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CITY OF YAKIMA
WASHINGTON
FEBRUARY 18 2010
CITY COUNCIL
STUDY SESSION
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p Yakima
City Council
Micah Cawley, Mayor
Kathy Coffey, Assistant Mayor
Maureen Adkison
Dave
Agenda Ed ler
Rick Ensey
Dave Ettl
129 N. 2nd Street,Yakima,WA. 98901 Bill Lover
Phone: (509) 575-6000 • Fax (509) 576-6614 City Manager
Email: ccouncil@ci.yakima.wa.us • www.ci.yakima.wa.us Richard A. Zais, Jr.
Anyone wishing to address the Council, please fill out the form found on the tables and give it to the City Clerk
YAKIMA CITY COUNCIL - -
ADJOURNED MEETING — STUDY SESSION
FEBRUARY 18, 2010 — 9:15 — 10:45 A.M.
COUNCIL CHAMBERS — YAKIMA CITY HALL
•
1. Roll Call
2. Draft legislation regulating certain adult entertainment activities
3. Audience Comments (10:30 — 10:45 a.m.)
4. Adjournment
Yakima
City of Yakima Vision Statement: To create a culturally diverse, economically vibrant, safe, and strong Yakima community.
rra
1994
Adopted March 2008
MEMORANDUM
• TO: The Honorable Mayor Cawley and Members of the Council
FROM: Jeff Cutter, City Attorney
DATE: February 11, 2010
SUBJ: Proposed Revisions to Adult Business Ordinance
In accord with City Council direction, this memorandum introduces a proposed ordinance
amendment prepared to address concerns about certain business practices recently
experienced within the City that have caused concern with some citizens and members of
the council. The proposed amendments include revisions to the Adult Business ordinance
to add definitions that describe certain business practices as adult entertainment. The
amendments also propose sign restrictions to address certain graphic signage that has also
been used to promote several local businesses. Finally, there are also proposed
amendments to the City's business license ordinance concerning Dance Studios,
suggesting the ordinance be re-titled to Adult Entertainment Establishments. Certain
definition changes are also proposed for the Adult Entertainment Establishment, business
licensing requirements.
The proposed changes before Council for consideration in the upcoming Study Session
are in large part reliant on recent amendments approved for enactment by the Snohomish
County Commissioners in an effort to address similar concerns in Snohomish County.
The County's new amendments became effective January 1, 2010.
In addition to the attached ordinance, also included for Council consideration is a list of
questions submitted by Council Member Ed ler, together with responses from myself and
Deputy Chief Rosenow. Some of the responses are somewhat cursory, due primarily to
the limited time available to respond to them.
ORDINANCE NO. 2010-
• AN ORDINANCE concerning special development standards, signs, and adult
entertainment establishments; amending the Adult Business section of
YMC chapter 15.09 to include adult sales practices and adopting
standards for determining when adult sales practices are occurring and
how they are to be regulated; amending the City sign code to prohibit
sexually explicit signage; amending the adult entertainment business
licensing ordinance to re-title the chapter and to amend certain definitions
to include adult business practices within the business licensing
requirements; and specifically amending sections 15.09.200, 15.08.050,
chapter 5.30 (Title) and 5.30.010 of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 15.09.200 of the City of Yakima Municipal Code is amended to
read as follows:
.15.09.200 Adult business.
A. Purpose. All adult business uses shall comply with the requirements of this section. The
purpose and intent of requiring standards for adult business uses is to mitigate the adverse
secondary effects caused by such facilities and to maintain compatibility with other land uses
and services. In furtherance of this purpose, this section is intended to regulate the location of
,adult entertainment and commercial enterprises in order to promote the health, safety and
welfare of all citizens and in order to preserve and protect the quality of life in and around all
neighborhoods through effective land use planning and reasonable regulation in light of the
'findings set forth herein and the facts and evidence contained in the legislative record.
The standards established in this section shall apply to all adult business uses. Adult
business uses are recognized as having objectionable operational characteristics, particularly
when they are aggregated in one area. Since these uses have a harmful effect upon adjacent
uses, and residential and commercial uses in particular, special regulation of adult business
uses is necessary to avoid adverse effects arising from adult businesses so they will not
:contribute to the blighting or downgrading of the surrounding neighborhood. It is the intent of
this section to allow these uses to exist in a dispersed manner within specific zoning districts.
The standards established in this section shall not be construed to restrict or prohibit the
following activities or products: plays, operas, musicals, or other dramatic works; classes,
seminars or lectures for educational or scientific purposes; nudity within a locker room or other
similar facility used for changing clothing in connection with athletic or exercise activities; nudity
within a hospital, clinic or other similar medical facility for health-related purposes; and all
.movies and videos that are rated G, PG, PG-13, R and NC-17 by the Motion Picture .
, Association of America
B. Special Definitions Specific to This Section. For the purpose of this section, the following
;words and phrases shall have the following meanings:
1. "Adult arcade/viewing booth" means any booth, cubicle, stall, or compartment that is
designed, constructed, or used to hold or seat patrons and is used for presenting adult media
for observation by patrons therein. This definition does not apply to a theater, movie house,
.playhouse, or a room or enclosure or portion thereof that contains more than six hundred
square feet. Those greater than six hundred square feet shall be considered an adult motion
picture theater.
(jc)ord/Adult Business Amendment 1
•
2. "Adult business uses" means any uses on premises to which the adult public, patrons or
members are invited or admitted or wherein any employee or other person provides, exhibits or
performs adult entertainment or operates an adult commercial establishment, to or for a
member of the adult public, a patron or a member, and specifically includes the list below:
a. Adult commercial establishments;
b. Adult motion picture theaters;
c. Adult arcades /viewing booths;
d. Adult cabarets, dance halls and dance studios.
Also refer to specific prohibited uses identified in subsection E of this section.
3. "Adult cabaret /dance hall or dance studio" means a building or portion of a building
;regularly featuring dancing or other live adult entertainment if the dancing or entertainment
;provided is distinguished or characterized by an emphasis on the exhibiting of specified sexual
activities or specified anatomical areas for observation by patrons therein (YMC Chapter 5.30).
4. "Adult commercial establishment" means any premises on or where adult media or
sexually oriented toys or novelties are the majority of articles or items for sale and /or rent.
Majority shall be determined to exist when forty percent or more of the establishment's gross .
public floor area is devoted to adult media or sexually oriented toys or novelties. Commercial
establishments where the sale and /or rental of adult media or sexually oriented toys or novelties
do not account for forty percent or more of the establishment's gross public floor area shall
adhere to the standards set forth in subsection (C)(2) of this section.
5. "Adult entertainment" means:
a. any exhibition or dance of any type, pantomime, modeling or any other performance,
including motion pictures, which involves the exposure to view of any specified anatomical
areas or involves any specified sexual activities or specified sexual exhibitions; or
b. a business engaging in adult sales practices.
6. "Adult media" means magazines, books, videotapes, movies, slides, CD -Roms or other
'devices used to record computer images, or other media that are distinguished or characterized
by their emphasis on matter depicting, describing, or relating to specified anatomical areas or
specified sexual activities.
7. "Adult motion picture theater" means an establishment emphasizing or predominantly
showing movies that exhibit specified sexual activities.
8. "Adult sales practice" means any activity in which a person is conducting or is otherwise
engaged in retail sales of goods or services under circumstances where such conduct is likely
to be viewed by a customer or member of the public and while said person is nude or in a state
of partial nudity as these terms are defined in this section. Adult sales practices shall
:specifically exclude those activities identified in YMC 6.55.030 (C).
• g9. "Body studio" means any premises, other than a licensed massage parlor, reducing
salon, health spa or public bath house, upon which is furnished, or which is offered to be
;furnished, for a fee or charge or other like consideration, the opportunity or act of painting,
'massaging, feeling, handling or touching the unclothed body or any unclothed portion of the
body of another person, or to observe, view or photograph any such activity.
010. Church. See definition in YMC 15.02.020.
11. "Customer" means a person patronizing an adult business as defined by this section.
120. "Escort and introductory service" means services provided with the intent to perform
prohibited specified sexual activities, specified sexual exhibitions or other activities prohibited in
this section.
134. "Massage parlor" means a commercial establishment in which massage or other
touching of the human body is provided for a fee and which excludes any person by virtue of
age or sex from all or any portion of the premises in which such service is provided.
142. "Media" means anything printed or written, or any picture, drawing, photograph,
;motion picture, film, videotape or videotape production, or pictorial representation, or any
electrical or electronic reproduction of anything that is or may be used as a means of
(jc)ord /Adult Business Amendment 2
'communication. Media includes, but is not limited to, books, newspapers, magazines, movies,
videos, sound recordings, CD-Roms, other magnetic media, and undeveloped pictures.
15. "Member of the public"-means any person other than a manager or employee of an adult
:business.
16. "Nude or state of nudity" means a state of dress or undress such that specified
'anatomical areas, as defined in this section, or as identified as indecent exposure in YMC
6.55.020, are exposed to view or covered with anything other than a full and opaque covering
within the meaning of that ordinance.
• 173. Park. See definition in YMC 15.02.020.
184. "Residential zoning district" means the suburban residential single-family
residential (R-1); two-family residential (R-2); and multifamily residential (R-3) zoning districts
as defined in YMC Ch. 15.03.
195. School. See definition in YMC 15.02.020.
2046. "Sexually oriented toys or novelties" means instruments, devices, or paraphernalia
either designed as representations of human genital organs or female breasts, or designed or
marketed primarily for use to simulate human genital organs.
211-7. "Specified anatomical areas" means: (1) 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 (2) human male genitals in a discernibly turgid state, even if completely
and opaquely covered. For purposes of this section, items commonly known as pasties, G-
strings, T-backs, dental floss, thongs, body paint, body dye, tattoos, latex, tape or any similar-
!substance applied to the skin surface shall not be considered complete and opaque covering. .
221-8. "Specified sexual activities" means human genitals in a state of sexual stimulation or
arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic
itouching of human genitals, pubic region, buttock, or female breast.
231-9. "Specified sexual exhibitions" means any exhibition, performance or dance which is
intended to sexually stimulate any member of the public and which is conducted on a regular
basis or as a substantial part of the premises activity. This includes, but is not limited to, any
such exhibition, performance or dance performed for, arranged with or engaged in with fewer
than all members of the public on the premises at that time, with separate consideration paid,
either directly or indirectly, for such performance, exhibition or dance and which is commonly
!referred to as pole dancing, table dancing, couch dancing, taxi dancing, lap dancing, private
dancing or straddle dancing.
24. "State of partial nudity" means a state of dress or undress not constituting a state of
'nudity in which any of the following body parts or portions thereof is exposed to view or covered
with anything other than a full and opaque covering:
a. Any part of the buttocks or anal cleft; or
b. Any part of the female breast located below the top of the areola.
c. Items commonly known as pasties, G-strings, T-backs, dental floss, thonqs, body paint,
body dye, tattoos. latex, tape, or any similar substance applied to the skin surface; any
substance that can be washed off the skin; or any substance designed to simulate or which by
its nature simulates the appearance of the anatomical area beneath it, is not full and opaque
covering within the meaning of this section.
C. Permitted Uses. Adult business uses shall be permitted subject to the following
conditions:
1. 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:
2. Commercial uses approved for zoning requirements of Chapters 15.04 through 15.08
that sell and/or rent adult media or sexually oriented toys or novelties: but for which that portion
of the establishment's gross public floor area devoted to the sale or rental of adult media or
(jc)ord/Adult Business Amendment 3
sexually oriented toys or novelties accounts for less than forty percent of gross public floor area
of the commercial use shall:
a. Restrict persons under the age of eighteen from purchasing and /or renting the adult
items; and
b. Contain those adult items in a separate area appropriately sited and signed to restrict
access to people under the age of eighteen, or behind a counter.
D. Development Standards. The following standards shall apply to proposed adult business
uses, permitted under this section:
1. Adult business uses shall adhere to the following standards:
a. Separation Standards.
i. The parcel that contains the adult business use, and the signs relating to the use, shall
not be located within five hundred feet of any of the following preexisting uses or previously
established districts:
(A) The outside boundary of any parcel that contains a public school, private school or day
care facility;
(B) The outside boundary of any parcel that contains a church or other house of worship;
(C) The outside boundary of an existing public park;
(D) The outside boundary of any parcel that contains a public library; and
(E) A residential zoning district.
ii. The parcel that contains an adult entertainment use shall not be located within fifteen
'hundred feet of a parcel supporting a similar adult entertainment use as defined in this section,
; whether such similar use is located within or outside the city limits.
iii. The general site screening requirements of YMC Ch. 15.07 shall apply.
iv. The separation requirements stated in subsections (D)(1)(a)(i)(A) through (E) and
(D)(1)(a)(ii) of this section shall be measured by extending a straight line from the nearest point
on the property line of the parcel containing the proposed adult entertainment use to the
nearest point on the property line of the parcel containing the other adult entertainment use,
school, daycare, church, public park, or public library.
b. Licensing. In addition to Type (2) or Type (3) review required under subsection (C)(1) of
'this section, all adult business uses, with the exception of adult commercial establishments,
; shall be subject to the licensing requirements of YMC Chapter 5.30.
c. Hours of Operation. Any adult business use, as defined in this section, shall not conduct
or operate any business or commercial function on or around their premises between the hours
of two a.m. and eight -thirty a.m. of the same day.
d. Signage. Signage of adult business uses, as defined in this section, shall comply with
the provisions of YMC Ch. 15.08, Signs, together with the following specific conditions:
i. Each adult business use shall be allowed one on- premises sign which shall be limited to
'displaying the name of the establishment, the street address, the days and hours of operation,
restrictions on the age of persons that may be admitted to the building and the nonspecific
identification of the nature of the stock -in -trade or entertainment offered therein (e.g., "adult
toys," "adult books "). Nowhere on the signage or on the building visible to outside passersby
shall appear any verbiage, insignias, pictures, drawings or other descriptions suggestive of
sexual acts or actions, or which represent the sexually oriented material and /or performances of
the adult entertainment use.
ii. In accordance with YMC 5.30.040(5), adult entertainment establishments shall
conspicuously post a readable sign at or near each public entrance which clearly states, and is
;printed in letters at least one inch tall: "THIS ADULT ENTERTAINMENT ESTABLISHMENT IS
:REGULATED BY THE CITY OF YAKIMA." This sign shall not, for purposes of administration of
this section, limit the allowed use from having one on- premises sign as indicated in subsection
(D)(1)(d) of this section. Adult commercial establishments do not need to comply with this
standard unless said establishments also meet one or more of the definitions of adult
entertainment.
(jc)ord /Adult Business Amendment 4
•
' -
, e. Parking, The parking standards in YMCCh. 15.06 shall apply to all off-street parking for
;uses section.
f. Design Standards. Adult business uses shall conform to the following desi n standards:
i Buildings, fences, or other structures which are visible from any public right-of-way shall
be of a neutral coloring and design scheme, similar to surrounding commercial facilities.
ii. All windows, entries, and other openings shall be screened and/or covered in such a way
that no business activity associated with adult entertainment uses, other than approved outside
signage, shall otherwise be visible from any public right-of-way or other public space.
E. Prohibited Uses. Adult uses not included in the definition of "adult business uses'
,pursuant to subsection (B)(2) of this section are prohibited. Prohibited activities indude, but are
not limited b», massage padprs, escort and introductory services, body studios and specified
sexual activities and exhibitions not specifically allowed under the definition of "adult business
*uses."
F. Nonconforming Uses. Any adult business use or specified sexual activity/exhibition
legally in operation on the effective date of the ordinance codified in this section shall be
permitted to continue; provided, that all adult business development standards set forth in this
section, with the ex eption of the separation standards from subsection D of this section, are
complied with. Any adult business use preexisting upon the effective date of the ordinance
codified in this section meeting all development standards, except said separation standards,
'shall not be considered nonconforming and shall be allowed to remain as a legally established
business. The one single existing adult business which operates bwanb/'hourhours per day aa
,of the date of the ordinance oodK U
i�din�hianhaot�rah�beoUmvvedto' ntinue to operate
;twenty-four hours per day; provided, that any application for expansion, addition or relocation of
.any adult business, after the effective date of the ordinance codified in this section, shall be
� subject to the review requirements of this section. A protected use specified in subsections
(D)(1)(a)(i)(A) through (E) of this section shall not benefit from the separation requirements of
this section if the protected use chooses to locate within five hundred feet of a lawfully located
and licensed adult business use after the effective date of the ordinance codified in this chapter.
,An adult business facility is lawfully located if it has located within the city in accordance with
the requirements of this section.
G. Nuisance Declared. Any adult entertainment business operated, conducted or
maintained in violation of this chapter shall be, and the same is declared to be, unlawful and a
.public nuisance. The City nnay, in addition to or in lieu of any other remedies set forth in this
Tida, commence an action to enjoin, remove or abate such nuisance in the manner provided by
;law and ma take such other ste.s and asil to such court or courts as ma hama'uriodiodOn
'to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any
'person from opa/atinQ, conducting or maintaining an adult business contrary to the provision of
this chapter.
' H� This section shall not limit application of � 55 O2Omnd � 55 O3O and any other laws / - � � � .
prohibiting public nudity except as expressly provided therein. This section shall not be
,construed to limit application of other federal, state and local laws that may apply to adult
. businesses chapter, |o�����ubi�c11O1hisoh� including but not limited to laws relating to
,public health and workplace safety.
I. Severability. If any suboection, pgrogreph, eentence, clause or phrase of this section is
- declared invalid or unconstitutional for any reason, such decision shall not affect the validity of
.the remaining portions of this section.
(Ord. 2OO9-OB @ 1 (part), 2009)�
_ -- _ - ----
Section 2. Section 15.08D50 of the City of Yakima Municipal Code is amended to
read as follows:
(jo)ocd/adult Business Amendment 5
15.08.050 Prohibited signs.
The following signs are prohibited:
1. Signs on any vehicle or trailer parked on public or private property and visible from a
public right-of-way for the purpose of circumventing the provisions of this chapter. This
provision shall not prohibit signs painted on or magnetically attached to any vehicle operating in
the normal course of business;
2. Signs purporting to be, imitating, or resembling an official traffic sign or signal; could
cause confusion with any official sign, or which obstruct the visibility of any traffic/street sign or
signal;
3. Signs attached to utility, streetlight and traffic-control standard poles;
4. Swinging projecting signs;
5. Signs in a dilapidated (i.e., having peeling paint, major cracks or holes, and/or loose or
dangling materials) or hazardous condition;
6. Abandoned signs;
7. Signs on doors, windows or fire escapes that restrict free ingress or egress;
8. Signs displayed to the public in any manner that graphically depict or portray individuals
in a state of dress or undress meeting the definitions of nudity or partial nudity as established in
YMC 15.09.200, or which depict individuals participating in lewd conduct as described in YMC
6.55.030, or which otherwise convey an overtly sexual message; and
98. Any other sign not meeting the provisions of this chapter.
Severability. If any subsection, paragraph, sentence, clause or phrase of this section is
declared invalid or unconstitutional for any reason, such decision shall not affect the validity of
the remaining portions of this section.
(Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 34, 1993: Ord. 2947 § 1 (part), 1986).
Section 3. Chapter 5.30 of the City of Yakima Municipal Code is re-titled as follows:
Chapter 5.30
ADULT ENTERTAINMENT ESTABLISI-IMENTSDANCE STUDIOS
Section 4. Section 5.30.010 of the City of Yakima Municipal Code is amended to
read as follows:
5.30.010 Definitions.
For the purpose of this chapter, the following words and phrases shall have the following
meanings:
1. "Code administration manager" means the code administration manager for the city of
Yakima; or his/her designee.
2. "Adult entertainment establishment" means any premises to which the adult public,
patrons or members are invited or admitted and wherein any employee or other person
provides, exhibits or performs adult entertainment to or for a member of the adult public a
patron or a member; such an establishment is an adult business as that term is defined in YMC
15.09.200(B)(2).
3. "Entertainer" means any person who performs or provides adult entertainment on the
premises of an adult entertainment establishment, whether or not a fee is charged or accepted
for adult entertainment.
4. "Employee" means any and all persons, including managers, entertainers and
independent contractors, who work in or at or render any services directly related to, the
operation of an adult entertainment premises.
(jc)ord/Adult Business Amendment 6
5. "Operator is any person who owns, operates, maintains or conducts an adult
entertainment establishment.
6. "Manager" means any person, other than an operator, as defined in subsection 5 of this
section, who supervises, manages, directs, administers or is in charge of any portion of any
activity involving adult entertainment occurring at any place offering adult entertainment,
7. "Person" means any natural person, partnership, corporation or any combination thereof.
8. "Adult entertainment" means:
a. any exhibition or dance of any type, pantomime, modeling or any other performance,
Conducted in premises where such exhibition or dance involves the exposure to view of any
portion of the pubic hair, anus, buttock, vulva and/or genitals or any "specified anatomical
areas" or involves any "specified sexual activities" or "specified sexual exhibitions" as those
terms are defined in YMC 15.09.200(B)(17, 18 and 19): or
b. establishments engaging in "adult sales practices", as defined in YMC 15.09.200(B)(8),
while conducting or otherwise engaging in retail sales of goods or services.portion of the br act
e- e •- ee e e ee- e •- e. •-• , e e--
9. "Substantial connection" means:
a. in a sole proprietorship, an individual who owns, operates or conducts, directly or
indirectly, the adult entertainment establishment; or
b. In a partnership, an individual who shares in any potential profits of the adult
entertainment establishment; or
c. In a corporation, an individual who is an officer, director, or a holder (directly or
beneficially) of more than ten percent of any class of stock; or
d. An individual who furnishes more than ten percent of the capital financing of such adult
entertainment establishment, whether in cash, goods or services. (Ord. 94-24 § 2, 1994: Ord.
2081 § 1 (part), 1977).
Section 5. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this day of
,2010.
ATTEST: Micah Cawley, Mayor
City Clerk
Publication Date:
Effective Date:
(jc)ord/Adult Business Amendment 7
Below are several questions asked by Council Member Ed ler that YPD and I have
responded to in preparation for the study session scheduled for Thursday, February 18,
2010.
Barista Study Session Questions
1. Is sexually provocative dancing considered "Adult Entertainment" by statute?
The City's Adult Business Ordinance defines "Adult Entertainment" as 'any
exhibition or dance of any type pantomime, modeling or any other
performance, including motion pictures, which involves the exposure to view
of any specified anatomical areas or involves any specified sexual activities'.
The terms included in the definition are each defined in their own right in the
present Adult Business Ordinance. (Legal)
2. Has there been any statistical analysis done anywhere with regards to crime rates
in and around Adult Business?
No. Except the information compiled today regarding crimes around the
four identified locations. Maps identifying the baristas locations were
prepared using a buffer of .10 miles and 500 feet. The results of the analysis -
were prepared under a separate cover. (YPD)
3. How is property values affected by Adult Business as they move into a
neighborhood? Do they rise, fall, or stay the same?
It has been argued that Adult Business can bring blight and lowered
property values to a neighborhood. It is this argument, among others, that
has been considered by the Supreme Court when allowing certain regulation
of Adult Business similar to the regulation the City has enacted in the present
Adult Business ordinance. (Legal)
4. Is there any liability case law available for a situation when a municipality does
not respond to Adult Business moving into an area and is sued by adjoining
business?
In the limited time I have had to research this question I can only say for
certainty that I am only familiar with cases whereby municipalities were
sued by adult businesses that objected to what they perceived as over-
regulation of their business in violation of their constitutional rights and
privileges. It is largely the result of those lawsuits that we have the
framework for the regulatory efforts presently in affect in Yakima. That is
not to say there are no such cases, but I have not had time to do a thorough
search of that issue. (Legal)
5 Is there statistical analysis that would confirm that areas in communities that
harbor Adult Business create blight?
See attached documents (YPD)
6. What do "Booty Shakes" and "Pole Dancing" have to do with selling coffee?
This question does not appear to lend itself to a legal response, but my guess
would be that it appears the owners of the establishments promoting this
activity feel that it improves their sales. 1 have no substantive evidence of
that theory. (Legal)
7. Where did these practices originate, were they driven by the owners or the
employees?
I do not know where the latest barista trends originated, or who actually
promoted the idea. I could speculate with the theory that certain baristas
chose to dress progressively more scantily, and as they did they received
larger tips from certain patrons. As this practice was promoted, certain
owners realized the attention gained was also improving sales. This is clearly
only speculation, at best. (Legal)
8. Can we close down these Baristas if we were to declare them Adult Business?
Declaring the coffee stands utilizing what we are suggesting be termed "adult
sales practices" to be Adult Businesses based upon the attire and behavior of
the coffee servers will not necessarily "shut down" the businesses, as adult
business is permitted in the City so long as it operates in accord with the
City's ordinances addressing that activity. What it will do is provide the City
a stricter zoning consideration for business location, stricter screening and
signage standards, and limitations on who would be permitted to enter the
establishment, in accord with the provisions now in place or proposed for
said businesses. It would also establish special separation standards with
regard to proximity of the establishments to each other and to other uses
adversely affected by adult uses. Finally, in the event the coffee stands using
adult sales practices are found to be in violation of applicable legal
requirements the City may have several levels of recourse, including
revoking business licenses and enjoining improper behavior. (Legal)
9. Of the calls of people witnessing people masturbating, can they be substantiated?
The City has prosecuted cases of individuals masturbating in public in the
past, and will continue to do so as long as the City is able to identify the
suspect in a legal prosecution of the case and provide credible testimony of
the unlawful conduct alleged. We have prosecuted these types of cases based
upon observations of employees at numerous different drive-up type
businesses and would anticipate that they will continue. As far as employees
of coffee stands participating in this behavior, the standard would be the
same. If a legal complaint is made to the police and a witness is willing to
appear and describe the unlawful conduct, the City would certainly be
interested in pursuing the case. In that regard, such conduct could have
repercussion on the ability of the business to continue as well. (Legal)
10. Is there any evidence of a conspiracy afoot to shed negative light on these
businesses?
Not that I am aware of. (Legal)
11. How many registered sex offenders are living within the Yakima city limits?
380 Registered sex offenders are listed within the City of Yakima. (YPD)
City of Yakima 200 S. 3rd Street
Police Department Yakima, Washington 98901
Sam Granato, Chief of Police Telephone (509)575 -6200 Fax (509)575 -6007
Memorandum
Date: 10 February 2009
TO: Sam Granato, Chief of Police;
FROM: Cesar Abreu, Crime and Intelligence Analyst Supervisor
SUBJECT: Request for Crime Figures for Specific Addresses within the City of Yakima
Per your request dated February 9, 2010, specific addresses or sections of the city have been
identified as business locations known as baristas coffee shops. These locations were listed
as Brewlesque Espresso, 324 N 1 St, Yakima, WA; MoulinBrew, 2412 S 1 St., Yakima,
WA; DejaBrew, 315 W Washington Ave, Yakima, WA and DreamGirls Espresso, 10 W
Yakima Ave, Yakima, WA. I conducted a thorough review of all Part I and Part II crimes for
the identified areas; additionally, I reviewed statistics of reported burglaries, vehicle thefts
and car prowls, as well as person's crimes from 1 January 2009 to 31 December 2009. The
statistics figures were collected, collated and evaluated by count or frequency in each of the
identified addresses, thus determining those areas with the highest incidence of reported
crimes. The focus of this analysis was targeted by areas as opposed to commercial targeting
which was not considered. Based on the above components, the following data summary
was prepared for information regarding reported crime, calls for service and arrest activity at
the location for the aforementioned period:
Crime Activity through the reported periods was reported within .10 mile radius as follows
for the following addresses for the indicated time period:
LOCI TIOA' NUMBER OF ('K /IIIIs.S . l C'T(1,1 /. LO(' T /ON
.10 MILE RAD IUS'
Brewlesque Espresso, 324 N 1" St, 166 Of the 166 cases reported to this
Yakima Most of the offenses reported office, only 3 cases occurred at
were listed as: 4 Burglaries, 4 the listed location.
Assaults, 8 Narcotic Violations One Burglary; One Sex Offense
and 45 Vehicle violations. and One Counterfeit Offense
MoulinBrew, 2412 S 1 St, Yakima 18 None
Most of the offenses reported
were listed as: 2 Burglaries; 2
Fraud Investigations and 2 Sex
Investigations.
DejaBrew, 315 W Washington Ave, 28 None
Yakima Most of the offenses reported
were listed as: 3 Theft Offenses
and 6 Vehicle Violations
DreamGirls Espresso, 10 W Yakima 132 Of the 132 Offenses reported,
Ave, Yakima, WA Most of the offenses reported only two offenses occurred at
were listed as: 7 Burglaries, 4 the listed location. One
Assaults, 12 DUI, 3 Narcotic Vandalism offense and one
Violations, 13 Thefts and 27 Assault.
Vehicle violations.
Subject: Request for Crime Figures for Specific Addresses within the City of Yakima
In contrast, the following data was collated to indicate crimes committed within 500 ft of the
addresses listed in this report:
1.0CA'I' NUMBER 01 ('RIMI.S
Brewlesque Espresso, 326 N 1St St, Yakima 160
DejaBrew, 315 W Washington Ave, 28
Yakima
DreamGirls Espresso, 10 W Yakima Ave, 109
Yakima, WA
MoulinBrew Espresso, 2412 S 1 St, 18
Yakima
As a matter of comparison, the Yakima City wide crime figures for 2008 versus 2009 were
compared as indicated below:
Part I Crimes
YTD Comparison & Percent Change
4500 — -- 80.0%
4000 – 60.0%
50%
3500 – 43% s76 40.0%
3000 –
10% 20.0%
2500 -
1% 3% -4% 0.0%
2000 -14%
14811623 . 2% -20.0%
1500 1 , 351
1000 - -56% 800 -40.0%
500 - 60.0%
8 12 47 67 10246 134136
Criminal Forcible Sex Robbery Agg Burglary Larceny Vehicle Arson
Homicide Rape Assault Theft Theft
iN= 2008 EMS 2009 % Change
Crime decreases were observed in the following categories: Burglary, Larceny Theft, Auto theft, Assaults.
It is worth mentioning that when the current crime statistical data is compared against the previous year for the
City of Yakima, there is an overall decline in crime of 10.81 %.
See table below for details:
2008 2009 Change
Criminal
Homicide 8 12 50.0%
Forcible Rape 47 67 42.6%
Sex 102 45 -55.9%
Robbery 134 136 1.5%
Assaults (All) 1481 1523 2.8%
Burglary 1230 1351 9.8%
Larceny Theft 3937 3076 -21.9%
2
Subject: Request for Crime Figures for Specific Addresses within the City of Yakima
Vehicle Theft 800 690 -13.8%
Arson 28 27 -3.6%
7767 6927 -10.81%
The largest single percentage increase in Part I Crimes involved Rape listing an increase of 42.6% or a
difference of 20 cases. Although Homicides shows an increase of 50 %, I must indicate that caution should be
exercised when interpreting low numbers as the percentage changes will be significant when interpreting small
numbers as they could skew the results, given the impression of very high or low percentage changes.
In addition, I should indicate that there are 380 registered sex offenses within the Yakima city limits.
Point of contact is the undersigned, at 509 -576 -6517.
/s/
Cesar Abreu
Supervisor
Crime Intelligence Analyst Unit
Yakima Police Department
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