by her controllers. The controllers confiscated all of her wages that she earned working 14 hours a day, and would not let her leave the premises. The young man called the National Human Trafficking Resource Center, and the information was reported to a local trafficking task force who opened an investigation. Women from Eastern Europe and/or Russia are frequently recruited to work in strip clubs in the United States. *Based on calls received by the National Human Trafficking Resource Center. Identifying details have been changed to protect confidentiality. When does it become trafficking? Stripping, nude dancing, and hostessing become sex trafficking when the employer uses force, fraud, and/or coercion to compel an adult worker to engage in commercial sex with club patrons. If the escort is under the age of 18, s/he is considered a victim of sex trafficking regardless of the presence of force, fraud or coercion. Situations of individuals being compelled to hostess, serve drinks, or dance in these types of clubs may also be a type of labor trafficking, if force, fraud, or coercion is used to induce the individuals into performing some form of "labor or services." Common means of control include: Force — Physical or sexual abuse; restrictions on movement and communication with friends and family; constant surveillance. Fraud — False promises of a different job; misrepresentation of the working conditions, wages, and immigration benefits of the job; altered or bogus contracts; non-payment, underpayment or confiscation of wages; visa fraud. Coercion — Exploitation of a foreign national's unfamiliarity with the language, laws and customs of the US; verbal and psychological abuse; threats of harm to the victim or the victim's family or friends; threats of deportation; lack of control over a schedule; isolation; confiscation of passports and visas; debt increased through various fees to the club or driving networks. *The above list is not comprehensive or cumulative. One element of force, fraud or coercion may be present, or many. Types of Hostess/Strip Club Networks Russian Stripping Networks — Women from Eastern Europe and/or Russia are frequently recruited to work in strip clubs in the United States. Once in the United States, a network of drivers transports the women to and from the clubs where they work. Club owners generally consider these women independent contractors and employees of the driving network, not the club. The women may be required to pay certain fees to the club, DJ, bouncer, taxi drivers, stage manager, and other parties. The women often must adhere to extensive, pre -determined schedules and are frequently moved between multiple clubs. Commercial sex sometimes takes place in the bathroom, VIP, or lap dance rooms. Asian Hostess Clubs — Also known as "room salons," these legitimate businesses are well- connected with Asian massage parlors. Clubs may be located in store -fronts, office spaces, and commercial areas. Clandestine advertisements in ethnic local newspapers allow these "closed networks" clubs to cater to Asian male clientele. Food and drink are sold at inflated prices, as women accompany and entertain customers. Commercial sex may take place on- or off-site after hours. Latino "Cantinas" — Cantinas register and operate as legitimate businesses that have food, drink, dancing and music, largely catering to a male customer base. Labor trafficking occurs when female hostesses are forced through threats and violence to meet certain daily quotas of alcohol sales by encouraging male customers to buy beer at inflated prices. In some situations, sex trafficking may also occur on or off-site. Unlike residential brothels, the hostesses involved with a cantina do not always sleep on site. Vulnerabilities Organized Crime — Hostess clubs and strip clubs within specific ethnic networks are often tied to organized crime. Women are frequently told they owe money to the network, and failure to pay will result in harm to them and/or their families. Immigration Status — Traffickers often use the threat of deportation as well as document confiscation to maintain control of foreign national victims. Some victims enter the U.S. with a fraudulent visa procured through organized crime or a recruiter, leaving them particularly vulnerable to threats of deportation and unlikely to seek help from the police. Additionally, traffickers prey on immigrant workers' unfamiliarity with the language, laws and customs of the U.S. to further manipulate or exploit them. Statistics Snapshot In the 2008 study "Deconstructing the Demand for Prostitution" conducted by the Chicago Alliance Against Sexual Exploitation, 46% of the 113 interviewees had bought sex at strip clubs. 49% of interviewees believed that there were girls under 18 years of age working at strip clubs. Source: Polaris Project - http://www.polarisproject.org/human-trafficking/sex-trafficking-in-the- us/hostessstrip-clubs Sex Trafficking Networks j Polaris Project Comparison Chart of Primary Sex Trafficking Networks in the U.S. POLARIS PROJECT Polaris Project National Human Trafficking Resource Center 1-888-3737-888 I NHTRCAPolansProjecturg ww'w.PolarisProject.org t0 Copyright Polaris Project, 2011 All Rights Reserved FOit VCOMW aT IKKIT SLAVERY ca on, n, p Baan Asian Massage Parlors (AMiPs), room salons/hostess clubs, residential brothels, karaoke bars, escort services R stdenctal b` thels sc rt �`de every se aces; hostess dulls j"can t1nas,°fund soar ct tnai sageapaslctrs Street, hotels, residential brothels, strip dubs, Some massage parlors, Internet, truck stops, private parties p�,..��-�-'•�''��j .''YvKy`�i''sik.•�4!,`� artfflcl cr .o ofik Older Asim female management in 1ll�il's, male owners enforcers and transporters - :Y��nn'.�ra- 4�L/j,• •_Sn "Td.1,l�i _,. ��. Laino rnak conttollcis r-, rectvlternforcars, `� = transporters, pimpsnknown :4S)wp4d10tcs> (i.4tll43�'._ f';,`• c r U.S. domestic male pimps, male and female recruiters and enforcers, male transporters ; \ scrim ;,bxxv,s 3Ctun.brofil E ;»`t';Yi......;;'. _ s �, t , � Predominantly South Korean women, and some Chinese and Thai women, often between ages of 18 and 55; rare minors ; "... .lam=, Predamtnantly`Iviecan; : : centril Atri erism=;and South ; �mcttran adultolnen an, d some n ars � U.S. Citizen adults and minors; some Native Americans; avg. age of recruitment estimated at 12-14 a� - e e a ro o ' si p ` ,A irn n,���� - `�ate 7a `' ie Closet Only s me mens k.� Middle to upper class working professionals; Asian men in `closed' networks; some foreign business men Fnti ely closed network r c �et7ng Ca �'tttno males �� `J ,, V Open network that includes men of all backgrounds etkiods ar trpeti False promises of legitimate employment, Internet chat rooms, m saunas/bathsprc-inttse-'sb' ire 4 False.prcimise of rnarriage�� �, ,and or tutnt}=, se git'mate lobs ! False promise of love and support; sometimes kidnapping or abduction etl'tei. ao ..�i4�^ rt J-' xa. to s of cnta�en et ' r ,} . , , . , Physical isolation, language barriers, debt bondage, threats, threats of reports to immigration, psychological control intimidation controlled transportation J 2i sl t 4 PhSsical�abuse rape; assault tenth Nveap� ne debt; k s bondagc rlirtats of f'orct, r , tIre ats ffan it thteiats of � reports o lrn nigratlon,x . 's',cxual abuse`-of!leilOors ,• o , . > Physical abuse, rape, assault with weapons, debt bondage, threats of force, sexual abuse of minors, threats to family or to children, control of drug supply, psychological control e�£filiauoq t� s Some have affiliation withStitrie Asian street gangs and/or organized clime Have afftliaizans tuith - . MS 1`3 'wd other attnt gangs :. Some have affiliations with street gangs; some gangs directly engage in trafficking �x d�m st t eche stn _ o a ac`tcustonnets Classified ads Asian newspapers, Internet classifieds, phone directories, word of mouth, billboards 'Fake°bis incss cards distributedApersvn to rrt ,f etson uokd oEtntiutlt sc?'' � � � � r .��,.>� � Online sex ads, Internet classifieds, local newspapers, phone directot-ies, word of mouth, text messaging ,, 'a�1ctui t os x hST^` ray #s sextact— C i? $60 per hour plus tips for � vlPs; inflated pnces for food and alcohol in room salons average of 5 to 15 men a day $30ifi�r 15 rtunu to sex act ' i avg 'of 20 to 35 rnen a dap; , m new us all ttkCt ,- M tnanagers'AO .pacirc>tes �;,., �_; Nightly quotas of $200 to $1,000; average of 7 to 15 men per da all money kept by pimps/traffickers P i ansa itis o `s bite • ttranspo�ation .�, .�v^,a IVF '�"�`8,a s IE 3. ���� � ,. Smuggling through Canada and Mexico; overstaying legitimatetransported visas; use of Korean "taxi „ sen�ices 'S nuggling ihtough Ivfexuco, s C� 2dw v1 i,ca rg-o ti'ans,, y - irk fG'_Y.: oi, corm nccrttal buses - �w.'Fy a. - v` �be>:.ueen0ctttesY �_��'-`max; , —&-, Direct transportation by pimps; use of individual cars and/or. commercial transportanon lines upporl. S Ftatilittcsx �.�... • ��� odor t tt '� e tau.ens F` '?V .s'��h !i .. � . ;��,,. . M ��_, :, Advertisers, landlords, active online john community r'',dverusers, landlords -' ,isz' fi+x 3 �Y„isrh; �Y k xi. '- �•t,."�; '�-r�'�:.'k�4 -, Advertisers, landlords, media, operators of hotels used heavil b y pimps, taxis POLARIS PROJECT Polaris Project National Human Trafficking Resource Center 1-888-3737-888 I NHTRCAPolansProjecturg ww'w.PolarisProject.org t0 Copyright Polaris Project, 2011 All Rights Reserved FOit VCOMW aT IKKIT SLAVERY Ten Things Men & Boys can do to Stop Human Trafficking (1) Challenge the glamorization of pimps in our culture Mainstream culture has popularized the image of a pimp to the point that some men and boys look up to pimps as if they represent as if they represent legitimate male role models and view "pimping" as a normal expression of masculinity In reality, pimps play a central role in human trafficking and cause tremendous harm by routinely raping, beating, and terrorizing women and girls to keep them locked up in prostitution. Men can take a stand against pimps and pimping by renouncing the pimp culture and the music that glorifies it. (2) Confront the belief that prostitution is a "victimless crime" Many men view prostitution is a "victimless crime." But it is not. For example, women who are involved in prostitution are at a greater risk to be murdered than women in the general population (Potterat, 2004) Research also shows that women who are involved in prostitution suffer tremendous physical and mental trauma association with prostitution. Viewing prostitution as a victimless crime or something that women "choose" allows men to ignore the fact that the average age of entry into prostitution in the United States is 13 years old and that the vast majority of women engaged in prostitution would like to get out but feel trapped. Men should stop viewing prostitution as a victimless crime and acknowledge the tremendous harm and suffering that their participation in prostitution causes. (3) Stop Patronizing Strip Clubs When men think of human trafficking, they often think of brothels in the countries outside of the United States. However, strip clubs in the United States and abroad may be a place where human trafficking victims go unnoticed or unidentified. Strip clubs are places of manufactured pleasure where strippers are routinely sexually harassed and assaulted by owners, patrons, and security personnel. Men rarely consider whether women working in strip clubs are coerced into that line of work, because to do so would conflict with the pleasure of participating in commercialized sex venues. Strip Clubs --like brothels-- are the most popular venues where the purchase of sexual services from women occur the most. Men can combat human trafficking by no longer patronizing strip clubs and by encouraging their friends and co-workers to do the same. (4) Don't Consume Pornography Pornography manipulates male sexuality, popularizes unhealthy attitudes towards sex and sexuality and erotizes violence against women. Pornography leads men and boys to believe that certain sexual acts are normal, when in fact sexual acts that are non-consensual, offensive, and coupled with violent intent result in the pain, suffering, humiliation of women and children. In addition, a disproportionate amount of mainstream pornography sexualizes young women with such titles as "teens", "barely 18", "cheerleaders", etc. Targeting younger women socializes men to develop appetites for younger and younger women creates a "pedophile -like culture" among men Victims of human trafficking have also been forced into pornography Men can stop the voyeurism of sex and sex acts that fuel human trafficking by refusing to consume pornography and encourage others to do the same. (5) Tackle Male Chauvinism and Sexism Online Contrary to the myth that men do not gossip, men spend a significant amount of time online discussing their sexual exploits. The internet provides many men with the ability to mask their identities while indulging in racist, sexist, and violent diatribes against women and girls. Choosing to be a critical voice online is an extremely important way to educate and inform men and boys about their choices. Men can change this culture by starting threads in online forums that cause men to start talking about their attitudes towards women and how these attitudes and behavior is linked to human trafficking. (6) End Sex Tourism Men in the United States and other "first world" nations routinely travel overseas and have sex with women in developing countries. When men engage in these practices, they do not acknowledge the fact that many are trafficked women and children come from developing countries --even in countries where prostitution is "legal." Traveling overseas grants men a great deal in anonymity As men, we have a responsibility to confront the men that go overseas and participate in sex tourism. (7) Talk to men and boys about men's issues in male spaces The only way to change men is by engaging them in spaces where men and boys talk and develop their ideas and attitudes towards sex and sexuality Male spaces such as barbershops, locker rooms, fraternities, and union halls are the real classrooms where boys learn to become men and where men develop most of their ideas about how to interact with women. If men do not feel comfortable talking about these issues in male spaces, they can drop off informational brochures and make themselves available to talk with other men and boys when they have questions or concerns. As men, we need to turn male spaces into circles of accountability where men learn about non-violence, social justice, and ending violence against women. (8) Support anti human trafficking policies President Obama declared January 2010 as National Slavery and Human Trafficking Prevention Month. However, more substantive legislation is required to end human trafficking. Men can educate themselves about the issues by visiting anti -trafficking organizations and by asking their elected officials what they have done to support or sponsor anti-human trafficking legislation. One of the most important acts men can do to stop human trafficking is to support anti- trafficking legislation at the local, state, or federal level. (9) Support creation of John Schools There would be no human trafficking if there was no demand for it! Strategies aimed at ending human -trafficking must focus on eliminating the demand. "John Schools" are education programs designed to educate customers apprehended by law enforcement who attempted to purchase sex. By teaching the legal and health effects of buying sex and the realities of prostitution, such schools impart knowledge that can reduce demand, making men conscious of how their actions can spur on human trafficking. Learn on whether or not your community has a local John School. If not, encourage your local prosecutor's office or city council to start one. (10) Raise sons and mentor boys to challenge oppression No boy is destined to be a "john", a pimp or a human trafficker Raising young men in circles of accountability, to be respectful and protective of all women and children is one of the most important things that men can do to stop human trafficking. Talk about human trafficking in a modern form of slavery to help convince men and boys to become allies in the fight to end this form of oppression. © Renaissance Male Project, Inc. — www.renaissancemaleproject.com • Sup e/is ,cA Vine SSA To: San Francisco Mayor Gavin Newsom, San Francisco Supervisors Carmen Chu, Bevan Dufty, Michaela Alioto-Pier, Sean Elsbernd, District Attorney Kamala Harris. From: Melissa Farley, Ph.D., Prostitution Research & Education, San Francisco 415-922-4555 mfarley@prostitutionresearch.com September 30, 2008 (this document is being revised as new information is generated) Executive Summary: Strongly criminalizing johns is the most effective legal approach to date to the harms of violence and exploitation that prostitution inflicts on those used in it. Many countries, some states, and international law support this approach, which San Francisco could readily adopt, along with other legal and social initiatives building on existing law, policy, and service institutions. Women, men, and the transgendered who are selling sex should be the only persons in the prostitution transaction who are decriminalized. Johns, pimps, and traffickers (buyers and sellers) should be criminalized. 1. Introduction to social and legal responses to trafficking for prostitution that San Francisco might implement in the near future. Prostitution today has moved from the street to the Internet and other offstreet locations. Street prostitution, although the most visible to outside observers, is only a small percentage of prostitution today. In San Francisco, trafficking for the purpose of prostitution primarily occurs in massage parlors that function as brothels, in private homes that are brothels (for example, in the Sunset and Pacific Heights neighborhoods), in champagne rooms and VIP rooms of strip clubs, and via escort prostitution advertising on the Internet, newspapers, and telephone directories. The most egregiously harmed individuals in prostitution are now indoors, not on the street: children, victims of international trafficking (who are often women of color), mentally and physically coerced women, children and transgendered people. Much of San Francisco's prostitution, as in other US cities, is controlled by organized criminals. Korean, Vietnamese, Chinese, and other Asian gangs cooperate with local thugs to control women in massage parlor prostitution. US based motorcycle gangs --Hell's Angels, Banditos, and Outlaws --have connections to prostitution in Australia and the Netherlands and are involved in domestic trafficking of women into San Francisco and other California strip club prostitution. The Deja-Vu strip club chain has recently acquired control of 51% of the strip clubs in North Beach, according to a source close to organized crime. Attempts to make strip clubs safer for women have failed. See Farley, Melissa (2005) Prostitution Harms Women Even if Indoors, Violence Against Women 11 (7): 950-964. Organized crime is rampant under legal as well as illegal prostitution. Amsterdam Councillor and survivor of prostitution Karina Schaapman said, There are people who are really proud of the red light district as a tourist attraction. It's supposed to be such a wonderful, cheery place that shows just what a free city we are. But I think it's a 2 cesspit.There's a lot of serious criminality. There's a lot of exploitation of women, and a lot of social distress. That's nothing to be proud of. See http://www.radionetherlands.nl/currentaffairs/ams070921mc Amsterdam's Mayor Job Cohen has closed a number of the legal prostitution zones in that city, stating that the system of legal prostitution did not reduce crime as they had hoped it would. Instead, crime increased and women in prostitution were no safer than when prostitution was illegal. In 2006, an Amsterdam Green Party member sought to abolish not only legal but also illegal prostitution there. See http://www.radionetherlands.nl/currentaffairs/ned061031mc. A 2008 Radio Netherlands report noted that an Amsterdam real estate developer rejected an offer to develop escort prostitution in the former red light district because "there was no way to ensure that the women were not exploited..." See http: //www.radionetherlands.nl/currentaffairs/080717-amsterdam-prostitution. 2. There are four legal approaches to prostitution. Prostitution can be criminalized, legalized, decriminalized, or abolished. Under criminalized prostitution, all parties to the transaction are arrested: the woman who is selling or being sold as sex in prostitution, the buyer or john, the pimp and/or trafficker. Legalized prostitution, as in Nevada, specifies where prostitution is permitted to take place. It is regulated via zoning. Legalized prostitution can also include municipal tolerance zones or red-light zones. Decriminalized prostitution removes all laws against pimping, pandering, and buying women in prostitution, in addition to decriminalizing the person who is prostituted. Abolition of prostitution is a human rights -based legal approach that aims to stop the buying, selling and trafficking of women in prostitution while at the same time supporting those in it to escape prostitution instead of arresting them. The abolitionist perspective considers the sexual harassment, sexual exploitation, and sexual violence that is intrinsic to prostitution to be human rights violations. Those used in prostitution in this fourth legal approach are the only ones decriminalized. 3. The 1999 Swedish law prohibiting purchase of sexual services is a practical abolitionist approach to prostitution. Sweden has recognized that prostitution exists because of demand for it. Seeing prostitution as a form of violence against women, the Swedish Parliament decided to criminalize those who create and profit from systems of prostitution: not only the pimps and traffickers, but those who purchase and exploit all who are used in prostitution: the buyers or johns. The woman or man in prostitution is not criminalized. Sweden has recognized that she is a victim, not a criminal. The official history of the Swedish law states that "in the majority of cases... [the woman in prostitution] is a weaker partner who is exploited, " and the Swedish government has allocated funding for social services to "motivate prostitutes to seek help to leave their way of life." The 1999 law on prostitution is a tangible expression of the belief that in Sweden women and children are not for sale. A majority of men and women in Sweden support the law. Today, the number of newly recruited women in Swedish prostitution is low, and the overall number of women used in prostitution in Sweden has not increased, as has 3 occurred in many European countries where the sex industry is rapidly expanding. The Swedish National Board of Health and Welfare reported a 50% decrease in the number of women prostituting and a 75% decrease in the number men who bought sex. Sex trafficking into Sweden has dramatically decreased since the law went into effect. In 2007 Sweden has the lowest number of victims of trafficking in the European Union. The law has also effectively reduced organized crime networks in Sweden. Key to these outcomes has been education of police that prostitution is not victimless, and that those who seek to buy human beings for sex are committing a serious crime. Prosecutors have brought cases against johns, and courts have convicted and sentenced many of them. who bought sex. All that is necessary to adapt the Swedish model to California law is to decriminalize prostituted people entirely and strengthen and extend the laws against their use, both statutorily and through law enforcement initiatives. 4. Enforcement of California's Red Light Abatement Law would attack some of the roots of trafficking for prostitution: the current effective impunity of landlords who house pimps and traffickers. Acknowledging the damage resulting from prostitution and trafficking, this law would prosecute owners of properties in which prostitution and trafficking occur. For details of this law see http://law.justia.com/california/codes/pen/11225-11235.html A similar law has been used successfully in Nassau County, New York. Researcher Donna Hughes reported in a 2005 paper The Demand for Victims of Sex Trafficking: Nassau County police in New York devised a strategy to close down massage parlors by targeting the owners of the buildings. Most sex industry establishments are not owned by the pimps or traffickers... Although the owners of the buildings may not have been aware of the prostitution going on in the establishments, they were profiting from it. In 1994, massage parlors, which were fronts for prostitution, had proliferated. Police knew that the lease agreements with the operators of the massage parlors were executed under false representation by the parlor operators who said they were running physical therapy centers or other legitimate sounding services. Police found that the people who originally signed the leases were usually difficult to find. Massage parlor operators also frequently altered the buildings' physical structures resulting in violations of building and fire codes. The property owners usually ignored the violations. There were a number of official departments, such as the attorney general's office, the health depait,uent, and state education department that had regulatory enforcement over the massage parlors, but efforts to regulate the businesses were "stalled" in court or bureaucracies. Consequently, the police decided to target the owners of the buildings, and force them to shut down the businesses. They notified the owners of code violations and fraudulent lease agreements, and told them that they were going to be charged. When the property owners did not cooperate, the police, fire marshals, and building inspectors cited the owners. Fines 4 for building code violations ranged from $200 to $1000 a day; fire code violations were $5000. The fines put pressure on the property owners to evict the unlawful tenants. The district attorney was asked to file cnminal charges for permitting prostitution and criminal nuisance against owners who refused to evict the exploiters. In addition, the police notified the property owners' mortgage holders of the illegal activity taking place on the premises. The police also targeted the men who purchased sex acts at the massage parlors by stopping them for interviews and traffic violations. The police department asked the major regional newspaper to stop running ads from the massage parlors. The newspaper complied after several requests. They also got local gym owner to remove business cards from bulletin boards. They did interviews about the problem on local radio stations. In addition, the Internal Revenue Service opened a criminal investigation for income tax evasion on one person. As a result of this pressure on property owners, all known illegal county massage parlors were closed or vacated. In most cities in the United States, prostitution operates under the euphemism "massage." Laws about therapeutic massage are exploited by traffickers and pimps who inform police or public health inspectors that the trafficked women who are prostituting in massage parlors are "massage -therapists -in -training." In addition to concealing prostitution and trafficking, these massage brothels are disruptive of legitimate massage therapists' practices. The City of Clarkstown, New York has a massage establishment ordinance (Chapter 126 of the Clarkstown Code) that when enforced in 2007 resulted in the closure of 11 of 16 massage parlors that had sold women who had been trafficked for prostitution. 5. Enforcement of currently existing laws against men who buy sex (johns) and penalty enhancement against both pimps and johns. We recommend a focus on enforcement of the prostitution laws against johns in indoor prostitution rather than exclusively arresting johns who solicit prostitution on the street. Educational campaigns that focus on the social undesirability of being a john or a pimp can be helpful but only in conjunction with meaningful law enforcement, including meaningful penalties, against johns. In addition to imposing meaningful legal consequences on men's purchase of sex, it is essential at the same time to increase the public's understanding of why and how prostitution is harmful in and of itself, and to ensure that prostitution is regarded as predatory and sexually exploitative behavior rather than simply "sex" or a reasonable job for poor women. Educational campaigns are crucial to counteract the myths that prostitution is a victimless crime. The effectiveness of any criminal justice program depends not only upon the willingness of police departments to enforce the laws that the representatives of the people have passed, but on the community's understanding of 5 the issues, here, upon its commitment to justice for prostituted women and children. From decades of social and legal attempts to deter batterers, we know that counseling and educating alone are not effective. It is necessary to combine educational approaches with strong legal or social consequences such as jail time or fines that are known to be seriously enforced, rather than the violations ignored with a wink and a nod. What would deter johns from exploiting prostituted people? In conjunction with research partners Women's Support Project, Glasgow and Chicago Coalition Against Sexual Exploitation, PRE has released new studies on the motivations and attitudes of johns. Table 1 shows that despite significant cultural differences, there was a similarity in these men's responses regarding deterrents to prostitution. While all of these 223 men had previously used women in prostitution, only 7% of the Chicago men had been arrested for soliciting prostitution. Well aware of the non -enforcement of existing laws, men in the U.S. and Scotland assumed, and they were largely correct, that it was unlikely that laws against prostitutionwould be enforced against them. Table 1. Responses of 113 Chicago Men and 110 Scottish Men To The Question: "What Would Deter You From Buying Sex?" Consequence Chicago Scotland Being Added to a "sex offender" registry 92% 89% Photo and/or name in local newspaper 87% 84% Jail time 83% 79% Photo and/or name on a billboard 83% 86% Photo and/or name on internet 82% 78% A letter sent to your family saying you were arrested for soliciting a woman in prostitution 79% 77% Driver's license suspended 76% NA Greater criminal penalty 75% 72% Car impounded 70% 70% Higher monetary fine (more than $2,500 with no sliding scale) 68% 69% Community service 58% NA Required to attend educational program for men who buy prostitutes 41% 56% 6 In Scotland, in-depth interviews were conducted with 1 10 Scottish punters, as johns are called there. 80% bought sex indoors, 56% outdoors. One-fourth to one-third of the men interviewed endorsed rape -tolerant attitudes, strongly suggesting that myths that johns are harmless may not be accurate. Scottish interviewees were asked about the extent to which their identity as men was based on valuing psychological and sexual dominance and about their suspiciousness and resentment toward women. Taken together, these constructs constitute hostile masculinity. Respondents were also asked questions about their acceptance of and justification for prostitution. Men who were most accepting of prostitution were those who most strongly identified with hostile masculinity. On a scale that assessed sexually coercive behaviors such as verbally or physically threatening a partner or using physical force in order to obtain sexual intercourse, 54% of the men who frequently used women in prostitution were found to have committed sexually aggressive acts against non -prostitute partners, compared with 30% of the less frequent users.. The more frequently a john used women in prostitution, the more likely he was to have committed sexually coercive acts against non -prostituting women in his life. See http://www.prostitutionresearch.com/c-prostitution-research.html for the study. In September 2008, the .United Kingdom Home Secretary announced new legal policies to diminish prostitution. These included removing the requirement that only johns who repeatedly persisted in solicitation of prostitution could be prosecuted. Instead, any man soliciting on the street could be prosecuted after a first offense. Police were also given the power to close down a brothel for at least 3 months if a pimp or trafficker was involved in the prostitution. Decisions of local communities were given more weight in determining whether or not a strip club or lap dance club could open in their neighborhood. Finally, the new UK policies included the provision that any john who used a woman who had been pimped or trafficked ("controlled for another person's gain") could be prosecuted. (See Nicholas Watt, UK to Tighten Laws & Plan Against Prostitution. UK Guardian, September 22, 2008 http://www.guardian.co.uk: 80/politics/2008/sep/22/labourconference.labourl ?gusrc=rss& feed—society). 6. Republic of Korea's laws have been effective in shutting down red light districts and decreasing prostitution Korean law criminalizes buying and selling sex acts, levying fines against customers of prostitutes. In 2004, following an educational campaign by women's and human rights groups, the Korean government enacted two landmark laws against prostitution. The laws provide that victims' debts to their employers are invalid and punish those who use threats, violence, or debt bondage to force people into prostitution. The laws authorize seizure of assets obtained by trafficking in women, increase penalties for trafficking and prostitution, establish supports and resources for prostituted/trafficked women, and provide funds for public education campaigns about prostitution. The passage and subsequent enforcement of these laws has been credited with a 37% reduction in the number of brothels in Korea, a 30-40% decrease in the number of bars and clubs (which comprise 80% of the sex industry in Korea), and a 52% decrease in the numbers of women prostituted in brothels. See Melissa Farley and Sungjean Seo (2006) Prostitution and Trafficking in Asia. Harvard Asia Pacific Review 8(2) 9-12. 7 7. New York State's new antitrafficking law protects those in both domestic and internationally -originated prostitution and increases penalties for johns. Under New York's 2007 anti -trafficking legislation, sex trafficking is a Class B felony, which could entail up to 25 years in prison. The New York antitrafficking law increases the penalties on patronizing prostitution, which went from a B to an A misdemeanor, and clarifies the existing New York law on sex tourism. The New York law also provides trafficking survivors with a range of comprehensive services such as emergency housing, healthcare, drug addiction treatment, translation services, job training, and services related to immigration protection. It also requires law enforcement to coordinate with the federal government to assist victims in obtaining special visas that allow them to remain in the United States and eventually become eligible for refugee assistance. Finally, this law creates an interagency task force to recommend best practices for training and outreach to the law enforcement community and to service providers, as well as to gather data on the number of victims and effectiveness of the new law. See,http://www.stophumantraffickingny.org/about/ and http://www.ny.gov/governor/press/0606071.html and http://www.criminaljustice.state.ny.us/legalservices/programbill_s5902.htm. S. Targeting social networking sites that are widely used by pimps to sell women and children to johns would reduce trafficking for prostitution. Social networking sites include for example FaceBook, MySpace, Craigslist, Flickr, Stickam,Yahoo, and Espin the Bottle. Craigslist is used by johns, pimps and traffickers in San Francisco. Traffickers and slave -traders use live auctions on the world wide web to sell women and children in real time. In any city in the world, organized criminals who sell women and children in prostitution now advertise directly on the Internet. 9. We recommend a significant increase in the services that are essential for women, men, the transgendered, and children to escape and exit prostitution. Ninety percent of people in prostitution want to escape it, regardless of whether they are domestically or internationally trafficked. 75% of those in prostitution are currently or previously homeless, making housing a necessity. Until they have secure housing --which is what pimps and traffickers offer them --other services are less effective. Medical and psychological services, followed by vocational rehabilitation with job placement, are also crucial. The vocational rehabilitation must be provided by staff with expertise in working with chronically sexually traumatized populations. Funding for, and close coordination with, culturally relevant services, including residential services for those trafficked for prostitution, are critically needed. Asian Women's Shelter, la Casa de Las Madres, Cameron House, Riley House, Safe House and SAGE are examples of local services that already possess expertise in this area. 10. International agreements provide a basis for law and policy against prostitution and trafficking in San Francisco. Two international agreements clearly oppose prostitution and trafficking. Declaring that trafficking and prostitution are incompatible with individual dignity and 8 worth, the 1949 UN Convention addresses the harms of prostitution to adult women whether or not they were transported across national boundaries. "Consent" is not relevant. A second United Nations document, the 2000 Palermo Protocol to the Organized Crime Convention, views trafficked women as victims, not criminals, and declares that consent is irrelevant to whether or not their trafficking has occurred. It defines trafficking to include abuse of power and conditions of vulnerability as well as the use of force, fraud, or coercion. It encourages states to develop legislative responses to men's demand for prostitution, as Sweden has, and establishes a method of international judicial cooperation that would permit prosecution of traffickers and organized criminals. eot ADULT ENTERTAINMENT LEGISLATIVE RECORD by Londi K. Lindell, Federal Way City Attorney Washington Courts have long upheld a City's right to adopt regulations to address the secondary effects of adult entertainment. At the time a City Council considers adopting an adult entertainment ordinance or amendments thereto, a legislative record must be created establishing that the Council considered such secondary effects including increased crime, reduction in property values, destruction of the quality of the environment of neighborhoods, and/or increased municipal expenses, such as police services. In reviewing the large body of Washington case law on the enforceability of adult entertainment ordinances, a frequent challenge by counsel for such facilities or entertainers is that the City Council did not adequately consider such secondary effects and did not make proper findings to support the adoption of the ordinance. Thus, it is important to create a legislative record to rebut such arguments. The City of Federal Way recently amended its Adult Entertainment Ordinance. The City Council considered a legislative record of over seven hundred (700) pages. I obviously have not attached a copy of the entire legislative record. However, 1 have attached a copy of my memorandum to the City Council which summarizes the legislative history and cover indexes to each of the separate sections of the history. The Washington Supreme Court has held that a City may rely on evidence generated by other jurisdictions in connection with adopting an ordinance so long as such evidence is believed to be relevant to the problem the City is seeking to address within the ordinance. World Wide Video. Inc. v. The City of Tukwila, 117 Wn.2d 382 at 389-390, 816 p.2d 18 (1991); See also Renton v. Playtime Theaters, Inc., 475 U.S. 41 at 51, 89 L.Ed.2d 504, 111 S.Ct. 2456 (1986). The City of Federal Way considered the secondary effects, such as criminal activity occurring in conjunction with adult entertainment facilities in the cities of Bellevue, Tukwila, Kent, and Bothell, Washington. The city Council, reviewed an undercover video tape of a table dance, copies of police incident reports and criminal citations for prostitution and violations of adult entertainment standards of conduct. 10b -I 1' In conclusion, the defensibility of a City's adult entertainment ordinance is greatly facilitated by a complete and adequate legislative record establishing that the City Council considered the secondary effects of adult entertainment in the adoption of the ordinance. K: \MEMOWSAMAI. £WT 10b-2 CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: August 9, 1995 TO: Mayor Gates and City Councilmembers FROM: Londi K. Lindell, City Attorney SUBJECT: Adult Entertainment Code Amendments I. BACKGROUND On June 1, 1995 and July 13, 1995, the Public Safety/Human Services Council Committee heard testimony regarding enforcement difficulties experienced by the King County Police Department in connection with the City's existing adult entertainment ordinance. The testimony was that the existing adult entertainment laws have proven ineffective in controlling illegal behavior. The City Attorney was instructed to draft amendments to the City's existing adult entertainment code in order to more effectively detect the large volumes of criminal activity occurring within such establishments, while recognizing legitimate and constitutionally protected expression. The Public Safety/Human Services Council Committee reviewed the proposed amendments at its July 13, 1995 meeting, and moved to forward the Ordinance attached hereto as Exhibit "A" ("Ordinance") to the full City Council at the August 1, 1995 meeting, recommending approval. On August 1, 1995, the City Council had a first reading of the Ordinance and heard testimony from the City Attorney and King County Police Detective J. P. Covey. The proposed amendments specifically address the fact that various types of criminal activity continue to occur within the City, notwithstanding the existence of the City's adult entertainment laws. The record reflects that there has never been an instance when an undercover officer has entered an adult entertainment establishment in the City when a criminal act was not occurring. The record further reflects that the City has insufficient police resources to continue ongoing undercover investigations at these establishments. lOb-3 du Memo to Federal Way City Council Res Adult Entertainment Code Amendments August 9, 1995 Page 4 The proposed amendments include a minimum four foot (4') separation between an entertainer and a patron during couch or table dances, a minimum lighting requirement, and a minimum distance of eight feet (8') between an entertainer on a stage and a patron. These amendments specifically address the fact that proximity between entertainers and patrons during adult entertainment performances can facilitate sexual contact, prostitution and related crimes and address the enforcement problems and ongoing criminal activity discussed above. Various ordinances and legal documents from other jurisdictions have been placed in the record, which demonstrate secondary effects of adult entertainment and other means to address adult entertainment. Other jurisdictions have taken a much harsher approach to adult entertainment than the proposed Ordinance, including absolute bans on one-on-one performances (commonly known as "couch" or "table" dances) between an adult entertainer and a patron. However, the Ordinance will be sufficient to deter criminal behavior, without limiting the entertainers' ability to express themselves in any material manner. However, if the criminal activity continues after implementation of the Ordinance, 1 may recommend additional measures, including a ban on such one- on-one performances. This Ordinance, once implemented, will not only deter criminal activity, but it will also simultaneously protect the entertainers' ability to express themselves, help protect entertainers from assault and other potentially unwelcome physical contact from patrons, and provide adult entertainment management with useful tools to assist in detecting criminal violations. I1. SECONDARY IMPACTS The City's adult entertainment ordinance seeks to mitigate the secondary impacts of adult entertainment uses. Such secondary effects include increased crime, reduction in property values, deterioration of the quality of the environment of neighborhoods, lessening of the suitability of certain areas for children, seniors or other groups, and/or increased municipal expenses such as police services. The purpose of this section is to examine the experience of Federal Way, and other communities, and the literature on the subject of secondary impacts. The Washington Supreme Court has held that a City may rely on evidence generated by other jurisdictions in connection with the adoption of an ordinance so long as such iOb-4 Memo to Federal Way City Council Re: Adult Entertainment Code Amendments August 9, 1995 Page 5 evidence is believed to be relevant to the problem the City is addressing. 1. Incidence of Crime. While it can be debated whether exposure to pornography causes delinquent or criminal behavior (see bibliography for research studies), police research, as described below, shows a linkage between crime rates and areas which contain concentrations of adult entertainment uses. A. The City of Federal Way. The City of Federal Way has experienced criminal activity in connection with the operation of Deja Vu, an adult entertainment facility located at 31656 Pacific Highway South, Federal Way, Washington 98003. Criminal activity has also occurred in connection with the operation of X --Otic Tan, an adult entertainment facility located at 29500 Pacific Highway S., Federal Way, Washington. The video tape which will be shown this evening is representative of the type of criminal activity which is occurring at Deja Vu in Federal Way. Please also see attached Exhibit Entertainment Documents: 11$01 Federal Way Adult • Declaration of J. P. Covey from the King County Police Department; • Summary of Prior Arrests at Deja Vu; • Copies of 24 criminal complaints filed in Federal Way District Court covering crimes which occurred at Deja Vu over the five (5) month period of March, 1995 through July, 1995; ® Copy of Federal Way Hearing Examiner Findings of Fact, Conclusions of Law and Decision regarding X -Otic Tan dated September 30, 1994; ® Resolution No. 94-189 of the Federal Way City Council regarding the revocation of X -Otic Tan's business registration; and ® Copies of King County Police Officer Reports in support of X - Otic Tan revocation. B. City of Bellevue: The City of Bellevue, Washington had similar experiences with Papagayos and Babes adult entertainment clubs. The Bellevue police investigation revealed a high incident of criminal activity related to primarily prostitution and violations of Bellevue's adult entertainment ordinance. See 10b-5 Memo to Federal Way City Council Re: Adult Entertainment Code Amendments August 9, 1995 Page 6 attached Exhibit "C" City of Bellevue Adult Entertainment Documents: • City of Bellevue Adult Entertainment Ordinance; • Pleadings from Ino Ino, Inc. v. City of Bellevue, King County Superior Court Cause No. 95-2-02025-9, including Amended Findings of Fact and Conclusions of Law; and • Supporting Declarations filed in the Ino Ino case. C. City of Tukwila: The City of Tukwila, Washington had similar experiences with Deja Vu in Tukwila. Deja Vu, Tukwila is owned by the same owners as the Deja Vu, Federal Way and provides stage dancing, table and couch dances. Tukwila police investigations conducted in the summer of 1994 resulted in over 500 criminal convictions relating primarily to sex crimes such as prostitution. The 500 convictions included 70 convictions for prostitution. See Police Incident Reports representative of the 500 convictions attached hereto as Exhibit "D" City of Tukw .1a Adult Entertainment Documents. D. City of Kent: The City of Kent, Washington had similar experiences with the Roadside Inn Tavern. Prior to its forced closing, the Roadside Inn offered topless dancing and table dancing. Kent police investigations conducted in the summer of 1981 revealed 'a very high incidence of criminal activity at the Roadside, related primarily to sex crimes (prostitution) and drug related, offenses. As a result of 57 hours of on -premise investigation, 162 charges were brought against 21 persons by the Kent Police Department. The report filed by the police stated: "The total time involved, and the number of charges, break down to a time expenditure of slightly more than 20 minutes per charge, attesting to the relative ease by which the subject of prostitution arises within an environment such as the Roadside." In September, 2981, the Roadside Inn Tavern was closed by the City of Kent. The City of Kent recently adopted an ordinance which bars any one-on- one performances such as table dances. E. City of Bothell. Bothell's experiences with Mama Hoopah's in 1982 demonstrated a similar association between the use (an adult dance hall) and the occurrence of crime. Research by the Bothell Police Department also demonstrated the regional attraction that such an establishment can have. In ane investigation of the 321 vehicles checked, 8 were registered in Bothell with most of the remainder from the Puget Sound regions, though others had out of state registration. This is potentially significant in that nonresidents of an area may be less inhibited in their personal behavior when away from their community. Nonresidents may also be 10b-6 Memo to Federal Way City Council Re: Adult Entertainment Code Amendments August 9, 1995 Page 7 unaware of the needs or concerns of residents/owners of areas adjacent to the adult entertainment use. F. City of Detroit. Between 1969 and 1972, the number of adult theaters in the City of Detroit increased from 2 to 18 and the number of adult bookstores rose from 2 to 21. During the same period, the incidence of crime in and around these establishments increased dramatically. The high incidence of crime together with the blighting of skid row effect of proliferating adult businesses led Detroit in 1972 to adopt stringent locational regulations for adult uses. G. City of Cleveland. Similar to Detroit, the City of Cleveland experienced a rapid increase of adult uses during the early 1970's. Unlike Detroit, Cleveland kept detailed crime statistics by census tract and by location of adult businesses. In 1976, 26 adult businesses (8 theaters and 18 bookstores) were located in Cleveland's 204 census tracts. The same year, the two census tracts having the highest rates of crime had a total of 8 pornography outlets. Cleveland Police statistics showed that during 1976 there was an average of 20.5 robberies per census tract. In the 15 census tracts which contained adult businesses, the average was nearly double at 40.5 robberies. A single census tract which contained 5 pornography outlets and a population of only 730 persons had a total of 136 robberies. The statistics for rape echoed the same pattern as for robbery. The citywide average of rape in Cleveland in 1976 was 2.4 census tract. In the 15 census tracts containing pornography outlets, the rate was double that. The foregoing police records in the City of Federal Way and other jurisdictions identify a clear linkage between the incidence of criminal activity near and in association with adult entertainment establishments. 2. Other Secondary Impacts. Attached as Exhibit "E", Adult Entertalxnment Studies from Other Jurisdictions, are studies performed in Kent, Washington; Bellevue, Washington; Austin,'Texas; Minnesota; and Indianapolis, Indiana, of the secondary impacts of adult entertainment uses. Many of these studies conclude that adult uses result in a reduction in property values of surrounding properties. These studies also conclude that adult uses are incompatible with residential, educational and religious uses. Finally, the City of Federal Way has experienced the secondary effect of the drain on municipal resources by having lab -7 Memo to Federal Way City Council Re: Adult Entertainment Code Amendments August 9, 1995 Page 8 to allocate disproportionate police resources to adult entertainment businesses. III. DEJA VU LEGAL MEMORANDUM IN OPPOSITION TO AMENDMENTS At the August 1, 1995 Council meeting, Jack Burns, legal counsel for Deja Vu submitted a memorandum to the City Council containing certain legal theories and analysis. This section is in response to his allegations. 1. Entitled to Pull Constitutional Protection. A clear error in Jack Burns' analysis is his statement that there can be "no question that this form of expression is entitled to the full protection" of the First Amendment in Article 1, Section 5 of the State Constitution. Just this year, in JJR. Inc. v. City of Seattle, 126 Wn.2d 1 (1995), the State Supreme Court stated that nude dancing "remains far from the core of protected expression of and that ". . . nude dancing performed at an adults -only nightclub clings to the edge of protected expression." Also, a number of state court decisions, including the recent Superior Court decision on the Bellevue ordinance, characterized much of the activity at adult entertainment clubs as "conduct" and not protected expression. Sexual conduct is entirely outside the protection of the First Amendment and Article 1, Section 5 of State Constitution. 2. Tipping. The tipping provisions proposed for Federal Way are the same as in the Bellevue ordinance. These were upheld in the Ino Ino Superior Court decision by Judge Schapira (CL 33), citing Key. Inc. v. Kitsap County, 743 F.2d at 1061-62. Jack Burns refers to two problems he sees with the provision: (1) it would make the adult entertainers "employees," rather than "independent contractors," and (2) it would constitute a ban on tipping such as was found unconstitutional in the Snohomish County case he cites, PD&MK, Inc. v. Snohomish County, King County No. 87-2-04201-4. Neither of these concerns is valid. As to the first, the City has a right to regulate time, place and manner of handling cash transfers between the patron and dancers. This was established in Kev. Inc. v. Kitsap County. As to the dancer's "independent contractor" status, they could continue as independent contractors, but the ordinance requires that their tip be placed in a separate container and not placed on the entertainer's body. In addition, virtually every court which has considered this issue --and many have in a wage and hour law context -has found the dancers to be 10b-8 Memo to Federal Way City Council Re: Adult Entertainment Code Amendments August 9, 1995 Page 9 employees, not independent contractors (see, e.g.. Reich V. Priba Corp., D.C. No. Texas, No. 3:91 -CV -2786-G, 3/27/95). On the second -point, Mr. Burns' analysis is also incorrect. In the Snohomish County case, the trial judge, Susan Agid, upheld a total prohibition of tipping as to nude dancing. As to non -nude dancing, i.e., table dancing, Judge Agid said only that "a prohibition on tipping" would not be permissible. She went on to say that ". . . there may well be other methods of payment available, which will have to be developed to pay for erotic dances of all kinds under the ordinance . . .". The proposed amendments do not prohibit tipping. The amendments establish an alternative method of payment, and the same provision has already been upheld in the recent challenge to the Bellevue ordinance. It should also be noted that Judge Agid stated that the prohibition of tipping for nude dancing served a "compelling" state interest. (CL 15.) 3. Time Place and Manner Regulation. The cases cited by Mr. Burns on page 2 of his memo concerning "subject matter restrictions imposed upon speech" are not applicable in this situation. The Collier V. Tacoma case he cites, 121 Wn.2d 737 (1993), is not on point. The State Supreme Court in Collier stated that the Tacoma ordinance requiring prompt removal of political campaign signs in residential areas was content based. 121 Wn.2d at 752.. This puts the ordinance in a fundamentally different category than time, place and manner regulations of adult entertainment, which have been consistently upheld as content neutral so long as they focus solely on regulating the secondary effects of adult entertainment and not on censoring its content. Renton v. Playtime Theaters, -IPc., 475 U.S. 41 (1986). And, on the state law front, the Washington Supreme Court has, as noted above, characterized nude dancing as a marginal expression clinging to the edge of constitutional protection. In contrast, the subject matter regulated in Collier --political yard signs --is pure expression at the very core of the First Amendment and state constitutional protections. In any event, the public interests involved in regulation of adult entertainment qualify as compelling state interests. Even the 1987 Superior Court case concerning the Snohomish ordinance, cited by Mr. Burns on page 4 of his letter, found that the public interest in preventing crime, prostitution and sexually transmitted disease associated with unregulated adult entertainment can qualify as compelling state interests. lab -9 Memo., to, Federal. Way. City Council Re:' Adult Entertainment Code Amendments August 9,,; 1995 Page,. 10 4°. Narrowly:. Tailored:-' Mr. Burns cites several U.S.. Supreme Court cases,as well as 'a couple of state law cases for the doctrine of. "narrowly tailored", ordinances. Mr. Burns" analysis, however, is generally off the; ,nark: "Narrowly- tailored" does not mean, that the -least restrictivealternative bust be employed. ° Narrowly` tailored means := only that„ the 'activitieswhich are burdened.. by the, regulatory, measuremust be,, those that- are creating the. problem. - For example, -if a ,Municipality ° wishes to preventsexual contact between patrons,. and dancers;., a .:'regulation: prohibiting all live entertainment:. within, . the City , limits., would not:.., be narrowly tailored.. However,; as, long = as the municipality, focuses on the particular,- activity -,causing the problem, =such- as table' dancing -at a. club., like, Deja; Vu,,° the, courts will .not ' second- guess' how the municipality.' -chose to accomplish its_: time; place and manner regulation: ,SO, . ; long. ,ti as ,the ; means' chosen - are not substantially broader,: than necessary to'; achieve':- the' 'government's`'. interest, however, the -regulation will riot be,, invalid:'. simply because,' a ` court concludes • that the governiment.'s::= interest'.' 'couldth, be adequately served, ?..b some less -speech '..: Y ; x P h : restrictive ; alternative:•„ ., ...< � , ,, , . . Ward' v-:'" Rock- Against=' Racism, 49 U S' 78_1;105:L.. Ed`: 2d at " 681 (1989)'. See also,; United States 4 v: Albertin.i, 472' U. S: 675, 689'-` (1985) .(least restrictive ,alternative not required under O'Brien analysis).- Burns' nalysis) Burns' reference,to thea Worldwide.. Video v.' Tukwila- case is likewise not. on "point.' The problem isfi Worldwide Video was that, the Tukwila ordinance defined.,, as'-, adult, entertainment_ even- businesses with as "little as, .YO%' of -their stock-, consisting of X-rated' materials: -This definition>•would, include.: mainstream video and bookstores, The City was unable ,to demonstrate that. such 'businesses' were'.likely to -have the' kind of secondary:, impacts, that legally justify time,, place and manner regulation This is not thecase• when regulating live entertainment clubs like: Deja Vu. The kind of adult entertainment they_ present,, is. well documented•• as:, the type- frequently associated, with, adverse ,secOndary, effects. 4 ` 5 Increase in Stage'Separation. The' existing "adult. entertainment- regulation required the' stage be' 18 • inches high arid 6: feet from': the Memo to Federal Way City Council Re: Adult Entertainment Code Amendments August 9, 1995 Page 11 nearest patron. The proposed ordinance now reads 18 inches high and 8 feet separation.1 Judge Schapira found that Bellevue's stage dimensions and distances (identical to Federal Way's proposed dimensions and distances) adequately "allowed entertainers to convey their erotic, sensual message . . ." ;no Ino, Inc., FF25. She also found that the 8 foot separation (and 36 inch rail) was established by Bellevue after a test showed this distance prevented a "seven footer" from possibly touching a nude dancer on stage. Ino Ino, Inc., FF10_ The increase from 6 feet to 8 feet for nude dancing on stage also makes sense since non -nude table dancers must be 4 feet from patrons. 6. 2:00 A.M. Closinci. The 2:00 A.M. closing hour is from the original ordinance and is not proposed to be amended. However, this closing hour is consistent with the closing time for bars. The City's concern is that inebriated bar patrons would travel to and enter adult clubs if the clubs remained open past 2:00 a.m. There was testimony on this in the Ino Ino case, and Judge Schapira recognized the 2:00 a.m. closing as a content -neutral time, place and manner regulation. (Cause No. 95-2-02025-9, FF44 and CL 34.) IF. CONCLUSION After the City Council's consideration of all the evidence in the record, including the secondary effects of adult entertainment establishments, staff recommends that the City Council enact the Ordinance. K:\COMMEM \ADULTENT.815 Note that Mr. Burns is incorrect where he alleges on p. 3 of his letter that under the proposed ordinance "all dancing" must occur on a stage separated 8 feet from any patron. Only nude dancing is required to be on the stage. Non -nude table dancing may occur 4 feet from the patron. 10b-11 Alarm Systems Yakima Municipal Code — includes no mention of alarm systems of watchers to sound an alarm when police are approaching Oak Harbor Municipal Code - 5.20.320 - Alarm system at entrance - Unlawful. It is unlawful for any person to construct or cause to be constructed, or to suffer or permit to continue or be maintained, any alarm or system of alarms in connection with the entrance or entrances leading to any room or place in any adult entertainment establishment. 5.20.330 - Warning of approach of police - Lookouts. It is unlawful for the owner or any person having the management or control or charge of, or in the employment of the owner of, any place in the city of Oak Harbor, or where an adult entertainment establishment is maintained, to employ, station,'post, keep, maintain, suffer or permit any person or persons at or near the entrance or entrances thereto, or in any place so as to command a view of the approach thereto, for the purpose or with the object of giving any advice, information or warning in any manner whatsoever that police officers are approaching, are about to enter, are entering, or have entered such place. 5.20.340 - Warning that police are approaching - Unlawful. It is unlawful for any person to give any advice, information or warning, in any manner whatsoever, that police officers are approaching, are about to enter, are entering or have entered, any place in the adult entertainment establishment. 5.20.350 - Presence in place where warning given. It shall be unlawful for any person to be with one (1) or more other persons in any adult entertainment establishment, when , with the knowledge of such person at such time any person is employed, stationed, kept, maintained, suffered or permitted at or near the entrance or entrances thereto or in any place so as to command a view of the approach thereto, for the purpose or with the object of giving any advice, information or warning in any manner whatsoever that police officers are approaching, or are about to enter, are entering, or have entered, such place. 5.20.380 - Permitting alarm system unlawful. It shall be unlawful for the owner of, or any agent or other person or persons having the charge or rental of, any premises occupied by any adult entertainment establishment, to knowingly suffer or permit to be constructed, or to be continued or maintained, any alarm or system of alarms in connection with the entrance or entrances leading to any room or place in such adult entertainment establishment. Since the purpose of these types of alarm systems is to thwart the efforts of the police in enforcing the ordinance, we think it is worthy to consider including similar information in the Yakima Ordinance. Barriers Yakima Municipal Code — includes no mention of railings or barriers between dancers and patrons To prevent the encroachment of patrons onto the stage area, several cities in Washington include a barrier/railing between dancers and patrons. Mulkiteo - 5.06.200 Regulations specifically applicable to adult cabarets. B. Separation of Entertainers From Patrons. No ... A continuous fixed -barrier railing, of sufficient construction to prevent encroachment by patrons onto the stage, at least three feet In height and located at least ten feet from all points of the stage, shall separate the stage from all patron areas. Bellevue — 5.08.070 Standards of conduct and operation — Adult cabarets. D. Premises — Specifications. 1. Performance Area. A continuous railing at least three feet in height and located at least eight feet from all points of the performance area shall separate the performance area and the patron seating areas. Renton — 5-12-21 Facility Specifications for Adult Entertainment Businesses Providing Adult Live Entertainment: A continuous railing at least three feet (3') in height, attached to the floor, and located at least six feet (6') from all points of the adult live entertainment performance area shall separate any performance area and patron areas. Renton - 5-12-24 Standards of Conduct Applicable to Employees, Entertainers, Patrons and Customers in Adult Entertainment Businesses Providing Adult Live Entertainment: 2. No patron or customer shall go into or upon an adult live entertainment performance area. Snohomish County — 6.25.115 Additional requirements for adult entertainment dance studios. Every adult entertainment dance studio shall be physically arranged in such a manner that: (1) Performance Area.... A continuous railing three to five feet in height above the floor and located at least six feet from all points of the performance area shall separate the performance area and the patron seating areas. Since the protection of the dancers is of primary importance, we would like to ask that the inclusion of a barrier or railing between the dancers and customers be added to the Yakima ordinance. Further we would like the Yakima ordinance to specifically state clearly that no customers can go up on the stage or any other performance area. Entertainer's License Yakima Municipal Code - 5.30.070 Entertainer—License issuance. A. It is unlawful for any person to be employed as or act as an entertainer, as defined in Section 5.30.010 (3), unless that person is the holder of a valid entertainer's license issued pursuant to this chapter. The fee for an entertainer's license shall be one hundred dollars per calendar year, or portion thereof. Application for such license or renewal shall be made to the code administration manager. B. All applications and requirements for issuance of an entertainer's license shall be the same as for a manager license, as set forth in Section 5.30.060, except that any license issued under the provisions of this section shall be valid for employment in any adult entertainment establishment licensed under this chapter. C. If the code administration manager finds that such application for license or renewal is in proper form, the code administration manager shall refer all applications with photographs to the chief of the Yakima police department who shall cause an investigation to be made of the applicant, including the statements in the application, and who shall furnish a report to the code administration manager of the results of such investigation, including a recommendation as to whether a license should be issued. 5.30.060 Manager—License issuance. All applications for issuance or renewal of a manager's license shall be made to and filed with the code administration manager on forms furnished by the code administration manager for such purpose, and be accompanied both by a certified copy of applicant's birth certificate and a color photograph of the applicant approximately one inch square.... This application shall state the true name of the applicant and any other names the applicant may have used, together with such other information as the code administration manager may deem necessary or desirable for the purpose of enforcing or otherwise administering this chapter. Other Cities' Requirements: Bellevue: a. The applicant's name, home address, home telephone number, date and place of birth, fingerprints taken by Bellevue police department employees, social security number, and any stage names or nicknames used in entertaining. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions. e. A description of the applicant's principal activities or services to be rendered. f. Two two-inch by two-inch photographs of applicant, taken within six months of the date of application, showing only the full face. g. Authorization for the city, its agents and employees to investigate and confirm any statements set forth in the application. Renton: A. The applicant's name, any aliases or previous names, any stage names or nicknames used in entertaining, home address, home telephone number, date and place of birth, and optional disclosure of Social Security number. B. Whether the applicant had any criminal activity, defined herein, within a five (5) year period immediately preceding the date of the application, and, if so, the criminal act involved and the date and place of the criminal activity. C. The names and addresses of all employers or individuals or businesses for whom the applicant was an employee or independent contractor for the period of two (2) years immediately prior to the application date, and the time period of such employment. D. The name and address of each adult entertainment business at which the applicant intends to work as an entertainer. E. "Satisfactory documentation," as defined herein, that the applicant is eighteen (18) years of age or older. F. Evidence of the applicant having been fingerprinted from the Police Department. Kent: All applications for a manager's or entertainer's license shall be signed by the applicant and notarized or certified to be true under penalty of perjury. 1. The applicant's name, any aliases or previous names, home address, home telephone number, date and place of birth, driver's license number, if any, social security number and, for entertainers, any stage names or nicknames used in entertaining. 2. The name and address of each business at which the applicant intends to work. 3. Documentation that the applicant has attained the age of eighteen (18) years. 4. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county or state, except parking violations or minor traffic infractions. 5. A description of the applicant's principal activities or service to be rendered. 6. Resident addresses and telephone numbers for the period of three (3) years immediately prior to the date of application specifying the period of residence at each address. 7. The names and addresses of employers or individuals or businesses for whom the applicant was an employee or independent contractor for the period of three (3) years immediately prior to the date of application, including the period of employment. 8. Two (2) two (2) inch by two (2) inch color photographs of each applicant, taken within six (6) months of the date of the application, showing only the full face of the applicant. The photographs shall be provided at the applicant's expense. Alternatively, the applicant may be required to submit to a photograph taken at the direction of the clerk. 9. Complete sets of fingerprints of each manager and entertainer on forms prescribed by the chief of police. 10. Authorization for the city, its agents and employees to investigate and seek information to confirm any statements set forth in the application. The license application is the first time that city officials will come into contact with dancers. It is a crucial moment to ensure that the police have been provided all information needed for their background check and that the dancer is fully aware of all provisions in the ordinance. The issuance of this license is as important as (or more important than) the issuance of a food handler's permit, which requires materials be given to the applicant and testing to ensure that the information in the materials are understood. We would like to suggest that full and complete information needed in the application be detailed in the Yakima ordinance. The primary goals of seeking this information are to determine identity, verification of age and determination of any past criminal history. We further ask that as a part of the application process, the applicant appear for an in-person interview with a police officer. At the time of this interview, the police officer will provide a copy of the current ordinance and explain relevant parts that relate to dancer and customer behaviors controlled by the ordinance. The officer may also ask a pre -determined list of questions to try to determine if the dance has been lured, forced, coerced or trafficked. We ask that the cost of the manager's and entertainer's license be reviewed to ensure that the full cost to process the license and conduct the police interview and background check is paid by the business making the application and therefore not subsidized by the taxpayer. Inspection Yakima Municipal Code - 5.30.050 Inspection. A. Any police officer of the Yakima police department may visit and inspect all portions of any dance studio which are open to the public or to which a person may gain entrance for a fee, charge or other consideration at any time when such establishment appears open for business for the purpose of ascertaining if such establishmentis being operated in compliance with this chapter and Section 6.04.375 of the Yakima Municipal Code. B. It is unlawful for a person to hinder or obstruct in any way an officer in the performance of his or her duty under subsection A of this section. (Ord. 2081 § 1 (part), 1977). Oak Harbor Municipal Code — 5.20.100 License — Posting and display 1. Every adult entertainer shall post his or her license in his or her work area so it is readily available for inspection by city authorities responsible for enforcement of this chapter. Kent Municipal Code — 5.10.010 - Findings of fact 6. 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, to ensure that such entertainers have not assumed a false name which would make regulation of the entertainer difficult or impossible and to ensure that such entertainers are not involved in criminal activity. We are concerned that the arrival of a known undercover cop may instigate the signaling to underage dancers that they need to leave public areas so that their age/identity isn't detected by the police officers who are there for an inspection. (see also separate notes on Alarm Systems) We'd like the city attorney to consider a provision that allows a female police officer to enter the dressing room of the strip club for the purpose of: verifying identity and age of dancers, verifying that all dancers present have valid entertainer's licenses. It would also be important to add that all entertainer's licenses must be posted in their dressing area, or other gathering area at all times, in order to aid in the inspection of their licenses. Interior Signage Yakima Municipal Code - 5.30.040 - Unlawful conduct 5. Conduct or operate an adult entertainment establishment unless a clearly readable sign is conspicuously posted at or near each public entrance to the studio, which sign is printed in letters at least one inch tall and which reads substantially as follows: THIS ADULT ENTERTAINMENT ESTABLISHMENT 15 REGULATED BY THE CITY OF YAKIMA; Bellevue Municipal Code - 5.08.070 Standards of conduct and operation — Adult cabarets D3. Signs. A sign at least two feet by two feet, with letters at least one inch high shall be conspicuously displayed in the public area(s) of the premises stating the following: THIS ADULT CABARET IS REGULATED BY THE CITY OF BELLEVUE. ENTERTAINERS ARE: A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON STAGE C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA Kent Municipal Code — 5.10.110 Specifications — Exotic dance studios. E. Signs. Signs of sufficient size to be readable at twenty (20) feet shall be conspicuously displayed in the public area of the establishment stating the following: THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF KENT. ENTERTAINERS ARE: (A) Not permitted to engage in any type of sexual conduct; (B) Not permitted to dance or appear nude, except on stage; (C) Not permitted to solicit or demand or to directly accept, or receive any gratuity or other payment from a patron. Similar (stronger) wording for signs (as above) can be found in the Municipal Codes of Snohomish County, Mulkiteo, Oak Harbor, and other cities. Larger sizes of font and sign size are specified as well. We would like to request that the - 5.30.040 section of the ordinance be revised to reflect these new standards for the posting of customer conduct provisions from the ordinance on the signs. We would further request that the ordinance require that a poster with the National Human Trafficking Hotline be posted in the dressing rooms. This is mandated by state law in several states now (California, Texas, soon in Oregon) and several other states are working on new legislation to support this national trend. Proximity of Dance to Patrons Yakima Municipal code - 5.30.040 Unlawful conduct. B7. A licensed entertainer, only, may be unclothed or in such attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the pubic hair, vulva, genitals, anus or buttocks, but only when upon a stage at least eighteen inches above the immediate floor level and removed by at least six feet from the nearest patron. B10. a. An entertainer mingling with a member of the public may not conduct a dance, performance, or exhibition on or about the nonstage area of the adult entertainment establishment unless that dance, performance, or exhibition is performed at a distance of at least four feet from the member of the public for whom the dance, performance, or exhibition is performed. The distance of four feet is measured from the torso of the dancer to the torso of the member of the public. Kent - 5.10.110 - Specifications — Exotic dance studios. A. Separation of adult entertainment performance area. The portion of the exotic dance studio premises in which dancing and adult entertainment by an entertainer is performed shall be a stage or platform at least twenty-four (24) inches in elevation above the level of the patron seating areas and shall be situated so that no dances, performances, or exhibitions by an entertainer shall occur closer than ten (10) feet to any patron. Mulkiteo — 5.06.200 Regulations specifically applicable to adult cabarets. B. Separation of Entertainers From Patrons. No entertainer shall appear to patrons except on a stage or platform at least twenty-four inches in elevation above the patron seating areas. The stage shall be separated by a distance of at least ten feet from all areas of the premises to which patrons have access. In Colacurcio v City of Kent, the 10 foot distance from patrons was ruled permissible under the First Amendment because it is justified without reference to the content of the regulated speech, prevents public sexual contact, and leaves open alternative channels for the protected speech. In D.C.R., Inc. v Pierce County — the court's requirement of a 10 -foot separation between the dancer and patron was found to be constitutional with the court holding that proximity is not an expressive component of erotic dance entitled to protection under either the First Amendment of the State Constitution. KEV, Inc v Kitsap County Upheld provisions which prohibited touching and require dancers to perform on a two -foot high stage 10 feet away from patrons. The trend towards increased distancing and protection of dancers is evident in ordinances from other cities, to create a better separation and wider "safe zone" between dancer and patron. We request that the Yakima ordinance be revised to include a stage height of 24 inches and a minimum distance of 10 feet between dancers and customers. Arap1Its Stripclubs According to Strippers: Exposing Workplace Sexual Violence Part 1, Typical Activities © Kelly Holsopple, 1998 holso002*tc.umn.edu Kelly Holsopple is a co-founder of the Metropolitan Coalition Against Prostitution in Minneapolis, Minnesota. Currently, she is a Program Manager for the Freedom and Justice Center for Prostitution Resources, Volunteers of America, Minnesota. She is the author of Pimps, Tricks and Feminists. INTRODUCTION The purpose of this paper is to investigate women's experiences in stripclubs and to describe the activities in stripclubs from the women's point of view. The format approach is collective story narrative with the author as part of the collective voice. The research was inspired by the author's experiences in stripping over the course of thirteen years. The author's intention is to examine the conditions of stripclubs by describing the fundamental way stripclubs are organized. The description features bar activities focused on stripper -customer interactions, survey data on sexual violence in stripclubs, and women's thoughts on stripping. THEORETICAL FOUNDATION Stripclubs are popularly promoted as providing harmless entertainment and as places where respectful men go to watch and talk to women (Reed 1997). Stripclub customers are described as normal men who use stripclubs to avoid adultery and therefor find a safe outlet for their sexual desires in balance with their marital commitments (Reed 1997). In contrast, stripclubs are criticized for being environments where men exercise their social, sexual, and economic authority over women who are dependent on them and as places where women are treated as things to perform sex acts and take commands from men (Ciriello 1993). Stripclubs are organized according to gender and reflect gender power dynamics in greater society. "Gendered spaces are social arenas in which a person's gender shapes the roles, statuses, and interpersonal dynamics and generates differential political and economic outcomes and interaction expectations and practices" (Ronai, Zsembik, and Feagin 1997:6). Stripclubs are more specifically organized according to gender inequality, which is perpetuated by gendered spaces and consequently sexualized (Ronai, et al 1997). The typical stripclub scenario displays young, nude or partially nude women for fully clothed male customers (Thompson and Harred 1992). The entire analysis of stripclubs is located within the context of men's domination over women. When organizations are produced in the context of the structural relations of domination, control, and violence, they reproduce those relations (Hearn 1994). These organizations may also make explicit use of gendered forms of authority with unaccountable and unjustifiable authority belonging to men (Hearn 1994). The stripclub elicits and requires direct expressions of male domination and control over women (Prewitt 1989). In order to dominate or control and secure men's domestic, emotional and sexual service interests, male dominated institutions and individual men utilize violence (Hanmer 1989). Furthermore, male dominated institutions and individual men "forge alliances and strengthen the notion of group masculinity and power through forced access to the female body" (Brownmiller 1976:211). Stripclubs turn acts of violence against women into entertainment and enterprise for men. Men associated with stripclubs use force and coercion to establish sexual contact with women in stripping and inflict harm upon the women. Violence against women is identified as physical, sexual, emotional, verbal, and representational, but all violence from men against women should be understood as sexual violence (Hearn 1994). This definition and the concept of a continuum are useful when discussing sexual violence, especially in stripclubs. Continuum is defined as a basic characteristic underlying many different events and as a series of elements or events that pass into one another (Kelly 1987). The common underlying element in stripclubs is that male customers, managers, staff, and owners use diverse methods of harassment, manipulation, exploitation, and abuse to control female strippers. LITERATURE REVIEW Despite a substantial amount of research on the topic of strippers, stripping, and stripclubs, none focuses on sexual violence in stripclubs perpetrated against strippers. Instead the studies focus on sociological and psychological profiles of the women and the women's strategies for interaction with customers. Articles that focus on the women investigate the cultural space of the female nude dancer, her performance and auxiliary roles, test identity theory within the socially devalued role of the exotic dancer, and explore the effect of self -discrepancy on stripteasers' emotional stability (Forsyth and Deshotels 1997; Reid, Epstein, and Benson 1994; (Peretti and 0' Connor 1989). Other articles about the women are concerned with contingencies for women's initiation and commitment to the deviance of striptease and with techniques topless dancers use to manage the stigma of a deviant occupation (Skipper and McCaghy 1970; Thompson and Harred 1992). Studies focused on stripper and customer relationships analyze counterfeit intimacy utilized by strippers and customers in interaction and performance and compare stripper and customer interactions with mainstream negotiationand sales strategies (Boles and Garbin 1974; Enck and Preston 1988; Ronai 1989). Although most studies mention male sexual violence and exploitation, the research regarding stripping fails to investigate and account for the problem of sexual violence in establishments that feature female strippers. The gap is the rationale for my study. METHOD Data for this research were obtained through interviews, a survey, and the researcher's participant observation while involved in stripping (Berg 1998; Babbie 1998; Lofland and Lofland 1984). Women in this study stripped in the local stripclubs in the Midwest metropolitan area where the researcher lives, in local nightclubs in the same area, in metropolitan and rural stripclubs and nightclubs across the United States, at private parties, in peep shows, and in saunas. The stripclubs featured a variety of attractions including topless dancing, nude dancing, table dancing, couch dancing, lap dancing, wall dancing, shower dancing, and bed dancing. In addition, some clubs had peepshows, female boxing and wrestling with customers, offered photographs of the dancers, or hired pornography models and actresses as headliners. The study was conducted in two phases. In 1994, I conducted free-flowing qualitative interviews for one to four hours each with forty-one women while I was still involved in stripping and compiled participant observer notes about the activities in stripclubs. The women ranged in age from nineteen to forty years old and were involved in stripping from three months to eighteen years. All of the women identified themselves as Caucasian. In 1996, I proceeded to design a twenty -six -question survey according to themes derived from the interviews to investigate sexual violence in stripclubs. My long-time involvement in the strip industry allowed an association with strippers that was invaluable for administering in-depth surveys regarding sensitive issues. The surveys were administered face-to-face to insure the information was indeed from the women in stripping. Again, the surveys and consequent discussions lasted from one to four hours. Many women explained that they had never talked about their experiences so extensively because no one had ever asked them the right questions. Participants were asked to say whether they had experienced different abusive and violent actions in stripclubs, to estimate how often each action happened, and then to identify which men associated with stripclubs perpetrated the action. The categories of men were defined as customer, owner, staff, and manager. Since I exited stripping, snowball sampling was employed to recruit the eighteen participants for the survey (Babbie 1998). Participants in the survey were asked to pass on postcards to other women. The range of ages was eighteen to thirty-five years old. The age of entry into stripping ranged from fifteen to twenty-three years old, with a mean age of eighteen years and ten months. The length of time the women in this study were involved in stripping ranged from three months to eighteen years with an average length of six years and seven months. Women predominantly identified themselves as Caucasian. Only one woman identified herself as Hispanic. Twelve of the women described their sexual orientation as heterosexual, two as lesbian, and four as bisexual. The survey data was analyzed on the Statistical Program for Social Sciences (Norusis 1988). After the data was compiled, a focus group of 4 women currently in stripping and with no prior association with the study positively evaluated the relevancy of the study and approved the collective story (Berg 1998). Statements in quotations throughout this paper are derived from the 41 interviews and the interviews that often followed the administration of the 18 surveys. PART 1: TYPICAL STRIPCLUB ACTIVITIES Recruitment Women find out about stripping from a variety of sources. Upscale stripclub franchises recruit in new cities by having managers and imported dancers scout in nightclubs. Most women find out about stripping from girlfriends already in stripping, male associates, the media, and some from prior involvement in prostitution. One woman told how she loitered in and around urban stripclubs to pick up customers when she was fifteen and how her pimp eventually drove her to small town strip bars because those bars admitted her and hired her. Someone else got involved in stripping through an escort service for bachelor parties. Another young woman who went to a gentlemen's club to pick up her friend recounted her recruitment as an eighteen -year- old. She waited at the bar, was served alcohol, and the owner asked to check her I.D. Instead of censuring her for drinking, he told her she would make $1000 per week and pressured her to enter the amateur contest that night. She won the contest, $300, and worked there time weeks before being recruited into an escort service by a patron pimp - In a typical hiring scenario women respond in person to a newspaper ad promising big money, flexible hours, no experience necessary. As an audition the club manager asks the applicants to perform on amateur night or bikini night, both of which are particularly popular with customers who hope to see girl -next-door types rather than seasoned strippers. The manager will make a job offer based on physical attributes and number of women already on the schedule. Clubs portray the job requirements as very flexible. Women are told that they will not be forced to do anything they do not want to do, but clubs overbook women so they are forced to compete with each other, often gradually engaging in more explicit activities in order to earn tips (Cooke 1987). Working Conditions Women in stripping are denied legal protection relating to the terms and conditions under which they earn their livings (Fischer 523). Most strippers are hired to work as independent contractors rather than employees. Most strippers are not paid a wage (Mattson 1995), therefor their income is totally dependent on their compliance with customer demands in order to earn tips. More often than not, the strippers have to pay for the privilege of working at a club (Cooke 1987; Forsyth and Deshotels 1997; Prewitt 1989). The majority of clubs demand that women turn over 40 to 50 percent of their income for stage or couch rental and enforce a mandatory tip out to bouncers and disc jockeys (Enck and Preston 1988; Forsyth and Deshotels 1997). Usually a minimum shift quota is set and the women must tum over at least that quota amount. If a woman does not earn the quota and wants to continue working at the establishment, she owes the club and must pay off that shift's quota by adding it to the quota for the next shift she will work. The stripclubs may also derive income from promotional novelty items, kickbacks, door cover charges, beverage sales, prostitution, and capricious fines imposed on the women. As independent contractors, strippers are not entitled to file discrimination claims, receive workers' compensation, or unemployment benefits (Fischer 1996; Mattson 1995). Club owners are free from tax obligations and tort liability. Owners pay no Social Security, no health insurance, and no sick pay. Some club owners require strippers to sign agreements indicating that they are working as independent contractors and many clubs require women to sign a waiver of their right to sue the club for any reason. Although strippers are classified as independent contractors, the reality of their relationship to their supervisors is an employee -employer relationship. Regardless of the agreements claiming independent contractor status, clubs maintain enormous control over the women. The club controls the schedule and hours, requires strippers to pay rental fees, tip support staff large amounts, and even sets the price of table dances and private dances. Clubs have specific rules about costuming and even dictate the sequence of stripping and nudity. For example, by the middle of the first song the woman must remove her top, she must be entirely nude by the end of the second song, and must perform a nude floorshow. All this regardless of whether customers are tipping her or not. A club may further influence dancers' appearances by pressuring them to shave off all their pubic hair, maintain a year-long tan, or undergo surgery for breast augmentation. At nude clubs, it is common for the performers to be shaved clean, giving them an adolescent and even childlike appearance. Clubs also exert significant control over the strippers' behavior during their shifts by regulating when women may use the bathroom and how many of them can be in the dressing room at one time. Some clubs do not provide seating in the dressing room and forbid smoking in that room, thus preventing strippers from taking a break. When a woman wants to sit down or smoke a cigarette, she must do so on the main floor with a customer. Clubs enforce these rules through fines (Cooke 1987; Enck and Preston 1988; Ronai 1992). Women are fined heavily by club management: $1 per minute for being late, as much as $100 for calling in sick, and other arbitrary amounts for "talking back" to customers or staff, using the telephone without permission, and touching stage mirrors. Women are fined for flashing, prostitution (Enck and Preston 1988), taking off their shoes, fighting with a customer, being late on stage, leaving the main floor before the DJ calls her off, not cashing in one dollar bills, profanity in music, being sick, not cleaning the dressing room, using baby oil on stage, dancing with her back to a customer (Enck and Preston 1988) and being touched by a customer. Despite the stripclub's representation of a dancing job as flexible, strippers attest that their relationship with the club becomes all consuming and everything associated with being a stripper interferes with living a normal life. And despite the common perception that a woman can dance her way through school, many strippers report that their jobs take over their lives. Long and late hours, fatigue, drug and alcohol problems, and out of town bookings make it difficult to switch gears. Not only do the women spend a significant amount of their time in stripclubs, the activities and influences from the club environment permeate their personal lives and detrimentally effect their well being. Although stripclubs are considered legal forms of entertainment, people unassociated with the industry are unaware of the emotional (Peretti and O'Connor 1989; Ronai 1992), verbal (Mattson 1995; Ronai 1992), physical (Boles and Garbin 1974), and sexual abuse (Ciriello 1993; Ronai 1992) inherent in the industry. Despite claims from management that customers are prohibited from touching the women, this rule is consistently violated (Enck and Preston 1988; Forsyth and Deshotels 1997; Ronai and Ellis 1989; Thompson and Han -ed 1992). Furthermore, stripping usually involves prostitution (Boles and Garbin 1974; Forsyth and Deshotels 1997; Prewitt 1989; Ronai and Ellis 1989; Thompson and Harrod 1992). Stripper -Customer Interactions Main Floor Stripclub activities are offered in public spaces or private rooms or other isolated parts of clubs (Forsyth and Deshotels 1997). The typical stripclub scenario presents young, nude or partially nude women mingling with fully clothed male customers. They circulate through the crowd, encouraging men to buy liquor, drinking and talking with men, and soliciting and performing a variety of private dances (Prewitt 1989; Ronai and Ellis 1989). Women describe their role in the stripclub as hostess, object, prostitute, therapist, and temporary girlfriend and say they are there to entertain and attract men and business for the owners. Women who work at small strip joints say they can hang out, order in food, and play pool during their shifts. On the other hand, women who work at gentlemen's clubs have to hustle photographs and drinks and are required to sell promotional T-shirts, calendars, and videos. They can be mandated to sell the items with private dances. For example, the dancers buy T-shirts from the house mom for $8 and sell them for $15. So for $15, the customer receives a T-shirt and 2 $10 table dances. Strippers at gentlemen's clubs are further informed by management that they are not allowed to buy their own drinks, that they have to be sitting with customers, and can never turn down a drink, even when their drinks are full. Stage Women report dancing on stages as cheaply constructed by laying plywood on the benches of restaurant booths to stages covered with kitchen linoleum to wood parquet or marble stages in a few upscale clubs. Some stages are elevated runways so narrow that strippers say that cannot get away from customers on each side touching them, especially when they are kneeling down to accept a tip in the side of their g-strings/t- bars or when they have their backs turned. Stages can also be sunken pits with a rail around it and a bar for the customers' beverages. During a set, a stripper may do striptease, acrobatics, dance, walk, or squat to display her genitals. Generally the progression for striptease begins during the first song with the woman wearing a dress or costume covering her breasts and buttocks. Over the course of a set of 2 or 3 songs she will remove her bra and in nude clubs, her g-string/t-bar. Some clubs feature floorshows in which women crawl or move around on the floor posing in sexual positions and spread their legs at the customers' eye level. During a floorshow, a dancer changes her movements from upright to positions on her knees and squatting in a crabwalk in order to `flash' tipping customers. "Flashing" is pulling the g-string/t- bar aside, revealing the pubic area and/or the genitals. Dancers describe this as "doing a show" for paying customers. Ordinarily, a dancer only positions herself in front of tipping patrons (Prewitt 145). Customers who fail to tip are ignored. Audience response can be expressed by clapping, hooting, barking, whistling, amount of money tipped, or complete silence depending upon time of day, state of inebriation, excitement over the musical selection, or the appearance and abilities of the stripper. On stage, some women's thoughts wander, while others' focus on angry desperation. "I daydream about nothing in particular to pass the time of 12 minutes." "I'm thinking about how good I look in the mirrors and how good I feel in dance movements." "1 tell myself to smile." "1 think about getting high and that I am making money to get high." "I am giving these guys every chance to be decent, so that I don 't have to be afraid of them." "I am filled with disdain for the customers who do not tip, but sit and watch and direct you to do things for no money." "I think of how cheap these fuckers are, what bills I need to pay." Private Dance Activities Private dances are usually performed in areas shielded from the larger club view (Forsyth and Deshotels 1997, Prewitt 1989). As a. rule, the private dance involves one female dancer and one male customer. Private dances are situations where women are often forced into acts of prostitution in order to earn tips (Forsyth and Deshotels 1997; Prewitt 1989; Ronai and Ellis 1989). Men masturbate openly (Peretti and O'Connor 1989), get hand jobs (Forsyth and Deshotels 1997), and stick their forgers inside women (Ronai and Ellis 1989). Men with foot fetishes have been known to suck on dancers' toes. A variety of private dances are promoted in strip clubs. Table dancing is performed on a low coffee table or on a small portable platform near the customer's seat. The woman's breasts and genitals are eye level to the customer. Couch dancing for a customer entails the dancer standing over him on the couch, dangling her breasts or bopping him in the face with her pubic area. Lap dancing requires the woman to straddle the man's lap and grind against him until he ejaculates in his pants. A variation involves the woman dancing between his legs while he slides down in his chair so that the dancer's thighs are rubbing his crotch as she moves. Bed dancing is offered in a private room and requires a woman to lay on top of a fully clothed man and simulate sexual intercourse until he ejaculates. Shower dancing is offered in upscale clubs and allows a clothed patron to get into a shower stall with one or more women and massage their bodies with. soap. Wall dancing requires a stripper to carry alcohol swabs to wash the customer's fingers before he inserts them into her vagina. His back is stationary against the wall and she is pressed against him with one leg lifted. Peep shows feature simulated or actual acts directed by openly masturbating customers. Customers sit in a private booth and view the women through a glass window. Live sex shows involve 2 or more individuals engaging in simulated or sexual activity performed behind glass or on a stage. Customers openly masturbate while watching the show from the audience or through an opening in a private booth. During private dances women are conscientious about their boundaries and safety. "I don't want him to touch me, but I am afraid he will say something violent if I tell him `no'." "I was thinking about doing prostitution because that's when customers would proposition me." "I could only think about how bad these guys smell and try to hold my breath." "I spent the dance hyper vigilant to avoiding their hands, mouths, and crotches." "We were allowed to place towels on the guys' laps, so it wasn't so bad." "1 don't remember because it was so embarrassing." Dressing Room Women describe a range of types and qualities of dressing rooms. Strippers are expected to change clothing in beer coolers, broom closets, and public restrooms. Some stripclub dressing rooms are nice with lights, mirrors, vanities, and chairs, and are equipped with lockers, and tanning beds. Other clubs have make-up mirrors but no chairs or ashtrays to prevent dancers from lingering. Women complain that too many dressing rooms are down isolated halls or in the basements of establishments and that they have to scream for help when customers intrude. Some are so damp or filthy that the women cannot take their shoes off. Other dressing rooms are so frigid that dancers carry small space heaters to and from work. The dressing rooms are used to change costumes, drink, do drugs, do hair and make-up, iron costumes, do homework, bitch about customers, avoid customers, talk about problems, hang out. In strip joints and rural bars, women lay on blankets or inside sleeping bags between sets and nap and read. The greatest response to questions regarding preparation for work was "drink". Women drink while getting ready to go to work and they drink while doing their hair and make-up once in the dressing room. Women who work at nude juice bars that do not serve alcohol or at bars that do not allow women to buy their own drinks report that they stop at another bar on their way in and "get loaded". Between stage sets and private dances, women drink some more, clean themselves with washcloths or babywipes after performing on a dirty stage or being touched by a lot of men, apply deodorant, and perfume their breasts and genitals. Source: http://www.uri.edu/artsci/wms/hughes/stripcl.htm Stripclubs According to Strippers: Exposing Workplace Sexual Violence Part 2, Survey Data © Kelly Holsopple, 1998 ho1so002(u�tc.umn.edu PART 2: SURVEY DATA One hundred percent of the eighteen women in the survey report being physically abused in the stripclub. The physical abuse ranged from three to fifteen times with a mean of 7.7 occurrences over the course of their involvement in stripping. One hundred percent of the eighteen women in this study report sexual abuse in the stripclub. The sexual abuse ranged from two to nine occurrences with a mean of 4.4 occurrences over the course of their involvement in stripping. One hundred percent of the women report verbal harassment in the stripclub. The verbal abuse ranged from one to seven occurrences with a mean of 4.8 occurrences over the course of their involvement in stripping. One hundred percent of the women report being propositioned for prostitution. Seventy eight percent of the women were stalked by someone associated with the stripclub with a range of one to seven incidents. Sixty one percent of the women report that someone associated with the stripclub has attempted to sexually assault her with a range of one to eleven attempts. Not only do women suffer the abuse they experience, all of women in the survey witnessed these things happen to other strippers in the clubs. The overwhelming trend for violence against women in stripclubs was committed by customers of the establishments. Stripclub owners, managers, assistant managers, and the staff of bartenders, music programmers or disc jockeys, bouncers, security guards, floorwalkers, doormen, and valet were significantly less involved in violence against the women. According to the women in this study, almost all of the perpetrators suffered no consequence whatsoever for their actions. Physical Abuse Customers spit on women, spray beer, and flick cigarettes at them. Strippers are pelted with ice, coins, trash, condoms, room keys, pornography, and golf balls. Men pitched a live guinea pig and a dead squirrel at two women in the survey. Some women have been hit with cans and bottles thrown from the audience. Customers pull women's hair, yank them by the arm or ankle, rip their costumes, and try to pull their costumes off. Women are commonly bitten, licked, slapped, punched, and pinched. See Table 1 Frequency of Physical Abuse. Table 1 - Frequency of Physical Abuse Abusive Action Ever (by men in stripclub) (%) At Least ' Once Every Day (%) At Least Once Every Week (%) At Least Once Every Month (%) At Least Once Every Year (%) Grabbed by arm 78 44 C 6M 11 S 17 C 60 6M 11 S IIC 60 6M 6 M Grabbed by ankle 56 28 C 6 C 6 M 11 C Grabbed by waist 94 50 C 6 M 11S 33 C 11 M 11 6 M 11 C Bitten 56 6 C IIC 11 C Licked 78 28 C 17 C 11 C 60 6M 11.S 22 C Slapped 39 6 C 11 C 17 C Hair pulled 39 6 C 6 C 11 C Punched 6 C Pinched 72 17 C 17 C 6 C 6M 6S 22 C 6S Kicked 11 6 C Spit on 61 6 C 28 C Pulled costume off 83 22 C 6 C 6 0 6M 22 C 6 S Ripped costume 44 6 C 6 C 17 C Flicked cigarette 33 6 C 6 C 11 C Sprayed beer 39 6C 16C 6C 6C Threw ice 61 6C 11 C 6C 6C Threw coins 83 17 C 11 C 11 C 6S 28 C Threw cans/glasses 22 6 C Threw 39 17 C 11 C garbage r Threw other 28 1 1 C N = 18 Key: C = customers, 0 = owners, M = managers, S =staff Sexual Abuse Stripclub customers frequently grab women's breasts, buttocks, and genitals. Customers often attempt and succeed at penetrating strippers vaginally and anally with their forgers, dollar bills, and bottles. Customers expose their penises, rub their penises on women, and masturbate in front of the women. Women in this study consistently connected lap dances to the sexual abuse they suffered in the club. "That's the first thing men try to do when they get close to you and always in a lap dance." Stripclub owners, managers, and staff also expect women to masturbate them and some have forced intercourse on strippers. See Table 2 Frequency of Sexual Abuse and Table 3 Attempted and Completed Sexual Abuse. Table 2 - Frequency of Sexual Abuse Abusive Action Ever (by men in stripclub) (%) At Least Once Every Day (%) At Least Once Every Week (%) At Least Once . Every Month (%) At Least Once Every Year (%) Grabbed 94 28 C 17 C 17 C 17 C breasts 6 M 6 M 6 0 Grabbed 89 39 C 11 C 39 C 6 0 buttocks 6 M 6 S 6S Grabbed genitals 67 17 C 11 C 6 M 17 C Exposed penis to her 67 11 C 6 C 6 C 6 0 33 C 6M Rubbed 78 39 C 22 C 6 C 22 C penis on her 6 M 6 0 6 0 6M 6S Masturbated in front of her 78 33 C 6 M 11 C 28 C 6 C N = 18 Key: C = customers, 0 = owners, M = managers, S = staff Table 3 - Attempted and Completed Sexual Abuse Abusive Action Experienced Attempted Abuse (%) Experienced Successfully Completed Abuse (%) Penetrate her vaginally with fingers 61 C 6M 39 Penetrate her anally with fingers 33 C 17 Penetrate her with object 33 C 60 11 Force her to masturbate him 28 C 60 6M 17 Force intercourse on her 17C 60 6M 11 N = 18 Key: C = customers, O = owners, M = managers, S = staff Verbal Abuse Customers, owners, managers, and staff alike engage in harassing namecalling. Women are continually called "cunt, "whore", "pussy", "slut", and "bitch". Women in this study charge that men in the stripclub called them other demeaning or degrading names like ugly, looser, fat, pregnant, boy, stupid, crack, slash, snatch, beaver, dog, dyke, lezzie, brown eye, hooters, junkie, crackhead, and shit. See Table 4 Frequency of Namecalling Verbal Abuse. Table 4 Frequency of Namecalling - Verbal Abuse Abusive Action Ever (by men in stripclub) (%) At Least Once Every Day (%) At Least Once Every Week (%) At Least Once Every Month (%) At Least Once Every Year (%,) Called "cunt" 61 28 C 6 C , 17 C rI I C N =18 Key: C = customers, 0 = owners, M = managers, S = staff Forty four percent of the women report that men associated with the stripclub have threatened to hurt them physically. These women report from three to 150 threats during their involvement in stripping. Threats range from verbal threats of slaps, ass whippings, and rapes to physical postures of punching and back hand slapping. "When I wouldn't let a customer grab on me, he would call me a bitch and threaten to kick my ass or rape me." "When a customer grabs and the woman and the girl takes action, they threaten". Stalking Men associated with stripclubs repeatedly attempt to contact the women against their wishes. Strippers are followed home and stalked by stripclub customers. Customers telephone, write letters, send gifts, and follow the women around against their wishes. Women recount stories of catching customers following them to fitness clubs, parks and lakes, day care centers, and even lesbian bars. They describe times when customers have broken into their homes and taken underwear, hairbrushes, and family photographs. Women say that other customers have used their jobs at the telephone company or within the criminal justice system to target the women. The women complain that customers also have followed them home masturbating while driving in the next lane. Women who travel the strip circuit to rural areas report that customers and stripclub owners, managers, and staff alike follow women from city to city and state to state. Furthermore, local men in small 6M 6M Called "slut" 61 28 C 6S 6 C 17 C 60 6M 6S 11 C Called "whore" 78 28 C 6 S 6 C 17 C 6 0 6M 6S 22 C Called "pussy" 72 39 C 6S 11 C 11 C 11 C Called "bitch" 89 39 C 6S 11 C 60 6M 6S 6 C 22 C 6M Called other 56 17 C 6 C 17 C 6M 6 C N =18 Key: C = customers, 0 = owners, M = managers, S = staff Forty four percent of the women report that men associated with the stripclub have threatened to hurt them physically. These women report from three to 150 threats during their involvement in stripping. Threats range from verbal threats of slaps, ass whippings, and rapes to physical postures of punching and back hand slapping. "When I wouldn't let a customer grab on me, he would call me a bitch and threaten to kick my ass or rape me." "When a customer grabs and the woman and the girl takes action, they threaten". Stalking Men associated with stripclubs repeatedly attempt to contact the women against their wishes. Strippers are followed home and stalked by stripclub customers. Customers telephone, write letters, send gifts, and follow the women around against their wishes. Women recount stories of catching customers following them to fitness clubs, parks and lakes, day care centers, and even lesbian bars. They describe times when customers have broken into their homes and taken underwear, hairbrushes, and family photographs. Women say that other customers have used their jobs at the telephone company or within the criminal justice system to target the women. The women complain that customers also have followed them home masturbating while driving in the next lane. Women who travel the strip circuit to rural areas report that customers and stripclub owners, managers, and staff alike follow women from city to city and state to state. Furthermore, local men in small towns harass the visiting women by calling and knocking on the doors of the motel rooms and have been caught peeping in the windows of strippers' motel rooms. See Table 5 Stalking Occurrences. Table 5 - Stalking Occurrences Abusive Action Ever (by men in stripclub) (%) Range of occurrences 1 Sent her letters against 28 her wishes 3-100 times Sent her gifts against her 22 wishes 2-100 times Called her home against her wishes 39 2-360 times Followed her home against her wishes 56 2-500 times Followed her to her car against her wishes 67 12-500 times Followed her around on her private time 28 1-150 times Followed her from club to club, city, and state 28 6-360 times Other 28 1-360 times N=18 Twelve percent of the women who reported being followed to their cars further reported that they were robbed (5.6 %), beaten (11.1%), threatened with a weapon (5.6%), verbally sexually harassed (66.7%), and sexually assaulted (16.7%) by customers. A customer who claimed he was in love with the woman followed her to her car, called her a "fucking cunt" and strangled her hard enough to cause blood to squirt from her neck. Sexual Exploitation Only a minority of women report that they were asked to perform sexual acts on men associated with the stripclub in order to return to work (11% by owners); as a condition of being hired (11% by managers, 11% by owners); in order to continue working there (17% by owners); in order to get a better schedule (6% by owners); or for drugs (17% by customers, 11% by managers, 22% by owners, 11% by staff). A majority of the women, however, report they were asked to perform sexual acts on men associated with the stripclub for money (100% by customers, 6% by managers, 17% by owners, 11% by staff). Customers and pimps constantly proposition women (Boles and Garbin 1974; Forsyth and Deshotels 1997; Ronai 1992; Ronai and Ellis 1989). Fourteen (78%) women from the survey report they are propositioned for prostitution every day by customers, three (17%) every week, one (6 %) every year. Women comment that customers ask them "Do you date?" all night long. "Infinite... too many too count." Women say that prostitution is influenced and suggested by management. One woman new to stripping was dumbfounded at how little money she was making taking her clothes off, so she asked the manager for his advice on increasing tips. He suggested turning tricks and said he could help her set up dates. Management sets up tricks, says it is good for business, and obligates women to turn over money from prostitution to the club. Women say prostitution is promoted even though owners tell women they would be punished if they turn tricks. Some stripclubs are notorious for promoting prostitution. "You have to be a 'ho to work there". Women disclosed that they were recruited into prostitution through stripping. Although the strip industry markets stripping as something other than prostitution, some women consider prostitution an extension of stripping and stripping a form of prostitution. Pimps season women first with stripping and then turn them out into brothels or escort services for more money. Tricks, sugar daddies, pimps, and drug dealers in the stripclub seek to engage women in prostitution. Another young woman said that soon after she became involved in stripping, a pimp who posed as a customer in the stripclub manipulated her into an escort service by promising that she could make more money in less time simply by accompanying businessmen to dinner. She agreed in order to feed her crack addiction and as her addiction increased she slid down from gentlemen's clubs to escort service to brothel to street and crack house prostitution. Not only are women in stripping pressured by customers to perform sexual acts on them, owners, managers, and staff pressure the women to perform sexual acts on them, their relatives and associates, on vice officers and police officers. Women explain the pressure could range from being coerced into dancing for the intended with an expectation to put on a real good show with special treatment, extra time, and sexual contact, to engaging in prostitution. Strippers, like other subordinates in worker -management relationships, respond with obedience to directives from management and others with authority (McMahon 1989). See Table 6 Percentage of Women Pressured for Sexual Exploitation. Table 6 - Percentage of Women Pressured for Sexual Exploitation Recipient Pressured 1 Pressured by customer (%) by owner (%) Pressured by manager (%) Pressured Pressured Pressured by by by police staff (%) vice officer officer Owner's friend 39 Owner's relative 11 Owner's business associate 33 Manager's friend 17 r Manager's relative 6 11 6 11 Manager's business associate 11 Customer 72 22 17 6 Vice officer 17 11 6 11 Police officer 17 11 6 22 N=18 Stripclubs, Part 3, Women's Thoughts of Stripping Source: http://www.uri.edu/artsci/wms/hughes/stripc2.htm Stripclubs According to Strippers: Exposing Workplace Sexual Violence Part 3, Women's Thoughts on Stripping © Kelly Holsopple, 1998 holso002�a7tc.umn.edu PART 3: WOMEN'S THOUGHTS ON STRIPPING Money Women in stripping are overwhelmingly motivated by the promise of wealth or a will to survive (Skipper and McCaghy 1970; Ronai 1992; Thompson and Harred 1992). Stripclub owners, managers, pimps and the media portray stripping as a glamorous way to earn big money fast and use this strategy to lure young women into stripping. Women in this study report the best part of stripping to be the money. "The only part that keeps me there is the money". At the same time, women are trapped and disappointed by the money. "I hated it... but glad 1 had it at the time for the income." "Women are reduced to exposing genitals for $1 bills." "It pays the bills... if we could pay bills another way we would." "The bar owners and management are exploitative, they steal money." "It's hard to get out because of the money." With respect to the money strippers seek to earn, they in turn must pay out fines, kickbacks, 100% of their social security insurance and taxes, travel and hotel expenses, and the costs for costumes, tanning, and plastic surgery. Women report that they have to have the right attitude to make money (Ronai 1992). This ordinarily was described as being drunk, high or numb (Forsyth and Deshotels 1997). Others feel it required tolerance. "The ability to ignore customers for just being there." Most women say it is easier when the men are tipping regularly and when they do not have to interact with men intimately. Women acknowledge that strippers measure their worth according to the amount of tips they earn and that they want attention, acceptance, and approval from the customers because it brings money (Futterman 1992). Skills Women in stripping feel it doesn't take much skill to be a stripper (Forsyth and Deshotels 1997; Skipper and McCaghy 1970). "It would be nice to say women need dance talent but it's not true." "Tits, pussy, and blonde hair is all it takes." Instead they referred to dissociation to abuse. "It takes a willingness to do it...anybody can do it." "It takes somebody who can shut themselves off and be really fake." "...the ability to take a lot of abuse." They state a stripper needs a good head on her shoulders, an open mind, guts, strength, and survival skills. They believe they need abuse counseling, a lifeline from the "outside world", and education about what's really going on. "Need to know they have options, that they aren't always going to be a 'ho'." Women in stripping want a union to protect strippers, decent working conditions, fair treatment, and an end to cruelty by management. Lastly, strippers think that women and girls don't know what they are getting into when they first start dancing. "It's really harmful because it is so benign, so accepted." "Girls think they will have fun dancing and get paid, they have no idea they have to fight men's hands, and dicks, and tongues, and then fight for every fucking dollar bill you earn." "It was a lot different than I originally thought." Men The women in this study condemn the men associated with stripping and the impact stripping has on them as the worst parts of stripping. Women do not like the way customers treat them (Thompson and Harred 1992). Furthermore they say they do not like talking to customers, asking men for money, and resent having to have to deal with them at all. They find customers irritating because they are drunk and have negative attitudes towards women. Women characterize customers as scum, psycho mama's boys, rapists and child molesters, old perverted men, idiots, assholes, and pigs. Strippers are largely disgusted by customers and describe them as pitiful and pathetic, stupid and ignorant, sick, controlling and abusive. "They smell so sour, they breathe very heavy and kind of wheeze when women are near." "They are weak abusers who have to subordinate women and girls to feel like a man." "1 see my dad. They're old enough to be my father." "Yuck. I am repulsed by the sight, sound, smell, and touch of them." "I'm embarrassed for them." The women offer insightful evaluations of stripclub customers. They say that these men do not know how to communicate. Moreover, they perceive that customers are out of control, have power and abuse problems, and will do anything to degrade women because they hate women. Strippers also state that customers want a free show and think women are cheap. In contrast, a few women positively perceived some customers as nice and added they are thankful to those who tip well. Women in this study undoubtedly denounce stripclub owners as pimps and "glorified pimps" and maintain that owners misuse power and are sick. The women also label managers as pimps citing that they mistreat women, that they make every attempt to take money from the women, and that they are sick because they are affiliated with the industry and know the harm they do. Strippers accuse managers of being threatened and jealous of the money women make and that women are just a dollar to management. Finally, women refer to staff music programmers, doormen, bartenders, bouncers, floorwalkers, and valet as wanna-be pimps because they always want to be tipped. The women see staff as derelicts who can't get a job anywhere else and who think they are cool for working in a stripclub. Strippers perceive staff as creepy and disrespectful and as "looky-lous" who just want to look at naked women for free. Women criticize staff by pointing out that at least owners are making big money. Few women had positive responses, but those that did felt they got along well with staff and had no real hard feelings. Clearly strippers' attitudes about men are impacted by the activities in stripclubs. Women say they don't like men and men are worthless. Likewise women believe stripping inhibits their ability to be involved in a normal relationship. "It affects your lovelife and feelings about men." "Nice boyfriends can't handle it." "Too large a percentage of men fit into category of customer and I do not want to hate men." Stripping Women in this study expressed mostly negativism regarding their experiences in stripping with themes of abuse, deception, drugs, and low self-esteem. "I would never do it again. It was degrading." "No doubt that it led me to prostitution and my pimp." "Taught me how to control men and gave me a false illusion of control. Takes a long time to regain self-control." "Don't do it. Once you do it, it is hard to get out." "If there is any way you can avoid it...it is hard to get out once you start." "I wouldn't recommend it. It is too stressful and I am always comparing myself to other women on the outside." "I wish 1 had put more money away and had more education by the time I quit. I just didn't know it wasn 't about success for us, it was about using us." "I spent my entire young adulthood being abused. It is hard to undo all this." "Drugs destroyed beautiful, healthy women." "I blame the men... it is all bad. I didn't think highly of myself while I was in stripping, but I am glad 1 got out of it by standing up for myself." "It is hard to view myself for who I am and my accomplishments rather than how I look and attention from men. I got this from stripping." Some women expressed fascination with stripping. "It has been an experience of a lifetime. I've seen everything...some crazy shit." "1 have never seen things like I have seen in stripping. It is weird." Still others felt positively about their experience. "If it wasn't for the money I made at it, 1 would have nothing right now. "It has its ups and downs, but I always enjoy the music and dancing and the attention." "I have been extremely fortunate as far as what happened in stripping. It provides a good life, but I look at it as a job, work day shifts and work a straight job at the same time." A few women also determined positive outcomes for themselves from their involvement in stripping. "It served its purpose as a group for a sense of belonging." "Helped me recognize what is right and wrong, and what is right and wrong for me." "After surviving it I felt strong." "Stripping distracted me from my personal problems that led me into stripping... no way could I have held normal job with the problems I had." Above all, women in stripping reject the popular image of stripping and clarify the common misperceptions about stripclubs. "That no one touches you, women enjoy it, and it's okay for men to go there." "That women actually get to wear a costume and actually get to dance." "That we get sexually aroused doing this." "That men are there to have harmless fun, when they are really there to abuse women." "That it is a big party and that the women want to be there for some reason other than money, like sex or to meet men or because they are nudists or exhibitionists." "That you are doing things you want to be doing." "That they are not degrading us because girls always are justifying it with college." "That it is not prostitution." "That it is glamorous, fast money, easy work, way to get ahead." DISCUSSIONS AND CONCLUSIONS Men associated with stripclubs use force and coercion to establish sexual contact with women in stripping, proposition women for prostitution, intentionally inflict bodily harm upon the women, and expose themselves to the women. These actions are prohibited by law, yet when these crimes are committed against women in stripclubs, the general attitude that strippers deserve what they get prevails. Women's complaints of abuse are met with contempt and are dismissed by owners, managers, and staff. Women are customarily told to ignore abuse and have been rebuffed with "Go bend over and do your job" and "You have to expect a certain amount of that." In the case of women in stripping, enduring sexual violence is part of her job description. Women in stripping are expected to endure these abuses, degradations, and humiliations with a smile and a "Thank You". The degree of sexual violence perpetrated against strippers explodes the myths about stripping as harmless entertainment. The verbal harassment, physical and sexual abuse, and financial exploitation women suffer in stripclubs is unparalleled in any other legitimate workplace. Women in stripping are subject to actions that would be perceived as assaultive or a least unwanted in any other context or were directed against other women. Stripclubs allow men to use and abuse women in a manner that is not tolerated in any other business. The organization and conditions of stripclubs not only produce and reproduce gender inequality, but facilitate and normalize men's violence against women. Sexual violence has been normalized, institutionalized, and legalized in the stripclub industry as socially sanctioned male behavior. Stripclubs and the men associated with stripclubs have turned acts of violence into entertainment and tied male sexual pleasure to victimizing and exploiting. Stripclubs are structured according to male domination and control, and are inherently violent. It is impossible to set up stripclubs without sexual violence and that is reason to challenge the legitimacy of stripclubs. Future research should address men associated with stripclubs and their views on women in stripping and stripclub activities. An exploration of why stripclubs exist, an explanation of why men go to stripclubs, and a description of how stripclub owners and government policy establish the tone and culture of stripclubs are also in order. Future research should explore gender role socialization and female strippers' perceptions of sexual harassment and violence. The definition of sexual harassment should be tested with strippers to learn if they perceive actions differently than women in other workplaces. 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Source: http://www.uri.edu/artsci/wms/hughes/stripc3.htm