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Home My WebLink About2005-06-28; City Council; 18187 v1 01-07; Exhibits to Staff Report Regulating Adult Businesses and PerformersSUMMARY OF LAND USE STUDIES RELATING TO SECONDARY EFFECTS OF "ADULT" BUSINESSES 1. LAND USE STUDY: Amarillo, Texas DATE: September 12, 1977 OVERVIEW: This planning department report cites several sources including national news magazines, "adult business" ordinances from other cities, and American Society of Planning Officials report and pertinent Supreme Court decisions. Lengthy explanation of the Miller test (with legal definitions), discussions of Young v. American Mini Theaters, and a comparison of the Boston and Detroit zoning models are included, The city defined "adult businesses" as taverns, lounges, lounges with semi-nude entertainment, and bookstores or theaters with publications featuring nudity and explicit sexual activities. At the time, Amarillo had three such theaters and four bookstores with space for such publications. FINDINGS: The police department provided an analysis showing that areas of concentrated "adult only" businesses had 2% times the street crime as the city average. The planning department concluded that concentrations of these businesses have detrimental effects on residential and commercial activities caused by: (1) noise, lighting and traffic during late night hours; (2) increased opportunity for street crimes; and (3) the k% W. tendency of citizens to avid such business areas. The study noted that lack of zoning regulations would lead to concentrations of sexually oriented businesses (causing increased crime) or more such establishments locating near residential areas or family and juvenile oriented activity sites (churches, parks, etc.). RECOMMENDATIONS: (1) Adult businesses locate 1,000 feet from each other; no recommended distance was specified from residential zones or familyljuvenile activities; (2) city development of an amortization schedule and permit/licensing mechanism; (3) city regulation of signs and similar forms of advertising; (4) vigorous enforcement of State Penal Code, especially relating to "harmful to minors;" and (5) city amendments prohibiting minors form viewing or purchasing sexually oriented materials (enforced physical barriers). 2. LAND USE STUDY: Austin, Texas DATED: May 19, 1986 OVERVIEW: The report was the basis for developing an amendment to existing sexually oriented business ordinances. At the time, 49 such businesses operated in Austin, mostly bookstores, theaters, massage parlors and topless bars. The study examined crime rates, property values, and trade area characteristics. -' 4% The report focused on sexually related crimes in four study areas (with sexually "*ul oriented businesses) and four control areas (close to study areas and similar). Two study areas had one sexually oriented business and the others had two such businesses. To determine the effects of these businesses on property values, the city sent surveys to 120 real estate appraising or lending firms (nearly half responded). For trade area characteristics, three businesses (a bookstore, theater and topless bar) were observed on a weekend night to determine customer addresses. CRIME: Sexually related crime ranged from 177-482% higher in the four study areas than the city average. In the two study areas containing two sexually oriented businesses, the rate was 66% higher than in the study areas with one such business. All control areas had crime rates near the city average. REAL ESTATE: 88% said that a sexually oriented business within one block of a residential area decreases the value of the homes (33% said depreciation would be at least 20%). Respondents also said such a business is a sign of neighborhood decline, making underwriters hesitant to approve the 90-95% financing most home buyers require. They said commercial property is also negatively effected by such businesses. TRADE AREA CHARACTERISTICS: Of 8 1 license plates traced for owner address, only three lived within one mile of the sexually oriented business. 44% were -4 from outside Austin. RECOMMENDATIONS: (1) Sexually oriented businesses should be limited to highway or regionally-oriented zone districts; (2) businesses should be dispersed to avoid concentration; and (3) conditional use permits should be required for these businesses. 3. LAND USE STUDY: Beaumont, Texas DATE: September 14,1982 OVERVIEW: This report by the city planning department encourages amendments to existing "adult business" ordinances to include eating or drinking places featuring sexually oriented entertainment (strippers, etc.). Zoning laws required "adult uses" to locate 500 feet from residential areas; 300 feet from any other adult bookstore, adult theater, bar, pool hall or liquor store; and 1,000 feet from a church, school, park, or recreational facility where minors congregate. CRIME: Police verified that bars, taverns, and lounges (especially those with sexually oriented entertainment) are frequent scenes of prostitution and the saleluse of narcotics. On the whole, all criminal activity was higher at sexually oriented businesses. -r, . *k RECOMMENDATIONS: (1) Add eatingldrinking places that exclude minors (under Texas law), unless accompanied by a consenting parent, guardian or spouse; (2) require specific permits for areas zoned as General Commercial-Multiple Family Dwelling Districts; and (3) reduce the required distance of sexually oriented businesses from residential areas, school, sparks, and recreational facilities from 1,000 to 750 feet. 4. LAND USE STUDY: Cleveland, Ohio DATE: August 24, 1977 OVERVIEW: This police department report is taken from information given by Captain Delau participating in a panel discussion at the National Conference on the Blight of Obscenity held in Cleveland July 28-29, 1977. The topic was "The Impact of Obscenity on the Total Community." Crime statistics are included for 1976 robberies and rapes. Areas evaluated were census tracts (204 in the whole city, 15 study tracts with sexually oriented businesses). At the time of the study, Cleveland had 26 pornography outlets (8 movie houses and 18 bookstores with peep shows). Their location was not regulated by city zoning laws. FINDINGS: For 1976, study tracts had nearly double the number of robberies as the city as a whole (40.5 per study tract compared to 20.5 for other city tracts). In one study tract with five sexually oriented businesses and 730 people, there were 136 robberies. In the city's largest tract (13,587 people, zero pornography outlets) there were only 14 robberies. Of the three tracts with the highest incidence of rape, two had sexually oriented businesses and the third bordered a tract with two such businesses. In these three, there were 4 1 rapes in 1976 (14 per tract), nearly seven times the city average of 2.4 rapes per census tract. CONCLUSION: "Close scrutiny of the figures from the Data Processing Unit on any and every phase of the degree of crime as recorded by census tracts indicates much higher crime rate where the pornography outlets are located." 5. LAND USE STUDY: Garden Grove, California DATE: October 23, 199 1 OVERVIEW: This report by independent consultants summarizes statistical analyses to determine a basis for adult business regulations because of their negative impact on the community in terms of crime, decreased property values and diminished quality of life. Statistics were measured form 198 1-90 and included crime data, and surveys of real estate professionals and city residents. Garden Grove Boulevard, with seven adult businesses, was selected as the study area. The study incorporated many -4 control factors to insure accurate results. The report includes a brief legal history of adult *rau J a\ business regulation and an extensive appendix with samples, materials and a proposed wwfl statute. CRIME: Crime increases significantly with the opening of an adult business or with the expansion of an existing business or the addition of a bar nearby. The rise was greatest in "serious" offenses (termed "Part I" crimes: homicide, rape, robbery, assault, burglary, theft and auto theft). On Garden Grove Boulevard, the seven adult businesses accounted for 36% of all crime in the area. In one case, a bar opened less than 500 feet from an adult business, and serious crime within 1,000 feet of that business rose more than 300% the next year. REAL ESTATE: Overwhelmingly, respondents said that an adult business within 200-500 feet of residential and commercial property depreciates the property value. The greatest impact was on single family homes. The chief factor cited for the depreciation was the increased crime associated with adult businesses. HOUSEHOLD SURVEYS: 1 18 calls were completed in a random sample of households in the Garden Grove Boulevard vicinity. The public consensus was that adult businesses on Garden Grove Boulevard were a serious problem. Nearly 25% of the surveyed individuals lived within 1,000 feet of an adult business. More than 21% cited la%mm8L specific personal experiences of problems relating to these businesses, including crime, noise, litter, and general quality of life. 80% said they would want to move if an adult business opened in their neighborhood, 60% saying they "would move" or "probably would move." 85% supported city regulation of the locations of adult businesses, with 78% strongly advocating the prohibition of adult businesses within 500 feet of a residential area, school or church. Women commonly expressed fear for themselves and their children because of adult businesses. RECOMMENDATIONS: The report concludes that adult businesses have "real impact" on everyday life through harmful secondary effects and makes four recommendations: (1) keep current requirement of 1,000 feet separation between adult businesses; (2) prohibit adult establishments within 1,000 feet of residential areas; (3) enact a system of conditional use permits for adult businesses with Police Department involvement in every aspect of the process; and (4) prohibit barsltaverns within 1,000 feet of an adult business. 6. LAND USE STUDY: Houston, Texas DATE: November 3, 1983 OVERVIEW: Report by the Committee on the Proposed Regulation of Sexually re& Oriented Businesses determines the need and appropriate means of regulating such bsU, businesses. Four public hearings provided testimony from residents, business owners, .% realtors, appraisers, police and psychologists. The committee and legal department then "4' reviewed the transcripts and drafted a proposed ordinance. More hearings obtained public opinion on the proposal and the ordinance was refined for vote by the City Council. TESTIMONY: The testimony was summarized into six broad premises: (1) the rights of individuals were affirmed; (2) sexually oriented businesses could exist within regulations that minimize their adverse effects; (3) the most important negative effects were on neighborhood protection, community enhancement, and property values; (4) problems increased when these businesses were concentrated; (5) such businesses contributed to criminal activities; and (6) enforcement of existing statutes were difficult. ORDINANCE: (1) Required permits for sexually oriented businesses (non- refundable $350 application fee); (2) distance requirements: 750 feet from a church or school; 1,000 feet from other such businesses; 1,000 foot radius fiom an area of 75% residential concentration; (3) amortization period of six months that could be extended by the city indefinitely on the basis of evidence; (4) revocation of permit for employing minors (under 17), blighting exterior appearance or signage, chronic criminal activity (three convictions), and false permit information; and (5) age restrictions for entry. LAND USE STUDY: Houston, TX DATE: January 7, 1997 OVERVIEW: This report by the Sexually Oriented Business Revision Committee to the City Council concerns a proposed amendment and addition to the present ordinance. The report summarizes prior efforts to regulate sexually oriented businesses, testimony by the Vice Division of the Houston Police Department, reports and requests, citizen correspondence, industry memos, legal department research, the public testimony taken by the Committee. The purpose of this report was to review the existing city ordinance and the city's ability to enforce it, and to assess and analyze the ordinance with respect to its strengths and weaknesses in terms of how effectively the ordinance protects the public and the businesses subject to regulation. FINDINGSICONCLUSIONS: (1) Because of criminal activities associated with sexually oriented businesses, requiring the licensing of entertainers and managers can establish a foundation for documenting those with prior convictions for prostitution, public lewdness, etc. and can help eliminate underage entertainers (under 18); (2) a serious predicament in obtaining convictions for public lewdness, prostitution, indecent exposure, and other criminal activities exists because police officers do not engage in inappropriate behavior and the entertainer thus avoids lewd behavior that might normally -. occur; (3) "glory holes" are used to promote anonymous sex and facilitate the spread of wed' sexually transmitted diseases; (4) sexually oriented businesses that did not have clear +4 lines of vision encouraged lewd behavior or sexual contact; (5) multi-family tracts were i~a*~ being counted as one tract in the residential quota, although many families were living independently upon one tract; (6) inadequate lighting prevents managers and police officers from monitoring illegal activities, and one possible approach is to make lighting requirements similar to the minimum requirements of the Uniform Building Code for "exit" signs; (7) businesses with locked rooms were often used as fi-onts for prostitution; (8) public parks and possibly private parks should be included in distancing restrictions; (9) notification of a pending sexually oriented business permit should be given to surrounding neighbors of proposed sites; and (10) continuation of the amortization provisions of the previous ordinances would be preferable to grandfathering nonconforming sexually oriented businesses since grandfathering such businesses allows those uses to continue in perpetuity, creates a monopolistic position for such uses and prevents the municipality from exercising its power to protect its residents. ORDINANCE: (1) Include "arcade devices" (enclosed booths) intended for viewing by less than one hundred persons in the prohibition for enclosed booths; (2) prohibit wall penetrations ("glory holes"); (3) increase distance requirements from 750 feet to 1,500 feet for churches, schools and day care centers, and increase the radius for counting residential tracts from 1,000 feet to 1,500 feet, without unduly restricting availability of locations; (4) for each acre of multi-family tract, utilize a ratio of eight ,err single family tracts; (5) extend signage and exterior appearance restrictions to businesses i*lrf located in multi-tenant centers; (6) require lighting of intensity to illuminate customer areas to not less than one foot candle as measured at four feet above floor level; (7) include public parks and if possible, private parks as protected land uses; (8) upon filing of a permit application, applicants must place signs at the premises and publish notices in the newspaper; (9) require permits for all entertainers and managers; (10) prohibit entertainers from touching customers; and (1 1) continue amortization of existing businesses with extensions of time for affected businesses to comply (prior average extensions were for about 2 to 3 years). 7. LAND USE STUDY: Indianapolis, Indiana DATED: February 1 984 OVERVIEW: After a ten year growth in the number of sexually oriented businesses (to a total of 68 of 43 sites) and numerous citizens' complaints of decreasing property values and rising crime, the city compared six sexually oriented business "study" areas and six "control" locations with each other and with the city as a whole. The study and control areas had high population, low income and older residences. In order to develop a "best professional opinion," the city collaborated with Indiana University on a national survey of real estate appraisers to determine valuation effects of el. sexually oriented businesses on adjacent properties. 'krsuJ CRIME: From 1978-82, crime increases in the study areas were 23% higher than %&r* the control areas (46% higher than the city as a whole). Sex related crimes in the study areas increased more than 20% over the control areas. Residential locations in the study areas had a 56% greater crime increase than commercial study areas. Sex related crimes were four times more common in residential study areas than commercial study areas with sexually oriented businesses. REAL ESTATE: Homes in the study areas appreciated at only '/z the rate of homes in the control areas, and '/3 the rate of the city. "Pressures within the study areas" caused a slight increase in real estate listings, while the city as a whole had a 50% decrease, denoting high occupancy turnover. Appraisers responding to the survey said one sexually oriented business within one block of residences and businesses decreased their value and half of the respondents said the immediate deprecation exceeded 10%. Appraisers also noted that value depreciation on residential areas near sexually oriented businesses is greater than commercial locations. The report concludes: "the best professional judgment available indicates overwhelmingly that adult entertainment businesses - even a relatively passive use such as an adult bookstore - have a serious negative effect on their immediate environs." RECOMMENDATIONS: Sexually oriented businesses locate at least 500 feet dm-h from residential areas, schools, churches or established historic areas. rgWf 8. LAND USE STUDY: Los Angeles, California DATE: June 1977 OVERVIEW: The department of city planning studied the effects of the concentration of sexually oriented businesses on surrounding properties for the years 1969-75 (a time of proliferation for such businesses). The report focuses on five areas with the greatest concentration of these businesses (compared to five "control" areas free of them), and cites data from property assessmentslsales, public meeting testimony, and responses from two questionnaires (one to business/residential owners within a 500 foot radius of the five study areas and a second to realtorslreal estate appraisers and lenders). Crime statistics in the study areas were compared to the city as a whole. Also included: a chart of sexually oriented business regulations in eleven major cities, details of current regulations available under statelmunicipal law, and appendices with samples of questionnaires, letters, and other study materials. PROPERTY: While empirical data from 1969-75 did not conclusively show the relation of property valuations to the concentration of sexually oriented businesses, more than 90% of realtors, real estate appraisers and lenders responding to city questionnaires Mab. said that a grouping of such businesses within 500- 1,000 feet of residential property decreases the market value of the homes. Also, testimony from residents and business people at two public meetings spoke overwhelmingly against the presence of sexually oriented businesses citing fear, concern for children, loss of customers and difficulty in hiring employees at non-adult businesses, and the necessity for churches to provide guards for their parking lots. CRIME: More crime occurred in areas of sexually oriented business concentration. Compared to city-wide statistics for 1969-75, areas with several such businesses experienced greater increases in pandering (340%), murder (42.3%), aggravated assault (45.2%), robbery (52.6%), and purse snatching (1 7%). Street robberies, where the criminal has face-to-face contact with his victim, increased almost 70% more in the study areas. A second category of crime, included other assaults, forgery, fraud, counterfeiting, embezzlement, stolen property, prostitution, narcotics, liquor laws, and gambling increased 42% more in the study areas over the city as a whole. RECOMMENDATIONS: The study recommended distances of more than 1,000 feet separating sexually oriented businesses from each other, and a minimum of 500 feet separation of such businesses from schools, parks, churches and residential areas. 9. LAND USE STUDY: Minneapolis, Minnesota DATE: October 1980 OVERVIEW: This report is divided into two sections: the relationship of bars and crime and the impact of "adult businesses" on neighborhood deterioration. In the study, an "adult business" is one where alcohol is served (including restaurants) or a sexually oriented business (i.e., sauna., adult theaters and bookstores, rap parlors, arcades, and bars with sexually oriented entertainment). Census tracts were used as study areas and evaluated for housing values and crime rates. Housing values were determined by the 1970 census compared to 1979 assessments. Crime rates were compared for 1974-75 and 1979-80. The study is strictly empirical and reported in a formal statistical manner; therefore it is difficult for layman interpretation of the data. FINDINGS: The report concludes that concentrations of sexually oriented businesses have significant relationship to higher crime and lower property values. Other than statistical charts, no statements of actual crime reports or housing values are included in the report. Thus, the lay reader has only the most generalized statement of how the committee interpreted the empirical data. RECOMMENDATIONS: First, that adult businesses be at least 1/10 mile (about 500 feet) from residential areas. Second, that adult business should not be adjacent to Ullr. each other or even a different type of late night business (i.e., 24-hour laundromat, movie -# theaters). Third, that adult businesses should be in large commercial zones in various --, parts of the city (to aid police patrol and help separate adult businesses from residential "ru~f neighborhoods). The report said "policies which foster or supplement attitudes and activities that strengthen the qualities of the neighborhood are more likely to have desired impacts on crime and housing values than simple removal or restriction of adult businesses." 10. LAND USE STUDY: New York, New York DATE: November 1994 OVERVIEW: This study by the Department of City Planning evaluates the nature and extent of adverse impacts associated with adult entertainment uses in communities in New York City, in response to the proliferation of such uses (35% increase in past 10 years) and the fact that current zoning regulations did not distinguish between adult entertainment uses and other commercial uses without an "adult character." The study reviewed studies in other localities, including Islip, Los Angeles, Indianapolis, Whittier, Austin, Phoenix, and the State of Minnesota, as well as prior studies conducted in New York City. Surveys in six study areas within the city (with lesser concentrations of adult uses than Times Square) were conducted of representatives from community boards, local organizations and local businesses, as well as real estate brokers, police and sanitation officers, and representatives of the adult entertainment industry to gather e. information on land use, street and signage conditions, and other impacts of adult ~*ar*r* entertainment uses. An analysis of assessed values and crime data was also made. FINDINGS: More than 75% of adult uses are located in zoning districts that permit residential uses. Adult uses tend to concentrate, as 75% of the adult uses are located in ten of the city's 59 Community Districts. Adult uses tend to cluster in central locations or along major vehicular routes. Adult use accessory business signs are characterically at odds with neighborhood character - such signs generally occupy a greater percentage of storefront surface area, are more often illuminated and more often portray graphic, sexually-oriented images than the signs of other nearby commercial uses. 80% of surveyed real estate brokers reported that an adult entertainment use would have a negative impact upon the market value of property within 500 feet, and a majority indicated the same would occur within 500 to 1,000 feet. 80% of surveyed community organizations responded that adult entertainment uses negatively impact the community in some way, and almost 50% of surveyed businesses responded that they believed their businesses would be negatively affected if more adult uses were to locate nearby. Community residents expressed the strongest negative reactions to adult uses, and expressed fear of the consequences of the proliferation and concentration of adult uses in neighborhood-oriented shopping areas and of a deterioration in the quality of urban life, even in study areas where it could not be readily determined that negative impacts were J**)I. being felt. Attitudinal data of the surveys are significant even where the negative -bwYf impacts are currently difficult to measure, since negative perceptions associated with an -x*", area can lead to disinvestment in residential neighborhoods and economic decline ypulv because of a tendency to avoid such shopping areas. The analysis of criminal complaint data and property assessed valuation data was less conclusive than the surveys. RECOMMENDATIONS: The study concludes that it is appropriate to regulate adult entertainment establishments differently from other commercial establishments. Because of the negative impacts of adult uses in concentration, restrictions on the location of adult uses in proximity to residential areas, to houses of worship, to schools and to each other should be considered in developing adult use regulations. 1 1. LAND USE STUDY: Newport News, Virginia DATED: March 1996 12. LAND USE STUDY: Oklahoma City, Oklahoma DATED: March 3, 1986 OVERVIEW: This study contains the results of a survey of 100 Oklahoma City real estate appraisers. Appraisers were given a hypothetical situation and a section to comment on the effect of sexually oriented businesses in Oklahoma City. The hypothetical situation presented a residential neighborhood bordering an arterial street .'rn*. with various commercial properties which served the area. A building vacated by a ~~rr hardware store was soon to be occupied by an "adult" bookstore. No other sexually oriented businesses were in the area and no other vacant commercial space existed. With less than a one month response time, 34 completed surveys were received by the city. FINDINGS: 32% of the respondents said that such a bookstore within one block of the residential area would decrease home values by at least 20%. Overwhelmingly, respondents said an "adult" bookstore would negatively effect other businesses within one block (76%). The level of depreciation is greater for residences than businesses. The negative effects on property values drop sharply when the sexually oriented business is at least three blocks away. In the subjective portion, 85% of the respondents noted a negative impact on sexually oriented businesses on Oklahoma City. Frequent problems cited by the appraisers included the attraction of undesirable clients and businesses, safety threats to residents and other shoppers (especially children), deterrence of home sales and rentals, and immediate area deterioration (trash, debris, vandalism). CONCLUSIONS: Oklahoma City's findings supported results fiom other national studies and surveys. Sexually oriented businesses have a negative effect on property values, particularly residential properties. The concentration of sexually oriented businesses may mean large losses in property values. 13. LAND USE STUDY: Phoenix, Arizona DATE: May 25, 1979 OVERVIEW: The study examines crime statistics for 1978 comparing areas which have sexually oriented businesses with those that do not. The results show a marked increase in sex offenses in neighborhoods with sexually oriented businesses, with modest increases in property and violent crimes as well. Three study areas (near locations of sexually oriented businesses) and three control areas (with no sexually oriented businesses) were selected. The study and control areas were paired according to the number of residents, median family income, percentage of non-white population, median age of population, percentage of dwelling units built since 1950, and percentage of acreage used for residential and no-residential purposes. CRIME: Three categories of criminal activity were included in the study: property crimes (burglary, larceny, auto theft), violent crimes (rape, murder, robbery, assault), and sex crimes (rape, indecent exposure, lewd and lascivious behavior, child molestation). r*\ Average results from all three studylcontrol areas, sex offenses were 506% greater in neighborhoods where sexually oriented businesses were located. (In one study area, sex crimes were more than 1,000% above the corresponding control area.) Property crimes were 43% greater. Violent crimes were only slightly higher (4%). Even excluding indecent exposure arrests (the most common sex offense), other sex crimes (rape, lewd and lascivious behavior, child molestation) in the study areas were 132% greater than control areas. REQUIREMENTS: The Phoenix ordinance requires sexually oriented businesses to located at least 1,000 feet from another sexually oriented business and 500 feet from a school or residential zone. Approval by the city council and area residents can waive the 500 foot requirement. A petition which is signed by 5 1% of the residents in the 500 foot radius who do not object must be filed and verified by the planning director. 14. LAND USE STUDY: Seattle, Washington DATED: March 24, 1989 OVERVIEW: The report concerns a proposed amendment to add topless dance halls to existing land use regulations for "adult entertainment establishments." Seattle had eight such dance halls (termed "adult cabarets"), six established since 1987. The 4% study relies on reports from a number of cities, including Indianapolis, Los Angeles, -* Phoenix, Austin and Cleveland. -If -w@ FINDINGS: The increased number of cabarets resulted in citizen complaints, including phone calls, letters (from individuals and merchant associations), and several petitions with hundreds of signatures. Protests cited decreased property values; increased insurance rates; fears of burglary, vandalism, rape, assaults, drugs, and prostitution; and overall neighborhood deterioration. The report notes that patrons of these cabarets most ofien are not residents of nearby neighborhoods. Without community identity, behavior is less inhibited. Increased police calls to a business, sirens, and traffic hazards from police and emergency vehicles are not conducive to healthy business and residential environments. RECOMMENDATIONS: Since city zoning policy is based on the compatibility of businesses, the report recommends that the cabarets locate in the same zones as "adult motion picture theaters." This plan allows about 130 acres for such businesses to locate throughout the city. 15. LAND USE STUDY: Times Square (New York City), New York DATE: April 1994 OVERVIEW: This study commissioned by the Times Square Business Improvement District ("TSBID") evaluates the effect of adult use businesses on the city's TSBID, and more specifically, on the areas within the TSBID where such businesses are densely concentrated. The study combined analysis of available data on property values and incidence of crime with a demographic and commercial profile of the area to determine the relationship between the concentration of adult use businesses and negative impacts on businesses and community life. The study also included 54 interviews conducted with a broad range of diverse business and real estate enterprises, including major corporations, smaller retail stores, restaurants, theatres and hotels, as well as Community Boards, block associations, activists and advocates, churches, schools and social service agencies. REAL ESTATE: This part of the study compared the assessed property values over time, and the rate of change, of four study blocks and contrasting control blocks where no adult use businesses existed. This analysis also compared the study and control blocks' assessed valuation to that of the TSBID, Manhattan, and the city as a whole. The rate of increase of the total actual assessed values of the study blocks between 1985 and 1993 was less than the rate of increase for the control blocks during the same period. An assessment of the study blocks also revealed that the rates of increases in assessed value for properties with adult establishments was greater than the increase for properties on the same blockfiont without adult establishments (possibly because of greater rents paid - by some adult establishments). A high official in the Department of Finance indicated w( that the presence of adult use businesses adversely affects neighboring properties since 'Ir, such presence is factored into the locational aspect of the appraisal formula. 4 CRIME: This part of the study compared the number of criminal complaints over a three month period for the study blocks and the control blocks. There were about twice as many criminal complaints for the study blocks as the control blocks. There was a reduction in criminal complaints the further away from the study block area of dense concentration of adult use businesses. The heaviest incidence of prostitution arrests also occurred in the study block area of dense concentration of adult use businesses. The study also noted that police statistics showed a decrease in crime in Times Square for the past five year period, which paralleled the decrease in the number of adult use businesses. INTERVIEWS: Property and business owners expressed the view that adult use businesses have a negative effect on the market or rental values of businesses located in their vicinity, and emphasized the negative effects of a concentration of such businesses in affecting the overall image of the area. Restaurant owners expressed that the presence of adult use businesses was not good for their businesses, created a perception that the area was unsavory, made it difficult to book corporate parties, and negatively affected their businesses because of the flamboyant advertising. Community residents and organizations expressed their belief that adult use businesses attract loiterers, drug dealers, and prostitutes, and result in increased instances of criminal activity. - " 16. LAND USE STUDY: Tucson, Arizona DATED: May 1,1990 OVERVIEW: This report is a memorandum from Police Department Investigative Services to the City Prosecutor describing events and activities at "adult entertainment bookstores and establishments" that support stronger ordinances. Investigation had been in progress since 1986 following numerous complaints of illegal sexual activity and unsanitary conditions. FINDINGS: Officers found a wide variety of illegal sexual conduct at all adult businesses. At virtually every such business, employees were arrested for prostitution or obscene sex shows. Dancers were usually prostitutes where, for a price, customers could observe them performing live sex acts. At several businesses, customers were allowed inside booths with dancers and encouraged to disrobe and masturbate. Many times, dancers would require customers to expose themselves before they would perform. Underage dancers were found, the youngest being a 15 year old female. Within peep booths, officers found puddles of semen on the floor and walls. If -, customers had used tissues, these were commonly on the floor or in the hallway. On two "ulru' occasions, fluid samples were collected from the booths. In the first instance, 2 1 of 26 samples (8 1%) tested positive for semen. In the second sampling, 26 of 27 fluid samples %mf (96%) tested positive for semen. "Glory holes" in the walls between adjoining booths facilitated anonymous sex acts between men. RECOMMENDATIONS: (1) The bottom of the door in peep booths must be at least 30 inches from the floor so that an occupant can be seen from waist down when seated; (2) the booth cannot be modified nor can a chair be used to circumvent the visibility of the client; (3) employee licensing that includes a Police Department background check; and (4) in the event of a denied or revoked license, the requirement of a hearing before any action is taken. 17. LAND USE STUDY: Whittier, California DATE: January 9, 1978 OVERVIEW: After experiencing a rapid growth of sexually oriented businesses since 1959, the Whittier City Council commissioned a study of the effects of businesses on the adjacent residential and commercial area. At the time of the study, Whittier had 13 such businesses: six'model studios, four massage parlors, two bookstores, and one theater. Utilizing statistics, testimonies, and agency reports, the study compared two residential areas and four business areas over a span of ten years (1968-1977). One *I-%. residential area was near the largest concentration of sexually oriented businesses, the -I other had no commercial frontage but was chosen because of similar street patterns, lot sizes and number of homes. For businesses, Area 1 had six sexually oriented businesses, Area 2 had one, Area 3 had three, and Area 4 had none. 1973 was selected as the year to compare beforelafter effect of these businesses. Two chief concerns cited in the report are residential~business occupancy turnover and increased crime. OCCUPANCY TURNOVER: After 1973,57% of the homes in the sexually oriented business area had changes of occupancy, compared to only 19% of the non- sexually oriented business area. Residents complained of "excessive noise, pornographic material left laying about, and sexual offenders (such as exhibitionists) venting their fi-ustrations in the adjoining neighborhood." Citizens also expressed concern about drunk drivers coming into the area. Business Area 1, with the highest concentration of sexually oriented businesses (6), experienced a 134% increase in annual turnover rate. Area 3, with three adult businesses at one location, showed a 107% turnover rate. Area 2 (with one adult business) had no measurable change and Area 4 (with no commercial or sexually oriented businesses) experienced a 45% decrease in turnover from similar periods. CRIME: The city council looked at the two residential areas for the time periods e of 1970-73 (before sexually oriented businesses) and 1974-77 (after such businesses). In the sexually oriented business area, criminal activity increased 102% (the entire city had *, only an 8.3% increase). Certain crimes skyrocketed (malicious mischief up 700%; all wr assaults up 387%; prostitution up 300%). All types of theft (petty, grant, and auto), increased more than 120% each. Ten types of crime were reported of the first time ever in the 1974-77 period. RECOMMENDATIONS: The council's report recommended a disbursement type ordinance that prohibits sexually oriented businesses closer than 500 feet to residential areas, churches, and schools. Distances between such businesses was recommended at 1,000 feet. In addition, the study proposed a 1,000 foot separation from parks because of their use by citizens after normal working hours. Sexually oriented businesses would be given an 18-36 month amortization period (if the change involved only stock in trade, a 90 days period was recommended). SUMMARIES OF KEY REPORTS CONCERNING THE NEGATIVE SECONDARY EFFECTS OF SEXUALLY ORIENTED BUSINESSES compiled by Louis F. Comus 111' PHOENIX, ARIZONA May 25, 1979 The study examined crime statistics for 1978, comparing areas that have sexually oriented businesses with those that do not. The results show a marked increase in sex offenses in neighborhoods with sexually oriented businesses, and increases in property and violent crimes as well. Three study areas (near locations of sexually oriented businesses) and three control areas (with no sexually oriented businesses) were selected. The study and control areas were paired accordq to the number of residents, median family income, percentage of nonwhite population, median age of population, percentage of dwelling units built since 1950, and percentage of acreage used for residential and nonresidential purposes. Three categories of criminal activity were included in the study: property crimes (burglary, <d larceny, auto theft), violent crimes (rape, murder, robbery, assault), and sex crimes (rape, indecent exposure, lewd and lascivious behavior, child molestation). On average, the number of sex offenses was 506 percent greater in neighborhoods where sexually oriented businesses were located. In one of the neighborhoods the number was 1,000 percent above the corresponding control area. Of the sex offenses, indecent exposure was the most common offense and the largest contributor to the increase of crimes in areas where sexually oriented businesses were located. Even without considering the crime of indecent exposure the number of other sex crimes, such as rape, lewd and lascivious behavior, and child molestation, was 132 percent greater than in control areas without sexually oriented businesses. On average, the number of property crimes was 43 percent greater in neighborhoods where sexually oriented businesses were located, and the number of violent crimes was 4 percent higher in those areas. The Phoenix odimnce requires sexually oriented businesses to locate at least 1,000 feet hm other sexually oriented businesses and 500 feet hm schools or residential zones. Approval by the City Council and area residents can waive the 500 foot requirement. l Attorney, Glendale, Arizona. J.D., Vanderbilt University School of Law, 1998; M.A., University of Oxford, 1998; s@i B.A. University of Oxford, 1992; B.A. Yale University, 1990. Admitted in Texas and Arizona. A petition signed by 51 percent of the residents in the 500 foot radius who do not object must be filed and be verified by the Planning Director. GARDEN GROVE, CALIFORNIA September 12, 1991 This report by independent consultants summarked statistics to determine whether adult businesses should be regulated because of their impact on crime, property values and quality of life. Statistics were measured from 1981 to 1990, and included crime data and surveys with real estate professionals and city residents. Garden Grove Boulevard, which has seven adult businesses, was selected as the study area. The study incorporated many control factors to insure accurate results. The report included a brief legal history of adult business regulation and an extensive appendix with sample materials and a proposed statute. Crime increased sigtdicantly with the opening of an adult business, or with the expansion of an existing business or the addition of a bar nearby. The rise was greatest in "serious" offenses (termed "Part I" crimes: homicide, rape, robbery, assault, burglary, theft and auto theft). On Garden Grove Boulevard, the adult businesses accounted for 36 percent of all crime in the area. In one case, a bar opened less than 500 feet from an adult business, and serious crime within 1,000 feet of that business rose more than 300 percent the next year. Overwhelmingly, respondents said that an adult business within 200-500 feet of a residential and commercial property depreciates that propetty value. The greatest impact was on single family homes. The chief factor cited for the depreciation was the increased crime associated with adult businesses. Phone calls were made in a random sample of households in the Garden Grove Boulevd vicinity. The public consensus was that adult businesses in that area were a serious problem. Nearly 25 percent of the surveyed individuals lived within 1,000 feet of an adult business. More than 21 percent cited specific personal experiences of problems relating to these businesses, including crime, noise, litter and general quality of life. Eighty percent said they would want to move if an adult business opened in their neighborhood, with 60 percent saying they "would move" or "probably would move." Eighty five percent supported city regulation of the locations of adult businesses, with 78 percent strongly advocating the prohibition of adult businesses within 500 feet of a residential area, school or church. Women commonly expressed fear for themselves and their children because of adult businesses. The report concluded that adult businesses have a "real impactq1 on everyday life through harmful secondary effects and made four recommendations: (1) keep current requirement of 1,000 feet separation between adult businesses; (2) prohibit adult establishments within /000 feet of residential areas; (3) enact a system of conditional use permits for adult businesses with police department ,-, involvement in every aspect of the process; and (4) prohibit bars or taverns within 1,000 feet of an adult "p*ur business. LOS ANGELES, CALIFORNIA June, 1977 The Department of City Planning studied the effects of the concentration of sexually oriented businesses on surrounding properties for the years 1969-75 (a time of prolifetation for such businesses). The report focuses on five areas with the greatest concentration of these businesses (compared to five "control" areas free of them), and cites data from property assessments/sales, public meeting testimony, and responses from two questionnaires (one to businesdresidential owners within a 500 foot radius of the five study areas and a second to realtodreal estate appraisers and lenders). Crime statistics in the study areas were compared to the city as a whole. Also included: a chart of sexually oriented business regulations in 11 major cities, details of current regulations available under statelmunicipal law, and appendices with samples of questionnaires, letters and other study materials. While empirical data for 1969-75 did not conclusively show the relation of property valuations to the concentration of sexually oriented businesses, more than 90 percent of realtors, real estate appraisers and lenders responding to the city questionnaires said that a grouping of such businesses within 500- 1,000 feet of residential property decreases the market value of the homes. Also residents and business people at two public meetings spoke overwhelmingly against the presence of sexually oriented businesses, citing fear, concern for children, loss of customers and di0iculty in hmng employees *+ at non-adult businesses, and the necessity for churches to provide guards for their parking lots. More crime occurred where sexually oriented businesses were concentrated. Compared to city-wide statistics for 1969-75, areas with several such businesses aperienced greater increases in pandering (340 percent), murder (42.3 percent), aggravated assault (45.2 percent), robbery (52.6 percent), and purse snatching (17 percent). Street robberies, where the criminal has face-to-face contact with his victuq increased almost 70 percent more in the study areas. A second category of crime, including other assaults, forgery, bud, counterfeitmg, embezzlement, stolen property, prostitution, narcotics, liquor laws and gambling increased 42 percent more in the study areas over the city as a whole. The study recommended distances of 1,000 feet between separate sexually oriented businesses, and a minimum of 500 feet separation of such businesses hm schools, parks, churches and residential areas. WHIITER, CALIFORNIA January 9, 1978 After experiencing a rapid growth of sexually oriented businesses since 1969, the Whittier City Councl commissioned a study of the effects of the businesses on the adjacent residential and ma commercial areas. At the time of the study, Whittier had 13 "adult1' businesses: six model studios, four massage parlors, two bookstores and one theater. Utilizing statistics, testimonies and agency reports, w*. '&ur the study compared two residential areas and four business areas over a span of 10 years (1968- 1977). One residential area was near the largest concentration of adult businesses, the other had no cornme~ial fi-ontage but was chosen because of similar street patterns, lot sizes and number of homes. For businesses, Area 1 had six adult businesses, Area 2 had one, Area 3 had three and Area 4 had none. Two chief concerns cited in the report are residential and business occupancy turnovers and increased crime. After 1973, 57 percent of the homes in the adult business area had changes of occupancy, compared to only 19 percent for the norradult business area. Residents complained of "excessive noise, pornographic material left laying about, and sexual offenders (such as exhibitionists) venting their htrations in the adjoining neighborhood." Citizens also expressed concern about drunk drivers coming into the area Business Area 1, with the most concentration of adult businesses (six), experienced a 134 percent increase in annual turnover rate. Area 3, with three adult businesses at one location, showed a 107 percent turnover rate. Area 2 (with one adult business) had no measurable change and Area 4 (with no commercial or adult businesses) experienced a 45 percent decrease in turnover from similar periods. The City Council looked at crime statistics for the two residential areas for the time periods of 1970-73 (before adult businesses) and 1974-77 (after adult businesses). In the adult business area, .-h criminal activity increased 102 percent (the entire city had only an 8.3 percent increase). Certain crimes skyrocketed (malicious mischief up 700 percent; all assaults up 387 pement; prdstitution up 300 "~siar percent). All types of theft (petty, grand and auto) increased more than 120 percent each. Ten types of crime were reported for the first time ever in the 1974-77 period. The Councirs report recommended a dispersal-type ordinance that prohibits adult businesses closer than 500 feet to residential areas, churches and schools, and 1,000 feet from each other. In addition, the study proposed a 1,000 foot separation £tom parks because of their use by citizens after normal working hours. Adult businesses would be given an 18-36 month amortization period (if the change involved only stock in trade, a 90-day period was recommended). INDIANAPOLIS, INDIANA February, 1984 After a 10-year growth in the number of sexually oriented businesses (to a total of 68 on 43 sites) and numerous citizen complaints of decreasing property values and risii crime, the city compared six sexually oriented business "shdy" areas and six "control" locations with each other and with the city as a whole. The study and control areas had high population, low income and older residents. In order to develop a "best professional opinion," the city collaborated with Indiana University on a national survey of real estate appraisers to determine valuation effects of sexually oriented businesses on adjacent properties. From 1978-82, crime increases in the study areas were 23 percent higher than the control areas (46 percent higher than the city as a whole). Sex-related crimes in the study areas increased more than 20 percent over the control areas. Residential locations in the study areas had a 56 percent greater crime increase than commercial study areas. Sex-related crimes were four times more common in residential study areas than commercial study areas with sexually oriented businesses. Homes in the study areas appreciated at only half the rate of homes in the control areas, and one-third the rate of the city. "Pressures within the study areas" caused a slight increase in real estate listings, while the city as a whole had a 50 percent decrease, denoting high occupancy turnover. Appraisers responding to the survey said one sexually oriented business within one block of residences and businesses decreased their value and half of the respondents said the immediate depreciation exceeded 10 percent. Appraisers also noted that value depreciation on residential areas near sexually oriented businesses is greater than on commercial locations. The report concluded: "The best professional judgment available indicates overwhelmingly that adult entertainment businesses -- even a relatively passive use such as an adult bookstore -- have a serious negative effect on their immediate environs." The report recommended that sexually oriented businesses locate at least 500 feet hm residential areas, schools, churches or established historic areas. % +x& MINNEAPOLIS, MINNESOTA October, 1980 This report is divided into two sections: the relationship of bars and crime, and the impact of "adult businesses" on neighborhood deterioration In the study, an "adult business" is one where alcohol is served (including restaurants) or a sexually oriented business (i.e. saunas, adult theaters and bookstores, rap parlors, arcades, and bars with sexually oriented entertainment). Census tracts were used as study areas and evaluated for housing values and crime rates. Housing values were determined by the 1970 census compared to 1979 assessments. Crime rates were compared for 1974-75 and 1979-80. The study is strictly empirical and reported in a formal and statistical manner. The report concluded that concentrations of sexually oriented businesses have significant relationship to higher crime and bwer property values. Other than statistical charts no statements of actual crime reports or housing values are included in the report. Thus, the lay reader has only the most generalized statements of how the committee interpreted the empirical data. The report recommended: (I) that adult businesses be at least one-tenth of a mile (about 500 feet) from residential areas; (2) that adult businesses should not be adjacent to each other or even a different type of late night business (e.g., 24-hour laundromats, movie theaters); (3) that adult businesses should be in large commercial zones in various parts of the city (to aid police patrol and help *a. separate adult businesses from residential neighborhoods). The report said "policies which foster or supplement attitudes and activities that strengthen the qualities of the neighborhoods are more likely to hmw kav" have desired impacts on crime and housing values than simple removal or restriction of adult businesses." CLEVELAND, OHIO August 24, 1977 This police department report is taken hm information given by Captain Delau participating in a panel discussion at the National Conference on the Blight of Obscenity held in Cleveland July 28-29, 1977. The topic was "The Impact of Obscenity on the Total Community." Crime statistics are included for 1976 robberies and rapes. Areas evaluated were census tracts (204 in the whole city, 15 study tracts with sexually oriented businesses). At the time of the study, Cleveland had 26 pornography outlets (eight movie houses ad 18 bookstores with "peep show" booths). Their location was not regulated by city zoning laws. For 1976, study tracts had nearly double the number of robberies as the city as a whole (40.5 per study tract compared to 20.5 for other city tracts). In one study tract with five sexually oriented businesses and 730 people, there were 136 robberies. In the city's largest tract (13,587 people, zero pornography outlets) there were only 14 robberies. Of the three tracts with the highest incidence of rape, two had sexually oriented businesses and the third bordered a tract with two such businesses. In these three, there were 41 rapes in 1976 (14 per tract), nearly seven times the city average of 2.4 rapes -' per census tract. The report concluded that "close scrutiny of the figures hm the Data Processing Unit on any and every phase of the degree of crime as recorded by census tracts indicates a much higher crime rate where the pornography outlets are located." OKLAHOMA CITY, OKLAHOMA March 3,1986 This stuiy contained the results of a survey of 100 Oklahoma City Real Estate Appraisers. Appraisers were given a hypothetical situation and a section to comrnent on the effects of sexually oriented businesses in Oklahoma City. The hypothetical situation presented a residential neighborhood bordering an arterial street with various commercial properhes which served the area. A building vacated by a hardware store was soon to be occupied by an "adult" bookstore. No other sexually oriented businesses were in the area and no other vacant commercial space existed. With less than a one month response time, 34 completed surveys were received by the city. Thuty-two percent of the respondents said that such a bookstore within one block of the residential area would decrease home values by at least 20 percent. Overwhelmingly, respondents said an "adult" bookstore would negatively affect other businesses within one block (76 percent). The level .-, of depreciation is greater for residents than businesses. The negative effects on property values drop sharply when the sexually oriented business is at least three blocks away. In the subjective portion, 86 b~ br percent of the respondents noted a negative impact of sexually oriented businesses on Oklahoma City. Frequent problems cited by the appraisers included the attraction of undesitable clients and businesses, safety threats to residents and other shoppers (especially children). deterrence of home sales and rentals, and immediate area deterioration (trash, debris, vandalism). Oklahoma City's findings supported results from other national studies and surveys. Sexually oriented businesses have a negative effect on property values, particularly residential properhes. The concentration of sexually oriented businesses may mean large losses in property values. AMARILLO, TEXAS September 12, 1977 This Planning Department report cited several sources including national news magazines, "adult business" ordinances fi-om other cities, an American Society of Planning Officials report and pertinent Supreme Court decisions. Lengthy explanation of the Miller test with legal definitions, discussion of Young v. American Mini Theatres, and a comparison of the Boston and Detroit zoning models are included. The city defined "adult businesses" as taverns, lounges, lounges with semi-nude entertainment, and bookstores or theaters with publications featuring nudity and explicit sexual activities. (At the time, Amarillo had three such theaters and four bookstores with space for such publicatio~ls). hdr The police department provided an analysis showing that areas of concentrated "adult only" businesses had two and one-half times the street crime as the city average. The Planning Department concluded that concentrations of these businesses have detrimental effects on residential and commercial activities caused by: (1) noise, lighting and traffic during late night hours; (2) increased oppodty for street crimes; and (3) the tendency of citizens to avoid such business areas. The study noted that lack of zoning regulations would lead to concentrations of sexually oriented businesses (causing increased crime) or more such establishments locating near residential areas or family and juvenile oriented activity sites (churches, parks, etc.). The report recommended: (1) adult businesses locate 1,000 feet &om each other, (no distance was specified ii-om residential zones or familyljuvenile activities); (2) city development of an amortization schedule and permitflicensing mechanism; (3) city regulation of signs and similar forms of advertising; (4) vigorous enforcement of State Penal Code, especially relating to "Harrml to Minors"; (5) city amendments prohibiting minors hm viewing or purchasing sexually oriented materials (enfo~ed physical barriers). AUSTIN, TEXAS May 19, 1986 ~84a- The report was the basis for developing an amendment to existing sexually oriented business b~ ordinances. At the time, 49 such businesses operated in Austin, mostly bookstores, theaters, massage iLlsp' parlors and topless bars. The study examined crime rates, property values and trade area characteristics. The study is also usehl because it summarizes many other city studies. The report focused on sexually related crimes in four study areas (with sexually oriented businesses) and four control areas (close to study areas and similar). Two study areas had one sexually oriented business and the others had two such businesses. To determine the effects of these businesses on property values, the city sent surveys to 120 real estate appraising or landing €inns (nearly half responded). For trade area characteristics, three businesses (a bookstore, theater and topless bar) were observed on a weekend night to determine customer addresses. Sexually related crime ranged hm 177 to 482 percent higher in the four study areas than the city average. In the two study areas containing two sexually oriented businesses, the rate was 66 percent higher than in the study areas with one such business. All control areas had crime rates near the city average. Eighty-eight percent said that a sexually oriented business within one block of a residential area decreases the value of the homes (33 percent said depreciation would be at least 20 percent). Respondents also said such a business is a sign of neighborhood decline, making underwriters hesitant to approve the 90 to 95 percent financing most home buyers require. They said commexcial property is also negatively affected by such businesses. **a *# Of 8 1 license plates traced for owner addresses, only three lived within one mile of the sedy oriented business; 44 percent were &om outside Austin. The report recommended: (1) sedy oriented businesses should be Limited to highway or regionally-oriented zone districts; (2) businesses should be dispersed to avoid concentration; and (3) conditional use permits should be required for these businesses. BEAUMONT, TEXAS September 14, 1982 This report by the city Planning Department encouraged amendments to existing "adult business" ordinances to include eating or drinking places featuring sexually oriented entertainment (strippers, etc.). Zoning laws required "adult uses" to locate 500 feet fkom residentid areas; 300 feet fkom any other adult bookstore, adult theater, bar, pool hall or liquor store; and 1,000 feet fiom a church, school, park or recreational facility where minors congregate. Police verified that bars, taverns and lounges (especially those with sexually oriented entertainment) are fiequent scenes of prostitution and the saleluse cf narcotics. On the whole, all criminal activity was higher at sexually oriented businesses. e. The report recommended: (1) adding eating/drinking places that exclude minors (under Texas law), unless accompanied by a consenting parent, guardian or spouse, to list of protected uses; (2) require specific permits for areas zoned as General Commercial - Multiple Family Dwelling Districts; and (3) reduce the required distance of sexually oriented businesses liom residential areas, schools, parks and recreational facihties from 1,000 to 750 feet. HOUSTON, TEXAS November 3, 1983 Report by the Committee on the Proposed Regulation of Sexually Oriented Businesses determined the need and appropriate means of regulating such businesses. Four public hearings provided testimony from residents, business owners, realtors, appraisers, police and psychologists. The committee and legal department then reviewed the transcripts and drafted a proposed ordinance. More hearings obtained public opinion on the proposal and the ordinance was refined for vote by the City Council. The testimony was summarized into six broad premises: 1. The rights of individuals were af&med. 2. Sexually oriented businesses can exist with regulations that minimize their adverse effects. 3. The most important negative effects were on neighborhood protection, community enhancement and property values. 4. Problems increased when these businesses were concenb-ated. 5. Such businesses contributed to criminal activities. 6. Enforcement of existing statutes was diiEcult. The proposed ordinance: (1) required permits for sexually oriented businesses (norrrefundable $350 application fee); (2) imposed distance requirements of 750 feet hm a church or school 1,000 feet hm other such businesses, and 1,000 feet radius fiom an area of 75 percent residential concentration; (3) imposed an amortization period of six months that could be extended by the city indefinitely on the basis of evidence; (4) required revocation of permit for employing minors (under 17), blighting exterior appearance or signage, chronic criminal activity (three convictions), and false permit information; and (5) required age restrictions for entry. SEATTLE, WASHINGTON March 24, 1989 The report concerned a proposed amendment to add topless dance halls to existing land use m* reguhhons for "adult entertainment establishments." Seattle had eight such dance halls (termed "adult "ua. cabarets"), six established since 1987. The study relied on reports &om a number of cities, including Indianapolis, Los Angeles, Phoenix, Austin and Cleveland. The increased number of cabarets resulted in citizen complaints, includmg phone calls, letters (hm individuals and merchant associations) and several petitions with hundreds of signatures. Protests cited decreased property values; increased insurance rates; fears of burglary, vandalism, rape, assaults, drugs and prostitution; and overall neighborhood deterioration. The report noted that patrons of these cabarets most often are not residents of nearby neighborhoods. Without community identity, behavior is less inhibited. Increased police calls to a business, sirens and traffic hazards bm police and emergency vehicles are not conducive to healthy business and residential environments. Since city zoning policy is based on the compatibility of businesses, the report recommended the cabarets locate in the same zones as "adult motion picture theaters." This plan allows about 130 acres for such businesses to locate throughout the city. NEW YORK CITY, NEW YORK (TIMES SQUARE) 1994 - Insight Associates performed this study in 1994 - one year after the City of New York passed extensive legislation that restricted and regulated sexually oriented businesses. The study focused on the w Times Square Business Improvement District, especially on the areas of sexually oriented business concentration. Researchers combined analysis of available data on property values and incidence of crime with a demographic and commercial profile of the area to show relationships between the concentration of adult-use establishments and negative impacts on businesses and community life. The study also included anecdotal evidence from property ownem, businesses, community residents and others re@g public perceptions of the impact of sexually oriented businesses on their neighborhoods. The study cited the strategies of several other big cities as possible methods to regulate sexually oriented businesses, includmg dispersal and concentration strategies. Using crime and pollution statistics hm 1992 and 1993, the study showed that the streets were significantly less polluted and overall crime in the area had dropped drastically since the increase in lcgldation. Survey respondents acknowledged the improvements in the area and voiced optimism about the of Times Square. They also complained of the increase of adult establishments on Eighth Avenue. Many respondents felt that some adult establishments could exist in the area, but that their growing number and their concentration on Eighth Avenue constituted a threat to the commercial prosperity and residential stability achieved in the preceding years in that section of the city. Some data from before the recent increase in adult establishments was unobtainable, and the study thus could not show if there had been an increase in actual complaints corresponding to the proliferation of sexually oriented businesses. The study did, however, reveal a reduction in criminal complaints corresponding to the distance hm the major concentration of sexually oriented establishments. In addition, fi-om 1985 to 1993 property values increased 26% less in concentrated sex- business areas than in the control group areas. DALLAS, TEXAS April 29, 1997 An analysis of the effects of sexually oriented businesses on their surrounding neighborhoods was completed by The Malin Group on December 14, 1994 and supplemented by them on April 29, 1997. The analysts reviewed similar studies of adult enkrtainment completed by five other major cities and found that comparable results were obtained in each study. This study compared two control areas--one with no sexually oriented businesses and one with two sexually oriented businesses more than a half mile apart-with a study area having similar land-use and traffic patterns and containing a high concentration of sexually oriented businesses. The Malin Group also interviewed property owners, real estate brokers and agents who are actively leasing, listing, managing, buying or selling properties in the study and control areas. The Malin Group also collected and analyzed crime statistics within the study areas and the two control areas. %wt The study revealed that the number of sex-crime arrests in the study area containing sexually oriented businesses was five times higher than in the control area with no sexua11y oriented businesses, and nearly three times higher than in the control area with two isolated sexually oriented businesses. The study determined that in areas mith sexually oriented businesses, crime rates are higher, property values are lower, or the properties take longer to lease or sell. Heightened concentrations of these businesses correlate to heightened impact on their neighborhoods. Negative public attitudes toward areas of concentrated sex-related land uses create "dead zones" unattractive to shoppen, store owners, and investors, and greatly decrease property marketability and values in the vicinity of the sexually oriented businesses. Several interviewees indicated concern for the safety of children and other pedestrians in the area. The study indicated that the location of multiple sexually oriented businesses in one neighborhood can have a major impact on the neighborhood by contributing to crime, driving away fdy oriented businesses and impacting nearby residential neighborhoods. When concentrated, sexually oriented businesses typically compete with one another for customers through larger, more visible signs and graphic advertising. They tend to be magnets for certain types of businesses such as pawnshops, gun stores, liquor stores, check-cashing storehnts and late-night restaurants. Even residences in the vicinity of concentrated sexually oriented businesses tend to be relegated to mtal use, * as hmdies move out of them but find them difficult to market due to diminished resale value. The study indicated that sex-related crimes occumd five times more fkquently in the study areas than in the area without sexually oriented businesses, and nearly three times more fquent than in the area with widely separated sexually oriented businesses. The Milan Group reviewed records of police calls emanating from 10 different sexually oriented businesses over a four-year period fkom 1993 through 1996 and found that such businesses were a major source of police calls. The seven sexually oriented businesses in the study area collectively averaged more than one call to the police per day. Those performing the study also reviewed records of sex-related arrests fi-om the four-year period ending in March, 1997. The number of arrests for sex crimes-including rape, prostitution and other sex offenses-was 396 in the study area including the concentration of seven sexually oriented businesses. By contrast, the control area without sexually oriented businesses had 77 sex crime arrests during the study period, and the control area with two widely spaced sexually oriented businesses had 133. The evidence demonstrated that there were increased arrests for sex aimes, other criminal acts, and disturbances that required increased police presence in the vicinity of sexually oriented businesses. In most cases, the other localities considered in the study had prohibited sexually oriented businesses hm locating in all but a few zoning districts. They set minimum distances between sexually oriented businesses and residential, religious, educational and recreational uses. These distances were generally 500 or 1,000 feet. Most localities established amortization periods after the enactment of their ^"I ordinances. In most cases, local authorities could "gmndfather" certain sexually oriented businesses w through a public hearing process. Most of the clubs that were grandfathered were isolated establishments which advertised discreetly and were buffd fiom residential uses. The study noted that in several instances, state and federal courts have upheld local ordinances ' controlling sexually oriented businesses, and have deemed them constitutional as long as the localities provided for a sufficient number of relocation sites. These studies in the other localities "found that adult entertainment uses have negative secondary impacts such as increased crime rates, depreciation of prom values, deterioration of community character and the quality of urban life." The study results indicated that even a single sexually oriented business impacts the properties immediately munding it, and those adverse impacts increase in proportion to the visibility of the business. ENVIRONMENTAL RESEARCH GROUP REPORT March 3 1, 1996 In 1996, Environmental Research Group (ERG) of Philadelphia, PA performed a study of the .A negative effects of sexually oriented businesses. The study involved examining several municipal land %ul use studies and historical data fi-om the 1970s through 1996, compiling data and drawing conclusions based on statements and conclusions of previous land use studies. This study concluded that sexually oriented businesses provide a focus for illicit activities pertaining to prostitution, pandering, and other illegal sex acts. Also noted was an increase in crime statistics, especially sexual crimes such as illegal exposure. The most fresuent clients of sex businesses are (and have been since at least the late 18th century) young, transient, single males. Statistically, this social category has interests that are in conflict with those of social groups consisting of families and/or the elderly. Studies of businesses in Bothell, WA and Austin, TX revealed that fewer than three percent (3%) of the vehicles parked in the lots wm registered to owners residing a mile or less away. ERG concluded that the lmpact of sex businesses upon small towns is more intense than that upon big towns. The business district of a mall town is not as large and not capable of "dividmg up" sections of town. A national survey of real estate appraisers and lenders revealed that the placement of a sexually oriented business is generally an indicator of the decline of a community - in a small town, the business district as a whole is impacted Also, the target audience in a small town will not suffice for a sex business, which must draw business &om a larger surrounding region. Sex businesses also set the tone of the pedestrian traffic in the area. Interviews with norrsex-business patrons and passers-by indicated a likelihood that a person on foot in the vicinity of sexually oriented businesses will be propositioned for sex acts or sexually harassed. w Finally, a review of surveys of real-estate appraisers suggests that the establishment of a sexually oriented business in either a residential or a commercial neighborhood will predictably lead to a significant drop in neighborhood property values. TUCSON, ARIZONA May 1, 1990 This report records the investigation following citizen complaints to the Tucson Police Depariment regardug incidences of illegal sex and Wtary conditions in sexually oriented businesses. Undercover police veri6ed the complaints and noted several other violations, also making arrests. A major concern of the report is the issue of doors on peep show booths. The booths were the major area of sanitation and public health concerns in that the police ascertained that 81% to 96% of samples obtained hm such booths tested positive for semen. The report described a compromise between the city and sex businesses, such that the businesses were allowed to keep doors on the booths but were required to remove the bottom 30 inches of the doors. It was thought that this would reduce opportunities or likelihood for customers to masturbate privately, or to engage in anonymous sex through the use of "glory holes" in the walls between adjoining booths-practices previously common in such establishments-while allowing the management to observe and control the booths to ensure use ,- by paymg customers only. The police also made arrests for illegal sexual performances and acts of prostitution. The police also determined that underage females (including one who was 15 years old) were being employed as nude dancers with the full knowledge and support of management and required to perform nude, engaging in masturbatory acts several times an hour on stage. MANATEE COUNTY, FLORIDA June 1987 The Planning and Development Department of Manatee County, Florida conducted this study at the request of the County Attorney's Office to investigate the impact of a proposed ordinance regulating sexually oriented businesses in the county and to evaluate existing ordinances of other cities. The study reviewed both Detroit's dispersal-type sexually oriented business ordinance and Boston's concentmtiorrtype ordinance. The Department evaluated more than fifleen other cities' and counties' land use studies and concluded that sexually oriented businesses were associated with sigdcant negative secondary effects, which justified imposing special land use controls on the location of sex businesses. The study fiuther reviewed the current crime statistics for Manatee County and found an increase in crimes and lowering of property values in areas near sex-related businesses. The Manatee County study found that residential areas could expect lower crime mtes, and w fewer negative effects, the further away from the sex businesses they were located. The study noted that real estate appraisers in one cited study believed that-at least with respect to commercial property valuesthe negative effects of sex-related businesses would be greater within the three block radius mundhig the establishment. The study recommended that the county take action to reduce the harms to the community by adopting a dispersal-style ordinance restricting the location of adult entertainment establishments. The study suggested that an ordinance should separate each adult use from other adult uses by 1000 feet, from protected non-residential uses (such as schools, churches, parks, and playgrounds) by 2000 feet, and hm residential zones by a property line buffer of 500 feet. Greater distances were considered, but it appeared that this might impermissibly diminish the available locations for sex-related businesses due to the county's practice of restricting commercial uses to narrow strips of land. The study also recommended that a one-year time limit'amohtion scheme should be established for existing nonconfoming adult entertahnent establishments. The study also recommended that local sign regulations should be reviewed for possible update to protect the public from aesthetically negative imagery, giving due regard to advertising rights of sexually oriented businesses. STATE OF MINNESOTA, REPORT OF THE ATTORNEY GENERAL'S WORKING GROUP ON THE REGULATION OF SEXUALLY ORIENTED BUSINESSES June 1989 The Minnesota Attorney General's Working Group reviewed studies performed in a number of large U.S. cities, consulted with police deparfments in a number of other cities, researched enforcement strategies fiom other states, and heard testimony concerning the impact of sexually oriented businesses on their surrounding mighborhoods and concerning the relationship of sexually oriented businesses to organized crime. The Working Group concluded that there was "compelling evidence that sexually oriented businesses are associated with high crime rates and depression of property values." The Working Group recommended that communities take steps to minimize the negative secondary effects of sexually oriented businesses. Among the steps recommended were: - that communities reduce negative secondary effects by enacting and enforcing zoning restrictions on sexually oriented business locations, includmg prohibitions against locating multiple such businesses in the same building, and against locating any such businesses within certain minimum distances of sensitive uses such as residences, schools, and parks, and within certain minimum distances of liquor establishments and other sexually oriented businesses; - that communities adopt regulations to reduce the likelihood of criminal activity on sexually oriented business premises, and to require licensure of sexually oriented businesses and provide for revocation or denial of licenses when the licensees commit *W certain relevant offenses; - that communities regulate exterior features of sexually oriented businesses and enforce the existing state law requiring sexually oriented material to be provided only in opaque covers; and - that communities vigorously prosecute violations of obscenity laws and other sex- related crimes, making use of asset forfeitwe and injunctive procedures where possible. NEW HANOVER COUNTY, NORTH CAROLINA July 1989 The Planning Department of New Hanover County, NC reviewed studies and ordinances fi-om other counties and cities, and concluded that the unregulated proliferation of sexually oriented businesses had the potential for adversely impacting the county's economy, causing neighborhood blight and traffic congestion, and producing deleterious effects on public morality, crime lit-, community reputation, and qualay of life. The Planning Department evaluated solutions attempted by other municipalities and counties, gra and court cases assessing the constitutionality of those attempted solutions. The Department L recommended adoption of ordinances to prevent concentration of sexually oriented businesses, to restrict them to specific business and industrial areas, to keep them at specified minimum distances hm residential and other sensitive uses, and to regulate signage and @lays to protect the public hm inappropriate exposure to sex-related materials. ?he Department bther recommended that the county attorney and sheriff's office consider adopting a licensing scheme to facilitate regulation of sexually oriented businesses. TOWN AND VLLLAGE OF ELLICOTTVILLE, NEW YORK January 1998 Ellicottville, NY, a community with a year-round population of approximately 1600, commissioned a study of the effects of sexually oriented businesses, the likely impact of such businesses on the town and its business, and means of regulating sexually oriented businesses in such a way as to minimize any negative effects thereof Because it recognized the gaps in its current ordinances, Ellicottville applied a momtorium on adult use applications to conduct this study and develop adequate ordinances. Because EUicottville had no sexually oriented businesses at the time of this report, it placed considemble emphasis on studies conducted in other New York municipalities-New York City, Islip, and Hyde Park-and in Minnesota, Phoenix, AZ, Austin, TX, Whittier, CA, and Indianapolis, IN. The study concluded that negative secondary effects of sexually oriented businesses were likely to include "increased crime, decreased market values, public resentment, a general blighting of the commercial district, and a negative influence upon community character'?--these last two considerations being of heightened concern in the case of Ellicottville, due to its reliance upon tourism and related recreational industries for much or most of its business. Examinations of other land use studies led Ellicottville to conclude that zoning and limitmg placement of adult uses would protect downtown historic districts hm negative effects, especially the deteriomtion of the area's attractiveness to tourists. Dispersal requirements for adult uses and zoning buffers would lessen negative effects of crime and property devaluation. The study recommended that Ellicottville adopt a zoning requirement of buffer zones to separate sexually oriented uses hm each other, hm residential property, and hm protected uses (schools, churches, parks, etc.) It also recommended adoption of signage restrictions and the requirement of conditional use permits for establishment of sexually oriented businesses. Attached to the study as an appendix is a proposed zoning ordinance revision ISLIP, NEW YORK September 23, 1980 This study was performed through a review of studies and ordinances fiom Detroit, MI, Norwalk, CA, Dallas, TX, Prince George's County, MD, and New Orleans, LA, a survey of media coverage and public reaction arising out of the establishment of a sexually oriented bookstore in the city, and inspection of sexually oriented businesses. Islip's study recommended basing an ordiice on the dispersal-style 1976 Detroit ordinance. Its authos reviewed the existing case law that required space to be available for adult uses and forbade attempting to zone adult uses out completely. Islip planers observed that two sex businesses in the downtown area were responsible for creating a "dead zone" that people not interested in adult uses actively avoided-at a detriment to neighboring businesses. Also, short- term parking was used long term by patrons of the sex business. In some cases the authors observed that the sexually oriented businesses that were close to other businesses appeared to have had a negative impact on those nearby businesses. Also, they noted that a signdicant number of the owners and managers had ties to organized crime, with multiple arrests and convictions. Islip planners recommended that adult uses be restricted to industrial zones. They also recommended a 500' buffer between adult uses and residential and public facilities. Because Islip has a rural highway with sex-businesses located an average of 1.1 miles apart, for 5 miles, the planning department recommended that a buffer of a half mile be placed between any sex businesses on this *ax**u* specific highway to prevent the development of a "Combat Zone" on the mad into the town. They also recommended establishing an amortization system by which nomnforming sexually oriented businesses would be phased out over a period of years. More broadly, they recommended that the entire ordinance be focused on reducing the negative effects of sex businesses. The proposed ordinance (included as an appendix to the study) was upheld in substantial part by New York's highest court in Town of Islip v. Caviglia, 73 N.Y.2d 544, 540 N.E.2d 215, 542 N.Y.S.2d 139 (1989). NEW YORK CITY, NEW YORK 1994 This extensive and well-assembled study was performed by New York City's Department of City Planning ("DCP). The DCP reviewed studies and ordinances fi-om other localities and studied the industry as it existed in New York City-among other things, meeting with members of the sexually oriented business industry. The DCP reviewed accounts of secondary effects from sources as diverse as the City Planning Commission, the Office of Midtown Enforcement, the Chelsea Business Survey, the Task Force on the Regulation of Sex-Related Businesses, the Times Square Business Improvement District Study, and a number of newspaper reports and correspondence fi-om citizens. DCP examined #- signage and neighborhood conditions in six study arras containing sexually oriented businesses, also surveying local organizations, businesses, police officers, real estate brokers, and sanitation department e. *' officials in each of the six areas. It also comparatively analyzed criminal complaints and assessed property values in the study areas and in control areas without sexually oriented businesses. The DCP concluded that other localities' studies had found sexually oriented businesses to have negative secondary effects including "increased crime rates, depreciation of property values, (and] deteriomtion of community character and the quality of uhan life." It found that between 1984 and 1993 the number of sexually oriented businesses in New York City increased &om 13 1 to 177. The DCP found that sexually oriented businesses tend to cluster, especially in central areas and along major vehicular routes connecting central business districts with outlying city areas and suburbs. Crime report statistics in New York City did not show higher crime rates in areas with sexually oriented businesses than in areas without them, but property values in proximity to sex businesses grew at an appreciably slower rate than in areas away hm such businesses. The DCP found widespread fear of sex businesses' secondary effects on the part of the citizenry, and also found that survey respondents indicating that their businesses or neighborhoods had not suffered adverse secondary effects tended to be the ones living in areas with isolated sex businesses. Real estate brokers overwhelmingly reported that sex businesses would have negative effects on surrounding property values. Finally, the DCP found that signage for adult businesses tended to be larger and more garish than other neatby signage-a source of concern to residents living nearby. Based on its findings, the DCP recommended special regulation of sexually oriented businesses, advising that the city specifically consider "restrictions on the location of adult uses in proximity to residential areas, to houses of worship, to schools and to each other." OKLAHOMA CITY, OKLAHOMA June, 1992 Jon Stephen Gustin, a retired sergeant of the Oklahoma City Police Department, authored a report on the successful abatement of adult oriented business nuisances in Oklahoma City, Oklahoma hm 1984 - 1989. This report narrates the history of Oklahoma City's successful efforts to combat the negative secondary effects of sexually oriented businesses. Active police enfoxement of laws relating to sex businesses began after a strong, grass-roots campaign called for a response to the concentration of so many sex-businesses in one city. Initially, prosecution of itlegal sexual activities was hampered by poor of- nonexistent laws and lax police enforcement. The police began an active anti-prostitution effort and arrest records were published by the media and TV stations carried names and faces of the people involved. Initially, police made several arrests at known houses of prostitution Adult bookstores with peepshow booths also posed particular problems. Specimens of seminal fluid on walls and floors contributed to the forced closure of several such businesses. The district attorney's office consistently won the cases it brought against those committing illegal acts in sexually oriented businesses. Nude dancing businesses were also the source of several criminal and illicit sexual conduct, with undercover police office= making arrests for illegal sex acts on the premises of the businesses. A police department "escort service" sbng operation resulted in the arrest of many men solicitmg prostitution through such businesses. Sergeant Gustin reported that by 1992, most of the original sexually oriented businesses had shut down, with only a few remaining under the newly-enforced and stringent regulations. HOUSTON, TEXAS January 7, 1997 This report by Houston's Sexually Oriented Business Ordinance Revision Committee was prepared to supplement prior reports issued in 1983, 1986 and 1991, with the aim of reforming the existing sexually oriented business ordinance if necessary and assessing possible improvements to protect the interests of the public and the rights of sexually oriented businesses. Hearing testimony and evaluabng evidence from many sources, including police and parties favoring and disfavoring regulation of sexually oriented businesses, the committee concluded that criminal activity associated with sex businesses justified licemure requirements for such businesses and their entertainers and managers. It noted ficulties in obtaining convictions through sting operations. It %s# viewed video evidence concerning "gloly holes" between peepshow booths, whereby patrons of such establishments engage in anonymous sex with one another on the premises, and recommended prohibition of such holes. It found that sex businesses with inadequate lighting or without clear lines of sight to all parts of the premises encouraged lewd behavior and illegal sexual activity. It found that many sex businesses had locked rooms on their premises, serving as venues for prostitution It ente&ed requests that public parks be included among the sensitive uses shielded from sexually oriented businesses by minimum distance requirements, and that increased prior public notice be given to neighborhoods in which sexually oriented businesses intend to locate. . . The Committee recommended various mans of stt-mmhmg the licemure and enforcement processes. It proposed increasing some of the minimum distances required between sex businesses and other land uses, and strengthening of signage regulations, and more strenuous licensure requirements for sex business managers and employees. The committee recommended prohibition of the touching of customers by sex business employees engaging in display of specified anatomical areas or other specified sexual activities. Finally, the committee reviewed and opted to retain the city's amortization scheme, as an "appropriate balancing of interests" of the sex businesses and the community. The final portion of the report consists of specific proposed changes to the language of Houston's sexually oriented business ordinance. NEWPORT NEWS, VIRGINIA '"**s March, 1996 In this study, the Newport News Department of Planning and Development ("DPD) briefly analyzed the Boston and Detroit varieties of sex business zoning ordinances, which attempt to minimize sex businesses' negative secondary effects by concentrating such businesses and by dispersing them, respectively. The DPD reviewed the number, type, and location of the city's sexually oriented businesses, evaluated public safety and adjacent property impact studies hm Indianapolis, Los Angeles, Austin, Newport News, and other cities, and concluded that sexually oriented businesses and their surroundings have higher crime rates than other establishments-even those serving alcohol-and their sumundings. The DPD also concluded that sexually oriented businesses significantly decrease neighboring residential property values "and may lessen nearby commercial property values depending on the type of adult use and the amount of concentration." The DPD concluded that its study justdied -on of sexually oriented businesses, and proposed an ordinance that would limit such businesses to certain commercial and business district zones, require conditional use permits for new sex businesses, and would generally require separation between sexually oriented businesses and sensitive uses as well as other sexually oriented businesses. DES MOMS, WASHINGTON 1984- 1987 This is a series of reports, memoranda, and council minutes that arose out of concern on the *wr part of the city council of Des Moines, WA over the impact of a sexually oriented theater which was opting in the city's downtown revitalization area. The city council heard testimony hm citizens, and reviewed new business license records for data regarding the rate of business failure and turnover in the vicinity of the theater. The council also considered the theater's own community impact statement, a report generated by the city's chief of police, police call records, case law and ordinances and supporting studies kom other jurisdictions, and a study performed by planning consultants on behalf of the city. The city council concluded that there was a correlation between the sexually oriented business in the revitalintion area and the high number of business failures and high rate of business turnover in the vicinity. The turnover rate was approximately four times that of comparable downtown areas. The council attributed these phenomena at least in part to strong negative public perceptions of the sexually oriented business, fear on the part of passers-by, impact on children, transients, &aflic problems, and a desire on residents' part not to be perceived to have any association with such businesses-& of which led the public to shun businesses near the sexually oriented business. These concerns led the city council to adopt zoning regulations permitting sexually oriented businesses to operate at prescribed intervals along a highway in the city, with buffer zones between them and specified protected uses. Adult uses were prohibited in the revitalization area. One of the documents noted that the highway location was "fi-om a pure business sense . . . a better location for the j~ah, owner of [a sexually oriented] use," because, accordmg to the theater's own community impact statement, much or most of its clientele came hm outside the city. ST. CROIX COUNTY, WISCONSIN September, 1993 This is a brief report prepared by the St. Croix County Planning Department, which reviewed a number of other jurisdictions' studies and reports, noted negative secondary effects reported in those jurisdictions, and recommended zoning regulations to restrict sexually oriented businesses to commercial districts. The Planning Department also suggested dispersing adult businesses kom each other, residential property, schools, libraries, churches, parks, playgrounds, and daycare facilities. The negative secondary effects noted by the Planning Department included diminution in surrounding property values, rental values, marketabhty, neighborhood stores, physical deteriomtion of communities, traffic congestion, and late-night noise problems. The Department also noted the secondary effect of increases in crime--especially prostitution, drug offenses, assaults, and sex crimes within the vicinity of sexually oriented businesses. Additionally, the Department was concerned with the involvement of organized crime, diminished community reputation and its attendant economic effects, and diminished quality of life for residents. A Report On Zoning And Other Methods Of Regu/utjng Adult Entertuinmenf h Amori//o PLANNING DEPARTMENT CITY OF AMARILLO, TEXAS A REPORT ON ZOtf ING P:b OTHER METHODS Of REGULATING ADULT EtITERTAINUENT IN Al.'ZI?I LlO CITY CO,X??ISSION Jerry H. Hodge Way0 r Jery Ameman Comnlssioner No. 7 Curtis A. Crofford Comnissioner No. 3 Houston Deford Comrri ssi oner No. 2 J. Dean Christy Comnissioner No. 4 John 5. Stiff Ci ty Kanage t W. E. (8111) Juett Chai maan Herbert Johnson Yartin G. Manwarren Rarvirr- Winton -' U. C. Stcrque'll , Jr., Vice-chairman Ronald Ecfmondson Jack Hazlewood PLAN!{ I NG STAFF H, Dale Willlamon Of rector of Planning, Traffic and Code Enforcement Secmta~y , Planning and Zoning Comi ssion J DSmith, Jr. Chief Planner Donna Stanley, Planner I1 Gary Dumas , Pl anne r I Michael 0. Moore, Planner I Tom Horton, Draftsman I I Geno Wilson, Ortftsman I1 Steve Rcdriquez, Draftsnan I Gail Beck, Secretary 111 Haxine Rawk, Clerk If September 12, 1977 "PIUI~ PREFACE Thfs report presents the findings of the kari 170 Planning Dtpartmnt regcrdi nc the adult entertainment industrj within the confines of the Mdri 110 City Limits . These ffndings analyze the land use effects of adult efitertainment busin~sses and alternatf ves for thtf r regulation. Adult entertainrent busfnesses are those thst - customarily an not open b the general public by t9e exclusion of minors by rezson Presently. the only authority availrble to a city fir regulating adult businesse li the city's power to zone and license. These methods of control have been sanction by the Youna v American Mini Theeten, Ine. ccse. The determination of what is or is not obscene is to be made by a jury on a case by case basis in accordmce with the test drscri5td In the Marvin !!flier v Stttc 2- of Cali fornir dtcf sion.. The cririnal offenses for dealing in obscenity, proscrfbec! '.rcbr*. by the Texas Penal Code, arc the excl us i vr province of the State, and the ci ty not invade this area by seeking to define obscenity or provide *buff for its sale, display or distribution. A REPORT ON ZOr:ItlG OTHER ETE305 Of EGUCATING ADULT EIGERTXI?!HEIC iK AMRILL0 This =port on the current extent of pornography in Amarillo was initiated upon the mquest of the Amarillo Planning and Zoning tomission April 25, 1977. Actovanying the rrquest was the desi rn for info.mation concerning the possible zoning control of all businesses catering to rdul ts only. For the purpose of this rtport, adult-only businesses have not bee3 limited to those thtt display porno- graphic materi a1 , but include bars, lou3gts, and any other business type which mstricts entry, sale or viewing based ugoc c minfcuz age. Thls study is an attempt to briefly cxplora the national pmblck. of adult-only Susinesses with a major emphasis on those thich deal in pornograohic rzaterial. The :xdrilto sftuation was. analyzed in relstiori to the extent of the national growth of m. upura.' the adult-only f ndustry and the extent and li mi tatlons to which the CIty ccn control, through land use merhsnism , the pro1 iferation of the industry outlets. Ilo city ordinance rrgulating any type of adult business is included within this mport and none will be drafted until discussion has occurred on the various options available for the control of adult businesses. In any consi dcration of whether or not to control and ms trict adult-only outlets within the nunicipal jurisdiction, the following should be =viewed: 1. To prohibit these uses to locate anywhere in the municipality, three points must be considered: A. The Courts haw generally invtlidattd legislation which attergts to prohibit a particular use altogether from r municipality. 0. Prohibiting the location of any pornographic use in the city could be contested on the grounds that it provfdes an individual engaged in such practice no means of 11 velihood within the City. C. Such legislation could also be contested on the gmunds that it infringes upon the right of freedom of speech. 2. If these uses am to be allowed and restricted within the municipality, the City must decide where such uses art to be 1ocaied.l In the prtparation of this =port, severat data sources wen! esployed. Curmnt weekly nattonal news aagarfnes were starched for references to the problem of major urban amas relative to this topic. Several fndividual cities known to be exploring methods of controlling the gmth of the adul t-only - industry we= contacted and adapted City Ordinances were reviewed. Fmzrlcan Society of Planning Officfals provided advance 4nfomatlon from an unrsleased publication on Adult Entertainmnt whf ch has since been pub1 )shed (copy included fir your -view). Several recent Supre.% Court decisions were mviewet fn order to determine the general mod of the 1 rw 2s handed This infovtion was sy~thesired into a fom, whl ch detaits the nctiorirl Iini =a- tfons placed upon a State and cjty in the land use control of adult-oni:~ businesses. - The Texas obscenity law was then reviewed in order to Cctemine the liritatfons of *- *urerv 1egislatlve 'mgulation of adult-only businesses and the extent to which A~iritlo, as a city, may regulate the industry through land use and l icensing nrch&!srs. Obscenity to defined by the Suprtw Court in the following exerpts from Marvin Miller v State of California: 1. "Obscene material is not protected by the Fi ist Amcndnrnt, 90th v Uni ttd States, 354, US. 476, 77 5. Ct. 1307, 1L. Ed. 24 1498. rcaffi rmed. A work may be subject to state mgulation where that work, taken as a whole, appeals t3 the prurjent interest in sex; Portrays, in r pcte9tly offensive way, sexual conduct soeci fi cat ly defined by the applicaSfe state law; and taken as a whole, daes not haw serious literary, artistic, polltical, or scientific valus." 2. "The bufc guidelines for the trier of fact ~t be: (a) whether the average penon, applying conteupotary comnunl ty standards woul d find that the work, taken as a whole, appeals to the prurient intees i, Roth. Supra. at 489. 77 S. Ct. at 1311: (b) whether the work depicts or describes , in a patently offensive way, sexual conduct speci fi cal ly defined by the applicable state law, and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scr'entific value. If a state obscenity law is thus limited, First Amend.mnt val ws are adequately protected by ul timatc independent appell ate rtview of constitutional claims when necessary.' # 3.' 'The juy my wasure the essentf a1 ly factual issues of prurient appeal and patent offensiveness by the standard that prevails in the fom comunity, and need not eqloy a 'national stanGarC1,* AS strtcd above the basic sui&lint for detemining what is obscene is through an evaluation of the material utjlizing the form carrr.unity standard. In Saith v United States, 97 5. Ct. 1756 (1977) the Court anplifiad its consideration of the c&nity standard when it stated that comunity standards am requi md to be applied by the jury in accordance wfth understand1 n~ of the tolerance of the average person in the comnunity. The result belng that the juw has the discretion ti, deternine what appeals to the prurient f nterests and wnat fs patently offensive in its comiiunity. "State law can-not define the contezporzry comunity standztds for appeal to the prurient fntemst and pctent offtnsf veness that under Hiller v California am applfed in determining whether or not raterial- is obscene . . . Though state legislatbres am not corqlettly foreclosed f mn settfng substanti ve -4 ""auul*' Ifmi tatf ons for obscenity cues, they cannot declare what connuni ty standards shall be . . . f'Smith v United Sthtes (1759) 1 The conduct regulated by the Texas Legfslaturrr is defined in the Texas Penal Code Subchapter 433, "Obscenity". The following is that portion of Chapter 43 which rrgulates the sale, distribution and display of obscene material: 43.21. Definitions In this subchapter: 1) "Obscenea means havfng cs a whole a dominant the= that: (A) . appeals to the prurient ifiterest of #a averas* person applying con tenqora y cm-mini ty standards ; (0) deoicts or describes. sexual conduct in a patently offensive way; and (C) lacks serious literary, artistfc, political, or scientific value. (2) "Iraterfal" mans a book, magazine, newspaper, or other prfnted or written mterial; a picture, drawing, photograph, motion picture, or other pictorial representatfon; a play, dance, or performance; a statue or other fl gum; a mcordi ng, transcription, or mcbani cat , chemical, or electrical reproduction; or other article, equipcent or machine, . (31 'Prurient interestm mans an intcmt In sexual conduct that goes sut- stantially beyond catornary limits of candor in description or mpresect- ation of such conduct- If it appears from the character of the material or the circumstances of its dissmination that the subject matter is dt- sipd for a specially susceptible audience, the appeal of the subject matter shall be judged ui th referrnce to rut& audience. (4) mDistributtB mans to transfer possession, whether with or wit'lout consideration. - (5) "Comercfally distribute" mans to transfer possession for valuable consi deration. (6) 'Sexual conductn mms: (A) any contact between any part of the geni tats of one penon and the mouth or anus of another penon; 0 any contact between the female sex organ and the male sex organ; C any contact bemeen a person's mouth or genitals and the anus or I I genitals of an animal or foul; or (D) patently oSfensive representztions of uas turbati on or excretory functions . 43.22. Obscene bispl ay of DistriSution (a) A penon comnits an offense if he intentfonally or knorringly displays or dlstributes an obscene photograph, drawing, or similar visual representation ar other obscene raterial and is rpckless about wheth~t a person is present who nil 1 be offended or aiamd by the display or distribution. (b) An offense under this section is a Ctass C misdemeanor. 43.23. Comercia1 Obscenity (a) A person comnits an offense if, mowtng the content of the material : (1) he sells, comnrci ally dlstributes, commercially exhibits, or possesses for sale, comercial distribution, or camnerci a1 exhibition any obscene materi a1 ; (2) he presents or dimcts an obscene play, dance, or perfcmance or particfpates in- that portion of the play, dance, or performance that makes i t obscene; at (3) he hires, emloys, or othewfse uses a person under t+e oge of 17 years to achieve any of the purposes set out in Subdivisions (1) ar.C (2) of this subsection. (b) It is an affi rmatl ve defense to prosecutfon under this section that the obscene material was possessed by a person having scientific, educational, governmntal , or other sirni 1 at justi ffcction. (c) An offense under this section is a Class 0 misdemeanor unless comitted under Subsection (a)(3) of this section, fn which event it is a Class A misdemeanor. 43.24. Sale, Distribution, or Display of Hamful Raterial to Hinor (a) For purposes of this section;- "Minor". means m individual younger tern 17 yean. "Hamful'materi al' means rateti a1 whose dminar;t theme taken as a whole: (A) appeals to the prurient interrst of a ino or, in sex, nudity, or excmtion ; (0) is patently offensi-ve to prrvailinq sta3dar& in the adult . comnunity as a whole with respect to what 1s suitable for minors; and (C) IS utterly without =deeming socfal value for minors. -(b) A rson comnits an offense if, knowing thct the mterial is harmful: (1Pd and knortng the person 1s a minor, ha sells. di~trfb~tcs~ txhibi b, or possesses for sale, distribution, or exhibl tion to a minor harmful material ; (2) he displays harmful material and Is hckless &out whether a minor is present who dl1 be offended or a1amC by the display; or (3) he hires, employes, or uses a minor to do or accomplish or assist in doing or accomlishing any of the acts prohfbi ted in Subsection (b)(l) of (b)(2) of this stctlon. (c) It fs a defense to pmsecotion under this section that: (1) the sale, distrjbution, or exhibition wes by a person having scientiff c, educational, govemmntal , or ot!!er similar justifi- cation ; .or (2) the sale, df stnbution , or exhibition was to a minor who was accom?anied by a consentins parent, guardfan, or spouse. (d) An offense under this section is a Class A misderernor unless it is conrmitted under Subsection (b (3 of this sectior, in which event It is a fe:ony of the third degree. 1 The p~eceding has out1 ined the substant1 ve 1f!!!ft€tfons of that which can be found obscene in the State of Texas. The enforcement of those sections of the State Penal Code applying to obscene materlal is left to the discmtron of the strf ct md County Attorneys. . The remainder of this report will concern the controls that the City may i~?ose to regulate the adu1:-only industry throuch land use controls, licensinp. €nt measures to assure that minors will not be allwed to purc+cse or view the display of pornographic material in amnercial businesses. THE NATIOttAL PROBLEM/Cf TIES eh Urban areas acmss the nation are beginning a crackdodn on the grwth of sex- ktm~ oriented businesses. Recent pub1 ic outcries and national exposes have been forcing new evaluatfons of existing pornography law. This renewed attack on pornography e paf,irlty foundsd upon the Sup- Court decision In Youno v krican Itini Theater. This decision, affinn'ng the City of tktroit's police power ability b zone adult entertafnnrnt, rrdefined the standards the coz.unlty can use to apgteise that material which is found to be adult entertainment and protected by the 1st and 14th Amerlbnents of the U. 5. Constitution. The following exerpt froc Youna v - American Hinf Theaten makes clear the Su?rmc Court view of adult cntef,afn=nt and zoning: Though the First Amendcent protects c-unjcation in the area of adult catlon picturts fmi supp~estion, the State may legitimately use ttle . content of such pictuns as the basis for placing theaten exhibitinq then In rr different classification ftaq other cation picturt thrtters for zoning purposes. The City's Inteest in the pnsent and future ctraracter of its neigttbohoods adzquattly suppofc the 1 imi tctlon inposed . . . on the plae where.aCult films osy be exhibited. hs a result ofJouno v k+ri can t4inl The~tcn, several cities have in4 ti ated zoning ordinances similar to Detroit's to control the proliferation of sex indcstq out'letr Into incoapatible arras of city development. Kansas City, !tissouri and Atlanta, bcrgi a. are examples of cities rccently implementing zoning ordinances to control the adult entertainment industry. These cities have acctprcd the fact that then is a large market for adult entertainment. By ic~lcrrenting cnC tnforcinq a zoning ordfnance to control site location choices to those sites ceetjn~ certain minimum nqui remrnts , these cl ties hrve sanctioned the adult entertcinmcn: industw. However, this sanction does not entail a condonation of coxercial sex acti vltfes outsf de the control of land use planning activities. The problems with the proliferation of adult busfnesses in major u*an arees are grading, not only in the volum of outlets. but also in new types of adult businesses titles that have attempted to use zoning ordinances to define expl icf t1y each contmlled adult entertainment business hrve found that the ordinances a subject . to constant update as the adult entertaincent industry implements new techniques for the djssemination of its product. The following list iliustratts race of the - &* br kinds of pornographic adult businesses that could have a bliwtlng effect upon a neighborhood If allwed to grad uncontrolled. The list also points to the pmjltt, of attempting to define each new adult business. - - Adult books torts Adult mini motion picture theater (peep shows) Adult motion picture thtatcn Artists body painting studios Eating places wi th adult entcrfai anent Exoti c photo studios Lounges and ban, topless Lounges and ban, bot tc31 es s klassage parlor Nude theater ' Nu& wrest1 ing par1 or As cities strengthen laws dealing wi tn ccrttin l isted buslauses, nCn' busi~e~s!?~ providing the same or similar services have been invented by the indsstry. For example, In Bi miinghizm, l aws governing message parlors were ti ghtened forcing most close! As a rrhlt, shoeshine shops, when you cin lie dam whlje getting your shoes shined and providing the same service as the mcssagz parlor, wee opened. The City ul then forced to adopt another ordinance requiring that a person could not lie down to get a shoeshlnt. Sfmitar situatioas occurmd In Boston when massage parlors wee under attack. A quick awtrmorphosis was ccde of adult entertainment bus~nesses under the guise of sensitivity training parlon, nude wrestling studios and exotic photography &ten. These later gsnzrciion businesses wetc clearly not cctsagt parlon, even though similar services wtm offered, and were not su5dec: to the mssage parlor ordinances. 'Two distinctly different zoning techniques have been used to mgulate the adult tntertainment industry. They are: A**, 1 The Boston, Massachusetts approach. In 1974 Boston was the first city in the nation to put fts official stamp on the adult-entertainuent zone. Bastan crested a special toning categs y for adult bookstores, peep shows, x-rated mvies and strip joints. This tone was r special overlay district applying to only sewn acres of the City's space. The overlay zone had two main purposes: (A) Tne City wanted to concentrate sinii lar adult entertainment uses into a single small ama; and (8) the City wanted to prevent the spread of these uses to other areas of the City. The district approach hcs certain advantages over a case by case zoning approach. Specific district boundaries are set and developrent standards are established. These two items when taken together reduce _ . greatly the administrative cost when comared to a case by case condi - tional or specific use permit requirement. The limited confines of the district boundary educes the potenttal for neu development. The district approach also rrduces the opportunfty for ahitrary and subjective de- cisions. The overlay district offen the potential to evaluate the total pub1 ic service impact of adult uses. The concentration in a single area allows for the review of relative cost and revenues to the City. Police costs will certainly be higher, as will related traffic and parking costs. These costs though can be detemi ncd . Permi ts 'can be requi red and the fees for thpse can reflect the true costs to the comnunity. 2. The Detroit, Mlchlgan appmcch. In 1972 Detroit fmplemnted an ordinance designed primarily to prevent the development of additional "skid-rows". It was found that concentrations of various strai gbt and pornogta?h'i c uses were generally &terminates of the deterioration of surroundir,~ areas. Detroit has two objectives: (A) to separate typical "skld-row" uses fran; each other; and (8) to keep these same uses separate from residential anas. These objectives lead to r single policy of dfspening "skid- row" uses and spmading them throughout the comrcial and industrii?l ahas of the Cfty. After "skid-raw" uses had been detennlntd,' dcffntd and subjected to a , conditfonal pe~ft process, they were allowed In only certain zones of the City and then only in ti tes meeting certain requi renrnts. These two techniques and adaptations to then are the only methods curmntly being used to control the location of adult entertafnment activities. The Supre*= Court in Youno v American Mini Theaters has upheld the approac* that Oetroi t has implernnted. . No . test has' yet been made of the Boston method of control ling the spread of adult businesses. Recently the Boston "Combat Zonen (the seven acre overlay district) has obtained som notoriety as being a failure, with socirl and administrative costs exceeding a tolerable level. SRh Both Oetroi t and Boston have chosen land use controls as their primary method of mgulating adult businesses. Both use cpincidentally a licensing regulazion. - *"IS bfl Other cities such as Santa Maria, California, have chosen licensing as their primary approach to mgu1 ating adult busf nesses. Licensing approaches have been adopted In order to maintain certain minimum standards at places of adult tntertain- nrnt. The ti ctnsing nvchanf sm is designed to regul at; entertainment businesses which also provide food, alcoholic beverages or exhibition of the human body. ~iceinslng outlines equi red pcrfonnancc standards and sets fees and nqui red depos l ts as guarantees of cmpliance wl th the standrrd. AWL1 ENTERTAINMENT f N AHARILLO Several businesses in Ar~aril lo cgter either wholly or partially to t)re adul t-only market. The attached map, L9CIP.f 1 O;! OF ADULT EX1 ERTAIKYEh'T IN WRILLO , i'l 'lustrates the general location of the najori ty of businesses whose activities include catering to the -.. adult-only market. As the attached a lndi cater, adult businesses in barf 1 lo have ~encrally tended to congregate Into several arecs In a strip fashion along major thomughfares. The Amarillo Police Deparfmcnt in a statistical analysis of street crimes (rape, robbery, all assaults, theft from persons, auto burglary, driving under the inf1 uence, pub1 i c intoxi cation, vandalism and i 1 legal weapons) found that the f nci dence of street crilns was signi ficantly greater around the concentrations of adult-only businesses than the overall City average. The Police Department went further in their. analysis and noted that these street crims wen 2-1/2 times the City average in the immediate vicinity of alcohol only adult businesses, and 1-1/2 times the City average imnediately surrounding businesses featuring alcohol and semi-nude enttrtainnwnt. In reviewing these facts relative to crime in the vicinity of adult businesses, the reader should be awam that adult-only establirhmcnts, especially alcohol only lounges. have tended to concentrate in several areas &-- while lounges featuring semi-nude entet-tainment am fewer in n-er and have bl tended to somewhat is01 ate theme1 ves from other adul t-only establishments. m. bfl Outlets for adul t-only mterf a1 in the City include several book stares, druc stoms , grocery stores, etc. , with sections of books and magazines featuring nudity and nonexpll ci t sexual act1 vity. Pornogra2hl c publi catlons featuring nudity wl th explicit sexual activity; an available within the City In only seven known 1oc~- tfons , three being adult theaters with books, magazines, novelties and peep shows. These are dispersed lineally across the CSQ and Its fringe. There an also four book stores that devote space to pub1 ications featuring pornography with explicit sexual act1 vi ty. No attempt has been made to locate all activi tits featuring rnifii~~t! amounts of pornographic pub1 ications. As can be discerned froa this overview of the extent of pornography distribc- tion within the Ci ty, our current problen is not great: However, the follor.ring paraphrased statement concerning Mason Cl ty , Iowa, il lus trates the potentiel for gmth of the adult entertainment industry. S2tvleen 7963 and 1964 go-go dancers gradually began to appear in the lounges and bars of the town. By 1965 the dancers were topless. In 1973 the Cfty received an application for its fint adult noviehouse license. The ti cense was refused (probably by an arlri trary and subjective decision). The applicant filed a judicial appeal and won the case forcin~ the City to grant the license. In 1973 an adult book store opened, cwjleta wjth sex novelt4es Qnd mvies. Also In 1973 a popular lounge hired totally nude dancers. Four competitors oon fo1 lowed suit, Finally the City C gained its first massage parlor. . Thtm is no reason to assums that A%crilIo will be exempt from a growth of adult oriented businesses similar to Mason City. The lack of any valid City mechcnism to control and regulate the anticipated growth could lead to (a) concentrations of adult entertainment businesses creating a crime incidence condition equal to or greater than the current situation around concentrations of alcohol only businesses, and (b) a proliferation of adult entertainment businesses in and around residential areas and other family or juvenile oriented activities. P35S16LI COh"fR3L ECLiANlS.5 OF ADULT BUSINESSES IN AMRILL9 Adult businesses in hri l'l o am compri sed of taverns, lounges, lounges wi th semi-nude entertainrent, adult bookstores and adult theaters, Various state 2nd local laws cur~ently tegulate to certain extents each of these uses. The Texas tlquor Control Act regul a*s all businesses se111ng alcoholic beverages, after local .option-approval, through a licensing procedun. These same businesses mgst also be llcensed by the City and must conform to zoning and occupancy ~equirerents. Those businesses that faaturt semi-nude entertainnrnt are also controlled by Fenrl Code Section 21 -07, 21 -08, and 43-23 (Public Lewdness, Indecent Exposure, and Co-merci a7 Obscenity) and Cf ty Ordinance 13.29 (Operation Regulations ; grounds for revocation. violations of Dance Establishments]. '~urve~ors of adult printed and ce7luloid naterial are controlled only by Penal Code Sections 43.22, 42.23, 2nd $3.24 and general zoning and occupancy requiremnts. While the above state and local ordinances work to mqulate portions of the rdult entertalnmnt industry, they are at best a piecemeal approach. For ex~~~le, t!e enforcement of Chapters 21 and 433, of the Penal cod; through the appropria:~ cout%,is generally a slon and tedious process requiring manpower that is not avail- a31t for this type of low priority victfnlcss crim. The maintenance of the ~inicr;:: rtqui raments of the Texas Liquor Control Act and the various local laws regulztins the sale of alcoholic beverages am only a mans to maintain certain stcn&rc!s cf operation in taverns, lounges, etc. The general zoning reguf atlons which curr~nzly restrict adult businesses art not designed for the particular land use iqccts msolting from the adult businesses. These impacts range from late night hours of operation and msulting noise, traffic, lightfng, etc., to increases in crino rates imdi ately surrounding the businesses. Bypassing the intrinsic limitations of enforcement of the Penal Code, an approo to a more definite control of these businesses is through a strengthening of zoning rr~ulations speci f ically defined to moderate the 1 and use impact of adul t-only 4-b businesses. toincfdtntally with the ic?roved zonin~ ro~alationr, a license r?rd penit mechanism can be implemented. This mcchanisn can set and mqufh cz:!i~nce with minimur?. standards of operation for various adult Susinrsses and recover ~ctua1 or expected expenses incur~d in. thci r enforcement throug!~ annual pennit fees. These fees can rridurse the Ci ty for the added costs of pol ice patrols, improve6 streets , add4 tional street lighting to reduce accident and crilnc prrtential, routine Cisy G?c,zr wnt inspection, etc. These misuns would generally be applied to all adult-only businesses. Iio Infringement upon their const4tutfonal rights would nsult from comqlfance - . - wf t!! a zoning and licensing ncchanisrz designed to sinicize the land use and stcia1 ic?acts of adult-only businesses. Zoning rrgulations speci fi cal'ly designed to. restrict adul t-only busincsso,~ ccn st rve the folla~f ng purposes : 1. Assue a land use cocyatability between the adult use and the surrounding 1 and use. 2. Require that certafn minimum density standards for adul t uses are maintained. 3. Require the amortized tcnnination of those adult uses not currently mcetfng either or both of the pmceeding tonin: purposes. Licensing adul t-only businesses can serve the fol? owing purposes : 1. Pdintain a record of business, location, wner, etc. 2. Assure that certain performance requirements are mt, such as hours of operation, mai ntena~e of en01 oyaent stand~rds and cocpliance wit9 a11 laws governing raterial sold or displayed by the business. 3. Provide a method by which the City can recoup er,y ex2tnGitures for public services required above the city average exclusive of the 1 i censed busf ness type. Perfomance standards can Include a provision for akinistrative revotttion of a3 adult business license for any noncompt ia&e with a perfomncc ,dm-- standard. This revocation of 1 icense would not necessarily be supported by my 'kil?o*. conviction or state criminal charge against the license holder. The basis for the revocation would be for violation of the - performance standards 2s defined explicit'ly bx, in the Cfty Code's standards for operations of an adult business. Ptrfomance sti?ndcPc would of course be required to vary in content relative to controlled adult business ty Adult busfness licenses should not attempt to regulate the land we effect of the use on thc'ncighborhood or comuni ty, but should be utilized to assure perform- ance at a certain standard, to maintaln an accurate- recard of bosintss - locations, and to provide fees to the City for services above the average. By maintaining a clear dfstinction between the requirements of a license and the zonin~ ordinance the entire control mechanism is stnnqthened. The preceedlng portion of this section has dealt wf th the mguletion of businesrcr that tota'lly rts trict entry, sale, .and viewing of products to udul ts only. Methods to control the ease of view of generally distrjbuted pornograpnic mttrizl am numerous and not detailed explicitly in this report. Briefly though, methods to control the disolay of this mattrjal range from requi ring the display to be in se?aratr mops with an enforceable and enforced restricted admittance , to simply cov2ring the entf re pub1 (cation with an opaque slip cover with the publication's name printed on the cover. The control of the dfsplay and sale of pornographic material through a City Ordinancc licensing mechanism would work to protect minors from hamful material (Section 43.24) and adults who would be offended by certain displays of pornographic material (Section 43.22) qencrally available for the public's vfm. Sl!!RY A!iD FINDING The analysis of the impacts of adult-only businesses upon surrounding land uses indicates that these businesses do have effects that can be distinguished from other uses all wed in lf ke toning districts. The fol lowing identifier two causal factors isolated 3n this pnf iminary analysis: 1. The Amarillo Police Dcpartmenf!~ statistical survey of stmet crtme in the vicinjty of adult-only business indicates that crire rates arc cons Sderably above the City's average imdi ately surrounding the adult-only businesses analyzed. 2. Concentrations of these adult-only rc=ivities have dctrirr?rtal effects upon surrounding mridrntiaf and comercia1 rc"civf tics. These effects art caused by (a) the noise, lighting and traffic generated by the pedestrian and vehi cu1 at traffic fmquenting these businesses whose primary houn of operation are froc late evening to late night, (b) tbc increased opportunity for *stmet crimes'' in amas wtth high pedestrian traffic, and (c) the tenkncy to avoid rmas where adult businesses (especially pornographic) a= established. Thlt avoidance and other factors can 1 tad to the ckttrioration of surrounding comncrcial and msi denti 21 activl ties. - Other cities have noted these effects of rddlt-only businesses and have atterr.;:e readies to the problen. Boston, Massac!!usttt~, has concentrated all adult uses into a single area of the Cfty. Detroit, HIchipm, has dispersed adalt uses Mrou~hou: the cf ty to sl tes that meet certain minie*~. 1 and use require~ents. Bot?~ of these citfes have adopted zoning ordinances that restrfct location cnoices of adglt book stores, theaters., cabarets, etc. Thei r ortinrnces are i iai ted to those activities t?at definitely do not fa1 1 under penal coCr control . The Ci ty of Loo Ang~les study on adult entertainment includes a cortsiCrrction for the zoning control of other adult oriented activities including massage parlors, nude mdtl ing studios, adz1 t notels, arcades, etc. Lor Angeles has disregarded the question of legi tinacy and - ho suggested zoning those adult businesses as mcognized existing land uses. ktroi t has imp1 emented an ordinance which requires thc: adult entertainrmt businesses not be located within SOU feet of rtsidentiatly zoned rrecs, or wft!in 1000 feet of another regulated use. In Azaril 'lo, adult uses an cur=ntly all wed in general *tall and all less nstrictive zoning dCstricts. If Anarillo adopted an ordinance with space nqui remnts bttwetn re~ulated uses end rtsi dcntial tones sizilar to that of Detroit, the nurber of potential sites for adult businesses would be severely 1 imi ted. This method. 1 lci ting severely the potential sf te choices of adult businesses, would probably not be upheld by the Courts. The llmi triion of sfte choices would be caused by the ncrrow comercial strip developments less V -, than SO0 feet w3de atong most of Amarillo's major throughfams. Also,*thit approach would probably tend to concentrate adult activi ties into the.centra1 business district and a few industrial areas. - r- . PECOK4CYMTlOf:S FOR THE CONTROL 0' ADULT-C'XY BUSINESSES 1': At1~.21LL0 %iw f f the Planing and Zonlng Comnission and City Commission should find from the data ptesented in this report that them exists sufficfent need to contml adult- only bustncsses and businesses which display gnerally c4rculated pornographic materfal , the Planning Ocpartment would =comnd the following: A- 'Any zoning ordinance amendmnts proposed to regulate adult businrsses should not attempt to &fine individual acttvftfes but should instead regulate the site location choices of all businesses thtt mstrict sale, display or entry based - upon a minimum age. and not consider the legftimcy of the use, 8. The potential site location cho4ces for adult-only uses should be dispersed rather than concentrated. This distaace should be measured radially from property line to property line and should be-at least 1,003 feet. Requiren5nts designed to maintain the inteprity of residential zones and other arecs where the there is considerable traffic in juvenile or family oriented activities should be adequate for the purpose but shoulC not be overly rtstrictive. C. Should the City develop anrndments to the Code of Ordinances designed to control the site location choices of adult entertainment businesses, it may be desirable to specify an amortized termination schedule for my extsting adult business which does not meet the mlniam site location standards as specified in the Ordinance. D. . Concurrent with any zoning ordinance nvisions designed to contml adult uses, a permit and license mechanism shoulc! also be developed. The minimum operational standards specified by the license will vary according to the type of business to be regulated. E. Any zoning ordinance bmuldmnts concerned with adult businesses should provide provisions to regulate signs and sinilar fom of advertising. I@-, F. The City Cotmission should encourage a vigorous enforcement of the State Penal Code to emve ittegitinrate uses. Es~zcially fmportant-1s that portion of the - -1 6- Penal Code which protects singn froc cll pornog+c;hic raterial. The City should impose specific amenchnts to the Code of Ordinances requirins businesses publicly displayfng generally circulated pornogrc?iic niaterial to pmhibi t m.fnors, by an enforced physical barrier, from viwfng or purchasing pornograrhic materf a1 . - If the City Cammission, follwing a mcomzndation fm the Planning and ZonCng Cormistion, finds the necessity to contml adult-only businesses and the pub1 1 c display of general ly cf rculated pornographjc rater4 81, a1 1 ar;rn&zentr to the Code of Ordinances should be prepared 2s a total prckagc and sub~i tted to the Planning and Zoning Commission for prcltninary review, before action by the City C01im1ssion. The Planning and fonfng &mission review should have the intention of assuring the purpose and continuity of ecch amnbnt to the overall goal of regulatf ng thhse adult businesses and adult tcterial displays. I Zoning for the Pornographic Arts, City Developnent Departmnt, August, 1976, Kansas Ci ty , Hi s souri ~hc cases mvdwed in depth we=: - A. Young v American Mini Theaters, Inc., 96 S. Ct. 2440 (1976). This was the 3upncme Court mview of the City of Detroit zoning ordinance which rrqulated (4 the proximity of adult uses- to residentla7 zo;;es, (b) the proximiry of adult uses to other amas where heavy traffic or concentrations of minon were found and (c) the densfty of adult businesses. The Court held that a cl ty has the authority b control the location and Gnsf ty of cduit entertain- - ment businesses based on its police pwer right and duty to protect the health, safety and welfare of its citizeny. 8. Ytlller v California, 93 5. Ct. 2607 (1973). This decision lafd down the most mcent standard for determining what Is obscene. This decision is the basls for the Texas Penal Code Chapter 43, Public Indecency. C. Smith v United States, 97 S. Ct. 1756 (1977). Paris Adult Thectre I v Slzton, '33 S. Ct. 2629 (1973)~ md Roth v United f tates , 7f, 5. Ct. 1334 (1057). .I These earlier decisions were reviewed in order to detennine the history of rrstrictions upon 1st Amendment gucrantees. Thfs review rrvealed that in effect the Court is ruling on the controvenial problem of obsccni ty and state conmuni ty standards detemining prurient appeal and patent offensi veness on a case by case basis. 3 Amended by Act 1975, 64th Leg., p 372, Ch. 163, f 1, eff. Septtcber 1, 1975. 5 U.S. News & World Report, September 13, 1976, P. 76. AUSTIN CITY CUJNCIL MAYOR PRO TPI ' John ~revik, J r . Mark Rose Snroot Carl-Mitchell Sally Shipnan George Mmphrey Charles E. Urdy CITY HANKxR Jorcp Carrasco ~UuMULTOafENIP) BUSINESSES IN AUSTIN Preparsd By Office of Land Development Services !fay 19, 1986 City of Austin This report was prepared by the Special Programs Division of the Office of tad Developaent Services (OLDS), with assistance from other city agencies. The following staff members were involved: Office of Land Development Services James 8. Duncan, Director Lilas Kinch, Acting Deputy Director Marie Gaines, Assistant Director for Land Use Review Sager A. Williams, Jr., Division Planner Dan Drentlaw, Planner 111, Project Manager Kirk Bishop, Pla~er I1 --- Stephen M. Swanke, Planner I, Primer~ Contributor ~ean Page, Artist I1 Monica Moten, Draf ter '11 Sharon XcRinney, Senior Administrative Clerk Fletcher Eubanks, Intern -Hike Hovar, Intern Mfke Major, Intern JMWS K. Parks, Intern Robin Walker, Intern Austin Police Department Jim Everett, Chief of Police Joe Hidrogo, Director of Research ad Planning P.O. Kevin Ekhr, Adatinistrative Assistant to the Chief Leslie Sachanawicz, Planner Analyst Galloway Beck, Planncr Analyst E. Gay Bra~n, AdRLinistrative Technician I1 Karen Murray, Senior Administrative Clerk Building Inspection Department Jams W. Smith, Director Bill Cook, h~qcr, ~eighborkd Conservation Edward Sanchez, Acting Supervisor, General Inspections Terry L. ~~0 Senior Inspector, General Inspections Introduction TABLE OF CONTEM'S Page 11. Sumnary of Existing Research A. Analysis of Existing Research 8, Legal Basis XXX. Adult Oriented Businesses in Austin A. Location of Existing Businesses B, Evaluation of Adult Business Impacts C. Trade Area Characteristias -= IV. Conclusions Appendix Map 11 map 12 MP 1 lrhp 2 . me 3 4 me 5 MP 6 me 7 NP 8 nae 9 Map 10 TABLE OF MAPS Existing ~dult Businesses Locations Study Area 1 Control Area 1 Study Area 2 Control Area 2 Study Area 3 Control Area 3 Study Area 4 Control Area 4 Adult Business Trade Area - Southside News Adult Business Trade Area - Cinema West Adult Business Trade Area - Yellow Rose Purpose This report provides the basis for developnent of an amendment to the 4 Austin zoning ordinance regulating adult businesses. Austin's current adult business zoning ocdinance was permanently enjoined from being enforced in January, 1985 when Taurus Enterprises sued wet a "Code u 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 propecty values. Results from these studies contaitt-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. inesses in Austin It oriented businesses, consisting primarily of s, massage parlors, and topless bars. Generally, these businesses are located in an area between Lamar ~oulevard 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 shap with a 1,000 foot radius, contain siailar land uses, and are in close proximity to one another. Four study areaswere defined: two with single businesses ad tw with more than one business. Within th study areas, sex-related crimes me9 found to bt_ from two to-vgarl five 3h8 the cft --wide aveq%e../ ~160, sex-re%ted crime rates were fn;rd ~o-k~66~i?jki?-in study areas with two adult to study areas with only-one hasines9 In order to arsess tho iapsct of adult businesses un property values, gurstion~ires 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 598 felt that residential property values would decrease within three blocks. Respondents based their opinions on several factors. They noted that adult businesses made hcmua less t attractive to families, thus lowering de& and property values. Others statad that the existence of adult businesses leads mortgage undcnrriters to klieve that j- the neighborhood is in decline, thus making 951 financing difficult. - Trade Area Characteristics In order to make appropriate recammendations for assignment of adult businesses to specific zoning districts, a study of trade area characteristics was conducted. Three adult businesses - a bookstore, theater md a topless bar - were examined to determine customer addresses by an observation of vehicle license numbers. Of the 81 observations made, only three custaners had an address within one mile of an adult business. Nearly half ( 44%) of all custolnec addresses wre located outside the City of Austin. Recoanenda t ions Based on the findings of this study, the following cecommendations 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. As is the case in many large American cities, Austin has witnessed a rapid rise in the number and typ~ of adult entertainment businesses wer 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 detcimntal 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 comarunity by virtue of the First and Fourteenth Amendmtnts 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 Cosrmercial Establishments Ordinancew 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 "Cde Violation Noticea for an adult bookstore located at 8004 Research Blvd. his violation notice was filed because the bookstore was located within 1,000 feet of property zoned and used for residential purpcmes. The suit disputed thc city's alrsertion of harm to areaa zoned and used for resihntial purposes. January 10, 1985, a trial was held. Secausa the court was unable to make a factual finding on the validity of the City's assertion, it permanently enjoined the City froar enforcing the ordinance at that location. The court did not declare the ordinance unconstitutional. Howewr, because of the precendant set by this action, Austin currently lacks an adult busine~r ordinance that can be effectively enforced. Therefore, it is tha.plrpose of this study to objectively evaluate the inpacts of adult enbftainraent businesses on surrounding neighborhoods and to formulate appropriate regulationrr based on these findings. . - cm 11 SWY OF MISTING RESEARCH 'his 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 an surrounding properties and the legal basis for regulations controling such businesses is critical in developing an ordinance for Austin. A. ANALYSIS OF EXISTXNG RESEARCH Amarillo, Texas The City of Amarillo's study, A Report on Zoning and Other Nethods of Regulating Adult Entertainment Uses in Amarillo, concluded that adult entertainment uses are distinguishable fram other businesses in that they have negative iapacts on surrounding land uses. The study established a relationship between high crime rates and proximity to adult businesses. FUrtherarore, the study found that the late operating hours of most adult businesses created special problem to surrounding * neighborhoods in the form of noise, glare, and traffic. %~r' Beaumont, Texas A planning departsent study done for the Chariton-Pollard Neighborhood in Hesummit, Texas investigated the effect of adult busfnesscs on economic decline and crime. The study concluded that the concentration of adult businesses drwe away neighborhood conraercial stores and contributed to an increase in crimes such as prostitution, drug use, and wings. Indianapolis, Indiana In February, 1984, the Division of Pla~ing in Indianapolis published a report Analysis. impact of titled Adult Entertainment Businesses in lndisnapolis : An This report contained the results of an evaluation of the adult business upon surrounding areas in terms of crime rates and real estate values. The study assessed the impact of adult entertainarent businesses on crimc rates by researching six areas containing adult businesses and six similar areas containing no adult businesses. A ccmparison of these areas revealed that sex-related crime rates were 77 percent higher in areas containing adult businssses. 1 second portion of the study evaluated the impact of adult R~:;inesses on real estate values by surveying professional red estate appca i sers . Two surveys wc re conducted. The f i rst surveyed opinions of arembers of the American rnstitute of Real Estate Appraisers practicing in 22 metropolitan areas similar in size to Indianapolis. The second survey was a 20% random sample of AIREA me-rs drawn st a national level. In the metropolitan area survey, 781.oftbose surveyed felt that residential property values wmld decrease if located within one block of an adult business. The national survey generated similar results - 80% of those surveyed felt residential property values wuuld decrease if located within a block ot an adult business. Los Angeles, California The Depar&nt 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 nrnnber of adult businesses increased from 11 to 88 establishments. The study indicated that prostitution arrests in the Hollywocd area were 15 times greater than the city ave rage. Like the Indianapolis report, the Los Angeles study surveyed real estate appraisers to assess the impact of adult businesses on property values. Over 968 of those surveyed felt that the concentration of adult businesses dd decrease the market value of private residences located within 1000 feet of the adult business. ~ighty-seven percent indicated that the concentration of adult businesses would deccease the market value of business property located in the vicinity of such establisbnts . Los Angelel) County, California In April, 1978, the Department ofReqiona1 Planning of th Cmty of Los Angelel plblished a study entitled Proposed Zoning Ordinance ~~nt. sficers were rurvey.d. Responses from the surveys indicated that areas with a concentration of adult businesses haw a higher incidence of public intoxication, theft, assault, disturbing peace, and sex-related vice. Respondents indicated that nudo bars, modeling studios, and massage parlors caused the mst individual problbars. em* 'Ocuu' Phoenix, Arizona -- fllc 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. ~hm ound that there was a statistically significant correlation between diminished hsing values and crime rates and the location of adult businesses. he- study also concluded that there was a stronger correlation with neighbo;hood deterioration after the establishment-of - an adult business. 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, Richigan,on the %44+ 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 useH 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. Thc Detroit ordinance was legally challenged and ultimately upheld by the United States Supreme Court in 1976. This court case, knm as Young -v- American Mini Theaters, Inc., now serves as the primary legal precedent regarding the use of zoning powers to regulate adult entertai~lsnt business. In Young, the Supreme Court held that "even though tho First Amendment protects communication in this area (sexually explicit activities) from total suppression, w hold the State my legitimtely use the content of these materials as a basis for placing them in a different classification from other movie theaters* . W"b 1. McClendon, Bmce W.; Zoning for Adults Only, (Zoning news; American Plming Association, August, 1QBP). me plurality opinion for this court case set out three First mendnrent criteria that ordinances regulating adult entertainment businesses must satisfy its 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 acconplis4 its object of eliminating the adverse effect of adult businesses . The limitations established by these criteria are best illustrated by analysis gf 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 warship. The ordinance also restricted all new adult entertainment businesses to three zoning districts. The Atlanta ordinance further required the amortization of certain existing businesses. Although factual evidence was presented in support of Atlanta's ordinance, the U.S. Supreme Couct found that the ordinance violated the first two criteria cited in Younq. The Court first found evidence of an improper motive in enacting the ordinance. ninutes of a zoning review board meeting indicated that the bard would help citizens opposed to the conduct of adult businesses to "zone them out of businessm. 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 coaglete eradication" of adult businesses. The court also fd that the locational restrictions of the ordinance would significantly reduce and possibly eliminate public access to adult businesses. The court had =led i-n that "pornography zoningn is constitutional q)ly if "the market ethle aaodity is essentially wrastrsinedn . Ih. locational restrictions and alaortization requirements in Atlanta wce deened too severe a restriction on the First Amendment rights of adult burinasses. 2. Weinstein, Man: ~equlating Pornography: Recent Legal Trends; (Land Use Law; F'ebrwry, 1982r1 p.4 3 lbid. p.4 4. lbid. p.4 CHAPTER If1 AOUtT ORIRJTED BUSINESSES IN AUSTIN A. LKATION 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 mjor 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/bottdess bars or clubs. Adult Entertainment Businesses must be carefully regulated due to their constitutio~lly protected status as an expression of free speech. The classification of these businesses is difficult, particularly in the case of Adult Entertainment ~usinesses, 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 3 existing businesses are not located within 1000 feet of another adult business. Of the remaining 28 businesses, there are eight groups of 4 two businesses, one group of three hsinesses, one group of four businesses, and one group of five businesses. The locational pattern illuetrated on Map 1 indicates a propensity for adult businesses to locate along the major north/south roadways or on major east-st roadways between Laraat Blvd and IH3S. Table 1 Existing Adult Businesses Austin, Texas January 1, 1986 Adult Entertainment Businesses Adult Bookstores Adult Theater Mr. Video River City Newsstand River Ci ty Newsstand Video Barn Soothside News The Pleasure Shop Oasis Adult Book Store Ms. Video 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. Pdul t Secvi ce Businesses Raraaqe Parlors ' 1. kunes massage Clinic 2. Body Works, Inc. 3. Fantastic Oriental Massage 4. Fantasy mssage 5. 1 Dream of Jeanie 6. La Femm 7. Michelle's Xassage 8. Hidnight Cowboy Oriental 9. Oriental Hause of thssage 10. Pandorags 11. RElaJCation Plus Hassaga 12. Relaxation Plus Massage 13. Satin Spa 14. Tokyo Spa * 3101-A- North IH3S 1910 Guadalupe St. 613 West 29th St. 8004 Research Blvd. 615 West 29th St. 2053 South Lamar Blvd. 603 West Oltocf St. 8601 North IH 35 718 Red River St. 706 East 6th St. 2130 South Congress Ave. 2224 Guadalupe St. 5726 Burnet Rd. 708 mst 6th st. 9640 North Lamas BlVd. 2055 South Lamar Blvd. 512 west Stassney Lane 5610 North Lamar Blvd. 1406 South Lame Blvd. 2906 San Gabriel St. llWest- Wnig Lane 5520 North Lamr Blvd. 4406 mrth lamar Blvd. 3502 North IH 35 403 East Ben White Blvd. 313 East 6th St. 3007 North fH 35 631 west mn White Blvd. 2716 Gwdalups St. 612 Nueces St. 6735 u.S. 290 east 9601 North IH 35 1104 15. Vickie's Massagel 3004 Guadalupe St. 16. Silk Lady Massage 92 East Ave. 17. New SeouL Korean Massage 0312 South Congress 16. The Casbah 9401-8 South XH-35 19, The Chateau 9401-8 South xH-35 20. Singletons Massage 1410 Ulit Topless Clubs and Nude Modeling Studios 1. The Crazy Lady 2. The Doll House 3. The Red Rose 4. Honey's 5. Sugar's 6. The Yellw Rose 7.. Ladies of the Eighties 8. Adam8 Nudo Modeling Resort 9. French OuZlrter 10. Burlesque Modeling Studio 11. Pearls Place 3701 North IH3S 3615 South Congress 336 East Ben White Blvd. 629 West Ben white Blvd. 404 Highland Mall Blvd. 6528- North Lamar Blvd. 2304 South Lamar ~lvd. 1023 Reinli St. 10600 Middle Fiskville Rd. 4912 North IH3S 4814 North IH35 8. EVALUATION OF ADULT BUSINESS IMPACTS In order to develop appropriate recomnendations 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 detriracntal effect on the incidence of crim and property value. This report will assess the impact of adult businesses in Austin by camparing 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 aethadology and results of these studies, see Appendix A. ~ncidence of Crime 19ethadoloqy. The effect of adult businesses on the incidence of crime was measured by collecting crime data for areas with adult businesses (Study Areas) and camparing them to similar- areas having no adult businesses (Control Areas). , This evaluati& focuses on three questions. First, is the inci'bnce of crime, particularly se%ually related crime, highur in areas fiurcounding adult business sites than in similar areas without adult .'business sites? Second, is the inci&nce of crime, particularly sexually related crik, 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 cuapare to crime rates.for the City of Austin as a whole? This study collected data for 45 serious criminal offenses, termed Pat t 1 Crimes by the Uniform Crime Report, and 21 sexually related criminal offenses. Thase offenses are detailed in Appendix 8. The data collected represents calls to the Austin Police Depactment 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 studv and control areas was a crucial element in the objective asseksment of the ilrpact of adult businesses on the incidince 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 W.also includes two businesses, an adult bookstore and an adult oriented filra rental store. Study Areas Three and Four contain single businesses, an adult bookstore and topless bar, respectively. Table 2 Study Area Businesses Study Area 1 Burlesque Modeling Studio Pearls Place Study Area 2 Southside News Video Barn Study Area 3 The Pleasure Shoppt Study Area 4 The Yellow Rose 2053 S. Lamar 2055 S. Lamar 610 W. Oltorf noted, two of the Study Areas contain one, and the others each contain two, adult burrinesms. ~Uthough tw 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 tw adult businesses were examined and found unsuitable for this evaluation. ,rhe highest concentration of adult businesses is located just wst 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 wwce selected according to their proximity and similarity to the Study Areas Four Control Areas were selected for comparison to the four study areas. - -. MAP 2 STUDY AREA 1 LAND USE LEGEND . - .L LXJ Multl Family \ - Commercial 2\ I Oftic* 5 C A- U-'Li"--"' Indurtrial / \ 1-1 Publlc \ 4 1- Park . Adult Burinarm MAP 4 BEST STUOY AREA 2 COPY LAND USE CEQENO '. Single Family Park Vmcrnt Land ._ Adult Burlaera sit. I / > 4=..-' MAP 6 BEST STUDY AREA 3 COPY MAP 7 CONTROL AREA 3 MAP 8 STUDY AREA 4 0 Park 1-1 Vacant Land I .#. / - 8. / -. ,, :8:,... / , ) 1 1; ;. /' ;, \ .. Kt- ..\ - .\ *., .\ \ - ., . /, . . . ; I ..t1%1 (:c,~ll.rc,l . Area --.a- Cliar ac:(.c~ istic:?. A1 1 of tile SCrltly atld (~(111tlrol ,: *.;c:cc: c,::..r,cai~~ecI to icb?~,tify silni larities. 'I'hcy all ale ci ~.c~llcir 111 :.Ii.il*t I a LOO0 I:c,r,t ~ictlitrs, a size of 72.12 ai:r~s, 11.1t~e :,HI I,II I in irml 1ar.lcI t15e char~ct:crir,tics. 'I'he pol~itlation 111~cl-i:: I-)€ cac:11 area WCLC c~nr71yzc.tl usir~q block ddta f~um tile lllfifl c.'c:nst~s c,t Pr,[~ctl;~tion ,~ncl Itoc.rsincj. 'rlw rcsc~lts are surtm~cizcd in I I I, .I, , 1~~~~1 6. 1~3:~l USC t.l);t~,~(:tet i st. i cs ace suauear~ixect in .I ,If::; 7, i3, 0 iillll 111. 7. AnqL0 alack .. fli !;panic ', Ot Ilc!c €:a jo <:cq w,s i ti rjr I x Anglo x Black . !Iispanic I Other Age Composition ' % Under 10 '6 18 to 64 2 65andrsver 'C~l~le 3 Actla L Pol~trlat ion CllnracterisLics study Control - 69.0 60.0 7.9 10.4 71 .S 21.5 0 -0 0. t Table 4 rr1ea 2 Por,ttlatiot~ Q~aractel-istics Study Control 60.0 75.2 11.4 6.2 33.5 in .o 1.2 0.5 : Owner Occ\rp.ancy 34.7 26.7 BEST COPY '.I. At ry 1 1) 'I. 1ila4:k : ~I~~~.III~C 7. 011,cl. Single Family ~ulti-Family c:r-vnme rcial office __ . _ _ -____ _. ---. -.-. .--. 'I'aI~le 7 Area 1 Existillr~ Iarlcl Use (in sctcs) S tuc.ly Cunt col 1 11c1us t r ial - - P~rblic 3.9 4.4 dm-. rarkland - - \:acant 1.6 0.7 Roads 37.3 34.7 _____ - _ --- -- - ___- -. - ---- - : 111,lIe k.;i~&ti ly [i1,it 1 -Fci1~~i Ly . llllli~~l~~~'9l !If t 1t.t: I I,AI:;LL ia L k~tll~l ic ~ir L k Land Vacall t Prmrls Single Fami 1.y fltilti-Fanlily (:(aunercial clffice 'rahle 9 Aicns 3 Existing f.aild [!Sf? (in actc:;) Study control Sitvj le Family Flu1 t i-Family Comnw-1-cia1 Off it.e [III 1i1:;Lt ial Pub1 ic Parkland Vacant Roads 'rahle LO A~e~rs 4 Existing La~ld Use ( it1 acres Study Control Results -- The crime rates calculated for each Sti.rdy and Control Area and for the city at lafge are indicated in Table 11. 'I'atJle I1 Average Anria~al Crime Rates (per 1000 population) Part 1 Crime Rate - ---. .- - .-- .. .. . . -.-A . .---- Sex Related Crime Rate Study Area 1 Control Area 1 Study Area 2 Control Area 2 Study Area 3 Control Area 3 Study Area 4 Control Area 4 City of Austin 03.14 2.81 All Control Areas 132.23 * BEST COPY .*..:.tl y:;is of ~'~l~lc 11 reveals a definite pattern concerning sex-related 4 - iuw: L-~~cs. Sex related crinles rates in Control Areas ace ~..~l~r,ir;tttntly low, ranging from 65% to 809 of the city-wide average. 111 cotttrast, sex ielated crime rates in the SLudy Areas are ..trl~stilnt ial ly i~iqt~er than the ci ty-wide average, ranging f rm 177% to 4ii29 higher. 'rite sex related crime rates for Study Areas 1 and 2, which each cc~l~tain two acltilt busincss sites, are higher than those in Study Areas 3 aiwl I, which each contain one adult business site. Table 12 ~.i,t~st>liclates the ct it~le rates for St~wjy Areas 1 and 2 and Study Aceas 3 ict~i 4. l'his analysis indicates that tho sex related crime rate in areas having more than one adult business site is 66 percent higher than in areas having only one adult business site. Tabk 12 Combined Average Annual Crime Rates Part I Crime-Rate Sex Related Crime Rate Study Areas 1 L 2 2fl1.42 Control Areas 1 6 2 193.43 Strdy Areas 3 6 (2 159.70 Control Areas 3 & 4 97.14 Real Estate Imnacts Me - thodoloc~~. . - -- 1n an effort to assess the impacts of adult entertainment bilsinesses on property values in Austin, a sucvey of the opinions of real estate professionals was conducted. A three-part rjucstionnaire was designed to gaitgo the opinion of real estate appraisers and lenders in the Austin area regarding the effect that an .cilult entertainment business wou1.d titrve on surrounding property values . The first part asked respondents to indicate the effect of one adult tmokstore on residential and con\mercial prapecties located within one t~lock 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 tiesigned to estimate the degree to which property values are affected Ijy adult businesses, and to establish the basis foc the appraisers0 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 --- "teal 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 simnarizes the results of the questionnaire regarding the effect of other conmercial uses on property values. 'rahl~ 13 'rhe Effect of Adu.lt O~~sirlcsscs on Property Values in Austin, Texas Decrease Decrease Decrease No Clic~riye 1 to 10% 10 to 20% . 20% or more - . - .---- ---.-- . . -. .---.----- -.---.---- ..--- - .-- -.-- ---- - R*-sirleritial Pcopec ty Olle Block Radius 12: 3 1% 26% 312 Cc ~rtunr?rcial Pryx:~ ly 01w Block Radius 31% Residential Property l'liree Block Rctdius 41% CurvnerciaL Property 'Illtee Block 'Radius 59 3 30% 9% 2% 'Ilie trll>ulatcd rcrsponses ill 'ral~le 13 intlicate that a sul~statltial r~ajority (8nI) of tltose surveyetl Eelt that act ar.h~lt kok store would have a rieyative effect on residential p~opcrty iocated within one block. Of these, 31 percent felt that value would decrease by mote than 20 percent. A majority (69%) felt that the value of conunercial property within one block of the bookstore site would be negatively affected. ally 6 perce~it felt, Itowever, that the decline in value would be greater than 20 prcerrt. Wlten the distance from the adult bookstore is increased, the negative impact or\ property values appears to be less severe. While a majority of reswndents (59%) indicated that residential property located three blocks from the bmkstore would decline in value, only S percent felt tire decline would he icreater tllan 20 percent and over 40 percent felt that there would be no chanye iu value at this clistsnce. Ille majority of tesponclents (59%) felt that there! would be no cl~ange in value of commercial property located three blocks f~om tlre adult bookstore site. Table 14 The Effect of Commercial Businesses on Residential Property Values in Austin, Texas t~~rch Somewhat Ahut Somewhat Much ilicjher Iliglrer TlleSnme Lower Lower . -.--. --- .- .- ------- ----. -- ----- - . -- --------- --------- -- ,111 I I: dl I'c)c>l lldll Welfare Office Neighborhood Tavern Record Store f4edical Office ~ranc~ Library mug Rehabilitation Ice Cream Parlor Video Game Par.lor ~dult Video Arcade 'Sopless Bar Massage Parlor fdul t Theater 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 Pc~dty Value Decline.,,The real estateprofessionals were ------ asked to descrl the effect of adult btrsinesses on property values in general and the basis for their opinions. llresequ&stionsare important because they help establish why property values are affected hy 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 dearand, which in turn decreases the rmcket 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.. . . 4 it1 rc!r;l~*rtrlr-tits intlicatcrl t ]bat "pt iclc flf CTAIJIOCS~~P" II~IS an is11 .. : t ar 1 t ink J.uc?~~co on PC ope L- ty valucs . bllrcn 1;trnil ios a re cc~r:r>ur ciged t J ~~~,l\~e a I esirtcntial area or discourafjcd from locating in a pat t I c:rtlar ait-a due to the cxiste~~ce of an a<lul t busitless neacby, a tra~~., i t ion f u~nr a family-orie~~fi~cl, omeL -occupied neighbotlnmJ to a moce ttansient, rcc~ter-occupied neicjiibthood result. 'rtiis trend is rcli~~focced I-~y the reluctarlce of teal cstaCo lendcrs to make 90 to 95% financing nvaili~l~le for residential propetties in the area. wit11 regard to llie effect on camrcial properties, respnderlts coeas*?rited that ~:olnur~rcial property villucs were ticyatively im[mctccJ but to a lesser degree than residcrltial properties. It was also noted that the impact of n single adult entertainment business would be less sevece than the impact resulting from a concentration of businesses. Other conmtents indicated a negative impact on the sales of businesses engaged. in neigllborl~ood trade. One responderlt conmnted that adult etitertainment businesses tend to drive out residential or comneccial uses. . nwse respondents who indicated little or no change in property values cited several rcaso~is for their opinions. Several commented that 164r adult busirlesses locate in areas where property values are already in * decline . One comment ~~oted that commevcial properties wuld experience very little effect because most commercial properties are encumbered by long term leases. Another respondent stated that there is no market eviderlce that values will change. In swnmary, most appraisers and lenders believe that adult businesses will contribute to a decrease in surrounding property values, patticuiacly residential ptoperties -within a one block radius. The appraisers opinions will affect pcoperty values t~cause their lending and appraisal policies will, to some extent, determine property value. C. T'RAOE AREA CIUiRACTERISTICS ale use of zo~~ing authority to cegulate 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 busi~iesses to specific zoning districts, an ur~derstanding of theit trade area characteristics is important. Specifically, it is useful to know if a substantial portion of the adult bisinesses clientele is drawn from the imnediate neighborhood or from a larger regional area. In order to establish the extent of an adult business trade area, a dm method of determining the location of customer residences must be employed. The method selected for this evaluation was the observation W of vehicle license numbers. It was assumed that addresses listed on the vehicle registration reflected the location of the customers residence, Three aduli 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, (Hap 12). Nont of the three businesses observed appear to attract a significant number of customers from the idiate 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 imnediate vicinity. Almost half (44 percent) of the obsecved customers resided outside of the City of Austin. Table 15 snamarizes this analysis for each of the adult businesseo. Table 15 Residence of Observed Customers Adult Theater Adult Bookstore Topless Bar Within Austin . 8 4 34 Outside of Austin 6 7 2 3 CHAPTER IV COE(CtUSI0NS A. CRIME RATES The results of this study indicate that there can be significant detrimental impacts on neighborhoods located near adult businesses. ~1 analysis of sex-related crime rates in areas with adult businesses (Study Areas) revealed rates approximately two to five times higher E than city-wide averages. Control Areas, which contain no adult businesses but have similar locations and land uses as the Study Areas, were found to have sex related crime rates approximately the same as city-wide rates. Moreover, sex-related crime rates in Study Areas with more than one adult business were found to be 66% higher than Study Areas with one adult business;'-- 8. PRoPEFmY 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 fanily-oriented, owner- occupied residential neighborhoods may precipitate a transition to a more transient, renter-occupied neighborhoad. The results of the survey of appraisers and lenders closely parallels the results of a similar survey conducted in tos 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 imaediate area in which they are II 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 co~mercial service businesses. D. RmmmmATIM Zone Districb T!W analysis of the trade area characteristicr 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 conmercial zone districts. These dIatcict6 are usually located along heavily traveled streets such as arterials and I interstate highways, and are not norraally near single-family neighborhoods. Colmwrcial tone districts that are designed for r regional orientation include am, W, Ut, CS and CS-1 and to a lesser - extent, tht GR, L, )U, and LI zone district.. nlc assignment of proper zone districts must also consider the type of achllt business. Mult Entertainment Businesses, (including hr.istores, theaters, and film stores) represent a form of free speech uhi r:h is protected by the First Amendment. Regulation of these uses must not unduly restrict freedom of speech. Adult Service Businesses, such as massage parlors and modeling studios, are not as sensitive to First iunendment issues. Adult Entertainment Businesses are recommended in the GR, L, CBD, DHU, CS, CS-1, CH, HI, and LI zone districts and Adult Service Business are recommended in the L, CBD, DEN, 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 fd that almotst all couanercially zoned property is, in fact, located within 1000 feet of residential property. This is particulacily true in older areas of the City where narrow strip comnercial development is flanked by residential use. ?his 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 reconraended in the CR, L, W, MI, and LI zoning districts for Adult Entertainment businesses and for Adult Service businesses they ate reconwended in the L0 DIW, CS and CS-1 zone districts. See Table 16 for a sum~cy of these recoanrendations. Table 16 Zoning Smry Mult Entertainment Businesses C C P C P P PC C Adult Sewice Businesses -CPCCC P- - C - Conditional Use P - Permitted Use PI spersion of Adult Businesses 'Ihe 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 atlult businesses should prohibit their concentration. Presently, the ordinance requires a 1,000 foot (about three city blocks] seperation Cvltween adult businesses. This requirement should be continued. I?. 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 availableaaps do not provide full coverage of the city, the most heavily urbanized sections of the city were examined. mt analysis found 4534 parcels of land of various sizes where an adult entertainment business wuld 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 Developnent Services,. 301 West Second Street, Austin, Texas 787 67. Implenrentation of the above rccomended 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. Appendix A hr~.-lysis of ndult Businets Studies in Indianapolis, Indiana and Las Aiiqeles, California. A. INDIANAPOLIS, INDIANA In February. 1984, the Division of Plamin~ in Indianawlis arblished a report eniitled hult Entertainment ~usin;sses in ~nd'lanapoiis: 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 Hethdology. 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. 'Xbe six Study Areas were selected f raar 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 proxinate location to the Study Areas and their similarity in term of population size and zoning mix. Of the six Study Areas, two consisted primarily of residential zoning, two consisted primarily of conaercial 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. me study canpiled all reported incidents to which police were dispatched. These data were assembled into two groups: Wajor Crimes and Sex- elated Crimes. Major Cries included Criminal Naaicide, Rape, Robbery, AggtavatGd Assault, Residence and Non-Residence Burglary, Larceny, and Vehicle Theft. Sex-Rela ted Crimes included Rape, Indecent Exposure, Obscene Conduct, Child Rolestation, Adult Molestation, and Comerc;ial Sex. Results . me evaluation found that for both the Study and Control xreas, the rate of major crimes was higher than the corresponding rate for the Indianapolis Police District as a whole. The average annual rate for m)or crimes in the Study Areas was 23 percent higher than the corresponding rate in the Control Areas. Comparison of the rates for sex-related crims indicatad 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 hiqhet 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 prcdaminantly residential areas than in predorainsntly ccmunercial areas. The study found a more acute difference regarding sex-related b~~ , crimes. Sex-related crimes occurred four ties more frequently in prcdoQinantly residential areas than in areas that were substantially camercial in mtur*. - : ?a1 Estate Impacts .----- -:-,.thodoloqy. -.-- .- -- The ~ndianapolis report also evaluated the impact of .~iult businesses on property values. The reportapproached the trvaluation 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 teal 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 Suarwries of the Metropolitan Indianapolis Board of-Xealtors; 1980 Census Data: and the a~ual- lending institution statements required by the Federal Home Mortgage Disclosure Act. The second part of the evalwtfm solicited the opinions of members of thc-z'Amecican Institute of Real Estate Appraisers (AIREA). The survey sample was drawn at two levels. A 20 percent random sample of members from across the nation was constructed. A 100 percent sample of professional appraisers with the MA1 (Member Appraisal Institute) designation, who practiced in the 22 Metropolitan Statistical Areas similar in size to Indianapolis, was compiled. The survey questionnaire was formulated to solicit information concerning the effect of adult businesses on residential and canmercial property located within one to three blocks of the business site. Results. The report adopted the following conclusions regarding the - appreciation of residential properties. First, residential properties within the Study Areas appreciated at only one-half the rate of the Control Areas and one-thicd the rate of Center Township (representing the performance of the market at a broader scale). Second, while residential listing activity declined 52 percent in the Control Areas and 80 percent in Center Township, in the Study Area listings increased 4 percent. The report found that "twice the expected number of houses were placer$ on the market at substantially lower prices than would be expected had the Study Area real estate market perford typically for the period of time in question". Tho takrlatcd results of the professional appraiser sumy are depicted in Table 1. Pran these results, the report concluded that: 1, The large majority of appraisers felt that there is a negative impact on residential and coramercial property values within one block of an adult bookstore. 2. Ttw negative impact decreased markedly with distance frum the adult bookstore, At a distance of three blocks the negative impact was judged by appraisers to be less than half that when campaced to a distance of one block. 3. The majority felt that the negative impact was greater for residential properties than for connnercial properties. Table I Effect of Adult Businesses on Property Values in Indianapolis, Indiana Decrease Decrease Decrease No change Increase Increase 20% or 10 to 1 to 1 to 10 to more 20% 10% 108 20% Residential Propetty C3ne Block Radius 201 National Survey ' 21.3 24.5 34.1 20.1 0.0. 0.0 1001 MSA Survey 19.0 25.4 33.6 21.1 0.9 0 .O Camercial Property One Block Radius 20% National Survey 10.0 19.3 42.6 28.1 0.0 0.0 100% MSA Survey 9. S 20.3 39.9 29.9 0.9 0.4 Residential Property Three Block Radius 20% National Survey 1.6 9.3 25.4 63.3 0.4 0.0 100% MSA Survey 2.6 7.8 28.9 60.3 0.4 0.0 Cornnarcfa1 Property Thcee Block Radius 20t Natio~l Survey 0.8 5.2 16.5 76.6 0.8 0.0 ".r:< 6,. 100% MSA Survey 2.2 3.9 16.8 75.9 1.3 0.0 't.i~r? Indianapolis appraiser survey included a question designed to help c::tnblish the basis for their opinions regarding the degree to which .-I !trlt 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 s~lrrounding 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 tlla 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 a&lt.businesses attract "undesirablesw to the oeiqhborhood; that adult .bus@sses create a bad image of the area; ' and that this type of use of fends the prevailing conmunity attitudes thus discouraging homebuyers and custamers from frequenting the area. Wnty 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. Same felt that development standards controlling facade and signage would determine the degree of inpact, while others indicated that the nature of the existing connrrcial 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. Wo additional responses are noteworthy. Ficst, 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. 8. WS ANGELES, CALIFORNIA In June, 1977 the bepartnrent of City planning of the city of tos Angeles published a report entitled study of-the ~ffects-of the Concentration of Adult mtertairunent ~sta6iisharento in the City of &s Zgeles, The study includes an evaluation of the impact of adult businesses on both criaw rates and property values. Incidence of Crime fiethodo1 . The City's study evaluated the impact of adult & on criminal activity by comparing crime rates in Hollywod to crime rates for the city, ~ollywood 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 tiar adult businesses in Hollywood proliferated from 11 to 88 establishments. - ~+.r.tllts. ThC City's study monitored trends in Part 1 crimes. Part 1 - ':L 1 . .:s include homicide, rape, aggravated assault, robbery, burglary, 1~1t-my, 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 pc~<:ent for the same tine period. This report also monitored Part I crimes conrnitted against a person (as opposed to those coumuitted against property) and found that they increased at a higher than average rate in the Hollymod Area. Street robberies and purse snatchings, where in the victim were directly accosted by their assailant, increased by 93.7 percent and 51.4 percent, respectively; coaqmred to the city wide average increase of 25.6 percent and 36.8 percent. The increase in arrests for Part I1 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. Mile 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. me Los Angeles Police Department increased their deploymnt of pol ice 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 iapct of adult businesses on surrounding property values. The primary approach sought to establish th, ir~pact m property values by monitocing changes in assessed value fraa 1970 to 1976 for selected areas having concentrati~~ of adult businesses and for appropriate control areas. The report relected five study areas containing 4 to 12 adult entertainnrent businesoes. Three study areas were in Hollywood and the other tm, were in the San Fernando Valley. Four control areas, having no adult businesses were relected. study examined property assess~nent &ta, U.S. census data, and other pertinent information to determine the rate of appreciation wet the six year study period. The rates for the Study Areas were conpared to the rates for the Control Areal to gauge the impact of adult businesses on property values. t second approach of the study used survey questiannaires to suL cectively establish the impact of adult businesses on surrounding I 4.:. :dcntial and commercial properties. 'lko questionnaires were 4 red. Tlle first questionnaire was distributed to all meabrs of thl: American Institute of Real Estate Appraisers having a Lo6 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 resi~lts of these surveys were supplemented with input from the general pul,lic 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 ji 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 cantention that concentrations of adult businesses have been tht 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 sumnarized as follows: 1. 87.7% felt that the concentration of adult businesses would decrease the market value of business property located in the vicinity of such establishments. 2. 67.9% felt that the .concentration of adult businesses would decrease the rental value of business property located in the vicinity of such establishments. 3 59.3% felt that the concentration of adult tnasinesses would decrease rentabi li ty/salabi 1 i ty of business prop r ty located in the vicinity of such estabtishnts. 4. 72.8% felt that the concentration of adult businesses would decream t annual income of businesses located in the vicinity of such establishmnts. 5. Over 90% felt that the concentration of adult businesses would decrease the market value of private residences located within 1000 feet. 6. Over 861 felt that the concentration of adult businesses would decrease the rental value of residential in- property located within I000 feet. *- -- 7. Almost 90% felt that the cancentration of adult businerser would decrease the rentabili tymlabili ty of residential praperty located within 1000 feet. w R.. :pondents to the appraisers * survey comnen ted that the adverse ::ects are related to the degree of concentration and the type of 1 business. They indicated that one free standing adult business nu] have no effect. A few comments indicated that property values and t~~~siness volume might increase for businesses that are colapatible with adult entertainment businesses (8.q.: other adult businesses, bars). A high percentage of appraisers and realtors coamented an the adverse effect of adult businesses on neighborhood appearance, litter, and graffiti. Tile 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 inunediately 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 frat wmen and families. 6. Generally reduces business patronage. Respondents emphasized their concerns about the high incidence of crime. A high percentage of respondents cemented that the aesthetics of adult businesses are garish, sleazy, shabby, blighted, tasteless, and tend to inccease 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, particulacly in the Hollpood area. Citizens testified that they are aftaid to walk the streets, particularly at night. They expressed concern that children might be coofro~~ted by unsavory characters or exposed to sexually explicit material. Appendix B TYPES OF CRIMES Part 1 Crimes - .. llurder Capital Murder Ctiminal Negligent Homicide/Nan-Traffic C~iminal Negligent Homicideflraffic Involuntary Manslaughter/Traffic Justified Homicide Sexual Assault Attempted Sexual Assault m: -- Aggravated Sexual Assault Attempted Aggravated Sexual Assault - Rape of a Child Attempted Rape of a Child Aggravated Robberyrnadly Weapon At tempted Aggra~ ted Robbe ry/Deadl y 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 RNft from Person Attempted Theft Theft of Heavy Equipment -Theft of Vehicle-r Auto lheft At~empted 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 - Y Prostitution Promotion of Prostitution Aggravated Pramtion of Prostitution Coapelling Protiti tuticm Sexual Abuse Aggravated Sexual Abuse Attempted Aggravated Sexual Abuse Public Lerdness Indecent Exposure Sexual Abuse of a Child Attearpted Sexual Abuse of a Child rndecency with a Child Incest Solicitation Appendix c Area One Area W Area Three Area Four Study Control Study Control Study Control Study Control MP-S A REPORT PREPARED BY CITY OF BEAUMONT, TEXAS CITY OF BEAUMOiU, TEXAS 70: Planning Comnission and Ctty Council FROM: Planning Department SUBJECT: Regulation of Adult Uses;. REVISED September 14, 1982 - Issues and Analysis At pnsent, the Zoning Ordinance of the 64ty of Oeaurnont regulates certain adult uses by estrblishing r set of "special conditlonsa that must be met before such uses n;ay be approved. By rdutt uses, the ordinance refers to "adult bookstores ," "adult motjon pfcturo theaters ," an4 other adut t uses such as ccssage parlors or nude modeling or photography studios. The definition of an adult use is tied to situations where minors, by virtue of rye, ire excluded from the premises. This approach was used to elimi- nate the need to make indivfdual subjective judgements and to take advan- tage of Texas Statutes concerning the sale, distrjbutlon or display of hamful asteri a1 to minors. The special conditims whdch must be met before an adult use can be pemi tted are: re a) An adult'usc stlrll not be iocaircd t.ititfs five Runcitrd (500) i feet of the district boundtcvy litre trf etty as$dentiel zoning district. . (b) An adult use shall not be established or expanded wjthin three handred (390) feet of any other rdult b~inkstore, adclt thcater, bar, pool hall, or liquor ston. , (c) An rdult rlse shall not be estsblished or expanded within me thousand (1000) feet of the pta;erty ltne of a church, pub1 i c park or'other rpcnitior.cl frci 1 i ty -sheA r.:.f rIc.rS ccr l7- gttt:' Ut(fortu%c?ely, these specfrl conditions do no? a3ply to tatlcg G* Ctf nkin9 place5 whict~ offer live et.ttr',ainnwt that would nomlly be co-siC+red as an adult use. It is the position of the planning staff that rating or driahirag laces which have rnbertrfwcnt suck as erottc Car,cers, strfpprrs. 90-90 girls, md other aiuiilsr aetivitier tror which dnors ire erclud~d by virtue of r9e the laws of Ytxas unless accomp~nied by a consenting Frnnt, gaardia~ BP spouse, should be considtred and classified as cdult us. This haulC necessitate rmnding the ton1 ng ordinance. Curttntly, all adult uses -cognized in the zoning ordinance are allowed in the General C~.m&tcial - Multiple Dwelling Districts (GC-MD) only with a specific use tierrnit. They are permitted in the C-R, tl, and HI Districts as 8 use of right. If and only if all of the follwing conditions are found then the City Council is ~~uired to (ssut r specific use pennlt for adult uses in a GC-MD Distr~ct: _ . _-. - - -. . _---. -.-- . a-- - -. . Adult Uses r &- Page 2 Issues and Analysis (cont 'd) . a I 1) That the specific use will be compatible with and not - - f njurious to the use and enjoynent of other property, nor . significantly diminish or {mpaf r property values within vicinity; - 2) That the establishment of the speclffc use will not impede : the normal md orderly development and improvement of sur- roundfng vacant property; 3) That adequate utilities, access roads, drainage and other necessary supporting frcili ties have been or will be provided; 4) The design, locatfan and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general pub1 ic or adjacent developments; 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6) That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; 7) That there are sufficient landscaping and screenins to insure harmony and cowatibility with adjacent property; and 8) That the proposed use is in accordance with the con;rehensive plan. From r planning perspective, the key conditions to the analysis of a request for a specific use ptmit are conditions il and IZ. As a general rule, uses which art per~~itted in a zoning district only with a specific use FE~I~ t have unusucl nuisance ~t~srrctetist ics which often an incwati ble or injurious to the uses that are permitted as a right in the saw zoning district. If unregulated, these incompatible uses my significantly Cirinish Or lwrir area property values and impede the noma1 and erdcrly G2veio2rent of surrowadi ns r ress. The re&iiremnt that adult user must gulli fy for a rpeclfic use pemit In r 6:-Mi) District is justified on the bois of local rnalysiv rnb kfertnce to studies on the subject prepared by the City Devetogmnt Oept. of Kansas City Hissouri, the Planning Department of the C4ty of Arr.rrillo, the City of Detroit, and the Plmning Advisory Service of the Awrican Planning Association. The City of Detrojt adopted adutt use regulations in 1972 as part of an "Anti-Skid Row Ordinancew that prohibited locating adult uses within 500- feet of a residential area or within 1000 feet of any two other "regulated" US. The tern "regu1ateC usesn rpplitd to 10 difftrent kinds of establish- J - --- - -0- - - Adult Uses 4 VC Page 3 Issues and Analysis (cont'd) k mnts Including adult theaters, adul t bookstores, cabarets, bars, taxi dance halls and hotels. Detrol t subsequently amended its ordinance as a rtsult of r Dtstrict Court ruling by prohibiting the location of adult uses witbfn 500-feet of r residential zoning district instead of any resi- dcrrtlal area. Adult entertainment establishnents were added to the "Anti-Skid Row Ordinance' by the CIty of Detroit because of evidence of the adverse socio- economic and blighting Impact that such uses have. 'That evidence consisted of reports and affidavits from sociologists and urban plannlng experts, as well as some laymen, on the cycle of decay that had been started in . arras of other cities, and that could be expected in Detroit, from the Influx and concentration of such establ ishrnents ."I ln Texas# the Plannlng Department of the City of Pmarillo has prepared and published a study entftltd "A Report on Zoning and Other Hethods of Regula- ting Adult Entertaiment Uses in +arillo." The essence of the report was that adult entertainment uses have impacts upon surrounding land uses that an distinguished from other businesses permitted in the same zoning dis- tricts. The follbwing am two of the causal factors Identified in their acalysis of adult entertainment uses. 1. The kari 110 Police Department's statistical survey of stmtt crime in the vicinity of adult-only business Indicates that crime rates are considetatty abcve the Clty'~ average imediately surrounding .the adult- only buslnttsts analyzed. 2. Concentrr tlons of these adult-only rctivlt fes hcve detri- mental effects upon surrounding residential and com2r- cia1 activities. These effects are caused by (a) the noise, lighting and traffic generated by the pedestrian and vehlc.ular traffic frequenting these businesses whose prisiry burs of operation arc from late evening to late night, (b) the increased opportunity for "street crimes" in areas with hi~h pedestrian traffic, and (c) the tendency to avoid areas when adult businesses (especially pornographic) arc estsbl2shed. This 8~0idan~t md other factors can lead to the detrrjora- tion of surrounding comrcfa'l and residential activities. The analysis of the adverse iwrct of adult entertainmnt uses provided for the tfty of Aaatitlo Is consistent with local experiences here in Beamant. The locrl consequences of the concentration of adult entertrinnent uses was clearly 11lustrrted in the "Com~r-clal Rtvitali2ation Plan for the Chirlton-Pollard h'eighborhood" which was prepared by the Ptrnnlng Department In Yay of 1981. This plan was prepred as a "demonsttatlm pmjtct" under l grant from the Economic lkvtlopnent Administration and was developed to + L _.__ .- - - -.. . . .--. Adult Uses *c.t Page 4 f ssues and Analysis (cont 'd) I be used as r model or prototype for the revitallzaticm of other areas that have experfenced carmerclal deterloration, neglect and disinvestment. The Mot points of the Clan which have bearing on this report are as follows: 1 - . "The rancentration of bars, lounges, and package stores on Irving Stnet nptestnts a semi-developed rdult entertainment zone. Adult entertafnment uses tend to have a nskfd-row effectn on ad- jof ning propertlts and, when concentrated, often rtsul t In deteriorating wsidentisl and comnerclrl property values, higher crime rates and depressed neighborhood living conditions. - Between 1970 and 1980 the total number of businesses located on Irvfng declined from 23 to 19. At the same tfm the number of package stores and lounges increased frm 6 to 9, Neighborhood comnercial uses such as washateri as, restaurants and grocery stores left the area and were partially replaced by lounges, body shops and car washes. - The character of cmercial development along Irving has changed In recent years from nei~hborhood caxercfal to highway or nuisance comnerclrl with r high degree of incampatibill ty. - The high incidence of lounges and package stores on Irving actually discourages the retention or ntu development of nrighborhood cot- metcia1 uses and is not conducive to ~oeighbothood comrcial rovi talitation. *3 The plan described In dttrll the dmhlll econoiiic decline in this nrighbor- hood which was caused by the presence and concerrtrrtion -of rdul t ectertefn- uent uses. )itighborhood convenience comrci rl estrblirhqents whc ch were needed to meet the lzarket demands of the residents in the area were driven a6ay by the srosing pmsence of these inco?patib\t uses. Kany residents . 4n the ares who were fomr shop~ers testified that they and thalr children were threatened and verbally abused by the custe?rsrs cf the various adult tfittrtclnncnt uses and they feered for their safety and well-being. This ex;ttience 1s consistent with the evidence used by the City of Detroit in decidfng to disperse and mgulate the locationcl cspectr of adult tnter- taf fi-rct uses. This tocrf exptrirnte also wos the tcsis for the recow mendation by the Planning Departcent that "...the adult nufsrnce uses 4n the area which in not compatible with efthtr rtsldentirl or convenience canner- clal developnent and which dfminish the chances for local economic revitallration should ar~rtfted out and removed at the eartiest opportunity.* P JI The Pollce Departmtnt of the City of Beaumont has concluded that adult uses Such as bars, lounges or tevtms, and especially those featuring such sex- ually-oriented activitfes as exotic dancers and go-go girls, ae the frtquent scene of fllegal 5exual rctivitits such as prostitution rnd the salt and use of narcotjcs. Criminal activity In an arcr with adult uses is above Issues and Analysis (cont'd) S-at i on rnC keco~.?nda t i ons There is clerr and convincing docu.xnted evidence ttat adul t enterttin~xnt uses, because of their very nature, have serious objectionab\e oyrratfonal chrracteristCcs, pbrticolrrly when several of them are concefitrrted, that product or result In r detettrious effect upon adjacent areas and the surrounding nefghborhood. Special regulation of these uses IS necessary to ensure that these adverse affects are rninlnized and controlled so as not to contribute to the blighting or downgrading of adjacent property and the surroundt ng neighborhood. average and is often attributable to the need of drug users to obtain money to finance the purchase of narcotics. Crimes against persons, such as mugglng, art also above average in such areas. The bunching or grouping of adult uses has an even greater adverse Impact. The character of the rma attracts a distfnct class of people and 8 crimi- nil elemnt. It results In a teinforchg multiplier effect on criminal behavior and Itads to a higher $ncldence of crime. . . ' - .. The proservatlori of reridenti a1 neighborhoods and business districts against the deteriorating influence of crime and blfght ranks among the highest functions that city dwellers expect its planners, comnissioners md elected offictrls to perfonn. Curront zoning regulations in Beaumont are not adequate .to control the adverse'4mpact of sexually-oriented adult uses on surr unding residential areas or to prPvent comnercial deterioration and blight. l? In deciding what additional minimuh regulations of adult uses are needed to protect the residents of the City of Beaumont, ft is significant to note the recent tfforts of the City of Galveston to regulate rdult uses. The City of Galveston pennits adult motion picture theaters and rdult book stores in comercia1 an& industrial zoning districts but only with a specific use pennit. In addition, these adult uses are not penni tted within 500 feet of any residential zoning district or within 1000 feet of the proprty line of a church, school, public park or ecrrational facility where minors con- gregate. The legal validity of the Galveston Ordinance which hcs some similarities with the Beaumont Zoning Ordinance was upheld in District Court. Howevtr, upon subsequent appeal, the decision of the District Court was reversed. It was the opinion of the fifth Circuit of the United States Court of Appeals that the Galveston Ordinance went too far in.that, under the guise of regulation, it banned theaters fro= sho~Sng motion pictures for adult rudiences.5 The mn of the Fifth Circuit Court Is a clear warning to local governments that they cannot rd~pt regulations which have the affect of banning adult uses. i - At present, Section 30-33.8.2) of the Beaumont Zoning Ordinance establishes special conditions for adult bookstons, rdult notion picture theaters and other rdult uses such as massage parlors, nude modeling or photography studios. The planning staff nccmends that these svccia~ condftlons should 1 .Bsnr, Adult Uses Page 6 BEST COPY Sumnation and Recomnendations (cont 'd) elso be applied to eating or drinklng places which offer live entertalnrnent from which minors are excluded under the laws of Texas unless accompanied by a consenting parent, guardian or spouse. In iddition, the planning staff ncamnnds that 8 specific use permtt should be required for all adult entertainment uses in the GC-EQ) District. In particular, Section 30-33.8.2) would be amended by adding the following cond4 t I on: d) Because adult uses generally have unusual nuisance character- lstlcs which can be incoqatlblt and injurious to other com- mrclal or residential uses and which may significantly diminish or impair aroa property values and impede the noma1 and orderly development of surrounding areas, a specific use pemit shall be required when the proposed use is to be located in a GC-HD, General Comnercial - Multiple Family Duelltng distrtct. The planning staff would also recomend that condition *c)" in Section 30-33.0.2 whfch prohibits an adult use being established or expanded within 1000 feet of the property line of a church, school, public park or other recreational facility where &inon congregate be reduced to 750. The reductton ts retomended 'after cor.suitation with the Lesal D~~artnent concerning the irnpact of the decisim of the Fifth Circuit Appeal Court on the Grlveston Zoning Ordinance. The planning staff hcs prepared a series of saps which will be presented at the public hearing which denmstrate that with this proposed reduction in separation between uses that them art nuzerous cmercirlly viable locatfont for adult entertainrent uses. These text a2ndrnents do represent an attempt to ban adult entertainnent uses from the City of Bervr~ont. FOOT ?{Of ES 1 t'. AT~~P~sz. Ki~i ~~GC~FCC, fnc., 96 S.Ct. 2540 ( 1976). '''A Report on Zocinp and Other Hrthods of Regulating Adult Entertain- ment in Arari llo," Flanning De~artntnt - CIty of k~iarlllo, Texrs (1977). PP. 14-15. su~omrcial levftalization Plan for the Chtrlton-Pollard Neighborhood.' Planning Department - City of Beaumont, Texas (1981). dwu '"Memo on Neighborhood Colmercial Rcvltaliration Plan for the Charlton- Pol lard Neighborhood," Planning Depirtment - CIty of 6camont (June 23, 1982). L I\V53 3GLL LUt! bUl<Vtk I(E>UL'L(S - PAGE 3 YES: 3 NO : 2 3 NO. 8: If the answer to No. 7, above is "NO" would your decision have been influenced in any way + 0 by nearby (within a 2-square block area) concentrations of adult entertainment establishmen -4 ! u COEWIENTS: P 1 All answers reflected that the decision to relocate (19 "No's") in the immediate area would tn be heavily influenced by the operation of adult entertainment businesses In the nekghborhoo Are you opposed to future locations of any of the following types of adult entertainment establishments in your nedghborhood? ADULT BOOKSTORES MASSAGE PAIbORS PEEP SHOWS OARS WITH X-RATED ENTERTAINHENT NUDE OR TOPLESS DANCING ADULT THEATRES ADULT HOTELS OTHER SEX SHOPS OPPOSED NOT OPPOSED INDIFFERENT ' I COMMENTS : I I K ).. I i x I : 4 w p: "We feel it would reduce any neighborhood to a ghetto. It would bring in the worst element, We don't need degenerates. There ie enough of that already in town.' NO. 10: Do you feel that any of your normal living habits (going out at night, walking in the evenil riding your bicycle, etc) would be limited or hindered in any way by the operation of adult entertainment establishments in your neighborhood? YES: 26 NO: 1 "The element of this type of business never helped any business near it-they only degrade an area. ' "took at most any city. The adult oriented businesses aro usualIy Iocirtad in urrtlc::ir.tblo areas - I think that if adult businesse& were to bu conccntratcrd, fringe arcas would soon degenerate to an undesirable environment, (appearance, etc.)". - POLICE DEPARTMENT CLNCUND. OH80 s-- DEPARTMENTAL INFORMAT~ON BEST 3-5 ' 3' '-vos:igrf i::: 52:; ms$.--- zbz- C,lOPY- I* *- AAMINCO my, RANK .-:u,.us t 7': '*- 'Ae Naticmi Cocfrreacr cn 5:9 311gh: of GSsc*n:>f ;i:<c:1 as :-.:Id fa ClovelurC, Ohio n Zuly 28-29, 1977, Capttk Ctrl I, .DeTru of *= Cltvolzr.C r'cli=r Dcgment -partici?rtad in a p-ol discusston ith1ch :as =od-.rsted by ardce Tzylor, :.zsis=a-.': LEW Director of the City of Clevelmd. -The s~bdrct covered s;cs titled as t\e *'T5t fz?-t cf Cbscezity U~on t're TO*& Codtjra rrJd it %a?, C!Q,-~! *As discussisa t22t Ct?tr.iz 3r12.; qr-:E a In rsch he rer5ily rcL~ted out that areas :%%& houstd ,'omo~,-s;>y sh~ps >at 2 zzck ' c-ire rzte t5es other arecs of the city. Cz~ecis fro3 Z? talk %r-"tztisticz 25 50 sroviCed ua es follow. eeeflenccd 3etectivns b?i.x- =?xi,- =ny invrs:igz ticns ::a-r? >eC '.I.,? occ3sior-s *A gzin persor~l icovledge of tYc Lz-act of ;orn-cgrz$??;r .~.d its coatrikticn tt cobs, in p=ti:ular ra>es 2-4 sex offenses. 'Ere? ex'-L:aely ofisnslvs c:i--.ns .-%i~h ?re -.tell kco-m +A =?Is de:~,ertt r=.e b~ieily described 2s fol~ah3. :1;3ER: -<? eight year old owale ',-cs semllg aaszultec! 1-I= -A~:treC .ti: 5ar bcdy left in 3 coulty f 24 year oic! zzlz asrailant :,as epgrri..tcCed 275 c.--;-? - -. -a --: - -. - 2westig=tion it :-.as found 2at tke esrsllant ~;cs L? cad rrrdez of hrl cere ..;~rzq:r;i-j. 5: .. . :ritresses i~xILcated tSat Hi+& seve~zl bort-s Br -.~zs st c. scut shop viewi-zi =agtz:zes r-;cr. 'r.mrcC Jwenllc ~les and f-les Lq nude pses. RG5Y: .:2%,- a series or rz?eg, *&r assailant ~.ru lou-.d to be rl lk :r??= cIC XI*. .?epz3tLz? as abated L? *a ofIicirl police re-, '~.s scspct g'atcd <=a: to :zit ptzazr seize of bis ic!s:s far t210 F&-icular acta 'used in 3.r rt* (-inilF.?euz, zrol s:=s~',' Crm *c',gAng SLQO ir. r prnw:;ky pa~aziat. Sus-,ect fwther sbtrd to Datect%ves tfd f,e ?sf -rl?wd hrrd coro, novies LI a thccter, tr$a & 2. 105 St, zc! Zuclid Are. SZ oi??=.r Ewbaad -wx! :J(,;te, zges 33 zn-t 26 'mve bea7 c+~r=sCI ::i 2- 3. . - ~23be,- cf vLrioc8 sex off*tSes On tbrss &ildz*3 0c ace id%, boy, eg3 !,cl 4~7, ZgL L, 5_-.6 25s. 2;s i2. me k~a'xid bad a 1-3 c3llcc%ion cf I-rli ccza tovlas az12 TZ$~=',~..PS .-:.$ :-2= t"tn #o*~~rssb of tha c2Ck!.ren ilrtolved i-z 5:eir s*x relations. r Kziouledge gain& fr?p our ---~utLcc ::v?stigation t?diczted a vzry c-ozo :crrrlrtions?dp Leiz.rcen ~ary type8 of c-tncs md %=a eve: L,-.cre=sizg exposure of ha* c=-5 xisxines _.rd rovieg. At the rwrst of 3~ce T171=2, %59 Follce 3+;~2eqC ~dde US+ .cf t!!e 3a-a bcissa Uni', rcd &t.-L?ed cz4=s stctiltlcs ,';: =:a er-en cify. 3\-e fcczs -'--' -- - . . nee o'=lc,aF~ed ver'fid ;ht -wled~-'sle ;olice or'ZLcetr bd alt;o,S') 'csen aware or 2r.c :::?-; 1s 'kat ";?e tnci0l."-f of crb 2s xch pectcr 12 br+a3 :..-5=zt 331: outlets ?,'e lo~~tec'. ?i~&-: zs o~lrttd :,? ti-3s rzpc-rt uera obt3-6d 03 2 cersu t:==t Stsis, -9 3eirg t2u sreallrs: *::i: ai aeasurs-=at at0 s?i& t5a geogra?h.iccl a=.= of Clrvsl=nd is Ceded. 'Es 1970 c??.-%S Z-Z- VC~ codu~ted bj *Q U.S. C=tm S\L-ccu diYiCed t\-e Cit;. jf Cl~*r:lxui Llto 204 ~.urll~ .'F.:Li; CSNU tract^. TL3 fls-ts ;rovidcd below am z2la:ed ta camus tzectj. cla*rel& ~TS a total at 26 s=~t %:lets deit ~S?C core :srr.:x>zr -. Wc3 consist of 8 tavi. bou~es and 18 ~9 kook stcrzl -&*A pccp sba.3 kcludd a'; -2Zra 5:s: Eest 26 outltt~ UJ :oc=t& in 15-crrcru tracb out 31 tt~ 'C4 C~WIS t~-cta ~3 t::~ z::y, :.: i k]r ~2ci:e of $1:~ 3;*r~t=rs z:L! nct f'f ¶-v :c?iZg 0: I2yL;lativr =03Zr'_ctio?~. C POLICE DEPARTMENT CLLYIUNO. OHIO BEST ir".l(. DEPARTMENTAL INFORMATION %r#ah&jriez tipZi03 Unit COPY .~.2~23Z ?kt ,,7= bfl ;.q:a-3 t -7 CXAMINLO mY, RANK 1 d~ rnor ':ji+l .;. DaLau, Captaia - -.- --' -- To Job,? Xuicula, 2ep. Icqectsr lV.J~~ Sm'r She; Cutlats , conzrlht~3ns of %!rse cutltf s 'A tka iaccrezs%t :r'--'.a :z:e ir. 2:: cersu '.r~ct arer zf t>r s.;sl= keys. C0Pl.S T 0 Ctiof's Cfff:+. Law 3+cc,-:znt. 3urusu oZ I;..~r;rr?f~r,3, Duri.!~ 1976, the CiQ of Clavels~d hd r &34 rr&ction is! c-ke, <:<= 23 - c-ared to 1975. 0: 'Yhe 3 cew t:=ctst'let co~teltl t!z Ixr.cg=zay mtl3td, 12 +',=.'..a: ?re t crFrs =%*kt-43 or reat-l.lrd the sme. '. he PJ~ Irig3rst rwXx c5rss trzcts Fa crc's kve c total oi rfgltt (2) ;arnc,yr.=?zy suf;:sQ *./lthh t2r bcxadries 0,' thse t-m '.,=acu. hesc art the Ti-= ki&+s; af the tattl zO~ census tec3 I& +he citr. Csr.sidrratlon -43 glvra '4 tso of %e =at oi,'~-sive crires ?.kit:? Ire ZOC"~~ bf %\E 3a.e PxcossJ-ry Unit aA their tifecta &?& rr+latIoru'-c> +a smo c~tl?l-r, IaY=ezLes .%d 3-* "'CJ. In 1976 %!sere vere a total of 5.k53 30bberies h the CiQ- ot Cla*rs~zW&, $2:: is m e%*a,-cge of 20,5 mbberlrs -,er census tzoct. In the T,j cs!-?nu trsats .dkkd". crst;ai-? . go=og,-a-&,jr e-0 were a tatal of 671 mYbtrfe~ f92 =a zverags oi ZS~X~ 48.5 :~5t=: jlr czzscs :?CC=, dcu51-. +* city -Ads dv~rl~e. One c-m tract 'r-irit! conbaias =vs p-m~aphy autl2t4 zz-d c?>,* a ;c,p.LttL of 72L1 3e=.?10nj tzC i tow of robteries tzkZag 7laca Lz sa=e. 1: %%e '*erst c~rsus 3-5 LT city, splratim of 23,557 nith so p-~greritg cuflltts, tkrzt -ire 2 -x'c'rtrirs ia 1976. Raparr 1s 1976 there war3 a total of 4;E-rz;es re-rttcl F? t!!r CLty of Clsv*L.=d. .mi3 ilgures out ta sn ava-qge of rr-pes ;or cczlnu %r-.ct. 13 +As Ij =;.zcL,3 A*- --a?, :zntzi= ell 3,Z '*be porncr-pw outlrta, tke zata fo: ==3rr Fg nearly Cwbla. - tratts *E:n czctah z rf3tzL d Tin [X) go=.ilogr=;kr =u -* -- - s-.. -a, tka avrraga rz%a far rz;e? 1s Wer trzct '&I& IS f:ur t%c,e~ t;:s ave:i.,g!i L: thr ciV'.. Out of the top trace ?-.?lick rtFe 13 Ngkest, t;ro ci these t?z?.tS ccztaL:, ,-0,-ogrrphy outlets ~Mle +>.a -1-3 bamicn on s L-sct :&lei; cocm thu >cT?Io-~c': OUtleter. LY these tr=&, there were a total of 2 rzpea zp;ort&, tlris Ls sear sz avezege of 2 r:Fes per Cew tract, nee* 3cves tizcq the avs-zege far the ciQr. Cloar scrutisy of %!s ii-es ,'ma t%e Dab Proceasbg OnFt cz my w-5 svcr. @are of 2o degree of cr'a as record& by c*'m tracb i=-d<c~%es a auc5 )li&er c-~i.~-e r?Fg -Cora "the >crr,cce& cubJats sre Lacs:&. %-a atcvn 5a2 brcn cn e hone:: ax-rvti' 2ch fixtees cra~t be d2sjmted. \:. Final Report to the City of Garden Grove: The Relationship Between Crime and Ahlt Business Operations on Garden Grove Boulevard Richard McCleary, PbD. James W. Meeker, J.D, Ph9. I. Intmductlon and Exccrttive Summary XI. Legal Requirements For Contmlling Adult Enteminmtnt Businesses IIL Cdme in Garden Grove, 1981-1990 Figure 1 Table 1 Figure 2 Figure 3 Table 2 23.1 VL Sum of Ral Estate hfii~ls Red mte Sunny Freq~e~u A3 Hamehold Sumy FrequenCier A 13 Red mte Imrtroment, Horrrcbdd Iastnnnent RQP-ds- I. Introduction and Executfvc Summary This repon summarizes an exhaustive series of statistical analyses conducted over a ten-month period by Richard McCleary, PbD., 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 tbe 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 resbictions on adult businesses on these so called "seconduy effects" md not upon the content or moral offensiveness of such businesses. We are confident .that my independent - - reanalysis will reach similar conclusions. In July, 1990, we were contacted by the City Manager's Ofdice and Policie Deptrbacat for advice on problems related Q the operrtion of ahah businesses an Garden Grave Boulevard. After years of experience with these businesses, the Police Dcprrtment had come to rutpcct that thtir opera- oonrtitPted r pbk safety hazard. prnty in -mu to this &tion, the city ~.d adopted a zoning ordinance whicb mtrh the location and density of add! businesses. In order to . their surrounding and not on the content of thuc businesses or their monh'ty. The precise dimeasions of tbe negative impret of these businesses were unknowq however. It was not clear that the rupeW spatial relationship betarcen crime Consultants' Flml Report - hge 2 and these businesses was statistically significant, for example; and if the relationship was significant, it was not clear what aspect of tbe operation was rqmusible for the hazard. The exact extent of other negative effects, such as decreased property dues and reduced quality of environment for others in the area, were ab unknown. ln several meetings with the City Manager's me and the Police Department during the summer and fail of 1990, and after reviewing several studies conducted by other cities to justify toni~g rcstrmow . . caa adult buskscs, it was decided that we would adst the City in undertakhg itr own study. This study would consist of an extensive statistid mnalysh of tbe Ciqs crime data, a survey of real estate professionals, and a survey of City residents living ck to the currently operating adult businesses. ?he study was designed to tocPs on the fonowiag questions Docrcsimei?rctc+nintht~~ofur.dtrtt~? Ifsa,i,tbe increase ~~ si-nt and does it andtute a public safety hzud? *Arethcnuyorhcr~~~thrtwumhi8mtiioPrte tbc public safely M? Are addt businesses trsotirted witb ddiniq quality of wighhhood? We agreed to condwt the surveys md appropdate statistid uulyscs under Consultants' Final Report - Page 3 three conditions: First, we could expect to have any public data held 'by the Police Department or the City Manager's 0-c; second, we could expect the fuI1 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. Tbese conditions were accepted in principle and honored in practice. We enjoyed an extraordinary degree of autonomy ad co- operation from both the Police kpartment and the Ciry Manager's Ofkc. In November, 1990, an began working with tbe Poke 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 froan tbc Police Dcpubnent computers with &ta archived at the California Bureau d Criminal Statistics and Fedenl Bureau of Invdgrtioa. SaMed that the reliability of our data was nurfy perfect, iu Januuy, 1991, we began the arduous task of measuring the absolute and relative dismacu between crime events. We were eventway able to~clsure the relevant dis&ncu for a can6idence. In late Jammy thrmgb April, 1991, these dirtrncu were in nriarrr makls urd with vaxkas methods. Tb mlfr oftbcre adjsa show thrt: Consultants' Rnal Report Pap 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. T3c rise in "victimless" crimes (drug and alcobol use, sex offense* UC.) is also sipSant, tbaugb Iw consistent and intetpretlble. Given tbc nature and magnitude of the effects, the adult bwinessts on Gaden Grow Boulevard colutitutc a scriOw pub& s#tty hatad - Except for expansions, the adult businesses were in opcntioa at their present tocations on Garden Grove Boulevard prior to 1981. There has been so little variation in spatiai density since then that the refurionrhip hen dcnsw and aime cannot & dcunnbtd Architectural devices designed to meliorate the nujsancc of these bwine~~3h.vcoa~inrplftcmaimt~ When an adult business opens within 1000 kt oi a trwm (or uke vtna) tbe impact of the adult business on crime is aggravated subrtantully aad d~cantly. During thb nae period of time, two qudoanrire immpments were developed prof&onais was surveyed Over nine hundred questiomaires were diszributed During the spring and summer, 1991, a random sample of housebdds living near thc adult burinesses wu r\myed The dtL of this arrvy &ow that Consultants' Final Report - Page S 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 pcnoual negative experiences that arc attributed to these busintss+. Public iuppon for regulation d adult burbcou is wemhelming. While virtually all segments of the community voice suppon for all regulatory initiatives, home owners and women are the strongest supporten of regulation. Each of these finding is fully supported by every bit of &?a available to us and by every analysis that we conducted. The crime data and analyses underlying our four major research tasks are . gCI described in subsequent sections. Most readen witl be more interested in the %&v* policy recommendations based on these anam however. Based on the four major components of our research, we rummend that Locking~yc~ive~emriK*~ktwrcnspatial dmrirydmw tAcnLno?tmnw~&ornatrlWfolot mfnimwnspacingnqutnrunrknwarmnAullhincuu Givenrlusafau~saf~hrrrard,noedult~s~apnme within 1Wf;tstqfa ~CI& x Consultants' Flxul Report - Page 6 These recommendations an informed by an understanding of the legal foundation of the problem. After developing that foundation in the following section, we present our analyses of crime patterns in Garden Grove and two related opinion surveys. Consultants' Final Report - Page 7 11. Legal Rquiremenu For Controlling Muit Businesses The Iegat control and regulatioa of pornography in genera1 and "aduIt entertainmentm businesses spccikally has a long ad controv+nial history. The 1970 Commission on Obscenity and Pornography wenvheimingly voted to eiiminate all legal restrictioos on use by consenting adults of sexually explicit books, magazines, pictures. and fibs.' Whik Resident Nixon, who appointed the Commission. was not pleased with tht &ding, tbcy were am&cnt with the general liberal view that pornography should be tolerated as r mattcr of individual choice and taste unless it directly hams others2 The WiWms Committee in England supported a similar position in 1979,' Altexnatirely, the 1986 Amrney General's Commission on Pornography dtd for a more rwusive enforcement of obscenity lam and regulation of pomogrqhy that it deemed harmful even if not legally obscene.' The cwnnt judici.1 doctriDIll stradud that paas thc difficult balance of constitutionaliy prhd be speech and the direct ngulritioa of pornography, k 4 ' Attorney General's Commission on Pornography, FdRkpt (US. Department of 3- 1986). Consultants' Final Rcport Page 8 found in hfifb v. CdifW 413 U.S. 15 (1973): (a) whetber "the average penon, applying contemporary community standards' would find hat the worlr, taken u a whok rppuls to the prurient interes~ (b) wbetber the work depicts or descn- in a patently offensive way, sexual conduct spccific;rlly defined by tbe applicable state law; (c) whether the work, taken as a wbde, lacks siriats literary, artistic, political, or scientific value. (24)- Despite this standard. the Attorney General's Commisrioa concluded tbrr [after the Milkr decision] ... the nature rod extent of pornography in the United States has changed draxnatically, the materials that ue tMifrble today are more sexually explicit and portmy more viokace tbrn the available before 1970. a production, dhtrhtioe and mSe of pornogaphy has become a hge, *urlkpkd and bQh& pmfitrbte industry? Indeed, there is some empirical evidence to suggest tbat tbc number of prosccutioasb md rp@s7 of obsccniry coaMctHlos . . have declined putionwide.' Recently much of the foal coatrol of pornography has been.of r more indirect nature given the dU5eulties of direct regulation md Iepl cmstmbtt involving First Amendment rights. One rather uaiqtle .pprorch hu been the attempt to regulate poraqnphy as a vkh& drawn's dvJ 'This use d ~lheNcnYaLObrocnityProjecS~&~~l4uirymb~the~OC MiIlerv.Calibhon tbe ControlofObsce~,N'Y'UiJwnity&wRrviov 52043 (l!m). 7 R-E Rig@ "MiIler v. Chlifontia Revisited: An Empirical Note," Bd&am Ywg uniwniry Low Rt&w 2247 (1981). a see genemlty Doww, supla, note 2 it 20. Consultants* Rnol Report - Page 9 anti-discrimination statutes was fiat tried by Minneapolis9 but bas failed to catch on in general.'0 However, many municipalities have been very successful in regulating where pornographic businesses and adult entertainment businesses can locate through the use of zoning laws. Municipalities have followed two major strategies in regulating the location of aduit entertainment businesses. One approach is to concentrate adult businesses in a limited uca, often called tbe.Bostcm or "combat zone" approach. The other approach foUows the opparitt tbctic by hit entmtahent businesses, preventing their concentration, aften ded the Detroit approad." In Boston, adult entertainment businesses had been tinofidlly concentrated in a specific area of the city for many yeamu This "combat zone" was officially established as the Adult Entertaiment DWh in 1974. ' It was feit that by formally rutriaing such businesses to an utr where they were llnady established would prcvcnt the spreading of these burirressu to neighborhoods ' Mioncapolis Code of Ordia~ (MDO), Tit]e 7, ch. 139.20, see. 3. subd (gg), (1). a uForr~~odtkw~.ppnubcrrcr~~d the~~ks~Cameil,S~qCahcE~~~~~#Amcdr EnrcMiMlatr~hmenzshthr~~Lar~~LuaAagei~C~PliMity Dep~aaeat (June, 1977) (Herddter LA Study). * This dbcuuioa of Boston aad the *combat zone" approach is taken from the LA St@ id., at 9-10. Consultants' Rml Report Page 10 where they were deemed inappropriate. In addition, concentntion of adult businesses might aid in the policing of such activities rod would make it easier for those who wanted to avoid such businesses to do so. Tbere has becn some question as to the effectiveness of tbis regulatory approach, as the U' Sardy The effectiveness Gd appropriateness of the Boston approacfi is a subject of controversy. There has been same indiatiou tbrt it has resulted in an increase in crime within the district and tben is m increased vacancy rate in the surroundiag o&e buildings. Due to compfihts of serious ciiminaf incidents, law cdmcezueat activities hnn becn bwcucd tnd t nuauber of liquor licenses in the area hvc been revoked. Sii tbc "Coarba! Zone". and most of the surrounding area arc part of various redevelopment projcccr, however, the chmge in churcrr of the area annot be attriiuted solely to the existence of "aduIt entertainment" baskha.* The other approach that municiprlities.&ve followed is the ditpetscmeat modeL oomctipDu cdkd tbc I)cmit mo&L la 1~n'Detroit abo<ti6icd aa *&ti- Skid Row Odnmce" to provide &at subject to waiver, an rdrttt theater could not bclouted~ ~feetdanytwoothct~ascSawithin3WEcetof a residential area. Regulated uses applied to tcn di&rcat kindr of business aabihhmeatr id"dilIg at thmtrs, a&lt boot 6 abucg b.n. td durah.lb~bote3s ~rtrtntay~ipprarbtm~rdutt~ "=~alhrc-=Pd-d~wby*~-- constitutioaal in Young v. Amcricm Mhi 73reuzra Inc." This model has been adopted by numerous cities including Lus Angeles and twehe otber Southern California cities for controlling adult businessesu While the dispersal model has been found constitutionally valid, several subsequent court decisions have limited the way in which municipalities can adopt I' 427 U.S. SO (1976) (Hereinafter Mini lkatrer). This decision is often cited as the legal basis for a dispcnai approach, however the opinion appears to support the constitutionality of botb the dispersal .nd conantration modek It is not our function to appraise the wisdom of its Cr)etroit'sf decision to require adult tfieattn 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 locorded high respect Moreover, the city must be allowed a rer~oaable opportunity to experiment with sojutions to admittedly serious problems (427 U.S. 50,fl). indeed the Supreme Covn upheld tbe Constitntionality d tbe conceomtion model in Renfun. "Cities may regulate addt theaters by dispdng them, as in Detroit, or by effcctivtly umeentn- thcm, u in huun."(in&a soco 16 at 52). ~ebcrtdn~mrecfa~omti'waaihbtop*tck~orh~les~icy Council Plaaning hnmittcc. According to tbt LA w. tnpny, the cities of &UBwr bd Norwalk have eaaczed ordimnces rcqrriringldrrltboobtauurdthcrtcntoobtrinra&ithmlpwpermit h aprrtatrbcirrtPdytbeCiyafm-sonyrdm#)dticsmh&erm clliborni.to&tcrmioebawath~tcitiesmrecaatrollinga$taltbaabtorer Of thcciticrwhichrrrpardcdtotb~smqt1;2~aaadi~ usePLIlLtjtfarmbmbtam. LJbCadi~fixobbfdOIIucbapenait generally iadP& dbQmrl rsd dbance hquircnreatl butd upon the Dctrait modeL BelIflower rtso Mud= (LA Study supn note - at 12). The U Snrcty also presents r table listing 9 cities nrtiody that have taken a dispersal zoning approach (Id, Table 11). Consultants' Final ilcpozt - If such zoning laan. In Rentosl v. Hayrime ?k~acs, I'." the Supreme Court befd such statutes cannot be enacted for the purpose of mstmbbg rpeech but have to be "content-neutral" time, place, and manner regulations desiped to serve a substantial governmental interest and not unrcu6nabb limit alternative avenues of communicatiorw. 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 Fint Amendment rights it is canteat based and idd. Bu&ifais.imedatthcWsecondry~=&~bnnonthc surrounding community, it is content neutral and theref- valid. In making this determination the court must hk at r number of brs, from the evidence the municipality o&n to support a hdhg of secohdq cfftcts, towhctherthezD~~tc~~the~gf88y~t~ withinthej~rhd*tiond&mu~lity. Ituthc~hctorcltreportb psinrrnlycwncernedwitb.n IntbcMini-usetheDctrait- Council made r finding that ldtth bwbsscs are esped.ny injwhs to r 6 " EtnoifmadiPurerwere~bartbcpmparruarrtboaprdlmust drtrnnincwhetkrtk~mrrrldcircctinly~~~dm.dwlt ~~withtbe~sjwbdictioo,retW~Ptapaalcs,Ihcv,CIty~ WNtrta 808 F.2d I331 (1986). Howaw this is presumably not an itRu fat the City of Garden Grove's orthmce because the enf'ent of the wadd still rlkrwtheoge~tienof~bruiatuuin~locr~~~t tbecity. Conarlta~' Find Report - Rgt 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 tbc same neigbborbood tends to attract an undesirabie quantity rod quality of transients, adversely dects property values, auses an increase in crime, especially prostitution, and encourages residents and businesses to mwe The courts bave not been very explicit in tenns of the exact type and nature of the evidence of ''secundazy effects" that is required to uphold urniry dhmces regulating the location of adult businesses.. On the one band, hilure m introduce . any evidence linking secondary effects with tbe way the ordinance is enforced, is in~utficient~~ On the other band, a complete independent adysis of secondary effects in each jurisdiction that enacts such Irws 'is not.necessary. In &rum" the Supreme Caurt upheld m ordinance witbout benefit of an independent analysis. " Wen, tbe Corrnty hr pritKnted no evidence that a single showing of an adult movie mwld have any humful rcoadary etkts on the cuximuaity. '2bc CoPnty has thus friled to show tht !he otdinu#e, u intrqmted by tbe hty ta i#hr& any th~tbri:rholananadu&~.siaglctimc,ir~~-~h'?arad.~ ~ectoolythta!ctoyofthrtrurborvotoprodPcttbconmotedseconduy effects." Rorrar 106 S.Ct. at 931. Nor do we see baar the County cooM mrLe such arbovin~skeitis~~~dmtQOtya~~e*1~r.~dyaw inaycu,wlortld~qd~lrecanduye~"Tdlb,kv.Slrn~ Cowrty 827 F2d 1329,l333 (9th Cir. 1987). City of Renson v. Plrryrimc 7luawes, Inc, 475 U.S. 41,106 S.Ct 923,219 LEUd h(1986). In this case the City of Renton retied heavily upon the study of secondary effects done in Seattle to its ordiaancc. 'The Court held: We hold that Renton was entitled to rely oa the apcriences of Seattle and ocher cities, and in particular on the Vetrikd hndings" fummPrited in the Washington Supreme Court's [Nahod Chum, Inc v. Scotrlc, 90 Wash. 2d 709,585 P. 2d 1U3 (1978)] opinion, in enacting its dult theater zoning ordinance. Ibe First Amendment docs not require a city, before enacting such an ordinance, to conduct pew studies or ptoducc evidence independent of that already generated by otbcr cities, so long w whatever evidence the city relics upon is reasonably believed to be relevant to problem that the city addrescs"' Thc La Angcler City Phdq Dcpanmcnt amduc!d a study of -nduy effects in 1977,~ to support r sjmcing otdinratc shah to tbe 1)etroit dispersal model. Since Garden Grove's ordinance follows the same model it may have been legally suf6cient for the City of Garden Grove to rely on tbe Las Angela because of its size, population structure, rul estate market, and other municipal Rmton, id., 475 U.S. 41 at 51-52 a See LA Stu& supra note . supra note 11. C~nsulturts~ Fd ~~porr - Page U associated with such businesses. Unlike the LA Swdy this analysis is more sophisticated in several respects. The LA Study examined the secondary effect of crime rates and their dotion with adult business by comparing the crime ntu of Hollywood area (which had a large concentration of adult busineyes during tbe period studied, November 1975 and December 1976) to the rest of the city.u This analysis did show there was an increase in both Part Is and Part IIZd crimes usocirttd with the HoUW am and its higher conctntntion of adult businesses in compuison to tbe rest of tbe city. While supporting the presence of secoadary effects, the anaw has several disadvantages for suppotting r dispersion reguhtion model in Garden Grove. Thc City of Garden Grwc is not wry simitr to Honyw#d, either in municipal character, or concentration and type of adult More Y~ea~~~intbc~~ndpvunknharrpatprrpundby the Lnr Angeltr City Policc DCp.rtment, rn I' qf* Muued liudnases on the P&pt&inrAr~#Lar~. a Pm 1 crha insLde banicide, aggravated asault, mbbay. balluy, hceay. 8Dd *hick tbcft Part II crimes include other assaults, fw and counterfeiting, embedemeat urdfr;mdadenpmpcy,~~ . . . ~hw~~linL,md ather miscehneom misdcmtrwor. Hollpod in 1969 bad 1 hard-core motcl, 2 bookstores, 7 theaters, and 1 masage parlor/scam join^ in 1975 had 3 Meore motels, 18 boolcstores, 29 theatres, and 38 massage parlorhum pints(tce LA Sw, Table VI, p. St). Garden Grove on the other hand only has seven booirJtore and adult video stores Consultants' Rmi Report - Pap 16 importantly, Garden Grove seeb to control adult businesses in tcnns of their location to schools, churches, and residences (200 feet) and in relation ta each other (1000 f~et).~ To substantiate the relation between these distances ad the secondary effects needed to justify the regulation, the analysis should demonstrate an association between the-secondary effects ad these distances. For exampie, if crime rates are higher witbin 1000 feet of an adult business than they are around other businesses, this demonstrates a stronger association betmen secondary effects and the regdation designed to ccmtrd them. While uru of a city that have higher concentrations of adult businesses may have higher crime rates &an other trey, this gives little support for regulation of rpecific dimxcs between adult business and otber land uses. businessmen and residential propcry men, and one to rcrltors, red estate appraisers and kaderr, to demmh the effects of adult Whik the quutiondes do ask tht respbndents crbout possible neptk e&cts,.tbcn wu no 5 -- a See Append*~ for the Garden Grove ordinrace. Consultants' Rnal Report Page 17 111. Crime In Carden Gmw, 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 11 crimes (2,828 sexual offenses, 5353 drug offenses, 5,651 akohol offenses, 972 weapous offenses, and 2,460 disorderly conduct Figure 1 lends pcrspcah to thuc numbers Pan I crimer, which .&e adiarnil thought m be the "most seriousm crimes, make up more than 85 pemnt of the total. Part 11 . crimes, which include many of the so-called RvictimIeum crimes, make up less than fifteen percent of the total. Another important difference between these two ategorics is tbat, whik Part I aim- always begin with a citizen comphinf Part II crimes may result from proactive policing. For this reason, Part II crimes rththship between the dirtn'butia of Part II airnu (especially Part II sex offeuscs) ad tk bations of adult.brwinma, we annot .draw a Mid ad relatiarbipfma,thishcb~ PartIaiaamqdte~nmaa. AsrhowinFifurr1,PartIaimuaakdivided~intaPemoaal ad Property atem Personal crimes (or crimes rpinrt tbe penolr) account for approximately twcnty petant of the Part I total. Sennty-eigbt percent of Pe~nal crimes are assaults; 18 percent are robberies, three perant arc rapes Figure 1 - Distribution of Crimes in Garden Grove, 1981-1990 Total Crime Part I Personal Part I1 Part I Prqmrty and slightly less than one percent are homicides. Property crimes (or crimes against property) account for approximately eighty pertent of tbe Part I totat Of these, 60 percent are thefts, 28 percent are burgiaries, and 12 percent arc auto thefts Although it is tempting to think of Property crimes as less serious than Personal crimes, we caution the reader to remember tbat cmy aime has a deadly potential. Every armed robbery is a potentiat homicide. Every theft. burglary, or auto theft could quickly turn into a deadly coaErontation. While subsequent analyses may distinguish among the seven nhnet &en, we do this for didactic puqwcs only. In our opinion, in pndc, any Part I crime poses a serious threat to public safety. Witb this cawu* we note that tbe mix of crimes in Garden Grow is wt SipSandy differcat thra kmixfuundirrodm~cib'ud~thesme period. This is also tnre of popubtiaa-adjusted crime ma. Relative to other W~~~i.cititr,GudcnGnrwbuatitheta~orWcrimemtl.* To illustrate this paint, Table 1 lists thc 1985 Put I crime rates for twenty-four representative cities. Guden Grave mdrs GghtIy above the median on hoaridde and auto thdt,mdrtis~ybelowtbtmcdi.naartpe.~.~~, =Tbe Garden Gmm PoliceDepubncntbtxgmid htocumm~~ however* and it is gene* believed tbat !his orgnitrtionrl stmclam cncoruyles pok-citizen interadon, iduding reprthg of crimes Other thing being equal, Guden Grove is cxpectcd to have 8 higber crime rate than 8 city whose police depament is structured dong more traditional tines. Consultants' FSml Report - Rge 18.1 ~ablel - Crimes per 100,000 Population for Cdilornis Cities, 1985 Anaheim Bakersfield Berkeley concond Ftemont Fresno Fullerton Ganien Gmve - Glendale Hayward Huntington Beach Idh Modesto Ontario Orange Oxlrard Pasadena Pomona Riverside San Benudiao Santa Am Stochon VC Torrance Source: Uniform Crime Reports, 1985 and theft. None of these rankings is significantly different than the median, of course, and furthermore, the rankings fluctuate slightly &om year to year. While Garden Grwe has an "average" crime rate relative to other .cities, however, like any other city, Garden Gmve has a range of "higlf 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. Crimc rates also wry widely over time. To ilfwtratc again, Figure 2 shows annual Pan I and Pan II mime totals far Garden Grrm over the decade of this study, 1981-1990." In some cases, auto.theft and assault. for example, crime appears to trend steadily upward. In other cases, particularly b9rgluy, crime appears to trend steadily downward. In all cases, hawtvcr, the trend is on& apparent hrvqycmsms,pcrtfrJrrnorherwhowarPrninadfc~Jdsrqpgw and obscure to be dhasd here, time series of crime totlb drift stochdcally to rise or fail qstenm- aver time. AI- this phmmmnon br been wideiy reported by rtrti&hs rince tht @ l!b it is not wdl 'O Si there arc crime turd (not aime rate), Fie 2 must be interpreted cautiously. Due to annmtia in-migration, out-migration, md pw& the population of Garden Grwe hu cbanged drunatially over the lut ten years. Annual Crime Trends Assault Auto Theit Annual Crime Trends Sex -1 Consultants' Frnrrl Report - Page 20 understood by popular media or the public. Nevertheley each of the seven Part I crime vends is consistent with a "random" process and, hence, each b amenable to a statistical anafysis. The fie Part U crime trends in conbaJt, are mt'at all consistent with a "random" process. To illustrate, note that total sex denses inacme (fram 320 to 480) by fifty percent &om 1987 to 1988 rsd then deer~c (from 480 to 232) by fifty percent from 1988 to 1989. Annual changes of this magnitude lie we11 beyond the bounds of ~ohal "random" variation. In fact, the anomalous 1988 total is due to a coacertcd enforcement effort by the Garden Grove Police Department Lacking complete information on Part II enforcement activities during the 1981-1990 decade, we cannot rttrr'bute changes in Put 11 crime rates to the opention of adult businesses. Althoogb we report e&cts for Putncrim~~in=bscq\ltnt.lu)vKs,dKao3)brrllyntidc&cbmfaPmI occurrence of Personal crimes peab oa weekends. Canvencly, Ropcrty crimes defined differently far Penanal and Property airnu, however. PenaMt crimes (upeddy anonyxnous robbery and assault committed .a* strangem) arc best Consultants' Rnal Report P8e 20.1 Figure 3 - Crimes Weekday in Garden Grove, 19814990 Consultants' Rml Report - Page 21 conducted under cwer of dirrkness, 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. Tbe opposite pattcm holds for Property crimes. These crimes, notably theft and bur* are most often committed when the offender is least likely to encounter any wim- In theory, tbe bcrt time to break into residence undetected is during the weekday daytime hours when most occupants are away from home. For our purposes, however, tbc wetkday pattcrrrs found in these data, as shown in Figure 3, are r simple cou&mation of the reliability of our data. ~aci~~~r~n~prh~w~tk-=~nm,hifar~cnrml-= and aU three Property crimes judes collapsing Part I crimis into two broad categories Herder, except where an e&cc or pmr. uu*; umr tk Part I uixna, cffectl and patterns will bt reported for PerwarS, Property, rod Put II crime ate@- X Consultants' Final Report - P3p 22 fV. mt impacted Area and the Pubiic Safety Hazard At present, seven adult-oriented businesses operate an Garden Grove Bouievard. The PM~ HMUC, located at 8751 Garden Grove Boukvard, was in operation on December 16, 1980, when the City of Garden Grove annexed this area. Two other adult businesses, the Bgog and the Wo Revim Rd Censer, located at 8745 and 8743 Garden Grwe Boulevard in the same building as the Party Howe, opened in Miircb, 1986 aad August, 1988 rcqedveJyry Given the proximity of these three businesses, their individual impacts on aime are confounded. Treating them as a single clurter of businesses, however, we fhd a significant increase in both Personal and Property crimes fo~owiog the opening of located at 8192 ~a'rden Grove Boukmd, are fu enaugh way fmn the 8700 block to rllow for an ascsment of indivi&al impact But since these businesses openediaFebnruyandM.y, 19%0,attbtwybegi~~ ofouraime&ta,dme n~odmpk~bencbmarkfar8tejb~tbg~~tkse~~ their operation. Tbe pat!ern of crime around these businesses is nevctthelus consistent with that bypath& At tbe otber end of Men Grave &mltvard, the Hip Pockn (12686) and the Garden of Edar (12061-5). wbicb opened in 1971 and 1977 respectively, pose the same problem. In March, 1983, hawever, the Gordcn of Eden expanded its operation &om one suite to thee. As in the case of the Paq House-Bijou-Vldro Rcvb Rend WCI complex on tbe other end of Garden Grove Boulevard, we find a signifbat rise in crime coincident with this expansion. The analyses supportkg thue findings will be presented shortly. Ia our opinion, these seven adult businesses constitute 8 serious and significant public safety hazard. One aspect of this hazard n apparent in Table 2 During the 1981-90 deadc, 610 Grrdcn Grove Borticvvd ddmses h.d one or more crimes?' The seven adult businus rddteuu rocounkd for 239 PC~ 694 Property, and 538 Part I1 crime, howewr, so tbe sewn &ct Ia than one time in one hundred, the implied differe~x between these seven crhnerism~aUy~~ ~he~dmlttmndo.mbersin~abk2~ r(ULk. Ihme numbers ten the rune nOry but from 8 dific'mnt penpectiue. As s'Of~~manGudenG~Boukvudrddrcrscrhrdno&~~ 1981- 90. Of tberc addresses with at kut one crime, more than S3 percent had ody one crime. Consuitants' Final Repon Page 23.1 Table 2 - Reported Crimes for Adult Businesses Garden Grove Boulevard Only, 1981-1990 Pem4md Ropcrry Pon I Pan XI N Rank N Ronk N Rank N Rank 8192 Garden Gtwe 16 19 190 5 206 5 160 1 8502 Garden Gmve 25 9. 93 13 118 11 52 7 0 ' 7192 7 217 8743 Garden Grove 4 31 8745 Garden Grwe 3 91 17 98 20 112 10 70 8751 Garden Grwe 12 29 116 7 128 9 94 5 12061 Garden Grwe 11 34 98 10 109 15 68 . 6 12686 Garden Grwe 6 57 173 6 179 6 150 2 8112 Garden Grave 8284 Gudca Grave 857SGudcnGmvle 8801 Garden Grove 8803 Guden Grove 12045 wen Giwe - 12082 -den Grove l2761 Garden Grwe 32889 Garden Grave ~nsu1tant.s' Rnal Report - hge 24 business addresse~, but this may be expected. Of course, one an argue that the relationship is noncausat or spurious; that these businesses simply mwtd into a neighborhood that happened to already have a high crime rate. We test and reject this bypotbesir in the n&! section. For now, we draw attentioa to the Bar/ravern addresses in Table 2. I£ the alternative hypothesis is tbat the Garden Grow Boulevard neighborhoods had high crime rates before the seven adult businesses moved in, we would expect to these acidtcsm to have high crime rates u =It (mom so given that alcohol is served at these addre-). Oa the contrary, however, we find that these addresses have - generally Iower crime rates thaz~ the adult business addresses. Whereas three of senn adult business addresses are in the top tea Part I crime "hot spots," ody two af nine barhmn addr- make the topten ikr I. Ibh sense, the seven adult business addresses on Garden Grovc Boulevard constitute serious, significant Colrarltants' Rml Ricpofl- 2S V. Quasi-Experimental Contrasts The address,-specific crime counts in Table 2 are compelling evidence of the public safety hazard powd by the adult businesses on GudenGrove Boulevard. Simple counts do not satisfy tbe criterion of scientific validity, bcrwever, far &ere are many nmcausal 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 chtngc proves statkblly dgnikant, validity requires further that the tune before-after change, nor be found in a suitable "control" area. OnIy after both criteria are satirfied cm we state in scientifically valid terms that an adult business poses 8 public safety hazard. operated coatinually for the past decade has laad m impact oa oar ability to location before md after .o adult business opens Although this is not literally poasibie, given the canttniots of time and data, there were three major expdoas - 0fahhbPriWEKIatlll~~glrnti~~d~d~~~ the picture of tbese busbases painted by Tabk 2 Tk -tri contrasts derived from thtv analyses an outlined in greater detail here. 1) In March, 1982, the Gmh expanded hn r single suite at 12061 Garden Grove Boul~rd into the adjoining suites at 12063 and 12065 Consultants' Rnrrl6Lport - P.p 26 Garden Grove Boulevard. The beforc/&er and test/control contrasts for this change are: One Yemt Before Om Year Altcr Ted Site 200' 500' lW* 200' JN' 1000' Personal Crimes 1142843 15 16 28 59 Ropcny Crimes 10 46 140 17 ' 58 167 342 Part I. Crimes 21 11 16 48 16 12 17 45 Control Site 200' 500' 1000' 2W' 500' 1000' Over the next year, Personal crimes within a 200-faot ndius roac signihtly compared to the preceding year.n Alro cocnpued to the preceding year, expansion on Put II mimes was mixed and largely insignificmt To control for the possibility tht tbese dhts we& due m rsmchted emanum vuiabkr, a "amtrot" site was developed from the mean crime &ants of tbe otber six adult businuser. While crime rooc in the vicinity of the Gcvdor e ofEdar, however, crime mined " Hereafter. unless stated othemisc, r rigdbnt effect will imply r probability of .O1 or les Consultants' Find Report e0 Page 27 2) In March, 1986, the Bijm opened at its present location, 8745 Garden Grove Boulevard. Since the Pany Houre had been operating at 8751 Garden Grove Boulevard prior to this time, the opening of Bijm was in effect an expansion. he beforehftcr and test/contrd contrasts for this cbangc are: One Year Beforr One Year Alter PUJ~ CXmcr 2 7 21 30 6 11 30 47 PTopcm Crimes 3 19 94 116 11 # 113 164 Part I? Crimtj 13 14 43 70 8 l3 42 63 Control Site 200' JOO' 1000' 200' 59' IW' Over the nut year, both Personal and ~bperty crimes rose significantly withia a SOefoot radius The effect on Part XI crimes was mixed and largely idLnifi;ant. Since no similar effect wu obserred at a "contraP site developed from the mean X crimewuntsoff#u~.dultb~fbL~~~attributedtO~ opening of the Bijm. Grwe Bouic~rd. Since tbe Pony Howr and B#m were already in opurtioa, this opening too is treated as an cxpansioa The befordafter and test/mtroI contrasts Comltants' Rml Report - P.gc 23 for this change are: Test Site Pmond Crimes Propcny Chu Pan II Crimu Control Site PersonaI Crimes Bopmy Crimes Pon II crimes Oac Year After 200' sm* 1000' In the fallowing year, Personal crime rose signXcantly within a 500-fa radius, . - Property crime rose significantly within r 200-foot radius, and Put I1 crimes rose significantSy within a t(1Ocfoot radius (which is to say, at the Porty House-Bijou- site developed from the mean aime counts of four other adult businesses. adult businesses are indeed r public safety hazard as the data presented in the predatory nature of tbe crimes dtcd with the haad, we ncmmwad thrt no new adult businesses be dlowcd to operate within 1000 feet of a 4enti.I area. Of course, virtually any increase in economic or &I activity might be expected to produce some increase in crime (though perhaps not so Iarge an increase as was observed in these thm ascs). When an increase in crime can be attributed to a specific economic or social activity, it is reasonable to expect the respomibk 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 instalied a blockade in the alley immediately to the west of the AdJr (8502 Garden Grwe Baulevud) to prevent "cruising." While-the blockade undoubtedly rccomplisbed this intended purpose, there was no significant effect on Personal, Property, or Par! Il crimes in the vicinity of the Add. 'Tbc beforelafter contrasts for this change arc: One Yar Wart Yar Alta Prnarol CXma 2 13 S -41 2 11 21 34 Ropeq Crimes 3-6789 691 Part I' Crimes I1 . U 16 40 li 34 . 11 25 70 aimciaitrvieiniy. si#xaa~~=wcb~rrrntrLcn~ 1981-1990, we umot spk with authority oa tbe likely eff- of thc various 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 tbe 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 Grow Boulevard, approximately 425 feet &om the A to 2. The befmdafter and Wcontd contrasts for this change we: Oae Ytrr Before One Year After Test Site 20Y)' 500' 1000' 2W 500' /clodb Pvs0na.t Crimes O112U 2' 8 3s 45 Ropmy Ches 9W 56 94 7 41 42 110 Patt I' Crime 42 713 2 91122 Contlpl Slte 200' 500' 1lW 2W SO' ICWIO' In the subsequent year, Pemnd crimt whhin 1000 kt rorc dp&antly. m~rimiLratchitcauni d&wuiattrlkdatthc~ta2(8192Gudcn Grove Boulevard) in May, 1990. We he buBcient data to measure the effect of this intervention, hawever. Consultants' Flnrl Repn - 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 fmm 8112 Garden Grove Boulevard (the b&) show no comparabk effect, the rise in Personal crime cannot be attributed to the bar done. 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 Baulcvar& approximately 1075 feet from the Hip Pock. The befo~e/afier and kst/controI coatruts for this change arc: One Year Befare One Yur Af?er Test Site 200' 300' IW 200' 500' 1000' Pets& Crimes 291324 2 13 9 26 ~Propary Crinrcs 4 IS 29 48 5 19 39 63 Pan I1 hclt 1322 8 43 0 26 S 111 Control Site 2UO' 560' 1000" 2tM' SW' .1o1Oob In the subse~ueat year, no sipikut chryc wu obmd either fn Pd or Property crime; sigdlancc not witbandiat the chp was in the dirdoa of what wrs expected Put Il cximes with 200 kt of the Kp P& row precipitously and significantly. No change was observtd at r "corrtror site. Xnfonnation from the Police Depattment 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 w new adult business be located witbin 1000 feet of a bar (ind wice -a). there is no evidence of interaction at distances exceeding 1000 feet. Coniultrnts' Rrrrl Report - Pap 33 YI. Suney of Rc41 Estate Rofusfonals Following the research model of the U Study, an analysis of real estate professionals was conducted to determine the prevailing profusioaal opinion of the secondary effects produced by presence of adult busin-" The questionnaire iasaument developed for this tasic distinguished between the effects on single-family residential property, multiple-hmily residential property and commercial property niues. In additiorr, 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 busincws within these distances. Nor only were the effects on property values determined but ah, cffccu on other hues that litigation in this area has found important such u aime, tdW, noise, sakg of wanen and chikbm, qdhy of life, rents, loitering, and tbe ability to attract other businesses and cutomen wen identified. In Januazy and February, 1991, copier of the iruaurnent were sent to the membership list of tbe West Orange County Assodation af Realtors. Of the totai 9Ss~rvlyr~oos30rarramnedrrithineomet~ 'Ih+~tWd sampk of 924 rtruhed in a ream of 141 canpkted qutrtionorirrr. Of these 141, See the Appendix for t copy of the questionnaire ~ert ad r compktc tabubtion of responses. 19 where eliminated beuuse of respoasc biasJ' l3e ha1 analysis is based on l22 valid responses." The overall sample was very experienced in real estate, with 126 of years experience on average. This group of real estate professioarIs was very knowiedgeable about Garden Grwe real estate, with a mean experience in Garden Grwe real estate of 10.1 years. The werwheiming majority of respondents (94.3%) ah said that tbcy had an opinion on the impact of adult businesses on the crrmmunity. The first set of items in our mwey elicited opinions pertaining to the impact on property values by adult businesses When adult businesses ire lacatcd within 200 feet of a residential or colnmercial property the overwhehhg opinion * Thratghout the qu domuire, various questioas were worded in either a negative or positive fadha 'Ihit is done to eliminate respondents that merely circle ' oncrcspanrc,rpCbas~agtc,to.11qu~ 'Lbc.mrmptitionisthata ~nboit~tbe~ina~kEuhioplafaJdnot -ugly agree with both a negative assessment of adult bwhmms and I podtiw lcutcment of ldtllt bdmses " Y?&givesr~trtedrP19UaI32%. ThirisroaMvhrtIauertbrn tber#pollxm~fortbcU~of%U400or20%@.%~H~r,~trrport makes no mention of conection for response biu If the 19 retumcd qucstkmdcs - tbat were eliminated for nsponsc bias bad ken included in ttrt mdysh, the response rate would have been 14lB24 or U.396. Decrease NO Effect /'crease Single-family 97.5% 23% 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 diminisha ooiy slightly: Singit-family 95.1% 4.9% 0.0% Multiple-family 925% 6.7% 0.8% Commercial 77.5% 20.0% 23% The difference between 200 and 500 feet is insignificant Othedsc, the strongest impact occurs for single-famihr 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 busineues are louted within 1000 feet of each other and within 200 to SO0 feet oL a property, values ut -d to . sind~-f-@ 893% 9.8% 0.8% Multipbfamily 86.8% 13% 0.8% Commercial 71.9% 273% 0.8% Density impacts are judged to be slightly smaller than the impacts of location pa Consultants' Final Rcpofi - Rge 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-£am& residential, multiple-family residential and commercial property. Clearly, these dab iadicate 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 am would result in increased crime, traffic, litter, loitering and noiJc; and decreased safety for women and children, quality of life, and rents. Specific mpmes were: Crime Tra& Litter Noire -ty Qdityoftife Rents wtcring When uked about problems in relation to ommerehl properties, tbe vast ni8jaiy of respondents blamed adult businesses for the same problems cited for residential Consultlntr' FiMi Report hge 37 properties and, ah, for decreases in quality of business environment, commercial rents, ability to attract new businesses, and ability of mu-adult businesses to attract customers. Specifically Crime Traffic Litter Noise Sa fey Business Environment Commercial Renu Loitering Attract Businuses Attract Customen 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 othcr and within 200 feet of a residential or canmercirl area. These findings arc consistent witb otbr studies addressing tk ocgativt impact associated witb the loution bf adult businesses" Closer .nrlyrir of 6 resporuepattemsrcvubthat~tswhofcltadultb~p~a dtereued property nlPes md iacreued crime. 'ihir is consistent witb our adysh * See for example tbe U Rrpcm. Consultants' -1 Rqorl- hgt 38 of the crime data. The data from this survey clearly indicates that real estate professionals feel that adult buinescr arc associated with decreased property values and decreased quality of neighborhd for both residential and commercial areas. Consultants' Find Report - Page 39 VIL Household Sumy Results The final component of this researcb project was a survey of Garden Grwe households to assess citizen perceptions of the hes. Toward this end, we first developed a questionnaire instrument based on instruments rued in prior research but modified to reflect the particular circumstances of Garden Grovc. After field- testing an early version of the instrument on r nndom sampie of Santa Ana telephone households in March and April, 1991, a refined ha1 version of the inttnrment was then administered to a stratified "random" sample of Garden - Grwe telephone households in the summer of 1991.~ To ensure that the sampk included bouschol& in the proximity of problem areas, tbe total sample of N-250 included 200 addrcsscs located within UOO fat of ra rdroh bofmers. We -01 therefore generalize our results to the larger popuhtion without applying a set of sample weights Pu it tuns out, however, tbt survey rcarltr are so aurty unanimous that there is no need for complicated statidcs InteNiewr wen conducted by Gardm Grove POW Department cadets, the wcrc~.od~nturdittwereu+rdtomahtriotbctclirbStyand validity of rcspoaxr By Labor Day, 1991, clch of the 2H) households in the " A copy of the final version of this insfrument and tabulated response frequencies arc found in the Appendix. Collsultanu' Fiml Report - Pap 40 sample had either been contacted (with a compfeted interview or a refusal) or mled out of the sample.'P The final breakdown of the sample by intenriew status is: Completed 118 47.2% 803% Refused 29 11.6%- 19.7% Language 20 8.0% No Answer 42 16.8% Invalid 4 1 16.4% Non-Englisb speaking hou~efiolds could not be interviewed and this is unfortunate. Ncnrthelcy the number of completed interviews (118) and tbe completion rate (803%) of this survey (803%) exceed tht 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 busin- Gewd pllcqpcidnr Mrh Roblan. The general public peraives the adult busin- on Garden Grove 8qJd as a reria probkm that has a red impact . . rC on daiiy life. Whik ~~ of tbc uaturc of this problem wry somcp~h& virtudiy eve- polled dtes these businesses with one or more negative "Phone number wen mkd out for any of three tcruoru: (1) the number was not located in Garden Grove; (2) the number was a buu or (3) no one at the number spoke English. Consultants' Final Brport - Page 41 aspects of urban life. Exceptions to this rule are rare and tbe intensity of the feeling is greatest in neighborhood nearer Garden Grwc BouIcvard. 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/l BIock 12 . 9.8% 6.9% 500 Feet12 Blocb 17 14.4% 4.9% 1000 Fee!/3+ Blocks 54 45.8% 65.1% Don't Knaw 35 29-75 ?be accuracy of these subjective estimates was checked by asking the respondent to name (or at leas, to dacni'be) the adult business nearest their home, In a subset of crry we wen also abk to meautre tbe distance d$ech)y. Fram these data, it is ckar that people are quite aware of how near or far away they live from these borinesses. We next asked respondents to uretl the impact that an adult eatcrtaiment businus louted in their neighbarhod wo$d iuve on seriu of "dl problems" 1mn~b0aska~d~~xningrftrttheimpKId.a adult entertainment business has, or would ham if if were Ioated within. SO0 feet of your neighborhood Piease ten me if the impact would be a substantial iamue, tome inmue, no effect, me demuc or a substantial decrease. Consultants' Rm1 Report - Page 42 Responses to this series of questions reveal a consistent perception of the impact of adult businesses on the pan of citizens, Broken down into three categories: crime Traffic Litter Noise Safety Quality of Life Property Values Rents Loitering Graffiti Vandalism Respondents were asked if they hew of any speciji1~ incidents related to adult entertainment businesses in their neighborhoods. Twenty-6ve respondents (21.4%) answered affirmatively, citing specific examples of the 11 general problem areas covered in the survey instnament Not suq+hply, moat of these rupoadents lived relatively near an adult bruinus. Fi, to muauc the depth Ot Glic rcntiprcot, reqodca vme asked whether they would movt if m adult entertainment business wcir to movc into their nei@w mpdent~ (612%) indiEtacd tba ("definitely" or "probably") mwt. Of the minority (38.8%) who indicated tbrt they would ("definitely" .or "probably") nor mow, nearly half qultified their uuwcn by explaining that financial considerations precluded a move for any reason. Ariirudes on Reg&. With an exception to be noted, the public believes that the City should regulate adult businesses. One bundred respondents (85.5%) believe tbat the City should regulate the location of adult businesses. Despite the apparent latsa faire implications of the minority opinioo, however, only one respondent (0.9%) believed that adult businesses should be allawed to operate in residential neighborhoods. Though perhaps disagreeing on the nature and extent of regu1ation then, even the most ardent apponcnts of nphtion 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 deptb of support for all types of regulation. Regulatory initiatives daigned t6 ptaect the hqrity a[ rraidcntirl life, for example, garner nearly unanhour support from every element of the community: Would you support a law that prohibited the establishment of an adult enteruinmeat budncrr within 500 feet of a ~kddeatirl uer, school or church?. e Sm8b sappQt 92 781)s 7&0% Support 13 11.096 11.0% EIen!raJ . 4 3.4% 3.4% Ow- 6 5.1% %I% S*mdY OPP= 3 7% 9% Regulatory initiatives designed to reduce the density of adult businesses, on the Consuftants' 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 Would you support a law that prohibited tbe concentration of adult entertainment businesses within 1000 feet of each other? Strongly Support 52 44.1 44.4 SUPPO~~ 21 17.8 17.9 Neutral 16 U.6 0.7 @PO== 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 %% e- reguiations do so because they oppose any initiative short of prohibition. Group D~~. Due to the cwtrarbchning degree of rapport for almost any regulatory initiative and, also, due to the rehtivety smd ompk size, few group differences are statistidy si-t Home awaenhip and gender arc .. exceptions In gene* home ownen are more likely than renten and women arc more likely than men to endorse any regufhq initiative. These differences art expccrcd,danme,htrcucfnlcrrmimticmofr#ponrep.acrmhvetba curious difference. When asked whctber tbe Ciq &odd regdate tbe bcatioos of adult btuinc- for example, home awnen md women rIiLc cxprw mger . support for regulation than their complementaxy groups. Spdkayl, Consultants' final Report - Page 45 Own Renf Women Men Both differences (owners w. renters and women w. men) are statistically significant This common factor helps define the mall minority (14.5%) of respondents who feel that the City should not regulate adult businesses at all." Asked if they would mavt if an adult bwirreu were to open in their neighborhood, on the other hand, home men .and women diverge slightly: Mow Yes Move No While home ownen are more likely (w. renters) a sag that tky would move out of their neighborhoods to avoid an adult bwincy the difference is not ~trtirticllly significant In contrast, the difference for hen (w. men) is quite sigihnt 15 'O Rcspoudena who expmsed ttrc qMoa that the City sbaakl sot whte athalt businesses &ad to be younger (763% under 45) men (64.7%) who reat (58.8%). More important, perhaps, the mpadats tend to livc nktivcly hr may from adult busin~~63%atleut~b~rry)+ad~oliur!m~~ho children (70.6%). Seven1 of these respondents dunteed that thy were Ir%ertari.nrW Of coune, many of the respondents who initially told us that they opposed any regulation later expressed the opinion tbrt adult buisnases shauld not be allowed to locate near residential neighbarboak Consultants' Fid Report - Page 46 This divergence reflects a salient difference in the way borne owners and women calculate costs and benefits. fn the unstructured portions of tbe interviews, many home owners expressed feelings of resignation. One &pandent who had lived in the vicinity of an adult business for more than thirty yean, for example, told us that the social and economic costs of moving to another neighborhood precluded this option; and in any event. thkre would no guarantee that adult businesses would not eventually move into tbe new neighborhood. On the other hand, many women rcspondcnts exprutcd wenvhcknins feu 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 bad been harassed by a man who she believed was a customer of an adult business. Although ber new apawent was smaller and more expensive, she t;clicotd tftat the maw was absolutely aectsjay for the safety of ber children. Anecdotal data of this sort are not amenable to statjrtial rnnaljmis. Newrthekrr, tbese data we a context for interpreting the objective item responses of our survey. Consultants' Find Report - Pqe 47 VTII. Conclusions The data and analyses reported in tbb document make a clear, compeI1ing statement about the secondary consequences of the adult entertainment businesses along Garden Grove Bcnilevard. In tern of property values alone, the survey of real estate professionals leads to the unambiguous conclusion that tbe mere presence of tbese businesses depresses residential and commercial property values. While the e&ct on commerciai property dues is problematic, the on residential property values argues for sbia regulations gwerning the distrnce of adult businesses from residential neighborboodi In commercial zanu, moreover, the consistent opinions of real estate professionals suggest that bigb density also the disbnces between adult businesses. AseparatesanydGudeaGrwe~bddrisfaIlycoaristtntwithtbe responses of real estate prdetsioartr. Put simply, these buriaertu have a real e impact cm the daily hs of tbeir neighbors. By aII measures, respondents living Whereas public hearhp might lead one to ~olyhrdt th.t .ctud incidents involving these businesses are nrc, our survey results sbow the oppobite; mom rhan ovrc in Codtants' RNI Report - 48 businesses. This experience leads to strong public support for regulation. Nine a€ ten respondents endone regulations that prohibit adult businesses from operating near residential neighborhoods; nearly two-thirds endorse regulations that probibit the geographical concentration of adult businesses. Although these two surveys may represent subjectin opinion, their results are consistent with objective analyses of crime data. Comparing temporal crime rates before and aftcr changes in the operation of adult business, we find strong evidcncr of a public safety bsiar& The subjective hprdoas of Gdeo Grove residents and real estate profeuionah have an empirical basis, in other wad Given the seriousness nature of this public safety hazard, we recommend that ko ntw adult bwinesses shbuld & aUd ro opciiue rclirhin 1000 fca of a ICT~~KZ We find a significant interaction effect between the adult busiatsr# sad taverns or bars. When m adult business apeus within. 1000 feet of a tavern or bar, crime rates rise by a fictor' tbrt annot be attriiuted to either b.psbcu alone. G Accordin&, we ttEommcod that Since tbe adult businesses on Garden Grove Boukvud (or more pnciteiy, their bcd~~) were in operation prior to tbe advent of our data, we hd no optimum Consultants' Final Report - Page 49 or ideal distance between locations that would ameliorate the public safety hazard. Accordingly, we recommend that ntcpram spczcing code btn crdrtlr buskucs sM be m4aimahd Recognizing the legal and practical difticuities of changing the existiag operations, furthennore, we have no recommendations for tbe existing operatioas. Although we find no evidence tbat the public safety luzard caa be unehted by simple arhilocrunl bamen' (wails, eg.), cbe hmrd could eoaambiy be mmimbrd by regulatioas such as limiting the boun of opention, rpecirl lighting, ad so forth. . - - Toward this end, we recommend that Whcrc jemibIc, tht Conditional Use Prnnir poertj sW lx uJad w am~evIIK~suficryhazmt Fa~~the~ Department must k fe indvui in cvcry spua of rhijpoccss. There is a tedmq @.view adult cntmaimcnt bubesm as %mid mimuxs'' when, in fact, the dam show th.t they ue pub& safety "hot spots'' Adopting this view, it may be useful to enact policies dta'ped to ensure tbe dety of eusmners andneighbors ~Garden~PoiiceDcp~isidcrDy~ta~ on thc range of* options that migb be impkzacrrtrd A fi~l hcammendttim pertains to public ~~cnt ia tin prrraa. The results of our household rumy reveal strong sentiments fa* my attempt to meliorate the secoadaq coasequenccs of thir problem. Nevertheless, we detect r C6nsultlnts9 nml Rtpoa? - Page SO 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 distanct from a residential neighborhood) reflects in pan a draconian view of the problem; more than a few of the respondents who expressed littie or no support for this regulation did so on tbe grounds that !be businesses sbouId not be allowed to operate mywhere in the City. It would not be entirely correct to attribute this view to mom1 or muralistic attitudes. in many cues, respondents related persona1 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 Frcqueaeiu ~ksehold Sunny Frequencies Real Estate Instnxment Real Estate Prolessionals Survey Response Tabuta tions Based on your personal abservatioas as a real estate professional, or on information received though the practice of yoat profession. do you have an opinion as to whether the presence of an adult bookstore affects the resale or rental values of nearby properties? ycs No Missing How many years have you practiced in the real estate profession? 5 Years or Less 6-10 Yean 11-25 Yean 23 Yean or More How many years have you practiced real estate in the Garden Grove area? 5 Years or Less 6-10 Ye.an 11-25 Yean tSYc&rsorMote ' Missing Based oa your profdod following types of property to adult bookstore? experience. haw Muld you arpect nnnge MIU~ of the be effected if they are less than ZOO feet .my &om tbe new Consultants' Him1 Repart - A2 ... Multiple-iamily residential 20% Decrease 10-20s Decrease 0110% Decrease No Effect Missing ... Commercial 20% Decrease 10-20% Decrease 0-101 Dec~eiBe No Effect 0-10s ib~ncna~ 20% lnercase Missing How would you expect the average value to be affected if tbe properties are within 200 to 500 feet of the new adult bookstore? ... Single-family residential 20% Decrease 16.2096 I)ccnuc 0-10% kcwe No Effect . Missing Consultants' Final Report - A3 ... Commercial 20% Decrease 10-208 Decrease 0-10% Decrease No Effect 0- 10% Increase 10-2096 Increase Missing Assume that a new adult bookstore will be located within 1000 feet of an existing adult bookstore or other adult entertainment use. Based upon your professional experience, how would you expect the average values of the following types of properties to be affected if they are less than 200 feet away from the new bookstore? ... Single-family residential . 20% Decrease 10-2096 Decrease 0-10s Decrease No Effect 0-1055 Increase ... Multiple-family residential U)4bDcmase lo-20% i)carrrc &lo% Decrease No Effect 10-2096 Increase MiYing Consultants' Final Report - A4 Haw would you expect tbe avenge values to be affected if the properties are within 200 to 500 feet of the adult bookstore? ... Single-family residential 20% Decrease 10-2096 Decrease 0-10% Decrease No Effect &lo% Increase Missing .-.Multiple-family residential 20% Decrease 10-20% Decrease &lo% Denease No Effect 0110% Increase Missing Based upon your profd03U1 experience, bcmfwould you mlwtt thc impact of locating m adult boohare dthi~ 200 kt of an area on tbe folkin8 problems, if the area is reSi&ntW Substantial Incteuc Some Increase No Effect Some Decrease Missing Consultants' Final Report - A5 ... Traffic Substantial Increase Some Increase No Effect Somc Decrease Substantial Decrease Missing ... Litter Substantial lncrease Somc Increase No Effect Some Decrease Substantial Decrease Missing ... Noise Substantial Increase Some Increase No Effect Some Decrease Submatid lkcreut Mising ~0brti;ltirl lrPaurc Some Increase No Eftect .sane Dccruse Substantial Decrease Missing ... Quality of life Substantial Increase 14 ' 11.5 12.3 Some Increase 7 5.7 6.1 NO Effect 7 5.7 6. i Some Decrease 39 - 320 34.2 Substantial Decrease 47 38.5 41.2 Missing 8 6.6 ... Rents Substantial Incteasc Some Increase No Effect Some Decrease Substantial Decrease Missing ... Loitering Substantial Inaasc Some Increase No Effect Some Decrease Substantial Decrease Missing Bad upon your prafdd expcrie~ lov would you evaluate the hpac! of locating an adult bookstore within 2fM feet of m arm oa the fdawin~ pbkmr, if ttre area is cammetcirl? .% Consuitants' Rnaf Report - A7 ... Traffic Substantial Increase Some Increase No Effect Some Decrease Substantial Decrease Missing ... Litter Substantial Increase Some Increase No Effect 'Substantial Decrease Mirsing ... Noise Substantial Increase Some Increase No Effect Some Decrease Substantial Decmsc Missing SubstantiaE Increase Some Increase No Effect some mcrcue subttm!id keue Miwing . Substantial famast Some Iucrease No Effect Some Decrease SubstantiaI Decrease Missing Consultants' Rnal 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 58 475 54.2 Substantial Decrease - 23 18.9 21.5 Missing 15 12.3 ... Loitering Substantial Increase 4 1 33.6 36.3 Some Increase 46 37.7 40.7 No Effect 9 7.4 8.0 SomcDecr~ 11 9.0 9.7 Substantial Demue 6 4.9 53 Missing 9 7.4 . . ... Ability to attract new businesses Substantial Increase Some Increase No Effect Some Decttut Substantial Decrease Missing Substantial lacrease 6 4.9 53 Same IactuJc 4 33 3.5 No Effect 8 = ' 6.6 7.0 Same - 37 30.3 323 SubrPati.l I)ecrrue 59 48.4 51.8 Missiig 8 6.6 Based on your profedonal c~lperiemcc, haw would you evaluate the impact of lmti~g two or more boo&orelr witbin 1000 feet of crch other and within 2.00 feet af an area on the following problems if the rrci is residential? Consultants' Final Report - A9 ... Crime Substantial Increase Some Increase No Effect Substantial Decrease Missing ... 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 Mising . 3 23 ... Litter Substantial Increase Some Increase NO Effea Substantial Decrease Missing ... Noise Substantid Increase Some increase No Effea Somc Decrease Substantial Decreae* . Mssiag SabshawI;DEmue Soare tbn#re No Effcct Same I)cmrse Substantial Decrease Wag Consultzints' Rnal Report - A10 Substantial Increase Some Lncrease No Effect Some Decrease Substantial Decrease Missing ... Rents Substantial Increase 5 4.1 4.4 Some Increase 5 4.1 4.4 No Effect 7 5.7 6.1 Some DeacaK 45 36.9 393 Substantial Decrease 52 426 45.6 Missing 8 6.6 ... Loitering Substantial Increase Same Increase No Effect Some Decrease Substantial Decrease Missing Based on your profera'o~l experience, how would pu wrlurte the imp&! of louting two or more bookstores within 1000 feet of each other and within 200 feet of ro uea on the foUowing problems if the u# is camewirl? e . subsantid loaurc 53 13.4 142 wc - 59 4a.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 9.8 103 sane Decnasc 1 -8 -9 Substantial Dccrux 1 J -9 Missing 5 . 4.1 ... Noise Substantial Increase Some Increase No Effect SubszaatioI Decrruc Missing ... Safety Substantial Inamsc 17 13.9 14.3 Same locruse . 8 6.6 6.7 No Effect .+ 12 : 9.8 10.1 Same Decrrasc 38 31.1 31.9 Subs!antirt Dccnur 44 36.1 37.0 - 3 2.5 ...Quality 04 businm environment Substantial haease Some Xoctease No Effect Some Decrease Substantial Decrease -g Consultants' Final Rtpan - A12 ... Commercial rents Substantial Increase 6 4.9 Some Increase 9 7.4 No Effect 13 10.7 Some Decrease 39 32.0 Substantial Decrease 44 36.1 Missing I1 9.0 ... Loitering Substantial Increase 49 40.2 Some Increase 45 36.9 No Effect 5 4.1 Some Decrease 8 6.6 Substantial Decrease 8 6.6 Missing 7 5.7 ... Ability to attract new businesses Substantial Increase Some Increase No Effect Some Dccxwsc Substantial Decrease Missing ... Ability to attract cancxnen Substantial Inc~easc 7 3.7 5.9 Some Incttue 3 2.5 25 No Effect 10 - 82 83 SameDccteur 38 31.1 32.2 subsanti.lDtaurc 60 492 50.8 Missing 4 33 Would you mind ifw oaaractcdyum in *future ~yoar~both~~~ quutions? No Yes Missing Consultants' Rnal Report - A13 Household Sunty Response Tabuiatlons To the best of your knowiege, how close is the nearest adult bookstore or adult entertainment establishment? 200 Feet 500 Feet 1000 Feet 1 Block 2 Blocks 3+ Blocks Don't Know I am going to ask a series of questions concerning what the impact of an adult eotereaimnem business has or wuuid have if it were lasted vithin MO feet of your neighborhood Please tm me if the impact would be a substantial increase, me increase, no effect some decrease, or a substantial decrease. ... Crime Substantial Increase Some lactease No Effect Sane Xkmse Substantial Decrease Substantial hacase Samchcrase No E&ct Some Decrease Substantial Dcctcue Mirriry Substantial Inncuc Some hacase No Effect Some Decrease Substantial Decrease . Missing Consultants' Flnal Report - A14 ... Noise Substantial Increase Some Increase No Effect Some Decrease Substantial. Decrease Missing ... Safety Substantial Increase Some Increase No meet Some Denuse Substantial Decrease Missing ... General Quality of Life Substantial hmase Some Increase No Effect Some Decrease Substantial Decrease Missing Substantial Increase ' . Some brmse No UIect SomcDcch+rc Substantial Dccrtue Mitdnll ~onsultantl;' Final Report - A15 ... Rents Substantial Increase Some lncreue No Effect Some Decrease Substantial Decrease Missing ... Loitering Substantial Increase 68 57.6 38.1 Some Increase 19 16.1 16.2 No Effect 26 22.0 22.2 Some Decrease 3 23 2.6 Substantial Decrease 1 .8 .9 Missing 1 .8 ... Graffiti Substantial Increase 44 37.3 Some Increase 21 17.8 No Effect. 48 40.7 Same Decrease 2 1.7 Substantid Decrease Missing 3 23 ' Substantial lncrease 53 44.9 45.7 Sonre Increase 23 193 19.8 No Eficct 38 322 328 Some D+crcuc 2 l.7 L7 Substantial Dazeax Mising 2 1.7 Would you move if an adult cntcminment brrsincs were Id near ycmr neighburhood? Definitely Mwe Probably Move Probably not Move Definitely not Mwc Missing Consultants' Final Report - A16 Do you believe tbe City should regulate the location of adult businesses? No Yes Missing The courts havc ruled that cities must provide a place for adult businesses to operate. Hou- far away from your neighborbood would these businesses have to be to have a negligible effect on your neighborhood? 500 Feet 1000 Feet 1 Block 3+ Blocks Farther Missing In what zone do you think these types of business should be allowed? Residential 1 .I3 .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 :tabiishmeat of an adult entertainment business within 500 feet at r residential ma, -361 or church? StrongIy Support 92 78.0 78.0 . Suppart 13 11.0 11.0 Neutnl 4 3.4 3.4 %"== " 6 ' 5.1 5.1 she opporc 3 u 3T Would you slrppart r law that prohibited the amcenaaticm uf adult minmcnt bluioc.u. witbin 1000 feet of uch other? Strondy support support Neutral oppore Stroasb Missing Gmsultants' Final Report - A17 Are you aware of any specific incidents related to adult entertainment businesses in your neighborhood? No Yes Missing Do you own your home or do you rent? Ormcr Renter Missing How long have you lived at your current residence? One Year or Less Four Years or Less Ten Yean or Leu More than Ten Yean Missing What is your sex? Fde Male Missing Wbat is your age? Consultants' Rnal Report - A18 What is your highest level of education? Grade School High School Some College College Degree Graduate Missing How many children do you currently have living with you under the age of eighteen? None 1-2 3 or More Missing Haw would you characterize your ethaicity? Caucasian Hispanic Vietnamese Oriental Black Otbcr Missing Would you like to be notified of any public hearings relrted to the restriction of adult entertainment basincssu in Garden Grove? Yes No CITY OF GARDEN GROVE ADULT BUSINESS SURVEY CALL SHEETS CASE ID: Phone number: Address: Interviewer date the outcome ttnrddak of callback - Hello, my name ir . I rm .o clmpiop witfi the City of Gaden Grove. LV We are conducting a a-ey &Garden Grove rsmdentr Lo gather information on the impact of certain busbem, euch tw adult bookrtorea, nude or topltsr dancing estab- iishmeats, massage park, adult theatem showing X-rated movies, peep shows, etc. on your residentid ana The City is conducting this stvvey in order to properly de- velop legislation in this area. Your resporws are greatly appredatcd and will be kept confidential. (Need to confinn that the respondent is o nspodingfrom o rrsidrncc and not a busi- ness. If responding from u bruinrss discontinue the interview..) 1. To the best of your knowledge, how doat ia the nearest adult bookstore or adult , entertainment estabiishment? 3 200 feet 7 H)Oftct 3 looofnt 7 Don't how 0 1 block P 2bhks O 3+ btocb 2 Which adult enkrkbment utdWment ir it? (hmpt m~nt i&nti&iw inlbrmotian, ir the WMU name* or h- tion, ot geneml ic2cnti-n) bJ 6. The court, have dd that atiea mwt provide a phce for adult bushama b oper- ate. How fU away frOm your neighborhood would them businesws have to be to have a negligible effcct on your neighborhood? 3 Lss than SO0 feet CI 1bIock 3 300 feet O 2 blocks 2 1OOO feet 0 3+blocks 7. In what zone do you think these types ofbusinesaes should.be allowed? 3 Residential 3 Commcrrirl 8. Would you support a law that prohibited the establishment of an adult entertain- ment business with 500 feet of a residential &a, school or church? 3 Sabngly suppon a Supn 3 Neutral 3 Oppose S-~Y oppose 9. Would you support a law that prohibited the concentration of adult entertainment burineu within loo0 of& oh? Q S-lly e 1O.h you ofmy inridwrt, mhbd to adult m-t btuinemes in yorpn- 0 No 0 Own CI Rta! =- la. Would you like to be notified of any public hearings related to the restriction of -%!P= adult anteruinment busineaaes in Garden Grow? 3 Yes 3 No ~f yes. confirm name and * Tkm& you fa your assistance in responding to our pucrtions. (if rhey inrirt on a number of someone to contact &US tk SIUV~ give them the Cizy Manager's ome number 714-741-5101) REAL ESTATE PROFESSIONAL SURVEY Please com~lete thfs brief Survey and rrturn it to the City of Garden Grave, City Wnager's Office, by hrch 1. 1991. A postlgt paid envelope is enclosed for your convenience. 1. Based upon your pttsonal observatfons as a real estate ptofesslonal, Or on infomation mccivca througn the practice of your profession. do you have m opinion as to whether the presence of m adult bookstore affects the resale or rental values of nearby prooertles? Yes Uo opinion 2. HOW uny yors hrve you prrctlced in the real estrte profession? 3. Hau mny yean have you practiced real estate In the Clrdtn Crow area? Ouestlons 4 throuqh 15: Please mad the followfng Cnforsatfon about r hypothetfcrl ~wlghborhood ad respond to a feu questions In term of your professio~l experience and judgacnt. A riddle-incow resldentfrl mlghborhood borders a wfn s'tmt that contrlns vrrious coancrclrl uses that $em the neighborhood. Although most of the ~lghborhaod is canprlsed of single-fmtly haws, them are t*o rruttfple-frrr(1y rrsId.ntir1 corpleus in the mighborhoob u -11. A carrcirl bullding r#.mly ks kcom vuant and wlll awn s~rtly rs a ty~icrl rdutt bootstom. (A 'typicalm rdut t boatstsf8 In CIrden Cmve also contrins several 'peep show" boOfhS.) Tncrt are clo other adult bookstans ar simflrt actlvitfes In Uw area. Them is no other vacant camerclrl space presently rvailablr in thc area. lased upon your profrssionrl experience. ha rould you expect rwtrge values of tM following Qpcs of property to be affected ff they re less man 200 feet may fror the new rdutt bookstore? (Clrclc the appropriate nmcr lo+ each type of proprrtr.1 Decrrrse Decrrrsc kcmare luo Incnrse Increase Increase 202 10-20s 0-101 fffut 0-102 10-20s 2e Ha would you expect the average ua1m to k.rffut8d if the ptoprrtlrs am ufWn to $00 fat of th. non alt boaksm-e? Assum that the cm 86Tt bdstor, dT7 k tocrtd wfthfn 1- hrt of 8.n uitflmg rbtt baolrrbor, or 0M.r adul t mt.rtrirrrnt use. kt04 a~on yow profess iorul expedwm. h# -16 pu exprct the mntrge values of th. follarlng typm af pm@ert1os to k .IfUte& lf an less than 200 foot my tror the rwnr ~~? - + e expect the average values to be affute4 If the proprrfies are within 200 to 500 feet of rdul t bookstore? 13. Stngle-faaily rcsldentlat 1 2 3 4 5 6 7 14. Mu1 tiple-family residentfa1 1 2 3 4 5 6 7 IS. Coar#+cirl 1 2 3 4- 5 6 7 Based upan your pmfcssfonal experience, hou mould pu waturtc the impact of locatfng rn adult bootstg~e uithfn 200 feet of an arm on the fo~lowing: 16. If the area is residentirl: crime trrfffc 1 f tter not se safety of woun md chfldnn general qurllty of 1 f fe rents lofterfng 17. If the area if c~nn~r~ial: 8. C+~W b. trafffc c. lltter d. noise e- safety of ravn and cM 1 dm f. ganoral qua1 lty d thr kslmss mrirorsm g. mnts h. lolterfng I. . rbll f ty to rttnct other mu buslmsus J. abfl lty of other businesses to 4tt-t cum OU~SHOIM 18 and 19: 8rsrd on your pr0f*s~4ml up~rll.nc(l, haw -Id yo^ W81~8U th f#ct of 10atIng t*o O? adult bookrmm dthln 1000 faat of each 0th and dthln 200 foet of m area on tRe f011oufng: 19. lf the area is COmnC*~idl: "6 *r b* Substantial Sow No Some Substantial Increase Increase Effect Oecmrse Dccrersc a. crfnrt 1 2 3 4 5 b. traffic I 2 3 4 5 c. lftter 1 : 2 3 4 5 d- nolsc 1 2 3 d 5 e. safety of romen and cht laten 1 2 3 a S f. general quality of the business environment I 2 3 4 S g. rtnts 1 2 3 4 5 h. loiterfng 1 2 3 4 5 1. ability to attract other ~US~MSSCS 1 2. 3 4 5 j. abfllty of other businessts to attract customen 1 2 3 4 5 .. ' 20. In general. to what degree do you feel adult enteftalmcnt busfnesses affect property values? 21. Why do you feel thl s way? 22. OPTlOMAL: M#, Maw of Flm, and Address -14 you mi^ it - conlrctld you In tlw tutum'iryrd~ng your msponres to thu runey qurstlonsl thank you rprln for your asslst8~1 rfth this survey. SECTION 9.1.1.05 OffIWITfONS A. PURPOSE The purpose of this Section is to promote consistency and - preclslon in the application and fnterpretation of this Chapter. The meaning of words and phrases defined in this Section shall apply throughout t9is Chapter, except where the context or usage of such words and phrases clearly indicates a different meaning fntended in that specific case. 0. GENERAL INTERPRETAT IOtl The fa1 lowing general i nterpretatians shal I apply througnout tnr s Sect1 on: 1. The word "shall" is mandatory and not discretionary. The word "may" is pemi ssi ve and di scretf onary. 2. In case of any confl ict 'or difference in meaning betwen the text of any definitions and any illustration or sketch, the text shall control. - 3. Any references in the masculfne or feminine genders are i nterchangeabl e. 4. Uords in the present and future tenses a- interchangeable and wrds in the singular and plural tenses are interchangeable, unless the context clearly indicates otherwise. 5. In case a definition is not llsted in this Sutjon, the most current Xebstcr Collegiate Dictionary shall be referred to for fnterpretation. 6. In the event of a conflict between the definitions stction and the tenaindcr of Title IX, the Title IX provision shall prevail. C, OEFINITTONS Unless othtrnise spulflcal1y pmviderl, the wrds and phrases used In the Chapter shall have the fo1lodng meanfngs: 1 A ACCESSORY BUllDIUGS AND STRUCTURES (WOW-RESIDENTIAL 1 : A buf ldi ng , part - of i bul ldlng, or stmcturc. that 1s lncidental or subordinate to the main building or use on the same lot, whfch rcccssoy use does not alter the ' principal use of such lot or building. If an accessory bufldfng is attached to the mfn bulldf ng ef ther by a comaon wall or if the roof of the accessory buildfng is a continuation of the roof of the aafn buildfng, i the accesso y building will b@ consi~ered a part of the maln building. 1 ACCESSORY LIYfUG QUARTERS : Lf uing qua rttri wi thin an rccesso y bud 1 di ng 1 that Is ancillay and subordfnatt to a prlnclpal dwelling unit, tocattd on the Sine lot, for the sole use of persons employed on the pmlses or for temporary use by guests of the occupants. Such qurtttrs art txprerrly p~o;ohfbf tad from contrfnfng ttftchen facflftfes or any other area used for I the daily preparation of food. I ADULT ENTERTAIUFCENf BUSINESSES: Adul t entertainment businesses shall be deflnea as f011ows: Adult gook Store means an establishent having as a substantiai or significant portion of its stock in trade, books, magazines, other p?riodicals, prerecorded motion picture film or videotape whether contained on an open reel or in cassette fonn, and other materials that are distinguished or characterized by their emphasf s on matter depicting, describing, or relating to specified sexual activities or specified anatarnica1 areas or an tstab1is)mcnt with a segment or section devoted to the sale, display, or vieuing of such material s. 2. Adult Motion Picture Theater means an enclosed building with a capacity of fifty (>PI or more persons used for presenting material distinguished or characterized by the4 r emphasis- on matte; depicting, describing or relating to specffied sexual activities or specified anatomical areas for observation by patrons therein. 3. Adult Mfd Mation Picture Theater means an enclosed building uith a . capacity far less than fifty 1591 persons used for presenting materials distinguished or characterf zed by an emphasis on matter depicting or relatl ng to sped f led sexual actf vi ti es or speci f i ed anatomical anas for obsenrtion by patrons therein. 4. Adult Hotel or Motel means a hotel or motel wkre material is presented that is distinguished or characterf xed by an emphasis an matter depicting, describing or relating to specified sexual activities or specified anatomical areas. 5. Adult Yotion Picture Arcade means any estab1is)rment required to oStain a permit under Lhapter 5.60 of the Qrden Grove Municipal Code or any other place to which the publlc f s pemitted or invited . wherein coin, token, or slug-operated or electronically, electrically or mechanically control led sti 11 or motfon picturr nachf nes, projectors or other fmge-producing devices are mi nta i ned to show images t9 f ive or fmcr persons per machine at any one time, and where the images so displayed are distingufshed or characterized by an hasi is an dgfctfng or describing s?ulfied sexual activities or speciff ed anatomical areas. 6. Cabam means a nightclub, theater or other establishnent that fclfuns llve perfomnccs by topless and bottomless dancers, "go-go" dancers, exotic dancers, strdpptrs, or simiPar entcrtaf ners, where ' such perfomncts are dl sti ngui shed or chrracteri zed by an emphasi s on speciffed sexual rctl vi tier or specf ff ed anataaical areas. 7. Escort Bureau and Introductory Servlces mans any establ i shnt reqiired to obtain a perult pursuant to Chapter 5.55 qf the itunfcfpal Code. 8. f-taSsii31~ Parlor or aath House Mans any establishment requirsd to obtain a pemit psrsuant to Chapter 5.12 of the Garden Grave !:~~icf?al Code where, f~r any fom of consideration or grat~ft:~, massage, alcohol rub, admini stration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of tr;~ human body occurs. 9. Model Studio means any bus1 ness 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 simi 1 arly depicted by persons paying such consideration or gratuity. 10. Sexual f ncounter Center means any busfness, agency or person who, for ,any fon 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 puTpoSt of engaging in specified sexual activities or ex?osing specified anatomical areas. 11. Any other business or establishment that offers its patrons services, products, or entertai.rlment ~haracterizcd by an emphasis on matter depicting, describing or relating to specified sexual activities or speci f fed anatomical areas. 12. For purposes of the above definitions, "emphasis on matter depicting, describing or relating to specified sexual actt vities or speci fled anatomical areas" is found to be f n existence when one or more of the follouing conditions exist: a. The area devoted to merchandise depicting, describing or re1 ating to specified sexual acti vi tles or specffied anatomical - areas exceeds more than 15 percent of the total display or floor space area open to the pub'lic or is not screened and controlled by 5mpl oyees. b. One of the prlma y purposes of the business or establ i shuent f s to operate as. an rdul t entertat mnt estab1fs)mcnt as evidenced by the name, signage, advertisfng or other publlc promotion utilized by said establistnnent. c. r)nc of .the primary purposes of the busfness or establ 4 stnuent 1 s to operate as an rdul t cntertai mnt establ isbnt as denonstrated by its services, products or entertainment constl tuting a regular and substantial portion of tatal business operations and/or a regular and substantial pottion of total revenues recti ved ; where such serv4ces, products or enttrtainwnt are characterized by an cnrphrsf s on utter depf cti ng, descri bf ng or trlating to specified sexual act1 vf ties *or specified anatomical areas. For purports of this Section, "regular and substantial portfon" is defined to #an greater tha!, fifteen (1 5) percent of tat81 apcra%ions at nvtnuas ruei ved. d. Certain types of "adult merchandise" art dlsplaycd or mrchandf sed. For purposes of thf s Section, "adult metchandi sew means adult, sexgal ly oriented implements and paraphcraal i a, sue* as, but not limitsd t3: dildo, auto suck, sexually oriented vibrators, edible underwear, benwa bat 1 s, infl ata3l e orifices, anatomical bai loons vi th orifices, simulated and battery operated vaginas, and similar sexually oriented devices. AGRICULTURAL CROPS: The use of property far the growth and harvest of agricultural crops, including the display or Sale of seasonal agricu? tutaf praducts grown on the parcel or an adjacent parcel in a roadside stand. ALLEY: A public or private thoroughfare or way that may afford a - pr~nary or a secondary means of access to abutting properties. APARTMENT: A room, or a suite of two or wre rooms, in a multiple duel ling, occupied or suitable far occupancy as a duelling unit for one faally but not including motels or hotels. ARCADE: Any place of business containfng ten (10) or more amusments devices, including but not l imi ted to pinball, air hockey and vtdeo games, far use by the pu3lic at a fee. B BAR: A puilir or private business open to the general public and mensed by the Gal ifornia Qepartment of Alcoholic Beverage Contml .with ai "on-sale prcnises' type license, providing preparation and retail sale of alcohol ic bevttages for consumption on the prmi ses, including taverns, bats and similar uses. BILLBOARD: A sign identifying a use, faciljty, or service not conducted on the premises or a product that is produced, sold or aaanufactured off-si to. BILLIARD PARLOR- OR POOL HALL: "Bill lard parlor" or "pool hall" means a building, stroc~re, or potilon thereof .in that are located one or more tables designed or used for play of pool, billiards, bagatel la, snooker, bunper pool, or similar games, or any establ isbent iequlred to obtain a penit under Chapter 5.40.20 of the Municipal Code. BOARDfNG/LOOGING FACILITY: A bui 1 ding containing a dwelling unl t where 'lo~pi ng is provided, wtm or wi tbout meals, for cornpensation with not mre than five (5) guest rams for ten (10) persons. BUILDING: Any structure that is completely roofed .8nd enclosed on all sides, excludf ng all foms of vehicle% even though im;ro3i1 fzed. BUILDING FRONT: That side of any buiiding designed or utf'liutd as the primaty custonrcr or pedestrfan entrance to the bufldfng. Each building may travr mare than one side of the building designated as a front undzr thl s dcf i ni ti on. BU ILDINC HEIGHT: Tale vzrtical di stante meawrzd frm the average 1 evsl of the building site tr~ the uppernost roof point of the structure, alcluding chimneys, antennas, architectural appurtenances and similar fe2t;rres. (7) For shopping center associations, the nunber 3f days shall be used on a monthly or quarterly schedule. (a) The number of days for fndividual business addresses shall count toward the maximum a1 towable days a1 located for special event sales. (9) All merchandtse, materials, signs and debris shall be removed from the outdoor area by 10:Oo a.m. of the day fol lowing 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 follodng condf tions : a. Such use shall be restrict5d to commercially zaned property. b. Applications must be submitted ten (10) days in advance of the sale. SECTIOt4 9.1.2.06 ADULT ENTERTAIfSMfNT USTS A. PURPOSE. The City Council of the ti ty of Garden Grove finds that adult entertainment businesses, as defined in Section 9.1 -1 .OX, because of their very nature, have certain harmful secondary effects on the . comnunity. These secondary effects include: 1. De?ruiattd property values, vacancy problc~~s In cam~crcial space (particularly In the newer cmtcial buildings). 2. Interference with residential neighbors' enjoynent of their property due to debris, nofse, and vrndrllua. 3. Higher crime ratas In the vicinfty of adult busfnesses. 4. 31igkted conditions wch as a la Jevel of olfntelunke of c0aercial . prmi ses and parking 1 ots. I The City Council further finds that the restrictions and development standards contained fn this Section wf 11 tend to dtigate, md possfbly avoid, the harmful secondary effects on the camnmity associated 4th adul t entertat mnt bus1 nesses. The prima y purpose of these mgul atf ons is the aaetiaratfon of haraf~1 secondary effects on tbe camwnity. The regulatf ons co!WIntd fn this ststion are unrtlattd to the suppttssfon of frze speech and do not limlt access by adults to materials with first Amendne;llt potenti a1 . 8. SPECIFlED SEXUAL ACTlVITIES AND ANATOI~ICAL AREAS. Pursuant to Section 9.1 .I .OX, an adult entertainment business is any business or establishmtnt that offers its patrons services, products or entertainment characterized by an emphasis on matter depicting, descri bin3 or relating to "specified sexual actf vities" 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 -anat copulation, bestiality, di rut physical stimulation of unclothed gent tal s, flagel lation or torture in the context of a sexual relatfonshlp, or the use of excretory functions in the Context of a sexual telationshfp, and any of the following depicted sexually orfented acts or conduct: analingus, buggery, cogrophagy, coprophilia, cunnilingus, . fa1 latio, necrophilia, pederasty, pedophfl ia, piqutrism, sapphisn, zooerasty; or b. Clearly depicted human genitals in a statc of sexual stimulation, arousal or tumescence; 3r c. ilse of human or anlmal masturbation, sodomy, oral copulation, coitus, ejaculation; or d. Fond1 ing ar touching of nude human genitals, pubic region, buttocks or female breast; or e. tlasochisn, erotjc or sexually oriented torture, beatfng or the Infliction of pain; or f. Erotic or lewd touching, fondlfng or other contact with an animal by a hmn being; or g. Human exctetton, utdnrtlon, manstnution, vaginal or anal i rti gatton. h. Dancing by one (1 1 or more 1 ive tntertalners In r manner displaying sptclflc anatcinfcrl areas. 2. For the pu~ose of this SecHon, 'specfff'td anatonlcal areas" shall Include the falloriing: a. Less than caapletely and opaquely covered human genitals. pubic region, buttock, and feaale bast below r point iaPtdirtrly above the tap of the areola; and b. Human male genitals in a dfscemfbly turgid state, even if cmpl etely and opaquely covered. .,"la. C. SPECIAL RESUCAT IONS. In a C-2 23ne, where the adult entertainment businesses regulattd by this Part would otherwise be permitted, it shall. be unlawful to establish any such entertainnent Susiness without the benefit of the hearing body ap?roving a Conditional Use Penni t and if the location is: 1. vithin two hundred (200) feet of any area zoned for residential use or wi thi n two hundred 1200) feet of any building owned and occupied by a public agency; 2. Within one thousand (1.000) feet of any other "adult enterta<nmentm business; . 3. Uithin one thousand (1,000) feet of any school facility, publlc or private, grades K through 12; park; playground; pub1 ic I ibraries; 1 icensed day care facilities; church and accessory uses. The "esta3li shnent" of any "adult entertainment' business shall f nclude the opening of such a business as a new business, the relocation of such business or the conversion of an existing busfntss tocation to any *adult entertaiment". business uses. For the purposes of thls Sectfan, all df,stances shall be aeasured in a straignt 11 ne, wi thout regard to intervening structures or objects, from the nearest pofnt of the bufldfng or structure used as a part of the prenises where said adult entertainment business is conducted to the . - nearest 3roperty 7 ine of any lot or premises zoned for residentlal use, or to the nearest property line of any lot or premfses of a church Or educatiottal i nsti tution util ired by lninors or to the nearest point of any bullding or structure used as a part of the premises of any other adul t entertainment business. Any property owner or his autharized agent may' apply to the hearing body for a variance of any locational provisions contained in this Section. The 9earfng 3ody, after a heart fg, my grant r vrrfance to any locrtf onal provision, if the following ffndfngs are made: 1. 7 hat the proposed use wit1 not be contrary ti3 the pu31f: interest or fnjurious to nearby properties, and that the spirft and f nteaf of this Szctiorf wfll be observed; 2. That the proposed use will not unreasonably tnkrfcn wfth the use and enjoyment of neighborfng property or cause or exacerbate the deve1r)prrnt of urban blight; 3. Tlrat the establfshRICnt of an addftionat regulated use fn the area will mt be contrary to any program of neighborhood conservation or revfta'litat4on nor will It interfere wfth any pro3ran being carried out pursuant to the Cmnlty 2edevslopnent Law; and 4. That all applicable regulations of this Code will be 03~ccved. The procedure for this hearing shall be the same as that provided in Article 6, Division 2 of the Garden Grove Municipal Code, with, aaeng other matters, the same notice requf ttmcnts, the Saa# right of appeal to the City Council, and the same fees payable by the applicant. The Development Services Department shall prepare the ntctssary applicazion form for this variance. E. ADULT MERCHANDISE IN #ON-ADULT USE BUSINESS. 1. Oefini tfons. For the purposes Of this Part, "adult merchandiseu is defined as any product dealaing f n or with expl icf~ly sexual mataria1 as characterized by matter depicting, describing, or relating t3 specified sexual activities or specf fied anatomical areas. In addition, "non-adul t use business* means any business or establishment not included in Section 9.11 .OX. 2. Floor Space Cim4tationt. No more than f iftetn (15) perrent of total flow space area open to the public of a non-adult use business shall be devoted to adult merchandi re. 3, Segregation of Adult Herchrndise. Retailers clrssified as mn-rdul t use estabi ishents shall display adult nthhrndise in an area of the business wgrqakd and screened froro the arta used for the sale md di splay of non-adul t nrtrrhandi st. Screening may be accompl 4 SM with partitions or safd adult materials may be dlsplaytd In scprrrte rooms. 4. Access by Minors. Non-adult use establishnrtnts shall provide control s sufficfent to prohfbl t access by persons under eighteen (18) years of age to areas screened or segregated for the pur;lose of sell i ng or dl splaying adult aehhandise. 5. Certain Merchandise Prohibi ted. Won-adul t use bus1 ntsses shall not dl sp i ay or merchandise adult, sexuaily oriented imp1 cmcnts and paraphernalia, including, but not limited to: dildos, auto sucks, stxually oriented vibrators, edible underwear, hma balls, inflatable orfflces, anatomical balloons with orifices, simulated and battery operattd vaginas, and sfnil ar sexual 1y orientcd devices. Mcwstrcks shall not dfsplay specified sexual actjvjtits or specified anatomical atTdS. A. PURPOSE. To establish criteria and conditions for uses that sell, serve, mu consmpti on of alcohol 4 c bevttrgts. pterse comoletc this brief survey and *turn it to the City of brrden Grove, City &nagergs Office, by March 1, 1991. A postage paid envelope is enclosed for your canvtnience. I. ilascd upon your personal obsetv~tf~n~ as a nrl estate proftssional, or on fnformrtion =Aved through the prrctlce of your profession, do you have rn opinlon rs to whether the presence of an roul t books tor^ affects the resale or mntrl vrlues of nearby properties? Yes Ilo optnton 2. How many years have you practfced fn the real estate professfan? 3. How uny years have you practiced rrrl esute in tRe Garden Crow area? Ouestfons 4 through IS: Vlerse nad th. following information rbaut a Wtlwtical ~ighbortrood and respond to r feu questions fn tern of your prof~ssfonr1.experieae and fudcplnt. A middle-fncorr rcsidcntirl migWorhood borders a aIin stmt that t0ntafn~ various conrrclrl uses that sem tht neighborhood. Although lost of the ~Ighborhood Is cagdsed of single-faaily haws. -re are tuo aultlple-faally mri$entirl complexes in the neighborlrood is -11. A corncrtial buflding recently lus kcor vacant and will apen shortly as r typical rdvlt bootstom. (A .tygiul' adult bookston In &Men 6row also contains several 'mp show" 000~s.l mem m no other rdult booksaam or similar actlrltles In the rrra. Thsm Is no other vaunt eorrrdrl space prrtrntly 8vrllable ln the arm. Based upon'you? professional experience. hau rout4 you expect awrrw values of the folladng types of property ap k affected if they am less Mln 200 twt may fra ttu now rdult bootston? (Clrcle the a$proprirte wr fov each tyue of property.) nor would you expect the rwragr value to b. affm if thr proglftles am withla 200 ta 500 fwt of tbe tuw adult bodrstdfo? Asmm tklt tLI m ahlt bOastOl. dl1 k ~KI# dtMn 1QQQ (kt of ~II alstiag &It bwkstam OT other adult ent.rtriment aso. k..d o~a pa mutonal .rprl.r#, Mu -Id you .r#ct Pk values of tlr lollorlmg types of ptoprt1.r to be rftuW, ff Uuy am less than 200 feet my tra the mr bookstove? - 4. 19. If the area fs cmrcfal: ~i-r. fubstrntfal fa k Some Substantial Inc~ase lncrrrsc effect Oecrfase OI~rease crfme 1 trafflc 1 11 ttar I. a01 se 1 safety of .oQcn and chi 1 dren 1 general aual lty of the business ~nvi ronmnt 1 rtnts 1 loltrrfng 1 ability to attract other busfnrsrcs 1 roll f ty of other busfntsses tQ 4ttTlCt custm8l-s 1 20. In general, to what degree da you feel rdul t entertaiment businesses affect property values? . . 21. Why do you feel thf s way? 22. OPTlOWAt: Ham, llvw of Firm, aad Wrtss thrnr you again tor yew rsrisum rlth tMs sutwy. f I C' "ow ,,wid you cxpcct the average values to k affected If the 9rovertles an within 200 to 500 feet of me nm adult oookst~re? b. Orred upon your professfonrl ex~rlrncr. h~ ~ld pu evrlruU the 1-t of loutfng M -1 t boakttore wftnln 200 feet af an area on the followfng: 16. If the area 1s msldmtial: substantfa1 sonc Ilo Same Subskntlrl ---- ~- Increase f&&asr Effect Oecrrrse kcreare r. criw b. trafftc c. Iftter d. notre e. safety af wmn md chi ldrrn f. general qurlfty of llfe 9. rrnts . h. loltrvfng 17. 11 the - 8. t+i b. trr c. 111 4. no1 e. sat C f. Wn b 9. mfl h. lo1 -1. J1 n j. rbl t rna ff carwrcfat: 8rsrd on ywr prohsslocul .rgl+l.rwr, ha mld you wrlurte tho 1.gKt of Ieutlng bo or (lpk adult booksQprrs dthln 1000 feet of 8- otlwt and dtMn Wt of 8n rm ocl tlw follaulngt m 'f ic rr D la or WIWI md llldlm 1rr1 quality of life 3 let 1of trrtng